Palm Springs City Zoning Code
CHAPTER 94
00 Procedures
§ 94.00.00 Uses permitted.
Building, structures and land shall be used, designed, erected, structurally altered or enlarged only for the purposes permitted in the zone in which such building or land is located and then only after applying for and securing all permits and licenses required by law and ordinance.
(Ord. 1294, 1988)
§ 94.01.00 Similar uses permitted by commission determination.
Sections 94.01.01 and 94.01.02 contain the purpose and procedures for zoning uses permitted by commission determination.
(Ord. 1294, 1988; Editorially amended during codification)
§ 94.01.01 Purpose.
It is recognized that in the development of a comprehensive zoning ordinance:
A.
Not all uses of land can be listed, nor can all future uses be anticipated; or
B.
A "use" may have been omitted from the list of those specified as permissible in each of the various zones herein designated; or
C.
Ambiguity may arise concerning the appropriate classification of a particular use within the meaning and intent of this Zoning Code.
Hence, the phrase "other uses which the commission may determine to be similar to those listed above and not more obnoxious or detrimental to other uses permitted in the zone or to the public health, safety and welfare" appears under "uses permitted" in each zone.
(Ord. 1294, 1988)
§ 94.01.02 Procedure.
A.
When an unlisted use is proposed for a particular zone or when classification of an unlisted use is requested, it shall be the duty of the commission to ascertain all pertinent facts concerning such use and by resolution of record set forth its findings and the reasons for designating a specific classification for such use. A newly-designated use, as approved by the planning commission, shall be considered as an addition to the zoning ordinance at an appropriate time following when other general amendments are also being considered.
B.
Findings.
In permitting or classifying an unlisted use, the commission shall first make a finding that all of the following conditions exist:
1.
That the use is in keeping with the stated intent and purpose of the zone; and
2.
That field investigations have disclosed that the subject use and its operation are compatible with the uses permitted in the zone wherein it is proposed to be located; and
3.
That the subject use is similar to one or more uses permitted in the zone within which it is proposed to be located; and
4.
That the subject use will not cause substantial injury to the values of property in the zone within which it is proposed to be located.
(Ord. 1294, 1988; Ord. 1553, 1998)
§ 94.02.00 Conditional use permit.
The conditional use permit is intended for those types of land uses which require special consideration in a particular zone or in the city as a whole due to: the size of the area needed for full development of such use; the unusual traffic, noise, vibration, smoke or other problems incidental to its operation; special locational requirements not related to zoning; or to the effect that such uses may have on property values, health, safety, and welfare in the neighborhood or in the community as a whole. It is also for uses whose approximate location is indicated on the general plan but whose exact location and arrangement must be carefully studied. In granting the Permit, certain safeguards to protect the health, safety, and general welfare may be required as conditions of approval.
Uses lawfully existing on the effective date of this Zoning Code which are listed as permitted subject to conditional use permit in the zone in which they are located may continue without securing such a permit; however, any extension or expansion of such use shall require a conditional use permit.
A.
Uses Permitted Subject to Conditional Use Permit.
1.
Uses listed in the zones as "Uses Permitted by Conditional Use Permit" and high-rise buildings permitted by a zone's development standards, and pursuant to Section 93.04.00, may be permitted in said zones subject to the provisions of this section. The Planning Commission shall review and approve or disapprove the use. The commission's action shall be final unless appealed to the council.
2.
The following uses may be permitted pursuant to this section, unless otherwise permitted, in any zone except where expressly prohibited, when such uses are deemed by the commission to be essential or desirable for the public welfare and convenience and in conformity with the general plan and its objectives.
a.
Commercial communications antennae, including, but not limited to, monopoles and towers that, in the determination of the Director, may have a visual impact on the surrounding area;
b.
Governmental facilities;
c.
Institutions of a philanthropic or charitable nature;
d.
Private educational institutions on major thoroughfares as defined on the general plan of the city;
e.
Public utility structures and installations.
3.
A conditional use permit for temporary structures within a present or future public right-of-way may be granted by the Planning Commission only when the property owner applying for such a permit signs an agreement with the city to remove any such temporary building or structure at his own expense at a date certain or whenever requested by the city. Action by the planning commission shall be final unless appealed to the city council.
B.
Procedure.
1.
Application.
a.
Filing. The owner, lessee or authorized agent of the owner or lessee, if of a subject property, are the only persons authorized to sign an application. Where the authorized agent is the signatory, his or her authorization to represent the owner or lessee shall be in written form signed by the owner or lessee.
b.
Form and Contents. Application shall be made to the planning commission on forms furnished by the department of planning and building and shall be full and complete, including such data as may be prescribed by the commission to assist in determining the validity of the request. Incomplete applications shall not be accepted for filing.
2.
Filing Fee.
When the application is filed, a fee shall be paid in such amount as has been prescribed by resolution of the City Council for the purpose of defraying the costs incidental to the proceedings.
3.
Staff Investigations.
The planning staff shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the intent of this Zoning Code and the general plan, and shall report the findings to the commission.
4.
The Planning Commission shall provide for a public hearing to be held in the manner provided for in Section 94.09.00.
5.
Commission Public Hearing, Recommendation and Notice Thereof.
a.
The commission shall, not less than 10 nor more than 30 days after the notification of property owners, hold a public hearing on the application.
b.
The commission shall reach its decision within 30 days after the conclusion of the public hearing. The decision shall set forth the findings of the commission and any recommended conditions, including any time limit deemed necessary to protect the health, safety and welfare of persons in the neighborhood and in the city as a whole.
c.
The decision and findings shall be filed with the city council within 15 days after they have been reached. A copy of the minutes thereof shall be mailed to the applicant at the address shown on the application. The action of the commission shall be final unless appealed.
6.
Commission Findings and Conditions.
The commission shall not approve or recommend approval of a conditional use permit unless it finds as follows:
a.
That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code;
b.
That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located;
c.
That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood;
d.
That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use;
e.
That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards. Such conditions may include:
i.
Regulation of use,
ii.
Special yards, space and buffers,
iii.
Fences and walls,
iv.
Surfacing of parking areas subject to city specifications,
v.
Requiring street, service road or alley dedications and improvements or appropriate bonds,
vi.
Regulation of points of vehicular ingress and egress,
vii.
Regulation of signs,
viii.
Requiring landscaping and maintenance thereof,
ix.
Requiring maintenance of the grounds,
x.
Regulation of noise, vibration, odors, etc.,
xi.
Regulation of time for certain activities,
xii.
Time period within which the proposed use shall be developed,
xiii.
Duration of use,
xiv.
Dedication of property for public use,
xv.
And such other conditions as will make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this Zoning Code, including but not limited to mitigation measures outlined in an environmental assessment.
C.
Appeal.
The procedure for appeal of conditional use permit decisions shall be pursuant to Chapter 2.05 of the Palm Springs Municipal Code.
D.
Effective Date.
A conditional use permit shall become effective after an elapsed period of 15 days from the date of the decision by the commission authorizing the permit.
E.
Time Limit for Development.
Unless otherwise stated by the commission, the time limit for commencement of use or construction under a conditional use permit shall be two years from the effective date of approval. Extensions of time may be approved pursuant to the requirements of Section 94.12.00.
F.
Revisions to Site Plan Approved as Part of a Conditional Use Permit.
1.
Minor revisions to a site plan approved as part of a conditional use permit may be made after review and approval by the Director pursuant to the architectural approval procedure Section 94.04.00. "Minor revisions" are defined as revisions which in no way violate the intent or any of the standards or conditions of the permit or of the zone.
2.
Revisions other than minor revisions, as defined above, shall be made pursuant to the regular conditional use permit procedure set forth in this section.
G.
Revocation or Voiding of Conditional Use Permit.
1.
The commission, may, after notice and public hearing, revoke any conditional use permit for noncompliance with any of the conditions set forth in granting the permit.
2.
Notice.
a.
Notice shall be mailed to the record owner and lessee of the subject property not less than 20 days prior to holding a public hearing. Such notice shall state the complaint and shall request appearance of such owner and lessee at the time and place specified for the hearing to show cause why the permit should not be revoked.
b.
Notification of property owners shall be given as provided in Section 94.02.00(B)(4).
3.
Within 10 days after the public hearing, the commission may by resolution, revoke or modify the conditional use permit. After revocation, the subject property shall conform to all regulations of the zone in which it is located according to a time schedule determined by the commission.
4.
If the time limit for development expires and development has not commenced, or the use permitted by the conditional use permit does not exist or was not commenced within 24 months of its approval, the conditional use permit shall be subject to revocation by the planning commission after holding a noticed public hearing. An extension of time may be approved pursuant to the requirements of Section 94.12.00.
5.
Termination of a use granted herein for a period of one calendar year shall terminate the use rights granted without further notice or public hearing. An extension of time may be approved pursuant to the requirements of Section 94.12.00.
H.
Reapplication.
Application may not be made for a similar conditional use permit on the same land, building or structure within a period of six months from the date of the final decision on such previous application unless such decision is a denial without prejudice.
I.
Existing Permits.
Any conditional use permit granted pursuant to any zoning ordinance enacted prior to the effective date of this Zoning Code shall be construed to be a conditional use permit under this Zoning Code subject to all conditions imposed in such permit. Such permit may, however, be revoked or voided as provided in Section 94.02.00(I) above.
(Ord. 2042 § 17, 2021; Ord. 2088, 11/9/2023)
§ 94.02.01 Land use permits.
A.
Intent and Purpose.
The intent and purpose of a land use permit is to provide a means to review the impact of proposed land uses and to impose such conditions to the proposed use as are necessary to insure that these uses are compatible with adjacent properties and the community.
B.
Initiative.
A land use permit may be initiated by the owner(s), or their authorized agents, of property within the city, where the use is subject to a land use permit.
C.
Uses Permitted Subject to Land Use Permit.
1.
Uses listed in the zones as "Uses Permitted by Land Use Permit" may be permitted in such zones, subject to the provisions of this section. Land use permits for primary land uses shall be considered Type I permits; those for accessory uses shall be considered Type II permits.
2.
The following uses may be permitted pursuant to this section in any zone, except where expressly prohibited:
b.
Fences or walls within a present or future public right-of-way, only when the property owner signs an agreement with the city to remove any fence or wall at his own expense at a date certain or whenever requested by the city;
c.
Temporary recreational vehicle (RV) parking, in conjunction with a convention center activity, subject to conditions below and to those determined necessary by the Director:
i.
Usage must be proposed for a minimum of 15 RVs,
ii.
The maximum stay for any one event shall be three nights,
iii.
All RVs shall be located a minimum of 300 feet from any existing residential use, except for hotels,
iv.
All RVs shall be setback 25 feet from all property lines,
v.
All RV spaces shall be marked,
vi.
There shall be a minimum of 10 feet between each RV,
vii.
All RVs shall be self-contained,
viii.
All accessways to individual RV spaces shall be a minimum of 25 feet in width; all RVs shall front an accessway,
ix.
If used, on-site lighting shall be shielded from surrounding properties and streets; light standards shall be a maximum of 16 feet in height,
x.
At least one three-cubic-yard trash bin shall be provided for every 30 RVs; the bins shall be located at least 40 feet from any property line,
xi.
No other incidental use, or outdoor activities, shall be permitted,
xii.
The site shall be returned to its original, or better, condition prior to the convention center activity immediately upon the culmination of the activity,
xiii.
Neither grading nor the removal of natural vegetation shall be permitted. The project shall comply with the city's dust control ordinance;
d.
Specific parking plans;
e.
Temporary special events, such as circuses, carnivals, festivals, and other similar temporary events;
f.
A change of use for an existing commercial/retail building on property with frontage on Palm Canyon Drive (including East Palm Canyon Drive and South Palm Canyon Drive) or Indian Canyon Drive, will be eligible for a waiver of all or a portion of additional parking that would otherwise be required for such change of use so long as:
i.
The property is not within a Planned Development District,
ii.
The property is not more than three acres in total area,
iii.
The existing building is less than 20,000 square feet,
iv.
The property is not within "D" downtown parking combining zone, and
v.
The building existed prior to October 3, 2014;
g.
Temporary buildings or structures in commercial and industrial zones, for a period not to exceed 18 months.
D.
Procedure.
1.
Application for land use permit shall be made to the department of planning and building on forms provided by that department and shall be accompanied by the following:
a.
An application fee to assist in defraying the expense of labor and materials incidental to the proceedings described herein. This fee shall be in accord with a schedule established by resolution of the city council and shall be nonrefundable;
b.
A site plan displaying information set forth on the land use permit;
c.
Such other information as the Director may require, including but not limited to, adjacent uses, photographs, building elevations, landscape plans, design studies, etc.
2.
Notice of the land use permit application may be sent, at the discretion of the Director, via electronic mail to the representative or representatives listed on the City's Neighborhood Organization web page for each neighborhood organization within one-half mile of the subject site at least 10 days prior to approval, approval with conditions, or denial of the application.
3.
After completion of the investigation, the Director shall either approve the land use permit, subject to those conditions of approval he may deem necessary, or refer the entire matter to the planning commission for review and action. The Commission shall receive the matter at its next regularly scheduled meeting and act within 30 days.
4.
Review of Planning Commission—Appeal.
In any case, where the applicant or any other aggrieved party is not satisfied with the decision of the Director, he may within five days of such decision, request review of such decision by the planning commission. Such request shall be made in writing to the Department. Upon receipt of such request, the Department shall schedule the matter for planning commission review, and shall forward to the planning commission for its consideration all of the documents and materials submitted with the application, together with a report of the decision of the Director and the reasons therefor. The planning commission may act upon the application as if it were the initial consideration of the application. No public hearing shall be required for such action. Any person aggrieved by the decision of the planning commission may appeal to the city council in the manner provided by Chapter 2.05 of the Palm Springs Municipal Code.
5.
Revocation.
a.
When the conditions of a land use permit have not been or are not being complied with, the Director shall give at least then (10) days notice to the permittee(s) of intention to revoke such permit. The permittee shall be given opportunity at an office hearing to show cause why the permit should not be revoked. If good cause is not shown, the Director may revoke the permit. Such revocation may be appealed to the planning commission.
b.
When a land use permit has not been acted upon within one year after the date of granting thereof, or in the event the use terminates or is inactive for six months, then without further action by the Department, planning commission, or city council, the land use permit shall be null and void.
c.
Transfer of a land use permit to another applicant is subject to review and approval by the Director.
7.
A copy of the approved land use permit shall be displayed, or presentable upon request by any city official, during the time the permit is valid and the use for which the permit was granted is operational. Should the permit not be available upon request, such permit shall be considered null and void during the time it is not available.
(Ord. 1294, 1988; Ord. 1418, 1992; Ord. 1500, 1995; Ord. 1553, 1998; Ord. 1813 § 2, 2012; Ord. 1829 § 3, 2013; Ord. 1834 § 1, 2013; Ord. 1855 § 1, 2014; Ord. 1984 § 27, 2019; Ord. 2031 §§ 66—73, 2020; Ord. 2041 § 33, 2021)
§ 94.03.00 Planned Development District (PDD).
A.
Purpose and Intent. The purpose of planned development districts is as follows:
1.
Allow development of multiple land parcels under a single development plan.
2.
Allow a mixture of land uses, housing types, or zones within a single development project.
3.
Allow flexibility in certain development standards, where contextually appropriate, or where necessary to accommodate the development of affordable housing.
4.
Promote innovation and excellence in site and urban design, resulting in projects of significantly higher quality than would be achieved through conventional design practices and standards, and/or the underlying zoning.
5.
Promote design variety within a development.
6.
Promote open space preservation.
7.
Promote more efficient traffic and pedestrian circulation.
8.
Promote preservation of natural features or significant historic/architectural features.
B.
Applicability. The following regulations and general rules set forth in this section shall apply in a planned development district. A planned development district application is equivalent to a change of zone as specified in Section 94.07.00. A planned development district application may be required to implement the goals, policies and objectives of a specific plan. Development in a planned development district shall be subject to the requirements of this Section and shall conform to the specifications of the preliminary and final development plans as approved.
C.
Application and Procedures.
1.
General Requirements. A planned development district may be established through application of the property owner or his legal representative or the City Council in accordance with the procedures as established in this Section, compliance with the requirements of the California Environmental Quality Act, and the approval of preliminary and final development plans. The process for approval of a planned development district shall be as follows:
2.
Pre-application Submittal Process.
a.
Pre-application Submittal. Prior to submitting a planned development district application, the applicant shall submit a pre-application package in a form as determined by the Director. The preapplication submittal shall include the following:
i.
Scaled and dimensioned site plans in a schematic format;
ii.
Schematic massing diagrams and/or building elevations, showing the overall height of the project;
iii.
A project justification statement, as outlined in Section (3)(d); and
iv.
At the discretion of the Director, the applicant may be required to provide preliminary analyses and environmental studies that identify and evaluate environmental constraints on the project site.
b.
Neighbor Outreach Meeting. A Neighbor Outreach Meeting (Outreach Meeting) is intended to engage residents, property owners and interested community members early in the conceptual design of the planned development district and inform the applicant as to what these parties find important in the neighborhood, what they consider compatible with the neighborhood, and what types of land uses they would support to be added to the neighborhood. An assigned City planner shall attend the Outreach Meeting and observe the process. The following is required of the applicant:
i.
The applicant shall conduct at least one in-person Outreach Meeting in accordance with the procedures outlined by the Director. Notification of the meeting shall be provided to surrounding residents, property owners, community associations and Neighborhood Organizations, in accordance with the notification provisions listed in PSZC Section 94.09.00(E).
ii.
At the Outreach Meeting, the applicant shall, in good faith, provide information to the residents, property owners and community members about the purpose of the meeting, including a presentation on the goals and objectives of the planned development district, the conceptual development plan, and measures taken to ensure compatibility with the existing surrounding neighborhood.
iii.
After completing the Outreach Meeting, the applicant shall prepare an Outreach Meeting report. The report shall include a list of attendees and copies of the materials used during the Outreach Meeting. The applicant shall also include a list of input received from community members, and how and why it was or was not incorporated in the pre-application submittal. The report shall be organized such that issues and ideas provided by the community members are clearly labeled by the applicant in the list and the pre-application submittal.
iv.
In addition to the above Outreach Meeting, the applicant shall, at the request of the City, hold additional meetings after the formal planned development district application is submitted.
c.
Planning Commission Scoping Meeting. Once the requirements of Section (2)(a) and (2)(b) have been completed as determined by staff, the Planning Commission shall review the pre-application submittal materials at a study session. The Commission may provide comments to the applicant, but shall not take any action on the pre-application submittal, nor shall it preliminarily indicate approval, conditional approval or disapproval of the proposed project at this stage.
3.
Formal Application – Preliminary Development Plan. The applicant shall submit a preliminary development plan for review by the Planning Commission and City Council. The following items shall be required in conjunction with the submittal of a preliminary development plan application:
a.
Plans, Elevations, and Sections. The applicant shall submit a site plan, landscape plan, building massing and elevations, and site sections, which shall be provided in schematic form.
b.
Permitted Uses. The applicant shall provide a list of permitted uses that shall be allowable in the planned development district.
c.
Development Standards. The applicant shall provide a list of development standards for the proposed planned development district, including, but not limited to, setback requirements, height limits, lot coverage requirements, open space requirements, parking requirements, permitted accessory structures, and setback requirements for accessory structures and swimming pools. The applicant may also be required to submit architectural design guidelines for projects that are intended to be constructed in multiple phases.
d.
Project Justification Statement. The applicant shall submit a project justification statement, identifying the following:
i.
How the proposed development is superior to that which is permitted by right-of-zone;
ii.
How the proposed application conforms to the purpose of a planned development district as identified in Section 94.03.00(A);
iii.
Which exceptions to the underlying zoning regulations are being requested and why those departures are necessary;
iv.
What recreational or open space amenities are being provided for residents of the development; and
v.
How the architectural form and site planning is superior to that which would otherwise result from conformance to the standard zoning district requirements.
e.
Outreach Meeting Report. The applicant shall be required to provide a copy of the Outreach Meeting report, as outlined in Section (2)(b), with the preliminary development plan application.
f.
Public Benefit. The applicant shall identify the public benefit that is being provided to mitigate the impacts of the proposed development in accordance with the requirements of Section 94.03.00(D)(3).
g.
Concurrent Applications. Any associated applications required for the planned development district, such as an architectural review application, conditional use permit, or subdivision map, may be submitted and processed concurrently with the preliminary development plan application.
4.
Development Agreement. In addition to the PDD application, applicants are required to prepare a development agreement for any of the following circumstances:
5.
Preliminary Development Plan – Recommendation by the Planning Commission. The Planning Commission shall hold a public hearing in accordance with the requirements of Section 94.09.00 to review the preliminary development plan for conformance to the requirements of this Section and shall make a recommendation to the City Council. The Planning Commission may recommend approval, approval with conditions, or denial of the application. The Planning Commission shall also make a recommendation to the City Council regarding the sufficiency of the public benefit provided by the applicant.
6.
Preliminary Development Plan – Approval by the City Council. The City Council shall hold a public hearing in accordance with the requirements of Section 94.09.00 to review the preliminary development plan for conformance to the requirements of this Section. Action to approve the plan shall constitute approval of a preliminary planned development district. The preliminary development plan shall, by reference, be incorporated into and become a part of the planned development district.
7.
Final Development Plan – Approval by Planning Commission. The applicant shall submit a final development plan for approval by the Planning Commission. The final plan shall be substantially in conformance with the approved preliminary plan and shall incorporate all modifications and conditions to the preliminary development plan made by the City Council. Should the final plan propose modifications which are not in substantial conformance with the approved preliminary plan, such plan shall be processed as a new application.
8.
Final Development Plan – Appeal of Planning Commission Action. Approval of the final development plan by the Planning Commission shall be final unless appealed to the City Council. The appeal procedure shall be pursuant to Chapter 2.05 of the Palm Springs Municipal Code.
9.
Recordation of Final Map. Any final map required for a planned development district shall not be recorded until the Final Development Plan has been approved by the Planning Commission, or the City Council if on appeal.
10.
Designation of Planned Development District on Zoning Map. Each planned development district shall be numbered, the first being shown on the official zoning map as PD(1) and each district subsequently applied for being numbered successively. All planned development districts granted final plan approval and constructed in accordance with the final plan shall be shown on the official zoning map of the city. Designation of a planned development district on the official zoning map shall constitute an amendment of the official zoning map. Planned development districts which are terminated pursuant to this Section shall revert to the previous zoning pursuant to Section 94.03.00(H).
D.
Minimum Development Standards.
1.
Uses Permitted. The Planning Commission and City Council shall find that the proposed uses as shown on the preliminary development plan for the planned development district are in conformity with the required findings and conditions as set forth in this Section, the general plan, and sound community development. Only those uses approved by the Planning Commission and City Council may be permitted in the planned development district. The following types of uses may be permitted in a planned development district:
a.
Mixed-Use Development. Planned development districts may include a multiplicity of uses, provided the proposed uses are permitted by the general plan land use designation. The form and type of development on the site boundary shall be compatible with the existing or potential development of the surrounding neighborhoods.
b.
Housing Uses. Planned development districts may include a multiplicity of housing types, provided the density conforms to the overall gross density of the general plan requirements. A planned development district application for a single housing type is prohibited, unless combined with commercial or civic/institutional uses, or for the development of affordable housing units.
c.
Industrial Uses. In industrial zones, a property which combines industrial and service commercial uses may be approved as a planned development district subject to the performance standards of the M-1-P zone to protect the health, safety and welfare of the area. Such planned development districts shall be permitted on a major or secondary thoroughfare as indicated on the general plan street plan or when these uses are integrated into an overall development plan. In both instances the proposed use shall not adversely affect the uses of properties in adjoining areas.
d.
Civic/Institutional Uses. Additional uses may be permitted in the planned development district including churches, nursery and day schools for pre-school children, civic uses, and other similar uses when these uses are located on a secondary or major thoroughfare as indicated on the general plan street plan or when these uses are integrated into an overall development plan and when in both instances the proposed use would not adversely affect the uses of property in adjoining areas.
e.
Gaming Uses – Allotted Trust Land. On allotted trust lands of the Agua Caliente Indian Reservation, a property which contains a gaming facility may be approved as a planned development district subject to the objectives and general plan land use section to protect the health, safety and welfare of the area. Such planned development district may include support uses such as resort hotels, restaurants, retail commercial, and entertainment and parking facilities. Such planned development district shall be permitted on a major or secondary thoroughfare as indicated on the general plan street plan or integrated into an overall development plan. In both instances the proposed use shall not adversely affect the uses of adjoining properties.
2.
Property Development Standards. The Planning Commission and the City Council shall establish a full range of development standards appropriate to the orderly development of the site, which shall include the following minimum standards:
a.
Building Height. Building heights shall conform to the requirements of the comparable underlying zoning district, or as may be permissible under the General Plan.
b.
Parking Requirements. Parking and loading requirements shall be subject to the requirements of Sections 93.06.00 and 93.07.00, respectively. Reductions in parking requirements may be approved as part of a planned development district application where there is a mixture of uses on the site and such uses may benefit from a shared parking arrangement. A parking study shall be submitted for review as part of any request to reduce parking requirements based on a shared parking arrangement.
c.
Setback Requirements. Front yard setbacks compatible with the existing or potential development adjacent and/or opposite from existing development shall be required to provide for an orderly and uniform transition along the streetscape to preserve, protect and enhance the properties adjacent to the proposed planned development district. Nonperipheral areas of the planned development district shall not be subject to this requirement but shall be determined by approval of the preliminary development plan by the City Council. Exceptions to internal setback requirements or minimum building separation requirements shall be mitigated by increased open space.
d.
Lot Width. Minimum lot frontage not less than that of existing lots adjacent and/or opposite from existing developments shall be required to provide for an orderly and uniform transition along the streetscape to preserve, protect and enhance the properties adjacent to a proposed planned development district. Nonperipheral areas of the planned development district shall not be subject to this requirement but shall be determined by approval of the preliminary development plan by the Planning Commission.
e.
Development Form. The form and type of development on the planned development district site boundary shall be compatible with the existing or potential development of the surrounding parcels.
f.
Open Space Requirements. Open space for planned districts shall be equal to or greater than the minimum open space requirement for the comparable zone in which the planned development district is located, except medium-and high-density residential developments may be modified as described below. Recreational areas, drainage facilities and other man-made structures may be considered to meet a part of the open space requirements, where such facilities provide recreational opportunities for residents or are enhanced with landscape treatments that adequately screen the facilities.
i.
Natural Features. Protection of natural landscape features such as watercourses, sensitive land area, existing native vegetation, wildlife, unique topographical features, and views shall be required. Open spaces shall be integrated into the overall design of the project.
ii.
Open Space for Commercial/Industrial Uses. The percentage of open space for commercial, industrial and mixed uses shall be determined by the development plan approved by the city council, and shall include, features such as plazas, pocket parks, or other similar features where feasible.
iii.
Open Space for Residential Uses. At the discretion of city council after recommendation from planning commission, the maximum lot coverage and minimum open space standards may be modified for projects providing affordable housing within medium- and high-density residential zones (R-2, R-3, R-4). Of the total required open space area, a maximum of 50% may be designated as private open space. The remainder of the required open space area shall be designated as common open space.
g.
Street/Driveway Alignment. Planned development districts shall respect the existing street grid, so that entrances to the development or streets within the development align with the existing street grid at the perimeter of the development. In addition, the planned development district shall conform to the street alignments identified in the Circulation Plan of the General Plan.
h.
Density – Affordable Housing. Housing density may be increased in conformance with state and local regulations if the planned development district assists the city in meeting its affordable housing goals as set forth in the housing element of the general plan.
i.
Perimeter Landscape Buffer. A 10 foot wide landscape buffer area shall be required between any perimeter wall and any abutting public right-of-way.
j.
Pedestrian and Bicycle Access. Pedestrian and bicycle access to the development shall not be gated and shall remain open and accessible.
3.
Public Benefit.
a.
General. Each application for a planned development district shall require the provision of public benefit to offset any additional impacts of the project, including those additional impacts specifically created by waivers of development standards requested under this section.
b.
Exclusions. The elements listed below shall not be considered as a public benefit:
i.
The project itself shall not be considered as a public benefit, unless a minimum of 25% of the gross floor area of the project has been developed as affordable housing units;
ii.
The dedication of land or public improvements, the payment of standard impact fees or any other exaction which is imposed on all comparable development projects not seeking waivers of development standards under this section.
c.
Determination of Public Benefit. The public benefit shall proportionally offset the additional impacts created by the waivers requested as part of the planned development district application. The applicant shall be responsible for identifying the requested waivers for the project and their impact on public infrastructure and/or services and the accompanying public benefit that will offset that impact. The Planning Commission and the City Council shall review the proposed public benefit for sufficiency and shall specifically identify the public benefit in the conditions of approval for the development.
d.
Types of Public Benefit Required. An approved public benefit shall include one or more of the elements listed below or any similar element that is intended to proportionally offset the addition impacts specifically created by the waivers requested under this section.
i.
Affordable Housing. The payment of fees to the City's affordable housing fund, construction of affordable housing units on the site, or the construction of off-site affordable housing units.
ii.
On-site Public Amenities. The provision of on-site amenities which will be available to or benefit the general public such as parks and plazas, community open space dedication, community meeting rooms, civic facilities, day care facilities, preservation of historic structures, preservation of natural features, public art, or similar amenities.
iii.
Off-site Improvements. The provision of off-site amenities and dedications, including traffic enhancements, traffic calming improvements, bikeways and trails, park lands, recreation facilities, public art, or other similar public improvements located off the project site which are intended to proportionally offset the additional impacts specifically created by the waivers requested under this section for the project.
E.
Criteria and Findings – Preliminary Development Plan. The City Council shall not approve a preliminary development plan unless the following findings are made:
1.
The uses, density and intensity of the proposed preliminary development plan are in conformance to the general plan land use designation for the site;
2.
The uses permitted under the proposed development plan are in conformance to the requirements listed in Section 94.03.00(D)(1), and are not detrimental to adjacent properties or residents;
3.
The preliminary development plan is in conformance to the property development standards listed in Section 94.03.00(D)(2);
4.
The site is adequate in size and shape to accommodate the density and/or intensity of the proposed development;
5.
The site for the proposed preliminary development plan has adequate access to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use, and the design for the site enhances or continues the city's existing grid in accordance with the Circulation Plan of the City of Palm Springs General Plan;
6.
The public benefit provided by the development is mitigates any waivers or exceptions requested as part of the preliminary development plan; and
7.
That the conditions to be imposed and shown on the approved preliminary development plan are necessary to protect the public health, safety and general welfare.
F.
Criteria and Findings – Final Development Plan. The Planning Commission shall not approve a final development plan unless the following findings are made:
1.
The final development plan is in substantial conformance with the preliminary development plan;
2.
The final development plan is in substantial conformance with all other associated entitlements for the development; and
3.
The final development plan incorporates all modifications and conditions to the preliminary development plan as approved by the City Council.
G.
Modification of a Planned Development District. A planned development district may be modified by submitting a request for such modification to the department of planning services.
1.
Minor Modifications. Minor modifications to the approved preliminary development plan or final development plan may be approved by the director, or may be referred to the planning commission for approval at the discretion of the director. Minor modifications may include any of the following:
a.
Reduction in the number of units or overall building square footage by no more than 10%;
b.
Increase in the number of units by no more than 10%, provided the unit count remains in compliance with the general plan and there are only negligible increases to the building form and square footage;
c.
Minor adjustments to building footprints or building setbacks, provided conformance is maintained to perimeter setback requirements;
d.
Minor adjustments to the configuration of parking areas, provided conformance is maintained to parking requirements;
e.
Minor adjustments to landscape buffer areas or open space areas, provided lot coverage and open space requirements are maintained;
f.
Adjustments to the approved colors or materials specified for the development, provided such adjustments do not materially impact the visual appearance or aesthetic quality of the development;
g.
Minor modifications to the list of permitted uses for the planned development district, provided such modifications do not materially change the intent of the planned development district.
2.
Major Modifications. Any modification that does not qualify as a minor modification as defined in this Section shall require review in a public hearing by the Planning Commission and the City Council in accordance with the initial submittal requirements.
H.
Termination of Proceedings.
1.
Termination of Proceedings – Preliminary Development Plan. If, within two years after the date of approval by the City Council of the preliminary development plan, the final development plan, as indicated in Section 94.03.00(C), has not been approved by the Planning Commission, the procedures and actions which have taken place up to that time shall be null and void and the preliminary planned development district shall expire. Extensions of time may be allowed in accordance with the provisions of Section 94.12.00. The extension of any associated tentative map shall not be extended beyond the term approved for the preliminary development plan.
2.
Termination of Proceedings – Final Development Plan.
a.
If the owner or owners of property in the planned development district have not commenced construction within 12 months from the date of the approved final development plan as approved by the Planning Commission, the planned development district shall be subject to revocation/repeal by the Planning Commission, after holding a noticed public hearing. The Planning Commission may extend the 12 month period required for commencing construction in accordance with the application procedures and criteria listed in Section 94.12.00.
b.
Planned development districts which are approved in conjunction with an approved development agreement shall be subject to the termination requirements of the development agreement.
3.
Reversion to Previous Zoning. Any PDD which has been revoked/repealed as provided in subsection (H)(2)(a) shall revert to the original zoning designation and the planned development district designation shall be removed from the zoning map.
§ 94.04.00 Architectural review.
A.
Purpose and Intent. It is declared that the city of Palm Springs is a city with a unique environmental setting and is internationally known and respected for its collection of architecturally significant buildings and structures. The purpose of this Section is to protect the public health, safety and general welfare of the community by requiring all future development to respect these features and traditions, and to require that all buildings and structures placed on the land respect the natural land forms, architectural quality and character, and become a compatible part of the natural and built environment. This Section is intended to implement the goals and policies of the Community Design Element of the General Plan.
B.
Architectural Review Committee.
1.
Architectural Review Committee – Established. There is hereby established the Architectural Review Committee (ARC). The principal roles of the ARC are to (i) issue decisions on Major Architectural Review applications relative to the adopted criteria contained in this Section; (ii) advise the City Council, Planning Commission and/or Historic Site Preservation Board on matters of conformance to the adopted architectural review criteria; and (iii) advise the Director on matters of conformance to the adopted architectural review criteria.
2.
Membership and Qualifications. The ARC shall consist of seven members, who shall be appointed by the Planning Commission. The committee shall consist of a minimum of three California licensed architects, a minimum of one California licensed landscape architect, and other design and/or technical professionals necessary to complete the membership of the committee. The Planning Commission may appoint an experienced architectural designer as a substitute for one of the licensed architects should there be an inadequate number of architects to serve on the committee. The Planning Commission may appoint up to two alternates to serve on the committee.
3.
Organization and Meetings.
a.
Terms of Members. The term of each committee member shall be in accordance with the provisions of Chapter 2.06 ("Boards and Commissions – General Provisions") of the Palm Springs Municipal Code.
b.
Attendance and Vacancies. Board members are subject to the attendance requirements as outlined in Chapter 2.06 of the Palm Springs Municipal Code. The chair shall notify the Planning Commission of any vacancy.
c.
Quorum. A majority of the members of the ARC shall constitute a quorum for the purpose of conducting business. A majority vote of those present shall be necessary to approve any item of business.
d.
Appointment of Officers. The ARC shall select a chair and vice-chair from among its members as set forth in PSMC 2.06. The chair and vice chair shall serve for a term of one year and until a successor of each is selected and takes office. The secretary of the ARC shall be the Director or their appointee.
e.
Adoption of Rules. The ARC shall adopt rules of procedure for the transaction of its business. The rules of procedure shall address the time and occurrence of regular meetings, procedures for scheduling special meetings, procedures for transaction of business items, duties of officers, and any other procedures as may be necessary.
f.
Records. The ARC shall maintain a public record of its transactions, findings, and determinations.
C.
Applicability and Authority.
1.
Architectural Review Required. Architectural review shall be required as set forth in this subsection.
2.
Major Architectural Review. Major architectural review applications which are acted upon by the ARC shall include the following:
a.
New multifamily, commercial, and industrial buildings;
b.
Additions to multifamily, commercial, and industrial buildings which increase the existing floor area by more than 25%;
c.
New single-family residential units in designated hillside areas, in accordance with PSZC Section 93.13.00;
d.
New single-family residential units located on lots that are 10,000 square feet in area or greater on Major Thoroughfares;
e.
New single-family model residential units for tract development;
f.
New quasi-public buildings, such as religious facilities, hospitals, private schools, and similar buildings;
g.
Additions to quasi-public buildings which increase the existing floor area by more than 25%;
h.
New mobile home parks and recreational vehicle parks; and
i.
Additions or alterations to Class 1 and Class 2 historic resources which increase the existing floor area by more than 25%, excluding Class 1 and Class 2 single-family residential units.
3.
Minor Architectural Review. Minor architectural review applications which are acted upon by the director shall include the following:
a.
Additions to multifamily, commercial and industrial buildings which do not increase the existing floor area by more than 25%;
b.
Additions and remodels to hillside developments, as specified in PSZC Section 93.13.00(B)(2)(b);
c.
Additions to quasi-public buildings which do not increase the existing floor area by more than 25%;
d.
Entrance features and gates above the allowable height;
e.
Exterior lighting plans;
f.
Modifications to exterior colors of commercial, industrial, and quasi-public buildings;
g.
Revisions to approved landscaping plans for multifamily, commercial and industrial developments; and
h.
Tennis courts and sports courts in all zones.
4.
Exceptions. The following development types are exempt from the architectural review process:
5.
Authority. The director shall have the authority to:
a.
Determine whether an application will be subject to a major architectural review or a minor architectural review under this section;
b.
Determine whether an activity or improvement is exempt from architectural review under this section;
c.
Approve or deny an application which requires a minor architectural review;
d.
Forward a minor architectural review application to the ARC for consultation prior to rendering a decision; and
e.
Require a pre-application submittal for review and comment by the ARC for major architectural review applications based on the scale of development proposed or complexity of the proposed development type.
D.
Application and Procedures.
1.
Major Architectural Review.
a.
Pre-submittal Conference Required. A pre-submittal conference with a designated representative from the Department is required prior to formally submitting a Major Architectural Review application. The applicant shall provide a pre-submittal package in a form as determined by the Director, and shall include schematic site and floor plans, elevations, sections, landscape plans, and proposed material and color selections. The Director or designee shall review the pre-submittal package for general conformance to adopted development standards and to the criteria set forth in subsection (E) below, and shall provide comments and a submittal checklist to the applicant.
b.
Formal Application Submittal. After completing the pre-submittal conference, an applicant shall submit a formal Major Architectural Review application upon such forms as may be established by the Department, and shall be accompanied by such fees as may be established by the City Council. The application shall be signed and notarized by the property owner or their legal representative. The application submittal shall include the following:
1)
A site plan, as approved by the Planning Commission as part of the development permit process;
2)
A preliminary grading plan, including cross sections through the site and showing the elevations of abutting parcels;
3)
Floor plans;
4)
Building elevations and building sections;
5)
A roof plan;
6)
A landscape plan;
7)
Material and color selections;
8)
A lighting plan; and
9)
Depictions of the location and size of any proposed signage, where appropriate for the development type.
c.
Concurrent Submittals. In the event the applicant has submitted concurrent applications for a development permit, conditional use permit, change of zone, or similar land use discretionary permits for the project, the planning commission or city council, as applicable, shall take final action on the concurrent applications before the ARC shall consider the major architectural review application.
d.
ARC Meeting and Approval. A major architectural review application shall be reviewed at a public meeting of the ARC. The director shall prepare a report and recommendation for review by the ARC, providing an analysis as to whether or not the proposed application meets the criteria established in subsection E, below. The ARC shall consider the director's recommendation, along with any evidence or testimony offered at the public meeting, and shall evaluate the application and make findings with reference to the criteria set forth in subsection E, below. The ARC may approve the application as proposed, approve the application with modifications or conditions, or deny the application and shall make findings accordingly. The director shall provide the applicant with notice of the action taken, along with the findings made and any conditions or modifications imposed by the ARC.
e.
Appeal. The decision of the ARC shall be final unless appealed to the planning commission within 15 days following the date that the director issues notification to the applicant of the decision. The appeal shall be in writing and filed with the department. The city council may establish a fee to be paid in connection with the filing of an appeal under this section. The director shall schedule the appeal for consideration by the planning commission within 30 days following receipt of the appeal request and payment of the appeal fee. The decision of the planning commission shall be final unless further appeal is made to the city council in the manner provided by Chapter 2.05 of the Palm Springs Municipal Code.
2.
Minor Architectural Review.
a.
Application Submittal. An applicant shall submit a minor architectural review application upon such forms as may be established by the department, and shall be accompanied by such fees as may be established by the city council. The application shall be signed and notarized by the property owner or their legal representative. The application submittal shall include the following as may be deemed necessary by the director:
b.
Staff Action and Approval. A minor architectural review application may be reviewed administratively by the director. The director shall review the application for conformance to the criteria established in subsection D, below. The director may approve the application as proposed, approve the application with modifications or conditions, or deny the application. The director shall provide the applicant with notice of the action taken and any conditions or modifications imposed.
c.
Appeal. The decision of the director shall be final unless appealed to the ARC within 15 days following the date that the director issues notification to the applicant of the decision. The appeal shall be in writing and filed with the department. The city council may establish a fee to be paid in connection with the filing of an appeal under this section. The director shall schedule the appeal for consideration by the ARC within 30 days following receipt of the appeal request and payment of the appeal fee. The decision of the ARC shall be final unless further appeal is made to the city council in the manner provided by Chapter 2.05 of the Palm Springs Municipal Code.
E.
Effective Date. An architectural review approval shall become effective after an elapsed period of 15 days from the date of the decision of the approval authority.
F.
Criteria and Findings. In considering an architectural review application, the approval authority shall evaluate the application and make findings for conformance to the following criteria:
1.
The architectural treatment is consistent on all four sides of the proposed building(s), unless otherwise approved by the ARC;
2.
The design of accessory structures, such as carports, cabanas, and similar accessory structures, shall be consistent with the form, materials and colors of the principal building(s), unless otherwise approved by the ARC;
3.
The façade elements and fenestration are composed in a harmonious manner;
4.
The proposed materials are consistent with the context of the site, adjacent buildings, and the desert environment;
5.
The proposed color scheme is appropriate to the desert environment and consistent with the site context;
6.
Shading devices and sun control elements, excluding landscape materials, are provided to address environmental conditions and solar orientation;
8.
The proposed landscape plan is consistent with all applicable zoning requirements, including any streetscape requirements, landscape buffer requirements, and screening requirements;
9.
The shading for pedestrian facilities on the subject site or abutting public right(s)-of-way is adequate;
10.
The proposed lighting plan is consistent with the requirements of PSZC Section 93.21.00, and the proposed lighting will not materially impact adjacent properties;
11.
Appropriateness of signage locations and dimensions relative to the building façade(s), or appropriateness of the site location for any freestanding signage, as may be warranted for the development type;
12.
Screening is provided for mechanical equipment and service yards, so as to screen such facilities from view from public rights-of-way and abutting properties;
13.
The proposed application is consistent with any adopted design standards of an applicable specific plan, planned development district, or other applicable adopted design standards and regulations.
G.
Modification. After an Architectural Review application has been approved, any request to amend the approval shall be submitted to the Department. Upon receipt of the request, the Director shall determine if the amendment is to be processed under the major architectural review process or the minor architectural review process set forth in subsection (C), taking into account the factors and considerations set forth in those subsections.
H.
Extensions of Time and Termination.
1.
Time Limit for Development. The time limit for the commencement of construction under an architectural approval shall be two years from the effective date of the approval, provided that if the City has also issued concurrent land use permits and entitlements for the project, the time limit for the commencement of construction under an architectural approval shall be two years from the date the concurrent permits/entitlements were approved.
2.
Extensions of Time. Extensions of time may be granted pursuant to the requirements of PSZC Section 94.12.00.
§ 94.04.01 Development permit.
A.
Purpose and Intent. The purpose of the Development Permit process is to ensure:
1.
That the proposed development is consistent with the General Plan, the Zoning Code, and other adopted plans, regulations and policies of the City;
2.
That the proposed uses are consistent with the zone district where the project is located;
3.
That the location, height, massing, and placement of the proposed development is consistent with applicable standards and is consistent with its context;
4.
That the necessary infrastructure is in place to service the proposed development; and
5.
The environmental impacts of the proposed development have been evaluated and addressed.
B.
Applicability and Authority.
1.
Development Permit Required. A Development Permit shall be required as set forth in this subsection.
2.
Major Development Permit. A Major Development Permit acted upon by the Planning Commission shall be required for the following:
a.
New multifamily, commercial, and industrial buildings;
b.
Additions to multifamily, commercial, and industrial buildings which increase the existing floor area by more than 25%;
c.
New mobile home parks and recreational vehicle parks;
d.
New subdivisions containing five or more units;
e.
New quasi-public buildings, such as religious facilities, hospitals, private schools, and similar buildings;
f.
Additions to quasi-public buildings which increase the existing floor area by more than 25%.
3.
Minor Development Permit. A Minor Development Permit acted upon by the Director shall be required for the following:
a.
Additions to multifamily, commercial and industrial buildings which do not increase the existing floor area by more than 25%;
b.
Additions to quasi-public buildings which do not increase the existing floor area by more than 25%;
c.
Agricultural buildings in the E-I (Energy Industrial) and M-2 (Manufacturing) zones; and
d.
Cannabis facilities located within the Cannabis Overlay Zone.
4.
Exceptions. The following development types are exempt from the Development Permit review process:
5.
Authority. The Director shall have the authority to:
a.
Determine whether an application requires a Major Development Permit or a Minor Development Permit under this Section;
b.
Determine whether an activity or improvement is exempt from a Development Permit under this Section;
c.
Approve or deny an application which requires a Minor Development Permit review;
e.
Require a pre-application submittal for review and comment by the Planning Commission for Major Development Permit applications based on the scale of development proposed or complexity of the proposed development type.
C.
Application and Procedures.
1.
Major Development Permit Review.
a.
Pre-submittal Conference Required. A pre-submittal conference with a designated representative from the Department is required prior to submitting a Major Development Permit application. The applicant shall provide a pre-submittal package in a form as determined by the Director, and shall include schematic site and floor plans, elevations, sections, landscape plans, and proposed material and color selections. The Director or designated representative shall review the pre-submittal package for general conformance to adopted development standards and to the criteria set forth in subsection (D) below, and shall provide comments and a submittal checklist to the applicant.
b.
Formal Application Submittal. After completing the pre-submittal conference/review, an applicant shall submit a formal Major Development Permit application upon such forms as may be established by the Department, and shall be accompanied by such fees as may be established by the City Council. The application shall be signed and notarized by the property owner or their legal representative. The application submittal shall include the following:
1)
A site plan, as approved by the Planning Commission as part of the development permit process;
2)
A preliminary grading plan, including cross sections through the site and showing the elevations of abutting parcels;
3)
Floor plans;
4)
Conceptual building elevations and building sections;
5)
A roof plan;
6)
A conceptual landscape plan;
7)
Conceptual material and color selections;
8)
A lighting plan if applicable;
9)
Depictions of the location and size of any proposed signage, where appropriate for the development type; and
10)
Any other plans or exhibits that may be required by the Director based on the development type or site characteristics.
c.
Concurrent Submittals. In the event the applicant has submitted a Major Architectural Review application in conjunction with a Major Development Permit application and any other concurrent submittals for land use discretionary permits for the project, including a Conditional Use Permit, Change of Zone, etc., the Planning Commission or City Council shall take final action on the Major Development Permit application and the other concurrent submittals before the Architectural Review Committee shall consider the Major Architectural Review application.
d.
Planning Commission Meeting and Approval. A Major Development Permit application shall be reviewed at a public meeting of the Planning Commission. The Director shall prepare a report and recommendation for review by the Planning Commission, providing an analysis as to whether or not the proposed application meets the criteria established in subsection (D) below. The Planning Commission shall consider the Director's recommendation, along with any evidence or testimony offered at the public meeting, and shall evaluate the application and make findings with reference to the criteria set forth in subsection (D) below. The Planning Commission may approve the application as proposed, approve the application with modifications or conditions, or deny the application and shall make findings accordingly. Approval of the application shall constitute approval of the project. The Director shall provide the applicant with notice of the action taken, along with the findings made and any conditions or modifications imposed by the ARC.
2.
Minor Development Permit Review.
a.
Application Submittal. An applicant shall submit a Minor Development Permit application upon such forms as may be established by the Department, and shall be accompanied by such fees as may be established by the City Council. The application shall be signed and notarized by the property owner or their legal representative. The application submittal shall include the following as may be deemed necessary by the Director:
b.
Staff Action and Approval. A Minor Development Permit application may be reviewed administratively by the Director. The Director shall review the application for conformance to the criteria established in subsection (D) below. The Director may approve the application as proposed, approved the application with modifications or conditions, or deny the application. The Director shall provide the applicant with notice of the action taken and any conditions or modifications imposed.
c.
Appeal. The decision of the Director shall be final unless appealed to the Planning Commission within 15 days following the date that the Director issues notification to the applicant of the decision. The appeal shall be in writing and filed with the City Clerk. The City Council may establish a fee to be paid in connection with the filing of an appeal under this Section. The Director shall schedule the appeal for consideration by the Planning Commission within 30 days following receipt of the appeal request and payment of the appeal fee. The decision of the Planning Commission shall be final unless further appeal is made to the City Council in the manner provided by Chapter 2.05 of the Palm Springs Municipal Code.
D.
Criteria and Findings. In considering a Development Permit application, the approval authority shall evaluate the application and make findings for conformance to the following criteria:
1.
The proposed project is consistent with the General Plan and any applicable specific plan;
2.
The proposed uses are in conformance to the uses permitted in the zone district where the site is located, and are not detrimental to adjacent properties or residents;
3.
The proposed project is in conformance to the property development standards for the zone district where the site is located;
4.
The proposed height and massing of the project is consistent with applicable standards and compatible with adjacent development;
5.
The proposed setbacks and placement of the building are consistent with applicable standards and consistent with setbacks of adjacent buildings;
6.
The site for the proposed project has adequate access to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed uses, and the design for the site plan enhances or continues the city's existing grid in accordance with the Circulation Plan of the General Plan;
7.
On-site circulation conforms to minimum standards, and accommodations are made for safe on-site pedestrian circulation;
8.
Landscape areas and open space are in conformance to applicable standards, and the design of stormwater management features are appropriately integrated with other elements of the site design;
9.
Public infrastructure, such as water, sewer, and similar utilities, is adequate to serve the proposed project;
10.
Based on environmental review, the proposed project either has no potentially significant environmental impacts, any potentially significant impacts have been reduced to less than significant levels because of mitigation measures incorporated in the project, or a Statement of Overriding Considerations has been adopted to address unmitigated significant environmental impacts;
11.
The proposed project has no unacceptable adverse effects on public welfare, health or safety.
E.
Effective Date. A Development Permit approval shall become effective after an elapsed period of six months from the date of the decision of the approval authority or after the approval of the associated Major Architectural Review application, whichever occurs first.
F.
Modification. After a Development Permit application has been approved, any request to amend the approval shall be submitted to the Department.
1.
Minor modifications. Minor modifications to an approved Major or Minor Development Permit may be approved by the Director, or may be referred to the Planning Commission for approval at the discretion of the Director. Minor modifications may include any of the following:
a.
A reduction in the number of units or overall building square footage by no more than 10%;
b.
Minor adjustments to building footprints or building setbacks, provided conformance is maintained to perimeter setback requirements;
c.
Minor adjustments to the configuration of parking areas, provided conformance is maintained to parking requirements;
d.
Minor adjustments to landscape buffer areas or open space areas, provided lot coverage and minimum open space requirements are maintained.
2.
Major modifications. Any modification that does not qualify as a minor modification as defined in this Section shall require review by the Planning Commission in accordance with the initial submittal requirements.
G.
Extensions of Time and Termination.
(Ord. 2042 § 19, 2021; Ord. 2088, 11/9/2023)
§ 94.05.00 Nonconformance-Definitions.
means a structure or portion thereof lawfully existing at one time, but which does not conform to the zone in which it is located due to late adopted height, area or dimension regulations.
means a parcel of land having less area, frontage or dimensions than required in the zone in which it is located.
means a use lawful when established but which does not conform to subsequently established zoning or zoning regulations.
(Ord. 1294, 1988)
§ 94.05.01 Nonconforming lots, buildings and uses-General provisions.
A.
Property in the city of Palm Springs shall not be used for any purposes except those permitted in the land use district (zone) to which the property has been classified in accordance with the Zoning Code.
B.
This chapter is established to maintain the orderly development of the city of Palm Springs and to protect the general welfare of persons and property from nonconforming lots, buildings and uses. In conformance with good planning and zoning practices, it is the policy of the city to abate nonconformities as soon as economically feasible and equitable to do so except as noted below.
(Ord. 1294, 1988)
§ 94.05.02 Nonconforming lots.
A.
All uses permitted in the land use district (zone) shall be permitted on nonconforming lots in the district, subject to all other provisions of the zone district.
B.
Any building or structure on a lot that is nonconforming due only to the minimum lot area requirements of this Zoning Code, may be enlarged, extended, reconstructed, substituted or structurally altered; provided, the owner of such lot or parcel of land does not own, and for five years prior to application for permit, has not owned any contiguous property which, when added to the nonconforming lots would meet the minimum lot area requirements of this Zoning Code or would lessen the nonconformity.
C.
When two or more contiguous nonconforming parcels or units of land which have been created prior to the adoption of the ordinance which makes them nonconforming are held by the same owner, and at least one of such contiguous parcels is not developed with a structure for which a permit has been issued by the city, then such parcels shall be merged pursuant to provisions of the subdivision ordinance.
D.
A notice of merger shall be filed by the city and processed in accordance with the requirements of the subdivision ordinance.
(Ord. 1294, 1988)
§ 94.05.03 Nonconforming structures and buildings.
A.
Nonconforming buildings which do not conform to the building height, yards, setbacks, floor area ratio and minimum size of dwelling unit standards for the zone in which they are located shall be permitted to continue; provided that, any addition, alteration or enlargement thereto shall comply with all provisions of the zone.
B.
The alteration of buildings in established setback areas shall not be permitted without the prior approval of the planning commission.
C.
When any such nonconforming building is for any reason removed from the land, all future buildings or structures erected on such land shall conform to the provisions of the zone.
D.
Industrial and commercial type buildings located in a residential land use district (zone) shall be considered nonconforming.
E.
Nonconforming buildings and structures not otherwise provided for in this Zoning Code shall not be caused to be abated earlier than the period established in this section, measured from the date it became nonconforming and may be continued in accordance with Section 94.05.07(A).
F.
Building types of construction shall be as defined in the most recent edition of the Uniform Building Code as adopted for reference by the city and shall be subject to the following amortization schedule:
J.
When such nonconforming building or structure is removed from the land, at or before the end of the amortization period, every future building and use shall be in conformity with the provision of this Zoning Code.
K.
Where more than one type of construction has been utilized on a parcel of land and such buildings are used as a part of the business operation conducted on the property, the longest period of time permitted for amortization of any such building shall apply to all such buildings.
L.
A nonconforming building or structure shall not be moved in whole or in part to any other location on the same parcel unless such building or structure which is moved is made to conform to the regulations of the land use district (zone) in which it is located.
M.
Structures under construction undergoing work stoppage for longer than 180 days shall be considered unsafe and nonconforming and subject to abatement.
N.
Repairs and alterations may be made to a damaged nonconforming structure, or a damaged building or structure with a nonconforming use; provided that, no structural alteration shall be made if the expense of such restoration exceeds 50% of the replacement cost of the building or structure at the time such damage occurred.
O.
Any nonconforming building or structure partially destroyed, not exceeding 50% of the replacement cost of the building or structure, may be restored; provided, restoration is started within 90 days of the date of partial destruction and diligently prosecuted to completion.
P.
Whenever a nonconforming building or structure is damaged in excess of 50% of its replacement cost at the time of damage, the repair or reconstruction of such building or structure shall conform to all the regulations of the district in which it is located and it shall be treated as a new building or structure.
Q.
Disputes as to the interpretation of the provisions of this section shall be heard and resolved by the planning commission; subject to appeal to the city council.
(Ord. 1294, 1988)
§ 94.05.04 Nonconforming uses.
Notwithstanding the other provisions of this Zoning Code nonconforming uses, except nonconforming signs which are regulated by the sign ordinance, may be continued subject to the following conditions:
A.
Each nonconforming use shall be continuous and any interruption of such use for 180 days shall cause the use to lapse and such use shall not be reinstated or further continued unless specifically permitted by the planning commission after a hearing in accordance with Section 94.05.06.
B.
Any building, structure or facility used for such nonconforming use shall not be added to, expanded or structurally altered or enlarged in any manner, except as required by other provisions of this Zoning Code or; in order to bring the building and its use into conformity or; to restore to a safe condition any part of any building or structure declared unsafe by proper city authority.
C.
A nonconforming use occupying a conforming building or portion thereof shall not be enlarged or extended into any other portion of such building or land area by displacing a conforming use or into premises not actually so occupied.
D.
Nonconforming off-street parking and loading facilities are regulated by Section 93.06.00(B)(3).
E.
Nothing herein shall be construed to preclude normal maintenance and repairs except as provided within this chapter.
F.
Any nonconforming use which does not conform to these conditions shall be subject to abatement.
(Ord. 1294, 1988)
§ 94.05.041 Nonconforming use of unimproved land.
A.
A nonconforming use of unimproved land with only incidental accessory structures such as fences, may be continued for a period not to exceed one year after notification to the property owner of the nonconformity of such use by procedure established and stated in this chapter.
B.
Such nonconforming use of unimproved land shall not in any way be expanded or extended either on the same or adjoining property.
C.
If such nonconforming use of unimproved land is discontinued, changed or altered for a period of six months or more, the future use of the land shall conform with the provision of this Zoning Code.
(Ord. 1294, 1988)
§ 94.05.042 Termination of nonconforming use.
A.
Any use which is nonconforming as provided in this chapter, shall be removed or converted and the premises thereafter shall be devoted to uses consistent with the zoning of the property, within 10 years from the date such use became nonconforming unless extended as provided in Section 94.05.07, or unless a conditional use permit has been obtained as provided in Section 94.05.08.
B.
Any use which does not comply with this section shall be deemed a public nuisance and shall be abated accordingly unless an exception shall be granted by the planning commission or city council.
C.
Nothing contained in this Zoning Code shall be construed to require abatement of a lawful structure enclosing a nonconforming use which can be relocated as provided in this Zoning Code.
D.
Any portion of a nonconforming building, structure or use which is altered or changed to a conforming use shall not thereafter be used for a nonconforming use.
(Ord. 1294, 1988; Ord. 1634 § 1, 2003)
§ 94.05.05 Official notice.
A.
Upon determination that the provisions of this chapter apply to a given parcel of land, the Director, or their designee shall send a notice thereof by certified mail to the owner thereof as shown on the last equalized assessment roll and shall cause such notice to be published at least once in a newspaper of general circulation.
B.
The notice provided for in this section shall state that the property in question is a nonconforming use, shall state the date of abatement established in Section 94.05.03(E), shall state that a hearing will be held before the planning commission, and shall state the date of such hearing.
(Ord. 1294, 1988; Ord. 2031 § 81, 2020)
§ 94.05.06 Hearing.
A.
Within 60 days after the issuance of the notice prescribed in Section 94.05.05, the planning commission shall hold a hearing to determine whether the nonconforming use should be abated or whether a time extension should be granted as provided in Section 94.05.07.
B.
The planning commission shall receive written and oral testimony at such hearing in regard to abatement.
C.
At the close of the hearing, the planning commission shall find and determine whether the nonconforming use should be abated and all facts in support thereof, whether the owner of the property can amortize his investment in the term of abatement provided herein and if not, what term of abatement should be provided.
D.
The decision of the planning commission and the findings in support thereof shall be in the form of a written order and shall be served upon the property owner personally or by certified mail within 10 days after the decision is rendered.
(Ord. 1294, 1988)
§ 94.05.07 Extension of time.
A.
The planning commission may grant an extension of time for abatement of nonconforming uses or structures where it finds that an unreasonable hardship would otherwise be imposed on the property owner. The planning commission shall consider the following factors, among other, in determining whether to grant an extension of time and the length of the term:
1.
The nature of the use;
2.
The amount of the owner's investment in improvements;
3.
The convertibility of improvements to permitted uses;
4.
The character of the neighborhood;
5.
The detriment, if any, caused to the neighborhood by continuance of the nonconforming use or structures;
6.
The amount of time required to amortize the investment.
B.
The planning commission shall base its decision as to the length of the permitted amortization period on any competent evidence presented, including but not limited to, the depreciation schedule attached to the owner's latest federal income tax return if the owner wished to make the same available.
C.
Where the planning commission finds that a structure occupied by a nonconforming use, either in its present condition or as modified, can be used for a use permitted in the land use district (zone) in question, the nonconforming use may be granted an extension sufficient to permit it to relocate at a site wherein such use is permitted and which has substantially equivalent utility for the use. In no event shall such extension be more than two years.
D.
An extension of time may be granted to permit the relocation of a nonconforming building in the manner provided in this Zoning Code for nonconforming uses per Section 94.05.06.
(Ord. 1294, 1988)
§ 94.05.08 Special non-conforming multi-family structures permitted as conditional uses.
A.
Those multi-family structure and uses and a transient type use (hotel) which became non-conforming in 1973 or 1995 due to Ordinance No. 951 and 1513 respectively, maybe permitted to continue indefinitely when a conditional use permit is approved pursuant to the requirements of this section, and of Section 94.02.00 (CUPS) and the use shall thereafter be considered a permitted use so long as the use is in compliance with the conditional use. The conditional use may be approved if the following conditions are adequately met:
1.
The extension of the use shall assist the preservation of decent and habitable transient and permanent rental stock;
2.
The extension of the use will not adversely affect current and future city services;
3.
The extension of the use complies to the greatest extent possible with General Plan, and accomplishes important General Plan Policies;
4.
The use, as conditioned, reasonably complies with zoning and existing uniform building and fire codes.
5.
The project is developed, landscaped, and maintained in a manner to be harmonious with surrounding property and positively contributes to neighborhood values;
6.
The project has adequate traffic circulation and parking;
7.
The applicant's have implemented adequate methods to assure the future and continuity of management and property maintenance of the project;
8.
The applicant has implemented satisfactory measures to provide property security and tenant activity to minimize criminal activity as demonstrated by police activity reports;
9.
All conditions of Section 94.05.04 shall be met; and
10.
Any other factors deemed relevant and any other information which the commissioner or the applicant considers necessary or desirable to and appropriate an proper consideration of the application.
B.
The conditional use permit shall provide appropriate provisions for periodic review, or review by complaint, and can be revoked for failure to continuously meet the conditions of approval.
C.
The planning commission after holding a public hearing pursuant to Section 94.09.00 and based upon a review of the entire record, may approve a conditional use permit which imposes conditions pursuant to Section 94.02.00. The decision of the planning commission is final unless appealed to the city council in a manner provided by Chapter 2.05 of the Palm Springs Municipal Code.
(Ord. 1634 § 2, 2003)
§ 94.05.085 Special rule.
Reversion of current hotel/motel use back to apartment use if building was originally constructed and used as an apartment, subject to special density limits, by conditional use permit.
A.
Any structure which is lawfully being used as a hotel, motel or other form of transient lodging, but which was originally constructed as and used as an apartment, apartment hotel, or similar use, as determined by city building permits and other public records, may revert the current hotel, motel or transient lodging use back to an apartment use, provided a conditional use permit is obtained.
B.
Notwithstanding any other provision of this Code imposing a lower residential density limit, if a conditional use permit is obtained, the multi-family structure may operate the same number of apartment units as the number of apartment units originally approved for development on the site, subject to the findings and conditions set forth herein. Should the apartment use result in a deficiency of off-street parking spaces, relief from the minimum off-street parking requirement per PSZC Section 93.06.00 may be approved via a Specific Parking Plan as prescribed in PSZC Section 94.02.01(C)(2)(d). Additionally, Class 1 and Class 2 historic properties shall be exempt from the off-street parking requirement in accordance with PSZC Section 93.06.00(B)(3)(e).
C.
In addition to those findings required by Section 94.02.00, the conditional use permit may be approved if the following findings are met:
1.
The resulting apartment use will assist the preservation of decent and habitable permanent rental stock;
2.
The resulting apartment use will not adversely affect current and future city services;
3.
The resulting apartment use, as conditioned, ensures that life safety measures and emergency services are adequately addressed and provided (i.e., evacuation protocol, fire safety);
4.
The resulting apartment use is developed, landscaped, and maintained in a manner to be harmonious with surrounding property and conforms to the property maintenance standards of PSZC Section 93.19.00;
5.
The resulting apartment use, as conditioned and pursuant to other required approvals, does not create adverse impacts on traffic or circulation;
6.
The applicant has implemented adequate methods to assure the continuity of management and property maintenance of the resulting apartment use; and
7.
The applicant has implemented satisfactory measures to provide property security to minimize criminal activity as demonstrated by police activity reports.
D.
The conditional use permit shall provide appropriate provisions for periodic review, or review by complaint, and can be revoked for failure to continuously meet the conditions of approval.
E.
The planning commission, after holding a public hearing pursuant to Section 94.09.00 and based upon a review of the entire record, may approve a conditional use permit which imposes conditions pursuant to Section 94.02.00. The decision of the planning commission is final unless appealed to the city council in a manner provided by Chapter 2.05 of the Palm Springs Municipal Code.
(Ord. 2074, 1/12/2023)
§ 94.05.09 Public nuisance.
Any nonconforming use continuing beyond the date for abatement set by the planning commission or city council shall be considered a public nuisance and subject to immediate abatement unless a time extension has been granted pursuant to Sections 94.05.07 and 94.05.08.
(Ord. 1634 § 3, 2003)
§ 94.05.10 Continuation of nonconforming uses and buildings.
The nonconforming uses and buildings which exist pursuant to special permission under this Zoning Code or any previous ordinance, shall be permitted to continue under the conditions and regulations imposed in such permit, administrative approval or variance.
(Ord. 1294, 1988; Ord. 1634 § 4, 2003)
§ 94.06.00 Variances.
Where practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this Zoning Code would occur from its strict literal interpretation and enforcement, a variance may be granted authorizing, upon such terms and conditions as are deemed necessary, such variances therefrom as may be in harmony with the general purpose and intent of the Zoning Code, so that its spirit shall be observed, public safety and welfare secured, and substantial justice done. A variance may not be granted to permit a use not permitted in the zone by this Zoning Code.
B.
Conditions Necessary to Granting a Variance. The commission, before it may grant a variance, shall make a finding that in the evidence presented, all four of the following conditions as set forth in state law exist in reference to the property being considered.
1.
Because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Code would deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification.
2.
Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situated.
3.
The granting of the variance will not be materially detrimental to the public health, safety, convenience or welfare or injurious to property and improvements in the same vicinity and zone in which subject property is situated.
4.
The granting of such variance will not adversely affect the general plan of the city.
C.
The Planning Commission shall provide for a public hearing to be held in the manner provided for in Section 94.09.00.
E.
Revocation or Voiding of Variance/Time Limits.
1.
Unless otherwise stated by the planning commission or city council, the time limit for commencement of construction under a variance approval shall be two years from the effective date of approval.
a.
Extensions of time may be granted pursuant to the requirements of Section 94.12.00.
2.
The commission may, after notice and public hearing, revoke any variance granted by the commission for noncompliance with any of the conditions set forth in granting such variance. The council may revoke any variance for the same cause.
3.
The Planning Commission shall provide for a public hearing to be held in the manner provided for in Section 94.09.00.
4.
Within 10 days after the public hearing, the council, commission or administrator shall by resolution revoke or modify the variance. After revocation, the subject property shall be subject to all regulations of the zone in which it is located.
5.
Discontinuation of a variance granted herein for a period of one calendar year shall terminate the rights granted. No notice need be given nor hearing held.
F.
Reapplication.
The same applicant may not reapply for a similar variance on the same land, building or structure within a period of six months from the date of the final decision on such previous application unless such decision is a denial without prejudice.
G.
Existing Variances.
Any variance granted pursuant to any zoning ordinance enacted prior to the effective date of this Zoning Code shall be construed to be a variance under this Zoning Code subject to all conditions imposed in such variance unless otherwise provided herein. Such variance may, however, be revoked or voided as provided in Section 94.06.00(E).
(Ord. 1294, 1988; Ord. 1829 § 3, 2013; Ord. 1925 § 9, 2017; Ord. 2031 § 82, 2020)
§ 94.06.01 Minor modifications.
A.
When in the public interest, the City may consider and render decisions on slight modifications in the provisions of this Zoning Code, limited to the following:
1.
Allowance of one additional dwelling unit on a lot in a multiple residential zone; provided, the lot area for such unit is 50% or more of the lot area per dwelling unit required in the zone. All other dwelling units on the lot shall have the full lot area per dwelling unit required in the zone;
2.
Street Dedication. When additional dedication for street widening is required by this Zoning Code for lots of record subdivisions, the front or side-front setback requirement shall be reduced the same distance as that required for street dedication; provided however, in no case shall the allowed setback be less than 15 feet;
3.
Number of Units. When additional dedication for street widening is required by this Zoning Code for lots of recorded subdivisions, the number of units allowed shall be calculated on the basis of the net area of the site before street dedication;
4.
Reduction of lot area, lot dimensions, by not more than 10% of the required in the zone;
5.
Reduction of yards (including the placement of antennas in required yards) and distance between buildings, or increase in lot coverage, by not more than 20% of the requirement of the zone. Single-family dwellings on major and secondary thoroughfares may be allowed reductions of front and side yards up to the amounts allowed for single-family dwellings located on local/collector streets in the same zone;
6.
Reduction of number of required parking spaces by not more than 10% as shown in Section 93.06.00(C);
7.
Modification of wall, fence or landscaping not to exceed 20%, where topography or noise impacts require such modification;
8.
Mechanical Equipment in Residential Areas. When a site plan limits the ability to locate mechanical equipment as set forth in Section 93.01.00, a minor modification may be approved allowing further encroachment into the setback; providing, it is determined that such location will not have a detrimental effect on adjacent properties;
9.
Nonconforming Structures. Existing legal nonconforming two story structures located in an R-1 zone may be expanded by up to 50% of the second story floor area, subject to other applicable ordinances and Development Permit approval by the Planning Commission;
10.
Slope and Hillside Areas. For areas with a grade of 10% or more, modification of building height to a maximum of 30 feet and modification of front yard to a minimum of 10 feet, upon approval of a site plan, elevations and a grading map showing existing and finished contours. Approval shall be based on the finding that such minor modification will not have detrimental effect upon adjacent properties;
11.
Cannabis Facilities—Separation Distance. The minimum separation distance required between Cannabis Facilities, or the minimum separation distance between a Cannabis Facility and any protected use (defined as a school, public playground, public park, day care/child care center, or youth center), may be waived the City Council on a case-by-case basis upon making findings established by this Section.
B.
The following procedure shall apply to minor modifications.
1.
Approval Authority.
a.
The modifications described in subsections (A)(2) through (A)(3) shall be considered as automatic modifications when street right-of-way is dedicated to the City.
b.
The modifications described in subsections (A)(1) and (A)(4) through (A)(9) may be approved by the Director.
c.
The modification described in subsection (A)(10) may be approved by the Architectural Review Committee as part of an Architectural Review application approval, as described in Section 93.13.00(B).
d.
The modification described in subsection (A)(11) may be approved by the City Council, as set forth in paragraph (6) below.
2.
When the application for a minor modification is filed, a fee shall be paid in such amount as has been prescribed by resolution of the city council, for the purpose of defraying the costs incidental to the proceedings.
3.
Before approving a minor modification pursuant to the provisions of this section, the approval authority shall make all of the following findings, based on evidence presented:
a.
The requested minor modification is consistent with the general plan, applicable specific plan(s) and overall objectives of the zoning ordinance;
b.
The neighboring properties will not be adversely affected as a result of the approval or conditional approval of the minor modification;
c.
The approval or conditional approval of the minor modification will not be detrimental to the health, safety, or general welfare of persons residing or working on the site or in the vicinity; and
d.
The approval of the minor modification is justified by environmental features, site conditions, location of existing improvements, or historic development patterns of the property or neighborhood.
If the director is the approval authority, the director shall make the decision in writing within five days after the filing of a complete application. One copy shall be mailed to the applicant and one copy shall be filed with the director. The director may also refer the entire matter to the planning commission for review and action. The Commission shall receive the matter at its next regularly scheduled meeting and act within 30 days. |
4.
If the applicant is dissatisfied with the decision of the director, he or she may reapply to the planning commission, pursuant to the procedure set forth in Section 94.06.00.
5.
Modifications approved by the planning commission in the course of approving a conditional use permit or a planned development district shall not be subject to this section.
6.
Additional Considerations—Separation Waivers for Cannabis Facilities. In addition to the findings listed in subsection (B)(3) above, the City Council may consider additional factors when evaluating waivers from separation requirements for Cannabis Facilities, as may be determined from time to time via resolution.
(Ord. 2007 § 34, 2019; Ord. 2020 §§ 51, 52, 2020; Ord. 2042 §§ 21, 22, 2021)
§ 94.07.00 Zoning map amendment (change of zone).
An amendment to the zoning map changing any property from one zone to another shall be made according to the provisions of this section. An amendment to the zoning map constitutes a precise plan under the State Planning Law.
A.
Criteria for Granting a Change of Zone.
The commission in recommending and the council in reviewing a proposed change of zone, shall consider whether the following conditions exist in reference to the proposed zoning of the subject property:
1.
The proposed change of zone is in conformity with the general plan map and report. Any amendment of the general plan necessitated by the proposed change of zone should be made according to the procedure set forth in the State Planning Law either prior to the zone change, or notice may be given and hearings held on such general plan amendment concurrently with notice and hearings on the proposed change of zone.
2.
The subject property is suitable for the uses permitted in the proposed zone, in terms of access, size of parcel, relationship to similar or related uses, and other considerations deemed relevant by the commission and council.
3.
The proposed change of zone is necessary and proper at this time, and is not likely to be detrimental to the adjacent property or residents.
B.
Procedure.
1.
Initiation.
a.
The planning commission may initiate proceedings by motion then hold public hearings.
b.
The city council may initiate proceedings by motion and then submit the matter to the commission for public hearings.
c.
By Application.
i.
All applications for amendment or change of zone shall be signed by the owner of the property in question or the owner's authorized representative. Where the authorized representative is the signatory, his or her authorization to represent the owner shall be in written form signed by the owner. The application shall be on forms provided by the Department and shall be full and complete and shall include such data and information as may be prescribed by the planning commission to assist in determining the validity of the request and the manner in which it meets the considerations set forth in Section 94.07.00. An incomplete application shall not be accepted for filing.
ii.
When a complete application is accepted by the Department, the Director or their designee, shall check the property owners list and map against their records and shall verify in writing the accuracy and completeness of the list as so checked.
2.
Filing Fee.
When a petition for a change of zone is filed, a fee shall be paid in such amount as has been prescribed by resolution of the city council, for the purpose of defraying the costs incidental to the proceedings.
3.
Staff Investigation.
The planning department shall investigate the facts bearing on the proposed zone change to provide information necessary to assure action consistent with the intent of this Zoning Code and the general plan and shall report the findings to the commission.
4.
The Planning Commission shall provide for a public hearing to be held in the manner provided for in Section 94.09.00.
5.
Commission Public Hearing, Recommendation and Notice Thereof.
a.
The commission shall, not less than 10 days nor more than 30 days after the publication of the legal notice of a public hearing on a zone change, hold the hearing.
b.
The commission shall announce and record its decision within 30 days after the conclusion of the public hearing. The decision shall recommend either approval or disapproval of the proposed zone. The commission may reduce, but shall not enlarge, the area of the proposed zone change in any way, unless the proper notice and publication of the enlarged area is made.
c.
The decision shall be filed with the council within 10 days after its announcement and a copy thereof shall be mailed to the petitioner at the address shown on the petition.
d.
Where a request for a zone change appears valid for the specific uses proposed by an applicant and for only those uses, the planning commission may recommend and the council may approve a planned development district in lieu of a change of zone, subject to the filing of an application pursuant to Section 94.03.00, subject to compliance by the applicant with all of the commitments made in the presentation of his request and such other conditions as the commission and council may deem appropriate to assure the type of development proposed and the protection of the health, safety and general welfare in the neighborhood within which the development is proposed. A planned development district in lieu of a zone change, shall be approved and adopted by ordinance of the city council.
6.
Council Action on Commission Recommendations.
a.
If the planning commission has recommended against a proposed amendment, the city council shall take no further action based thereon unless an appeal is filed with the city clerk in accordance with the provisions of Section 94.07.00. When the recommendation is in favor of a proposed amendment, the date of the council public hearing shall be set by the city clerk for not more than 30 days after the filing of the commission's recommendation to the council.
b.
The council shall, not less than 10 days nor more than 30 days after publication of legal notice of public hearing on a zone change, hold the public hearing. The notice of mailing and publication of public hearing shall be the same as that for the planning commission, as prescribed in Section 94.09.00.
7.
Council Decision and Referral.
a.
After holding at least one public hearing, the council may approve or disapprove the proposed zone change. The council may modify or overrule the recommendation of the commission; provided, the proposed modification has been referred back to the commission for a report pursuant to the subsection (B)(7)(b) of this section.
b.
The commission shall review the changes proposed and referred to it by the council and shall report its recommendations back to the council; such report to be filed with the council not more than 40 days after the referral by the council.
(Ord. 1294, 1988; Ord. 1553, 1998; Ord. 1829 § 3, 2013; Ord. 2031 § 83, 2020)
§ 94.07.01 Zoning ordinance text amendment.
Any amendment to the text of this Zoning Code which imposes any regulation not theretofore imposed or removes or modifies any such regulation theretofore imposed shall be made according to the following procedure:
A.
Procedure.
1.
Initiation.
a.
The planning commission may initiate proceedings by motion and then hold public hearings and make a recommendation as provided below.
b.
The city council may initiate proceedings by motion and then submit the matter to the commission for public hearings.
c.
The Director may initiate proceedings by written action, submitted to the Planning Commission for public hearing pursuant to the provisions of this Subsection.
2.
Staff Investigation.
The planning department shall study the proposed Zoning Code amendment and shall provide information necessary to assure action consistent with the intent of this Zoning Code and the general plan and shall report the findings to the commission.
3.
Notice of Commission Public Hearing.
a.
(Deleted by Ord. 1553).
b.
Notice of the required public hearings shall contain the time and place of the hearing and the general purpose of proposed amendment.
c.
Publication.
Notice shall be published in a newspaper of general circulation in the city not less than 10 days before the date set for the hearing.
4.
Commission Public Hearing, Recommendation and Notice Thereof.
a.
The commission shall, not less than 10 days nor more than 30 days after the publication of the legal notice of a public hearing on an ordinance amendment, hold the public hearing.
b.
Within 30 days after the conclusion of the public hearing, the commission shall file its recommendation with the council, together with a report of findings, hearings and other supporting data.
5.
Council Public Hearing Date and Notice.
a.
The hearing date shall be set by the city clerk for not more than 30 days after the filing of the commission's recommendation.
b.
The council may adopt by ordinance the amendment recommended by the commission after holding at least one public hearing thereon. The council may modify the amendment recommended by the commission; provided, the proposed modification has been referred back to the planning commission for a report, pursuant to the subsection (A)(5)(c) of this section.
c.
The commission shall review the changes proposed and referred to it by the council and shall report its recommendation back to the city council, the report to be filed with the council not more than 40 days after the referral by the council.
(Ord. 1294, 1988; Ord. 1553, 1998; Ord. 1841 § 11, 2014; Ord. 2031 § 84, 2020)
§ 94.08.00 Development agreements.
A.
Development Agreements.
2.
Forms and Information.
a.
The Director or their authorized representative (director) shall prescribe the form of each application, notice and documents provided for or required under these regulations for the preparation and implementation of development agreements.
b.
The director may require an applicant to submit such information and supporting data as the director considers necessary to process the application.
3.
Fees.
The city council shall by separate resolution fix the schedule of fees and charges imposed for the filing and processing of each application and document provided for or required under these regulations.
4.
Applicant and Other Parties.
a.
Applicant.
Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has legal or equitable interest in the real property which is the subject of the development agreement. Applicant includes an authorized agent. The director may require an applicant to submit proof of his interest in the real property of the authority of an agent to act for the applicant.
b.
Other Parties.
In addition to the city of Palm Springs and the property owners, any federal, state or local governmental agency or body and any other private party may be included as a party to any development agreement.
5.
Proposed Terms of Agreement.
Each application shall identify all the proposed parties and shall include the general terms and conditions proposed by the applicant to be contained in the development agreement.
6.
Review of Application.
The director shall endorse on the application the date it is received. He shall review the application and may reject it if it is incomplete or inaccurate for processing. If he finds that the application is complete, he shall accept it for filing.
7.
Contents of Development Agreement.
A development agreement shall specify the duration of the agreement, the proposed uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The development agreement may include conditions, terms, restrictions and requirements for subsequent discretionary actions; provided that, such conditions, terms, restrictions and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement. The agreement may provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time.
8.
Public Hearing.
A public hearing on an application for a development agreement shall be held by the planning commission and by the city council.
9.
Notice.
The director shall give notice of intention to consider adoption of development agreement and of any other public hearing required by law or these rules.
a.
Form of Notice.
The form of the notice of intention to consider adoption of development agreement shall contain:
b.
Time and Manner of Notice.
i.
Publication or Posting.
The notice shall be published at least once in a newspaper of general circulation, published and circulated in the city of Palm Springs, or if there is none, posting in at least three public places in the city of Palm Springs.
ii.
The notice shall be mailed to all persons shown on the last equalized assessment roll as owning real property within 400 feet of the property which is the subject of the proposed development agreement. If the number of owners to whom notice is to be mailed is greater than 1,000, the director may as an alternative provide notice in the manner set forth in Section 65854.5(b) of the Government Code.
c.
Declaration of Existing Law.
The notice requirements referred to in subsections (A)(9)(a) and (A)(9)(b) of this section, are declaratory of existing law (Government Code Section 65867 and Sections 65854, 65854.5 and 65856 as incorporated by reference). If state law prescribes a different notice requirement, notice shall be given in that manner.
d.
Failure to Receive Notice.
The failure of any person entitled to notice required by law or these regulations to receive notice does not affect the authority of the city of Palm Springs to enter into a development agreement.
10.
Rules Governing Conduct of Hearing.
The public hearing shall be conducted in accordance with the procedure for the conduct of zoning hearings as set forth in Section 94.09.00. Each person interested in the matter shall be given an opportunity to be heard. The applicant has the burden of proof at the public hearing on the proposed development agreement. The public hearing may be held concurrently with the public hearing for consideration of any other approval.
11.
Irregularity in Proceedings.
No action, inaction or recommendation regarding the proposed development agreement shall be held void or invalid or be set aside by any court by reason of any error, irregularity, informality, neglect or omission ("error") as to any matter pertaining to petition, application, notice, finding, record, hearing, report, recommendation, or any matters of procedure whatever, unless after an examination of the entire case, including the evidence, the court is of the opinion that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is no presumption that error is prejudicial or that injury resulted if error is shown.
12.
Determination by Planning Commission.
a.
Purpose and Use.
The planning commission may approve use of a development agreement as a method of implementing any discretionary approval of the planning commission including:
i.
Rezoning;
ii.
Issuance of a conditional use permit;
iii.
Conditions imposed upon approval of a permit after discretionary review;
iv.
Conditions imposed in connection with the adoption of any specific plan;
v.
Conditions imposed in any planned development district; and/or
vi.
Site-specific conditions imposed in any other district; and/or
vii.
Mitigation measures imposed upon a project after approval of an environmental impact report in which such mitigation measures have been proposed as a mechanism for eliminating or reducing environmental impacts.
b.
Recommendations to City Council.
After the hearing by the planning commission, the planning commission shall make its recommendation in writing to the city council. The recommendation shall include the planning commission's determination whether or not the development agreement proposed:
i.
Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;
ii.
Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located;
iii.
Is in conformity with public convenience, general welfare and good land use practice;
iv.
Will be detrimental to the health, safety and general welfare;
v.
Will adversely affect the orderly development of property or the preservation of property values.
13.
Decision by City Council.
a.
Action by City Council.
After the city council completes its public hearing, it may approve or disapprove the recommendation of the planning commission. The city council shall refer matters not previously considered by the planning commission during its hearing and any proposed modifications to the development agreement back to the planning commission for report and recommendation. The planning commission may, but need not, hold a public hearing on matters referred back to it by the city council.
b.
Consideration With General and Specific Plans.
The city council may not approve the development agreement unless it finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan.
c.
Approval of Development Agreement.
If the city council approves the development agreement, it shall do so by the adoption of an ordinance. After the ordinance approving the development agreement takes effect, the city council may enter into the agreement.
14.
Amendment and Cancellation of Agreement by Mutual Consent.
The procedure for proposing and adoption of an amendment to or cancellation in whole or in part of the development agreement is the same as the procedure for entering into an agreement in the first instance.
15.
Recordation of Development Agreement, Amendment or Cancellation.
a.
Within 10 days after the city council enters into the development agreement, the city clerk shall have the agreement recorded with the county recorder.
b.
If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Government Code Section 65868, or if the city council terminates or modifies the agreement as provided in Government Code Section 65865.1 for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the city clerk shall have notice of such action recorded with the county recorder.
16.
Periodic Review.
a.
Time for and Initiation of Review.
The director shall review compliance by the property owner under the development agreement every 12 months from the date the agreement is entered into.
b.
Public Hearing.
If the director finds substantial evidence that the property owner under the development agreement has not complied in good faith with the terms and conditions of the development agreement, the director shall request that the planning commission conduct a public hearing at which the property owner must demonstrate good faith compliance with the terms of the development agreement. The burden of proof of compliance by the property owner is upon the property owner.
c.
Findings Upon Public Hearing.
The planning commission shall determine upon the basis of substantial evidence whether or not the property owner has, for the period under review, complied in good faith with the terms and conditions of the development agreement.
17.
Procedure Upon Findings.
a.
Finding of Compliance.
If the director after his review or the planning commission after a hearing determines that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded.
b.
Finding of Failure of Compliance.
If the director after his review and the planning commission after hearing determines on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the planning commission may modify or terminate the agreement. The property owner may appeal such determination to the city council pursuant to Chapter 2.05 of the Palm Springs Municipal Code.
18.
Proceedings Upon Modification or Termination for Noncompliance.
If, upon a finding under subsection (A)(16)(b) of this section, the planning commission determines to proceed with modification or termination of the agreement, the director shall give notice to the property owner of its intention so to do. The notice shall contain:
19.
Hearing on Modification or Termination for Noncompliance.
At the time and place set for the hearing on modification or termination, the property owner shall be given the opportunity to be heard. The planning commission may impose those conditions to the action it takes as it considers necessary to protect the interests of the city. The decision of the planning commission may be appealed to the city council pursuant to Chapter 2.05 of the Palm Springs Municipal Code.
(Ord. 1294, 1988; Ord. 1829 § 3, 2013; Ord. 2031 § 85, 2020)
§ 94.08.05 Shadowrock development agreement.
A.
Shadowrock Development Agreement.
1.
Purpose.
The purpose of this section is to establish a development agreement to guide the orderly development and improvement of that portion of the city which is located approximately 1.5 miles west of Highway 111 on Tramway Road in Sections 5, 6 and 8 of Township 4 south, Range 4 east of the USGS 7.5' Palm Springs as legally described on Exhibit "A" attached to the ordinance codified in this section and incorporated herein by reference. Portions of said property are designated as part of the urban reserve zone and part is designated as part of the open land zone. Hereafter the property shall be designated "Development Agreement No. 1" or "DA1" which shall be an overlay designation incorporating the restrictions of the "Shadowrock Development Agreement." The preparation and adoption of the development agreement is authorized by California Government Code Sections 65864 through 65869.5. The Shadowrock Development Agreement provides for ultimate development of a destination resort project consistent with the general plan objectives, policies and programs which project is composed of: (a) an 18 hole championship golf course, clubhouse and driving range; (b) 135 single-family and luxury estate homes; (c) 10 luxury bungalows; (d) 200 luxury condominiums; and (e) a 60 unit hotel building and spa/fitness/tennis facility. The Shadowrock Development Agreement also approved two alternative development scenarios as to the hotel and tennis facility phase: (i) alternative 1 being a 490 unit hotel, and (ii) alternative 2 being 211 single-family and luxury estate homes.
2.
Adoption of Shadowrock Development Agreement.
There is adopted the Shadowrock Development Agreement, the text of which is set forth in the document entitled "Development Agreement—the City of Palm Springs and Shadowrock Development" included with the ordinance codified in this section. The provisions of this section shall apply to all property described on Exhibit "A" as depicted on Exhibit "A"-1 attached to the ordinance codified in this section and incorporated herein by reference.
3.
Property Development and Other Standards.
All property subject to the Shadowrock Development Agreement shall be maintained in accordance with all policies, requirements, regulations and provisions set forth in the Shadowrock Development Agreement. The developer's performance of its obligations under the Shadowrock Development Agreement shall be subject to annual review as provided therein.
(Ord. 1462, 1994)
§ 94.08.06 Canyon development agreement.
A.
Canyon Development Agreement.
1.
Purpose.
The purpose of this section is to establish a development agreement to guide the orderly development and improvement of that portion of the city which is generally located on South Palm Canyon Drive between Murray Canyon Drive and the southerly boundary of the city of Palm Springs as legally described in the development agreement. Portions of the property are designated as part of the L2, PR, M15 and H30 land use designations in the general plan, as applicable. Hereafter the property shall also be designated "Development Agreement No. 2" or "DA2" which shall be an overlay designation incorporating the restrictions of the "Canyon Development Agreement." The preparation and adoption of a development agreement is authorized by California Government Code Sections 65864 through 65869.5. The Canyon Development Agreement replaces within such property the usual development standards otherwise applicable to the property. The Canyon Development Agreement provides for ultimate development of a destination resort project consistent with the general plan objectives, policies and programs of the city which project is to be located on that certain property described in the development agreement.
2.
Adoption of Canyon Development Agreement.
There is adopted the Canyon Development Agreement, the text of which is set forth in the document entitled "Development Agreement - the City of Palm Springs and Canyon Development" included with the ordinance which codified this section, which agreement is incorporated in this section by reference. The provisions of this section shall apply to all property described on Exhibit "A" as depicted on Exhibit "A"-1 attached to the development agreement and incorporated herein by reference.
3.
Property Development and Other Standards.
All property which is subject to the Canyon Development Agreement shall be maintained in accordance with all policies, requirements, regulations and provisions set forth in the Canyon Development Agreement. The developer's performance of its obligations under the Canyon Development Agreement shall be subject to annual review as provided therein.
(Ord. 1466, 1994)
§ 94.08.07 Noble development agreement.
A.
Noble Development Agreement.
1.
Purpose.
The purpose of this section is to establish development agreement to guide the orderly development and improvement of that portion of the city as legally described on Exhibit "A" attached to the ordinance codified in this section and incorporated herein by reference. Portions of said property are designated as part of the energy industrial (E-I), manufacturing (M-2), open land (0-5) and watercourse (W) zones. Hereafter the property shall also be designated "Development Agreement No. "3" or "DA3" which shall be an overlay designation incorporating the restrictions of the "Noble Development Agreement." The preparation and adoption of a development agreement is authorized by California Government Code Sections 65865 through 65869.5. The Noble Development Agreement provides for the continuity of existing development standards for a period of 15 years. The Noble Development Agreement provides for ultimate development provides for ultimate development.
2.
Adoption of Noble Development Agreement.
There is adopted the Noble Development Agreement, the text of which is set forth in the document entitled "Development Agreement between the City of Palm Springs and Palm Energies Properties, a California General Partnership; Riverview Ventures, Inc., a California corporation; Frederick W. Noble as Trustee for the Noble Family Trust; Frederick W. Noble, an individual; San Gorgonio Wind Association IV, a California Limited Partnership; Frederick W. Noble, Inc., a California corporation; San Gorgonio Wind Association V, a California Limited Partnership; and N&S, a California Joint Venture" included with the ordinance which codified this section, which agreement is incorporated in this section by reference. The provisions of this section shall apply to all property described on Exhibit "A" as depicted on Exhibit "A"-1 attached to the development agreement and incorporated herein by reference.
3.
Property Development and Other Standards.
All property which is subject to the Noble Development Agreement shall be maintained in accordance with all policies, requirements, regulations and provisions set forth in the Noble Development Agreement. The developer's performance of its obligations under the Noble Development Agreement shall be subject to annual review as provided therein.
(Ord. 1471, 1994)
§ 94.08.08 Star Canyon development agreement.
A.
Star Canyon Development Agreement.
1.
Purpose.
The purpose of this section is to establish a development agreement to guide the orderly development and improvement of that portion of the city which is located on the west side of South Palm Canyon Drive between the Tahquitz Creek Channel and Mesquite Avenue in Sections 22 and 23 of Township 4, Range 4, Palm Springs as legally described on Exhibit "A" of the development agreement, attached to the ordinance codified in this section and incorporated herein by reference. Portions of said property are designated as part of the RC and H43/21 land use designations in the general plan, as applicable. Hereafter, the property shall also be designated "Development Agreement No. 4" or "DA4" which shall be an overlay designation incorporating the restrictions of the "Star Canyon Development Agreement". The preparation and adoption of a development agreement is authorized by California Government Code Sections 65864 through 65869.5. The Star Canyon Development Agreement facilitates the collection of a Financial Impact Mitigation Fee, as described in Exhibit "B" of the development agreement, from the project in order to offset a portion of transient occupancy tax lost due to the conversion of the project to a time share development. The Star Canyon Development Agreement provides for ultimate development of a 255-unit timeshare project consistent with the general plan objectives, policies, and programs of the city which project is to be located on that certain property described in the development agreement.
2.
Adoption of Star Canyon Development Agreement. There is adopted the Star Canyon Development Agreement, the text of which is set forth in the document entitled "Development Agreement - the City of Palm Springs and Fairfield Resorts Inc." included with the ordinance which codified this section, which agreement is incorporated in this section by reference. The provisions of this section shall apply to all property described on Exhibit "A" attached to the development agreement and incorporated herein by reference.
3.
Property Development and Other Standards. All property which is subject to the Star Canyon Development Agreement shall be maintained in accordance with all policies, requirements, regulations, and provisions set forth in the Star Canyon Development Agreement. The developer's performance of its obligations under the Star Canyon Development Agreement shall be subject to annual review as provided therein.
(Ord. 1643, 2004)
§ 94.08.09 Serena Park Project development agreement.
A.
Serena Park Project Development Agreement.
1.
Purpose. The purpose of this section is to establish a development agreement to guide the orderly development and improvement of that portion of the city previously developed as the Palm Springs Country Club golf course, which is located north of Verona Road, east of Sunrise Way, and southwest of the Whitewater River Wash, in Section 36, Township 3 South, Range 4 East, and in Section 1, Township 4 South, Range 4 East, San Bernardino Base and Meridian, in the City of Palm Springs as legally described on Exhibit "A" of the Development Agreement, attached to the Ordinance codified in this section and incorporated herein by reference. The property is designated Very Low Density Residential (VLDR) land use designation in the general plan, as applicable. Hereafter, the property shall also be designated "Development Agreement No. 5" or "DA5" which shall be an overlay designation incorporating the restrictions of the "Serena Park Project Development Agreement". The Serena Park Project Development Agreement replaces within said property the usual development standards otherwise applicable to the property. The Serena Park Project Development Agreement provides for ultimate development of a residential project consisting of 92 attached single-family units on minimum 5,000 square foot lots, 214 detached single-family units on minimum 5,000 square foot lots, and 60 detached single family units on minimum 8,000 square foot lots, and is consistent with the general plan objectives, policies, and programs of the City.
2.
Adoption of Serena Park Project Development Agreement. There is adopted the Serena Park Project Development Agreement, the text of which is set forth in the document entitled "Development Agreement by and between City of Palm Springs and PS Country Club, LLC, a California limited liability company, for Serena Park Project, Case No. 5.1327, PDD-366, TTM36691," included with the ordinance which codified this section, which agreement is incorporated in this section by reference. The provisions of this section shall apply to all property described on Exhibit "A" attached to the Development Agreement and incorporated herein by reference.
3.
Property Development and Other Standards. All property which is subject to the Serena Park Project Development Agreement shall be maintained in accordance with all policies, requirements, regulations, and provisions set forth in the Serena Park Project Development Agreement. The developer's performance of its obligations under the Serena Park Project Development Agreement shall be subject to annual review as provided therein.
4.
Amendment to Development Agreement. In 2024, the city council approved a first amendment to the first amended and restated development agreement, which included modifying the performance schedule; increasing the amount due and revising the payment schedule of the development agreement fee; memorializing property maintenance and security obligations; and the city’s cooperation in forming a community facilities district (or similar) to assist with financing of infrastructure and development impact fees, as set forth more specifically in the executed first amendment to the first amended and restated development agreement on file with the city clerk.
(Ord. 1931 § 7. 2017; Ord. 2097, 7/9/2024)
§ 94.08.10 DTPB B-3, LLC Development Agreement.
A.
DTPS 8-3, LLC Development Agreement.
1.
Purpose. The purpose of this section is to establish a development agreement to guide the orderly development and improvement of that portion of the city previously developed as the Desert Fashion Plaza and now identified as Block B of the Downtown Palm Springs Specific Plan, which is located north of Museum Way, south of Andreas Road, east of Belardo Road and west of Palm Canyon Drive, in the Northeast One-Quarter of Section 15, Township 4 South, Range 4 East, San Bernardino Base and Meridian, the City of Palm Springs as legally described as Exhibit "A" of the development agreement, attached to the ordinance codified in this section and incorporated herein by reference. The property is designated as part of the Downtown Palm Springs Specific Plan which allows for a mix of approved land uses including Commercial, Retail, High Density Residential, Open Space/Public Space and Resort development generally consistent with the Central Business District ("CBD") land use designation in the general plan, as applicable. Hereafter, the property shall also be designated as "Development Agreement No. 6" or "DA6" which shall be an overlay designation incorporating the restrictions of the "DTPS B-3, LLC Development Agreement." The DTPS B-3, LLC Development Agreement provides for ultimate development of a new six-story, 73,300-square foot mixed-use building of up to 60-feet in height with 45 residential condominiums and ground floor retail space, and is consistent with the general plan and specific plan objectives, policies and programs of the city.
2.
Adoption of DTPS B-3, LLC Development Agreement. There is adopted the DTPS B-3, LLC Development Agreement, the text of which is set forth in the document entitled "Development Agreement by and between City of Palm Springs and DTPS B-3, LLC, a California limited liability company," included with the ordinance which codified this section, which agreement is incorporated in this section by reference. The provisions of this section shall apply to all property described on Exhibit "A" attached to the development agreement and incorporated herein by reference.
3.
Property Development and Other Standards. All property which is subject to the DTPS B-3, LLC Development Agreement shall be maintained in accordance with all policies, requirements, regulations, and provisions set forth in the DTPS B-3, LLC Development Agreement. The developer's performance of its obligations under the DTPS B-3, LLC Development Agreement shall be subject to annual review as provided therein.
(Ord. 2095, 3/28/2024)
§ 94.09.00 Public hearing procedure.
A.
Hearing Date. A hearing date shall be set by the Department of Planning Services for the Planning Commission after an application has been verified as complete.
B.
Notice. Notice of public hearing shall contain the date, time and place of the hearing and the identity of the hearing body and the location and proposed use of the subject property and a general description of the matter that is the subject of the hearing. Notwithstanding any other provision of law, when a matter requires a public hearing before both the Planning Commission (as a recommendation) and the City Council (as final action), notice of both public hearings may be combined into a single written notice. The combined notice shall contain the date, time and place of both public hearings as well as the identity of both hearing bodies and the location and proposed use of the subject property and a general description of the matter that is the subject of the hearings. The combined notice shall be published, posted and mailed as provided in this Section at least 10 days prior to the Planning Commission public hearing on the matter. The combined notice need not include the written recommendation of the Planning Commission.
C.
Publication. When a provision of this title requires notice of a public hearing to be given, notice shall be published in at least one newspaper of general circulation within the city at least 10 days prior to the hearing.
D.
Posting. The public hearing notice shall also be posted in one public location within the city at least 10 days prior to the hearing.
E.
Mailing.
2.
Mailing Labels.
a.
The applicant shall submit a list of all owners of property and lessees and sub-lessees of record as shown on the latest equalized assessment roll of the County Assessor. Addresses within 500 feet of the exterior boundaries of the subject property, together with a map showing the 500-foot radius drawn accurately with the subject property identified, that further identifies the individual parcel of each property owner shall be submitted.
b.
If any property within the 500-foot radius as described in Paragraph 2.a is owned by one or more members of the Indian tribe and held in trust by the United States Government, written notice consistent with the provisions of Paragraph 2.a for each such parcel shall be delivered to the Director of Indian Affairs.
c.
All mailing addresses of owners within a condominium or apartment complex must be included.
d.
All mailing addresses of lessees and sub-lessees of record must be included.
e.
All mailing addresses of subject property's owner, project applicant and owner's representative shall be included.
f.
A certified letter from a title company or other qualified source verifying the accuracy of the information must accompany the submittal.
g.
No application shall be accepted for filing without the required mailing list and three sets of gummed and typed mailing labels in the form required by the department of planning.
h.
The Director or his/her designee shall check the submitted list and map against city records and shall verify the accuracy and completeness of said list as so checked.
3.
Notices. Notices shall be mailed at least 10 days prior to the hearing date to all persons listed in subsection 2 herein.
4.
Number of owners to whom the notice would be mailed. If the number of owners to whom the notice would be mailed pursuant to this section is greater than 1,000 the city may, in lieu of mailed notice, provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the city in which the hearing is conducted at least 10 days prior to the hearing.
5.
Neighborhood Organization Notification. Notification shall also be sent via electronic mail to the representatives listed on the City's Neighborhood Organizations Web Page within one mile of the subject site by city staff.
6.
Request for Notification. When a provision of this title requires notice of a public hearing, the notice shall also be mailed at least 10 days before the hearing to any person who has filed a written request for notification with the City Clerk or the Secretary of the Planning Commission and provided stamped self-addressed envelopes or a fee as set by City Council.
7.
Additional Notice. The Director may require additional notice of the hearing by expanding the area of notification or using other means of notification or both.
8.
Failure of person to receive notice. The failure of any person or entity to receive notice given pursuant to this title shall not constitute grounds for any court to invalidate the actions of the city.
F.
On-Site Posting.
1.
Objective. The purpose of the City of Palm Springs' on-site posting requirement is to advise neighbors, who do not receive mailed notification, about pending development applications, so that they can become informed about the project and participate in the development process, if they so choose.
2.
Applicant Responsibility. The Project applicant is responsible for placing a "Project under Consideration" sign in a clearly visible location on the property within 30 days prior to the first public meeting.
4.
Sign Posting Criteria.
a.
Sign Criteria.
1.
Sign face shall be ¾ or 1-inch exterior grade plywood board.
2.
Posts shall be 4 x 4 wood (or similar) securely sunk into the ground.
3.
The signs shall be entirely white, except for sign copy described below.
4.
Sign and copy sizes to be as follows:
Sign Size | Major Letter Size | Minor Letter Size |
|---|---|---|
36″ H x 48″ W | 3″ | 2″ |
5.
Sign Copy Criteria.
a.
The sign copy must be black Helvetica Bold letters on a white background.
b.
Letters that state: "Project Under Consideration" shall be two times the minor letter size.
c.
Minor letters shall specify:
1.
Project case number and type (PDD, Rezoning, etc.);
2.
The property address, if one has been assigned;
3.
The applicant's name and contact phone number;
4.
A description of the proposal (e.g. office, residential, etc.);
5.
The lot area (number of acres or square feet);
6.
The project site zoning;
7.
The City Planning Department phone number;
8.
The seal of the City of Palm Springs at least 4″ in height.
8.
Timing.
a.
The required number of signs shall be posted on the property at least 30 days prior to the first public meeting of a duly appointed City Commission or Committee, or 30 days prior to any final administrative action by the City.
b.
Required signs shall remain visible and legible from 30 days prior to the first public meeting until final action is taken. The applicant is responsible for ensuring compliance with this paragraph.
9.
Verification of Posting. The project applicant must submit to the city verification of on-site posting. Verification shall be provided by a photograph of the on-site sign, and a signed affidavit stating that the sign has been placed on the subject property on a date specific in conformity with these provisions.
The project applicant shall be responsible to ensure the sign remains visible on-site throughout the period before the hearing and the appeal period.
10.
Inadequate Notice. In the event the project applicant fails to reasonably comply with the on-site posting requirements of this Subsection, the applicable hearing body shall either continue the hearing until the on-site posting requirements have been satisfied or deny the application without prejudice.
(Ord. 2007 § 36, 2019; Ord. 2031 §§ 86, 87, 2020; Ord. 2041 §§ 34—36, 2021)
§ 94.10.00 Review by councilmember.
Any member of the City Council may initiate a review of any planning or zoning decision of the planning commission not otherwise before the City Council by giving notice thereof to the City Clerk within the time for filing of a notice of review as prescribed by Section 2.06.030 of the Palm Springs Municipal Code. City Council review of a planning or zoning decision of the planning commission shall follow the procedure provided by Section 2.06.030 of the Palm Springs Municipal Code.
(Ord. 1294, 1988; Ord. 1873 § 3, 2015; Ord. 1874 § 3, 2015)
§ 94.11.00 Appeals-Indian trust land.
A.
Pursuant to the contractual agreement between the Tribal Council, Agua Caliente Band of Cahuilla Indians (Tribal Council), and the city council of the city of Palm Springs (city council), executed July 26, 1977, and the provisions of Tribal Ordinance No. 4, enacted August 5, 1977, and notwithstanding any provision of the Palm Springs Zoning Code to the contrary, the Tribal Council may, upon the appeal of an aggrieved party, either affirm, modify, or reverse any decision of the city council in the following matters relating to the use, proposed use, or development of Indian trust land:
1.
Building and utility permits;
2.
Changes of zone;
3.
Variances from applicable zoning requirements;
4.
Conditional use permits;
5.
Planned development district permits;
6.
Tentative and final tract and parcel maps;
7.
Changes or amendments to the general plan, or to the zoning ordinance of the city of Palm Springs;
8.
Enforcement of zoning and building codes;
9.
Interpretation of state and federal environmental regulations;
10.
Related matters to the above.
B.
Notice of appeals to the Tribal Council must be filed within 10 days of the written decision of the city council which is being appealed, and such filing stays all proceedings in the matter until the decision of the Tribal Council on the appeal.
C.
Notwithstanding any provision of the Zoning Code to the contrary, any matter referred to in Section 94.11.00(A) and relating to the use, proposed use or development of Indian trust land, which has been disapproved by the planning commission of the city of Palm Springs, shall be forwarded to the city council for decision within the time limit, as prescribed for these matters requiring a decision of the city council. Unless an applicant signs a written waiver of his appeal rights when any matter referred to in Section 94.11.00(A) has been disapproved, the secretary of the planning commission shall notify the applicant of such disapproval in writing. The notification shall further inform the applicant that: (1) the matter has been forwarded to the city council for decision; and (2) that applicant may contact the city clerk within 15 days regarding the date applicant desires the matter to come before the city council. For purposes of this subsection, a matter shall be deemed disapproved if formally disapproved or conditions are imposed before the approval will be granted.
D.
In those matters referred to in Section 94.11.00(A), and relating to the use, proposed use, or development of Indian trust land, the applicant, land owner or the Tribal Council at any time during the application or proposal processing period, may, if it is contended that there is or has been any unreasonable or undue delay in such processing, file complaint in writing to this effect with the city clerk, and the city council shall thereupon as promptly as practicable, hear the matter, make a decision and take such action as is appropriate in the case.
E.
Notwithstanding the fact that the Tribal Council is not a "public agency" or a "quasi-public agency," the decision of the Tribal Council on an appeal from action of the city council in any matter referred to in this section, shall be made at or subsequent to at lest one public meeting with the city council, at which time the appellant may be heard and where testimony of the general public on the issue may be heard; provided that, such comments supply new and pertinent information not previously included in the city record. Testimony of the general public shall be subject to reasonable restrictions which might be imposed by the Tribal Council to limit the length of the meeting and to avoid repetition of testimony.
F.
The decision of the Tribal Council shall be final on any appeal from a decision of the city council. Thereafter, any permits necessary to the use of the land in accordance with the decision of the Tribal Council shall be issued by the city of Palm Springs.
(Ord. 1294, 1988)
§ 94.12.00 Extension of Time.
A.
Purpose.
The purpose of this section is to provide a mechanism for extending the term of an entitlement previously granted under this chapter. This section shall not apply to tentative subdivision maps, which may be extended in accordance with Section 9.63.110. The provisions of this section are not intended to limit the authority or the discretion of the planning commission to determine whether good cause exists for an extension of time.
B.
Application.
An application for an extension of time shall be filed with, and on a form provided by, the Department of Planning Services. Such application must be filed at least 60 days before the entitlement is due to expire. The application shall be signed and acknowledged by the owner of record of the property for which the extension of time is sought, and shall be notarized as to the owner's signature.
C.
Hearing and Notification.
An application for an extension of time shall be heard by the planning commission. The planning commission shall provide for a public hearing to be held in the manner provided for in Section 94.09.00.
D.
Criteria.
The burden of proof shall be on the applicant to establish by clear and convincing evidence that the applicant has proceeded in good faith and has exercised due diligence in complying with the conditions of approval imposed on the entitlement in a timely manner. In determining that good cause exists for an extension of time, the planning commission must make the following findings:
1.
The requested extension of time is consistent with the General Plan and any applicable specific plan, and the proposed project remains consistent with those plans as they exist at the time the extension request is being considered;
2.
The findings made in support of the original approval remain valid and are still appropriate;
3.
There have been no significant changes to the proposed project, or to areas within the geographic proximity of the proposed project that negates the appropriateness of the project, or new information concerning new or substantially more severe environmental effects which would require a reevaluation of the project under the California Environmental Quality Act (CEQA);
4.
The subject site has been properly maintained in accordance with the Property Maintenance Standards of this Title;
5.
The applicant has demonstrated convincingly and clearly that the project will be substantially underway within the extended period.
6.
The applicant has made reasonable, substantial and timely efforts to exercise the entitlement and advance the project, such as, but not limited to, the pre-payment of impact fees or submittal of permit applications; and
7.
Extenuating circumstances, not within the applicant's control, (financial inability and market conditions excepted), have prevented the applicant from exercising the entitlement within the initial time period granted, but that such circumstances are more likely than not to be removed in time for the applicant to substantially begin the project within the extended period.
E.
Decision.
The planning commission may take such action as it deems appropriate regarding the extension of time application, including without limitation:
1.
Grant the extension of the previously approved entitlement;
2.
Modify the previously imposed conditions of approval and/or add new conditions of approval in connection with a grant of extension; or
3.
Deny the requested extension.
The decision of the Planning Commission is final on the 11th day after notice of the decision is provided to the applicant and to City Council and posted on the City's website, unless appealed to the City Council in the manner provided by Chapter 2.05 of the Palm Springs Municipal Code. |
F.
Extension of Time – Term.
The planning commission may grant extensions for a period of up to 24 months beyond the original expiration date of the entitlement.
(Ord. 1925 § 1, 2017)