Palm Springs City Zoning Code

That the use is in keeping with the stated intent and purpose of the zone; and

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

That the subject use is similar to one or more uses permitted in the zone within which it is proposed to be located; and

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.

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.

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 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.

Application.

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.

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.

The Planning Commission shall provide for a public hearing to be held in the manner provided for in Section 94.09.00.

Commission Public Hearing, Recommendation and Notice Thereof.

Commission Findings and Conditions.

The commission shall not approve or recommend approval of a conditional use permit unless it finds as follows:

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.

Revisions other than minor revisions, as defined above, shall be made pursuant to the regular conditional use permit procedure set forth in this section.

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.

Notice.

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.

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.

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.

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.

The following uses may be permitted pursuant to this section in any zone, except where expressly prohibited:

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:

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.

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.

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.

Revocation.

Amendment.

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.

Allow development of multiple land parcels under a single development plan.

Allow a mixture of land uses, housing types, or zones within a single development project.

Allow flexibility in certain development standards, where contextually appropriate, or where necessary to accommodate the development of affordable housing.

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.

Promote design variety within a development.

Promote open space preservation.

Promote more efficient traffic and pedestrian circulation.

Promote preservation of natural features or significant historic/architectural features.

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:

Pre-application Submittal Process.

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:

Development Agreement. In addition to the PDD application, applicants are required to prepare a development agreement for any of the following circumstances:

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.

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.

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.

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.

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.

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).

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:

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:

Public Benefit.

The uses, density and intensity of the proposed preliminary development plan are in conformance to the general plan land use designation for the site;

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;

The preliminary development plan is in conformance to the property development standards listed in Section 94.03.00(D)(2);

The site is adequate in size and shape to accommodate the density and/or intensity of the proposed development;

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;

The public benefit provided by the development is mitigates any waivers or exceptions requested as part of the preliminary development plan; and

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.

The final development plan is in substantial conformance with the preliminary development plan;

The final development plan is in substantial conformance with all other associated entitlements for the development; and

The final development plan incorporates all modifications and conditions to the preliminary development plan as approved by the City Council.

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:

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.

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.

Termination of Proceedings – Final Development Plan.

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.

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.

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.

Organization and Meetings.

Architectural Review Required. Architectural review shall be required as set forth in this subsection.

Major Architectural Review. Major architectural review applications which are acted upon by the ARC shall include the following:

Minor Architectural Review. Minor architectural review applications which are acted upon by the director shall include the following:

Exceptions. The following development types are exempt from the architectural review process:

Authority. The director shall have the authority to:

Major Architectural Review.

Minor Architectural Review.

The architectural treatment is consistent on all four sides of the proposed building(s), unless otherwise approved by the ARC;

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;

The façade elements and fenestration are composed in a harmonious manner;

The proposed materials are consistent with the context of the site, adjacent buildings, and the desert environment;

The proposed color scheme is appropriate to the desert environment and consistent with the site context;

Shading devices and sun control elements, excluding landscape materials, are provided to address environmental conditions and solar orientation;

The proposed landscape plan is consistent with the requirements of PSMC Chapter 8.60;

The proposed landscape plan is consistent with all applicable zoning requirements, including any streetscape requirements, landscape buffer requirements, and screening requirements;

The shading for pedestrian facilities on the subject site or abutting public right(s)-of-way is adequate;

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;

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;

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;

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.

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.

Extensions of Time. Extensions of time may be granted pursuant to the requirements of PSZC Section 94.12.00.

That the proposed development is consistent with the General Plan, the Zoning Code, and other adopted plans, regulations and policies of the City;

That the proposed uses are consistent with the zone district where the project is located;

That the location, height, massing, and placement of the proposed development is consistent with applicable standards and is consistent with its context;

That the necessary infrastructure is in place to service the proposed development; and

The environmental impacts of the proposed development have been evaluated and addressed.

Development Permit Required. A Development Permit shall be required as set forth in this subsection.

Major Development Permit. A Major Development Permit acted upon by the Planning Commission shall be required for the following:

Minor Development Permit. A Minor Development Permit acted upon by the Director shall be required for the following:

Exceptions. The following development types are exempt from the Development Permit review process:

Authority. The Director shall have the authority to:

Major Development Permit Review.

Minor Development Permit Review.

The proposed project is consistent with the General Plan and any applicable specific plan;

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;

The proposed project is in conformance to the property development standards for the zone district where the site is located;

The proposed height and massing of the project is consistent with applicable standards and compatible with adjacent development;

The proposed setbacks and placement of the building are consistent with applicable standards and consistent with setbacks of adjacent buildings;

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;

On-site circulation conforms to minimum standards, and accommodations are made for safe on-site pedestrian circulation;

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;

Public infrastructure, such as water, sewer, and similar utilities, is adequate to serve the proposed project;

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;

The proposed project has no unacceptable adverse effects on public welfare, health or safety.

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:

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.

Time Limit for Development. The time limit for the commencement of construction under a Development Permit approval shall be two years from the effective date of the approval.

Extensions of Time. Extensions of time may be granted pursuant to the requirements of PSZC Section 94.12.00.

Flats, apartments and double bungalows, 30 years;

Other dwellings 35 years;

Stores and factories, 25 years.

Apartments, offices, hotels, residence, stores below; apartments above, 40 years;

Stores below; hotel or offices above, 40 years;

Warehouses, stores, garages, lofts, 40 years;

Factories and industrial, 50 years.

Apartments and residences, 50 years.

Office and hotels, 55 years;

Theaters, 60 years;

Industrial, 40 years.

The nature of the use;

The amount of the owner's investment in improvements;

The convertibility of improvements to permitted uses;

The character of the neighborhood;

The detriment, if any, caused to the neighborhood by continuance of the nonconforming use or structures;

The amount of time required to amortize the investment.

The extension of the use shall assist the preservation of decent and habitable transient and permanent rental stock;

The extension of the use will not adversely affect current and future city services;

The extension of the use complies to the greatest extent possible with General Plan, and accomplishes important General Plan Policies;

The use, as conditioned, reasonably complies with zoning and existing uniform building and fire codes.

The project is developed, landscaped, and maintained in a manner to be harmonious with surrounding property and positively contributes to neighborhood values;

The project has adequate traffic circulation and parking;

The applicant's have implemented adequate methods to assure the future and continuity of management and property maintenance of the project;

The applicant has implemented satisfactory measures to provide property security and tenant activity to minimize criminal activity as demonstrated by police activity reports;

All conditions of Section 94.05.04 shall be met; and

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.

The resulting apartment use will assist the preservation of decent and habitable permanent rental stock;

The resulting apartment use will not adversely affect current and future city services;

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);

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;

The resulting apartment use, as conditioned and pursuant to other required approvals, does not create adverse impacts on traffic or circulation;

The applicant has implemented adequate methods to assure the continuity of management and property maintenance of the resulting apartment use; and

The applicant has implemented satisfactory measures to provide property security to minimize criminal activity as demonstrated by police activity reports.

Variance applications shall be considered by the commission pursuant to requirements of this Zoning Code.

All business matters before the commission shall be administered by the Director or their authorized representative.

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.

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.

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.

The granting of such variance will not adversely affect the general plan of the city.

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.

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.

The Planning Commission shall provide for a public hearing to be held in the manner provided for in Section 94.09.00.

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.

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.

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;

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;

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;

Reduction of lot area, lot dimensions, by not more than 10% of the required in the zone;

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;

Reduction of number of required parking spaces by not more than 10% as shown in Section 93.06.00(C);

Modification of wall, fence or landscaping not to exceed 20%, where topography or noise impacts require such modification;

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;

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;

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;

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.

Approval Authority.

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.

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:

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.

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.

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.

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.

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.

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.

Initiation.

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.

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.

The Planning Commission shall provide for a public hearing to be held in the manner provided for in Section 94.09.00.

Commission Public Hearing, Recommendation and Notice Thereof.

Council Action on Commission Recommendations.

Council Decision and Referral.

Initiation.

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.

Notice of Commission Public Hearing.

Commission Public Hearing, Recommendation and Notice Thereof.

Council Public Hearing Date and Notice.

Authority for Adoption.

These regulations are adopted under the authority of Government Code Sections 65864 through 65869.5.

Forms and Information.

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.

Applicant and Other Parties.

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.

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.

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.

Public Hearing.

A public hearing on an application for a development agreement shall be held by the planning commission and by the city council.

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.

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.

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.

Determination by Planning Commission.

Decision by City Council.

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.

Recordation of Development Agreement, Amendment or Cancellation.

Periodic Review.

Procedure Upon Findings.

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:

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Applicable Projects. A mailed public notice shall be provided for the following application types:

Mailing Labels.

Notices. Notices shall be mailed at least 10 days prior to the hearing date to all persons listed in subsection 2 herein.

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.

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.

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.

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.

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.

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.

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.

Applicable Projects. The following projects are required to provide on-site posting:

Sign Posting Criteria.

Sign Copy Criteria.

Sign Placement Criteria.

Number of Signs.

Timing.

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.

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.

Building and utility permits;

Changes of zone;

Variances from applicable zoning requirements;

Conditional use permits;

Planned development district permits;

Tentative and final tract and parcel maps;

Changes or amendments to the general plan, or to the zoning ordinance of the city of Palm Springs;

Enforcement of zoning and building codes;

Interpretation of state and federal environmental regulations;

Related matters to the above.

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;

The findings made in support of the original approval remain valid and are still appropriate;

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);

The subject site has been properly maintained in accordance with the Property Maintenance Standards of this Title;

The applicant has demonstrated convincingly and clearly that the project will be substantially underway within the extended period.

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

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.

Grant the extension of the previously approved entitlement;

Modify the previously imposed conditions of approval and/or add new conditions of approval in connection with a grant of extension; or

Deny the requested extension.