Chapter 25.68 — DECISIONS BY THE ARCHITECTURAL REVIEW COMMISSION

The purpose of this chapter is to establish permits and entitlements that are decided by the Architectural Review Commission (ARC). Each permit and entitlement type is described in this chapter in terms of purpose and applicability, unique review process, findings for approval, and conditions. General processing procedures are established in Chapter 25.60 (Procedures). (Ord. 1259 § 1, 2013)

• A. Purpose and applicability. Design review allows for specified projects to be reviewed by the ARC to ensure that design objectives of Palm Desert as specified in the General Plan are achieved. Design review is required, as follows:

  1. Prior to Permit Issuance. No plan, elevation for buildings or structures, or alterations shall be approved and no permit shall be issued for any building, structure, sign, or other development of property or appurtenances or alterations thereto, except in single-family residential districts and developments subject to Objective Design Standards requirements of Chapter 25.42, without review and approval by the ARC.

  2. The ARC shall review all plans submitted with applications for moving buildings within or into the City. Photographs shall be included with the application showing all elevations, the structure proposed to be moved, the proposed site, and the buildings adjacent to the proposed site. The ARC shall determine whether the building proposed to be moved will fit harmoniously into the neighborhood wherein it is to be located. It may approve, approve with conditions, or disapprove the issuance of a permit to move such building.

  3. The ARC shall review all plans for new two-story residential dwellings and second story additions within the R-2 Zoning District as required by Table 25.10-3 (Residential Zoning District Development Standards) to ensure second stories are compatible with surrounding homes including massing, materials, and considers privacy of adjacent neighbors. The ARC design review shall include the following:

     • a. The mass and bulk of the design should be reasonably compatible with the predominant neighborhood pattern. New construction should not be disproportionately larger than, or out of scale with, the neighborhood pattern in terms of building forms, roof pitches, eave heights, ridge heights, and entry feature heights.

     • b. Placement of windows and doors should have minimal impact to the neighboring property.

     • c. Line of sight analysis shall be provided.

     • d. To mitigate privacy impacts of new two-story homes and additions, tree and/or shrub planting is required.

       • i. Applicability. These requirements shall apply to new two-story homes,

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two-story additions, and/or new windows on existing two-story homes that increase privacy impacts on neighboring residents.

• e. Planting Plan. Proposals for new two-story homes, two-story additions, and/or new windows on existing two-story homes shall be accompanied by a planting plan which identifies the location, species and canopy diameter of existing and proposed trees or shrubs to meet the requirements.

• (Ord. 1259 § 1, 2013; Ord. 1383 § 2, 2022; Ord. 1411, 4/25/2024; Ord. No. 1416, 8/22/2024)

• A. Minor modifications. When in the opinion of the ZA, the approval of an application for a minor or insignificant permit does not defeat the purposes and objectives of this chapter, they may grant the permit without submitting the matter to the ARC for its approval, notwithstanding any other provisions of this chapter.

• B. Staff's review of a single-family residence. Department staff shall review applications for the issuance of a building permit for a dwelling in the single-family and residential estate zones. The staff, on its own initiative, may forward such a request to the ARC for action.

• C. Multifamily and Mixed-Use Objective Design Standards. New developments which are subject to Multifamily and Mixed-Use Objective Design Standards shall comply with the review and decision procedure requirements of Chapter 25.42.

• (Ord. 1259 § 1, 2013; Ord. 1393 § 28, 2023; Ord. 1411, 4/25/2024)

To approve a design review application, the ARC shall find the following:

• A. That the proposed development conforms to any legally adopted development standards.

• B. That the design and location of the proposed development and its relationship to neighboring existing or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; and that it will not unreasonably interfere with the use and enjoyment of neighboring existing or proposed developments and that it will not create traffic hazards or congestion.

• C. That the design and location of the proposed development is in keeping with the character of the surrounding neighborhood and is not detrimental to the harmonious, orderly, and attractive development contemplated by this title and the General Plan of the City.

• D. That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors and that it is aesthetically of good composition, materials, textures, and colors.

• E. That the proposed use conforms to all the requirements of the zone in which it is located and all other applicable requirements.

• F. That the overall development of the land shall be designed to ensure the protection of the public health, safety, and general welfare.

• (Ord. 1259 § 1, 2013)

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• A. Application contents. Applications for sign design review shall be made on a form provided by the Department and shall be accompanied by a fee as established by Council resolution. The application shall provide the information and material specified in the Department's handout for a sign permit application. The applicant shall also provide a signed statement from the property owner or authorized representative that the owner or representative has reviewed the proposed sign(s) and approves of the proposed sign(s) and their location prior to submittal of the sign permit application to the City.

• B. Minor signs. The ZA shall be authorized to conduct and approve sign design reviews for signs not described in subsection C of this section. The decision of the ZA shall be subject to appeal made to the ARC.

• C. Design review required. The following sign types and sign programs shall be submitted to the ARC for approval prior to approval of a sign permit application:

  1. Freestanding signs (monument signs).

  2. All new awnings, including color change to existing awnings (awning signs).

  3. Comprehensive sign programs in compliance with Section 25.56.100 (Comprehensive Sign Program).

  4. Individual signs for any building with more than 100 lineal feet of building frontage facing a public or private right-of-way.

  5. Any sign that the ZA determines should be reviewed by the ARC due to the unique design, context, color, size, shape, location, or circumstance of the sign.

• D. Sign review criteria. In approving or rejecting a sign permit application, the reviewing authority shall consider the design review criteria provided herein. The design criteria shall not be construed or applied in a manner as to violate any legal rights bestowed by state or federal law. The reviewing authority shall find:

  1. That the sign is necessary for the applicant's enjoyment of substantial trade and property rights.

  2. That the sign is consistent with the intent and purpose of this chapter and title.

  3. That the sign does not constitute a detriment to public health, safety, and welfare.

  4. That the size, shape, color, height, and placement of the sign is compatible with and will have a harmonious relationship to the building it identifies, the surrounding neighborhoods, and other signs in the area.

  5. That both the location of the proposed sign and the design of its visual elements (lettering, words, figures, colors, decorative motifs, spacing, and proportions) are legible under normal viewing conditions prevailing where the sign is to be located.

  6. That the location, height, and design of the proposed sign does not obscure from view or unduly detract from existing or adjacent signs, and does not in any way compromise the health or safety of any person(s).

7. That the location and design of the proposed sign, and its size, shape, illumination, and color are compatible with the visual characteristics of the surrounding area so as

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not to detract from or cause depreciation of the value of adjacent developed properties.

8. That the location and design of a proposed sign in close proximity to a residential district does not adversely affect the value or character of the adjacent residential uses.

9. That any neon tubing used in conjunction with any sign is incorporated as an integral part of the sign design with careful attention to color, intensity of light, and the use of colors that are not overly bright.

10. That the quantity of information displayed in the sign does not cause visual clutter. (Ord. 1259 § 1, 2013)

• A. Purpose. The purpose of a comprehensive sign program is to integrate all of a nonresidential project's signs with the overall site design and the structures' design into a unified architectural statement. A comprehensive sign program provides a means for the flexible application of sign regulations in order to provide incentive and latitude in the design and display of multiple signs and to achieve, not circumvent, the purpose of this chapter. Approval of a comprehensive sign program may modify the standards provided in this chapter as to sign number, size, height, illumination, location, orientation, or other aspects of signs within the limits of this section.

• B. Applicability. The approval of a comprehensive sign program shall be required whenever any of the following circumstances exist:

  1. Whenever three or more separate tenant spaces are present on the same site.

  2. Whenever three or more nonexempt signs are proposed for a single tenant.

  3. Whenever signs are proposed to be located on the second story on a multistory building.

  4. Whenever an existing multitenant development of three or more tenants is being remodeled or rehabilitated to the extent that it requires review and approval by the ARC.

  5. Whenever the Director determines that a comprehensive sign program is needed because of special project characteristics (e.g., the size of proposed signs, limited site visibility, the location of the site relative to other lots, buildings, or streets, etc.).

• C. Approval authority and procedures. The ARC shall be the review authority for a comprehensive sign program as described in Section 25.56.100.

• (Ord. 1259 § 1, 2013)

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City of Palm Desert, CA