§ 94.03

• 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

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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:

   • a. Pre-application Submittal;

   • b. Preliminary Development Plan; and

   • c. Final Development Plan.

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

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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:

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• 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:

   • a. Projects that are intended for development in multiple phases and the construction period will exceed two years;

   • b. Projects where the subject site is larger than five gross acres in area; or

   • c. Projects where a portion of the site is to be dedicated for conservation or public purposes, excluding standard dedications for public rights-of-way.

The development agreement shall be prepared in accordance with the requirements and procedures set forth in Section 94.08.00.

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

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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

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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

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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 highdensity 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

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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

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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

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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.

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• 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.

(Ord. 1978 § 4, 2019; Ord. 2031 §§ 74, 75, 2020; Ord. 2042 § 20, 2021; Ord. 2088, 11/9/2023)