§ 94.04

• A. Purpose and Intent. It is declared that the city of Palm Springs is a city with a unique environmental setting and is internationally known and respected for its collection of architecturally significant buildings and structures. The purpose of this Section is to protect the public health, safety and general welfare of the community by requiring all future development to respect these features and traditions, and to require that all buildings and structures placed on the land respect the natural land forms, architectural quality and character, and become a compatible part of the natural and built environment. This Section is intended to implement the goals and policies of the Community Design Element of the General Plan.

• B. Architectural Review Committee.

  1. Architectural Review Committee – Established. There is hereby established the Architectural Review Committee (ARC). The principal roles of the ARC are to (i) issue decisions on Major Architectural Review applications relative to the adopted criteria contained in this Section; (ii) advise the City Council, Planning Commission and/or Historic Site Preservation Board on matters of conformance to the adopted architectural review criteria; and (iii) advise the Director on matters of conformance to the adopted architectural review criteria.

  2. Membership and Qualifications. The ARC shall consist of seven members, who shall be appointed by the Planning Commission. The committee shall consist of a minimum of three California licensed architects, a minimum of one California licensed landscape architect, and other design and/or technical professionals necessary to complete the membership of the committee. The Planning Commission may appoint an experienced architectural designer as a substitute for one of the licensed architects should there be an inadequate number of architects to serve on the committee. The Planning Commission may appoint up to two alternates to serve on the committee.

  3. Organization and Meetings.

     • a. Terms of Members. The term of each committee member shall be in accordance with the provisions of Chapter 2.06 ("Boards and Commissions – General Provisions") of the Palm Springs Municipal Code.

     • b. Attendance and Vacancies. Board members are subject to the attendance requirements as outlined in Chapter 2.06 of the Palm Springs Municipal Code. The chair shall notify the Planning Commission of any vacancy.

     • c. Quorum. A majority of the members of the ARC shall constitute a quorum for the purpose of conducting business. A majority vote of those present shall be

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necessary to approve any item of business.

• d. Appointment of Officers. The ARC shall select a chair and vice-chair from among its members as set forth in PSMC 2.06. The chair and vice chair shall serve for a term of one year and until a successor of each is selected and takes office. The secretary of the ARC shall be the Director or their appointee.

• e. Adoption of Rules. The ARC shall adopt rules of procedure for the transaction of its business. The rules of procedure shall address the time and occurrence of regular meetings, procedures for scheduling special meetings, procedures for transaction of business items, duties of officers, and any other procedures as may be necessary.

  • f. Records. The ARC shall maintain a public record of its transactions, findings, and determinations.

• C. Applicability and Authority.

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

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

     • a. New multifamily, commercial, and industrial buildings;

     • b. Additions to multifamily, commercial, and industrial buildings which increase the existing floor area by more than 25%;

     • c. New single-family residential units in designated hillside areas, in accordance with PSZC Section 93.13.00;

     • d. New single-family residential units located on lots that are 10,000 square feet in area or greater on Major Thoroughfares;

     • e. New single-family model residential units for tract development;

     • f. New quasi-public buildings, such as religious facilities, hospitals, private schools, and similar buildings;

     • g. Additions to quasi-public buildings which increase the existing floor area by more than 25%;

     • h. New mobile home parks and recreational vehicle parks; and

     • i. Additions or alterations to Class 1 and Class 2 historic resources which increase the existing floor area by more than 25%, excluding Class 1 and Class 2 singlefamily residential units.

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

     • a. Additions to multifamily, commercial and industrial buildings which do not increase the existing floor area by more than 25%;

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• b. Additions and remodels to hillside developments, as specified in PSZC Section 93.13.00(B)(2)(b);

• c. Additions to quasi-public buildings which do not increase the existing floor area by more than 25%;

• d. Entrance features and gates above the allowable height;

• e. Exterior lighting plans;

• f. Modifications to exterior colors of commercial, industrial, and quasi-public buildings;

• g. Revisions to approved landscaping plans for multifamily, commercial and industrial developments; and

• h. Tennis courts and sports courts in all zones.

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

   • a. New single-family residential units, except as otherwise required by this Section;

   • b. Accessory dwelling units and junior accessory dwelling units;

   • c. Other development types which are expressly exempt from architectural review under state law.

5. Authority. The director shall have the authority to:

   • a. Determine whether an application will be subject to a major architectural review or a minor architectural review under this section;

   • b. Determine whether an activity or improvement is exempt from architectural review under this section;

   • c. Approve or deny an application which requires a minor architectural review;

   • d. Forward a minor architectural review application to the ARC for consultation prior to rendering a decision; and

   • e. Require a pre-application submittal for review and comment by the ARC for major architectural review applications based on the scale of development proposed or complexity of the proposed development type.

• D. Application and Procedures.

  1. Major Architectural Review.

     • a. Pre-submittal Conference Required. A pre-submittal conference with a designated representative from the Department is required prior to formally submitting a Major Architectural Review application. The applicant shall provide a pre-submittal package in a form as determined by the Director, and shall include schematic site and floor plans, elevations, sections, landscape

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plans, and proposed material and color selections. The Director or designee shall review the pre-submittal package for general conformance to adopted development standards and to the criteria set forth in subsection (E) below, and shall provide comments and a submittal checklist to the applicant.

• b. Formal Application Submittal. After completing the pre-submittal conference, an applicant shall submit a formal Major Architectural Review application upon such forms as may be established by the Department, and shall be accompanied by such fees as may be established by the City Council. The application shall be signed and notarized by the property owner or their legal representative. The application submittal shall include the following:

  • 1. A site plan, as approved by the Planning Commission as part of the development permit process;
  • 2. A preliminary grading plan, including cross sections through the site and showing the elevations of abutting parcels;
  • 3. Floor plans;
  • 4. Building elevations and building sections;
  • 5. A roof plan;
  • 6. A landscape plan;
  • 7. Material and color selections;
  • 8. A lighting plan; and
  • 9. Depictions of the location and size of any proposed signage, where appropriate for the development type.

• c. Concurrent Submittals. In the event the applicant has submitted concurrent applications for a development permit, conditional use permit, change of zone, or similar land use discretionary permits for the project, the planning commission or city council, as applicable, shall take final action on the concurrent applications before the ARC shall consider the major architectural review application.

• d. ARC Meeting and Approval. A major architectural review application shall be reviewed at a public meeting of the ARC. The director shall prepare a report and recommendation for review by the ARC, providing an analysis as to whether or not the proposed application meets the criteria established in subsection E, below. The ARC shall consider the director's recommendation, along with any evidence or testimony offered at the public meeting, and shall evaluate the application and make findings with reference to the criteria set forth in subsection E, below. The ARC may approve the application as proposed, approve the application with modifications or conditions, or deny the application and shall make findings accordingly. The director shall provide the applicant with notice of the action taken, along with the findings made and any conditions or modifications imposed by the ARC.

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• e. Appeal. The decision of the ARC shall be final unless appealed to the planning commission within 15 days following the date that the director issues notification to the applicant of the decision. The appeal shall be in writing and filed with the department. The city council may establish a fee to be paid in connection with the filing of an appeal under this section. The director shall schedule the appeal for consideration by the planning commission within 30 days following receipt of the appeal request and payment of the appeal fee. The decision of the planning commission shall be final unless further appeal is made to the city council in the manner provided by Chapter 2.05 of the Palm Springs Municipal Code.

2. Minor Architectural Review.

   • a. Application Submittal. An applicant shall submit a minor architectural review application upon such forms as may be established by the department, and shall be accompanied by such fees as may be established by the city council. The application shall be signed and notarized by the property owner or their legal representative. The application submittal shall include the following as may be deemed necessary by the director:

     • 1. A site plan;
     • 2. Floor plans;
     • 3. Building elevations;
     • 4. A landscape plan;
     • 5. Material and color selections; and
     • 6. A lighting plan.

• b. Staff Action and Approval. A minor architectural review application may be reviewed administratively by the director. The director shall review the application for conformance to the criteria established in subsection D, below. The director may approve the application as proposed, approve the application with modifications or conditions, or deny the application. The director shall provide the applicant with notice of the action taken and any conditions or modifications imposed.

  • c. Appeal. The decision of the director shall be final unless appealed to the ARC within 15 days following the date that the director issues notification to the applicant of the decision. The appeal shall be in writing and filed with the department. The city council may establish a fee to be paid in connection with the filing of an appeal under this section. The director shall schedule the appeal for consideration by the ARC within 30 days following receipt of the appeal request and payment of the appeal fee. The decision of the ARC shall be final unless further appeal is made to the city council in the manner provided by Chapter 2.05 of the Palm Springs Municipal Code.

• E. Effective Date. An architectural review approval shall become effective after an elapsed period of 15 days from the date of the decision of the approval authority.

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• F. Criteria and Findings. In considering an architectural review application, the approval authority shall evaluate the application and make findings for conformance to the following criteria:

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

  2. The design of accessory structures, such as carports, cabanas, and similar accessory structures, shall be consistent with the form, materials and colors of the principal building(s), unless otherwise approved by the ARC;

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

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

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

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

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

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

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

  10. The proposed lighting plan is consistent with the requirements of PSZC Section 93.21.00, and the proposed lighting will not materially impact adjacent properties;

11. Appropriateness of signage locations and dimensions relative to the building façade(s), or appropriateness of the site location for any freestanding signage, as may be warranted for the development type;

12. Screening is provided for mechanical equipment and service yards, so as to screen such facilities from view from public rights-of-way and abutting properties;

13. The proposed application is consistent with any adopted design standards of an applicable specific plan, planned development district, or other applicable adopted design standards and regulations.

• G. Modification. After an Architectural Review application has been approved, any request to amend the approval shall be submitted to the Department. Upon receipt of the request, the Director shall determine if the amendment is to be processed under the major architectural review process or the minor architectural review process set forth in subsection (C), taking into account the factors and considerations set forth in those subsections.

• H. Extensions of Time and Termination.

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§ 94.04.01

1. Time Limit for Development. The time limit for the commencement of construction under an architectural approval shall be two years from the effective date of the approval, provided that if the City has also issued concurrent land use permits and entitlements for the project, the time limit for the commencement of construction under an architectural approval shall be two years from the date the concurrent permits/entitlements were approved.

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

• (Ord. 2042 § 18, 2021; Ord. 2088, 11/9/2023; Ord. 2088, 11/9/2023)

• A. Purpose and Intent. The purpose of the Development Permit process is to ensure:

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

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

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

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

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

• B. Applicability and Authority.

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

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

     • a. New multifamily, commercial, and industrial buildings;

     • b. Additions to multifamily, commercial, and industrial buildings which increase the existing floor area by more than 25%;

     • c. New mobile home parks and recreational vehicle parks;

     • d. New subdivisions containing five or more units;

     • e. New quasi-public buildings, such as religious facilities, hospitals, private schools, and similar buildings;

     • f. Additions to quasi-public buildings which increase the existing floor area by more than 25%.

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

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• a. Additions to multifamily, commercial and industrial buildings which do not increase the existing floor area by more than 25%;

• b. Additions to quasi-public buildings which do not increase the existing floor area by more than 25%;

• c. Agricultural buildings in the E-I (Energy Industrial) and M-2 (Manufacturing) zones; and

• d. Cannabis facilities located within the Cannabis Overlay Zone.

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

   • a. New single-family residential units or additions to single-family residential units, except as otherwise required by this Section;

   • b. Accessory dwelling units and junior accessory dwelling units;

   • c. Other development types which are expressly exempt from Development Permit review under state law.

5. Authority. The Director shall have the authority to:

   • a. Determine whether an application requires a Major Development Permit or a Minor Development Permit under this Section;

   • b. Determine whether an activity or improvement is exempt from a Development Permit under this Section;

   • c. Approve or deny an application which requires a Minor Development Permit review;

• e. Require a pre-application submittal for review and comment by the Planning Commission for Major Development Permit applications based on the scale of development proposed or complexity of the proposed development type.

• C. Application and Procedures.

  1. Major Development Permit Review.

     • a. Pre-submittal Conference Required. A pre-submittal conference with a designated representative from the Department is required prior to submitting a Major Development Permit application. The applicant shall provide a presubmittal package in a form as determined by the Director, and shall include schematic site and floor plans, elevations, sections, landscape plans, and proposed material and color selections. The Director or designated representative shall review the pre-submittal package for general conformance to adopted development standards and to the criteria set forth in subsection (D) below, and shall provide comments and a submittal checklist to the applicant.

     • b. Formal Application Submittal. After completing the pre-submittal conference/ review, an applicant shall submit a formal Major Development Permit application upon such forms as may be established by the Department, and shall

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be accompanied by such fees as may be established by the City Council. The application shall be signed and notarized by the property owner or their legal representative. The application submittal shall include the following:

• 1. A site plan, as approved by the Planning Commission as part of the development permit process;
• 2. A preliminary grading plan, including cross sections through the site and showing the elevations of abutting parcels;
• 3. Floor plans;
• 4. Conceptual building elevations and building sections;
• 5. A roof plan;
• 6. A conceptual landscape plan;
• 7. Conceptual material and color selections;
• 8. A lighting plan if applicable;
• 9. Depictions of the location and size of any proposed signage, where appropriate for the development type; and
• 10. Any other plans or exhibits that may be required by the Director based on the development type or site characteristics.

• c. Concurrent Submittals. In the event the applicant has submitted a Major Architectural Review application in conjunction with a Major Development Permit application and any other concurrent submittals for land use discretionary permits for the project, including a Conditional Use Permit, Change of Zone, etc., the Planning Commission or City Council shall take final action on the Major Development Permit application and the other concurrent submittals before the Architectural Review Committee shall consider the Major Architectural Review application.

• d. Planning Commission Meeting and Approval. A Major Development Permit application shall be reviewed at a public meeting of the Planning Commission. The Director shall prepare a report and recommendation for review by the Planning Commission, providing an analysis as to whether or not the proposed application meets the criteria established in subsection (D) below. The Planning Commission shall consider the Director's recommendation, along with any evidence or testimony offered at the public meeting, and shall evaluate the application and make findings with reference to the criteria set forth in subsection (D) below. The Planning Commission may approve the application as proposed, approve the application with modifications or conditions, or deny the application and shall make findings accordingly. Approval of the application shall constitute approval of the project. The Director shall provide the applicant with notice of the action taken, along with the findings made and any conditions or modifications imposed by the ARC.

• e.

• Appeal. The decision of the Planning Commission regarding a Development

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Permit application 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.

2. Minor Development Permit Review.

   • a. Application Submittal. An applicant shall submit a Minor Development Permit application upon such forms as may be established by the Department, and shall be accompanied by such fees as may be established by the City Council. The application shall be signed and notarized by the property owner or their legal representative. The application submittal shall include the following as may be deemed necessary by the Director:

     • 1. A site plan;
     • 2. Floor plans;
     • 3. Building elevations;
     • 4. A landscape plan; and
     • 5. Any other plans or exhibits that may be required by the Director based on the development type or site characteristics.

   • b. Staff Action and Approval. A Minor Development Permit application may be reviewed administratively by the Director. The Director shall review the application for conformance to the criteria established in subsection (D) below. The Director may approve the application as proposed, approved the application with modifications or conditions, or deny the application. The Director shall provide the applicant with notice of the action taken and any conditions or modifications imposed.

   • c. Appeal. The decision of the Director shall be final unless appealed to the Planning Commission within 15 days following the date that the Director issues notification to the applicant of the decision. The appeal shall be in writing and filed with the City Clerk. The City Council may establish a fee to be paid in connection with the filing of an appeal under this Section. The Director shall schedule the appeal for consideration by the Planning Commission within 30 days following receipt of the appeal request and payment of the appeal fee. The decision of the Planning Commission shall be final unless further appeal is made to the City Council in the manner provided by Chapter 2.05 of the Palm Springs Municipal Code.

• D. Criteria and Findings. In considering a Development Permit application, the approval authority shall evaluate the application and make findings for conformance to the following criteria:

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

  2. The proposed uses are in conformance to the uses permitted in the zone district where the site is located, and are not detrimental to adjacent properties or residents;

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

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

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

6. The site for the proposed project has adequate access to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed uses, and the design for the site plan enhances or continues the city's existing grid in accordance with the Circulation Plan of the General Plan;

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

8. Landscape areas and open space are in conformance to applicable standards, and the design of stormwater management features are appropriately integrated with other elements of the site design;

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

10. Based on environmental review, the proposed project either has no potentially significant environmental impacts, any potentially significant impacts have been reduced to less than significant levels because of mitigation measures incorporated in the project, or a Statement of Overriding Considerations has been adopted to address unmitigated significant environmental impacts;

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

• E. Effective Date. A Development Permit approval shall become effective after an elapsed period of six months from the date of the decision of the approval authority or after the approval of the associated Major Architectural Review application, whichever occurs first.

• F. Modification. After a Development Permit application has been approved, any request to amend the approval shall be submitted to the Department.

  1. Minor modifications. Minor modifications to an approved Major or Minor Development Permit may be approved by the Director, or may be referred to the Planning Commission for approval at the discretion of the Director. Minor modifications may include any of the following:

     • a. A reduction in the number of units or overall building square footage by no more than 10%;

     • b. Minor adjustments to building footprints or building setbacks, provided conformance is maintained to perimeter setback requirements;

     • c. Minor adjustments to the configuration of parking areas, provided conformance is maintained to parking requirements;

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§ 94.05.02

• d. Minor adjustments to landscape buffer areas or open space areas, provided lot coverage and minimum open space requirements are maintained.

2. Major modifications. Any modification that does not qualify as a minor modification as defined in this Section shall require review by the Planning Commission in accordance with the initial submittal requirements.

• G. Extensions of Time and Termination.

  1. 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.

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

• (Ord. 2042 § 19, 2021; Ord. 2088, 11/9/2023)