I-Team Investigation: Some concerned about Palm Springs Development

Rising home prices may not be a big deal for investors or retirees looking for a second home, or tourists who want to visit Palm Springs.

But what about the people who live– and want to work there? Is the city keeping housing affordable?

Is City Hall pricing some people out of the Palm Springs housing market? People who are the fabric of the community, work here and want to live here?

People who study the issue, and know it quite well, say the answer is ‘yes.’

Kathy Weremuik said, “We don’t really get homes people who work here can buy.”

Weremiuk is on the city’s adhoc committee for Planned Development Districts (PDDs).

The City has 90 PDDs, which are used to create new projects and neighborhoods without developers having to follow all the zoning rules and regulations.

That includes how tall a building can be, how big compared to it’s lot, how far off the street, parking standards and open space.

Used properly, the community wins through trade-offs for amenities like parks, open space and other nice things developers build to get their projects approved.

But in Palm Springs, critics say it’s different.

“It’s odd, it’s odd here,” said Scott Bigbie an urban planner also on the Ad Hoc PDD committee.

Bigbie says PDD’s account for 90 percent to 95 percent of all projects in Palm Springs, where a more normal number should be between 5 and 10 percent.

Committee members are concerned PDDs are harming the city’s character and charm.

Bigbie said, “Developers would love that, love getting a waiver of various regulations. Much easier to build. Much cheaper to build.”

All those PDDs are also allowing developers to build small homes on land set aside for affordable housing.

“It doesn’t benefit the community in terms of being able to house someone who’s managing a restaurant, a waiter, who might work for parks and rec,” said Weremuik.

Judy Deertrack, with People For Proper Planning, says she’s seen a number of abuses by the current system.

Deertrack said, “You tend to get what I call a lot squeeze and that is the lot sizes go down, the building coverage starts to go out, and the height starts to go up just like a tube of toothpaste.”

One example Deertrack cites is the just-approved Canyon Lofts off Indian Canyon near Tahquitz Canyon Way. It will feature large and expensive homes on small lots, which had been zoned for affordable housing.

The state says a lack of affordable housing is a “critical problem” here in California and requires cities to set aside land for affordable housing in their General Plans.

In Palm Springs, some of that land is going to build 600-thousand dollar homes.

The Dakota Project is going in off South Belardo Road. Deertrack and other Ad Hoc Committee members say it has narrow streets with no on-street parking and is a gated community in a city that says it’s opposed to gated developments.

Deertrack say too much of this development leads to a cramped city with limited views, little open space, and a city that isn’t living up to state affordable housing requirements.

“What I’ve told the city repeatedly, this is not housing for the low income people,” said Deertrack. “This for the most part is housing for the service population for the city. Your police officers, waitresses, your firefighters,” Deertrack added.

Part of the problem is a shortage of land in the city zoned for single family homes with yards. It’s something people have always wanted, and still want in Palm Springs.

“People want single family development,” said Marvin Roos, former City Planner and Ad Hoc member. “But nobody wants to rezone to single family. So the PDD has been used for that,” Roos added.

City Attorney, Douglass Holland responded to our request for comment saying, “The PDD process is but one of many permitting processes provided in the Zoning Ordinance.”

The Adhoc Committee will return its recommendations to the full city council.

Some want a new General Plan, written in 2007 and last updated two years ago.

A new plan might give people more of what they want, but also keep the city affordable for everyone.

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The following email contains the response of Palm Springs City Attorney, Douglas C. Holland, to our questions about the city’s use of PDDs.

Good afternoon, Jeff:

This is in response to your email regarding PDDs in Palm Springs.

Your question #3: The City of Palm Springs General Plans says “Planned Development Districts shall be consistent with the General Plan.” Further, “The City’s Municipal Code and Zoning Ordinance are the primary tools used to implement the goals and policies of the General Plan.” Consistency is even written into the City Charter. Does the city have to comply with it’s general plan by making sure PDD’s are consistent?

My answer: First of all, consistency is not written into the City Charter. Nevertheless, planned development districts are required to be consistent with the General Plan. This is a finding the Planning Commission is required to make before it recommends the Council take action on a PDD application and it is a finding that the Council must make before it approves a PDD. Each approved PDD includes a finding of consistency and a statement of facts on which the finding of consistency is based. Please also remember that the PDD is one of the tools specifically identified in the City’s Zoning Ordinance for the review and approval of development projects.

Your Question #2: Lack of affordable housing has been deemed a “critical problem” in California, in the California Environmental Quality Act. Yet the city is allowing developers to build higher priced lower density housing on land zoned for high density housing. Is that living up to CEQA standards? Is the city required to comply with CEQA?

Yes, the City is required to comply with CEQA. CEQA, however, is a procedural statute; it is not a substantive statute. CEQA does not establish policies regarding affordable housing.

Your question #1: Critics say the city is allowing too many developers to use PDD’s to build homes on small lots while sacrificing higher density and more affordable condominium developments. Is Palm Springs using P.D.D.’s too often or appropriately in your opinion?

My answer: As I mentioned above, the PDD process is but one of many permitting processes provided in the Zoning Ordinance. It is intended to provide some flexibility from strict application of development standards in the review and approval of projects. How PDDs are used and the extent to which PDDs are used are policy issues that will ultimately be resolved by the City Council with recommendations from the Planning Commission.