HomeMy WebLinkAbout1925 ORDINANCE NO. 1925
AN ORDINANCE OF THE CITY OF PALM SPRINGS
ADOPTING AMENDMENTS TO CHAPTER 94.00 OF THE
PALM SPRINGS ZONING CODE (PSZC) RELATING TO
THE CRITERIA AND PROCEDURES FOR THE REVIEW
OF EXTENSION OF TIME (EOT) APPLICATIONS.
City Attorney Summary
The proposed ordinance will establish standardized application
procedures and a list of criteria to be considered in evaluating requests for
extensions of entitlement applications.
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. In July 2015, the Planning Commission established a subcommittee to
study the process and criteria for the evaluation of Extension of Time (EOT)
applications.
B. The Planning Commission subcommittee met and developed
recommendations to be considered by the Planning Commission.
C. In November 2016, the City Council directed staff to proceed with
amendments to the procedures and criteria for the consideration of EOT applications,
and requested that the Planning Commission review and forward recommendations to
the City Council.
D. On March 8, 2017, a public hearing on the proposed Zone Text
Amendment was held by the Planning Commission in accordance with applicable law,
and after taking public testimony and reviewing all evidence presented in connection
with the hearing, the Planning Commission voted to 7 to 0 to recommend approval of
the proposed ordinance to the City Council.
E. Notice of public hearing of the City Council of the City of Palm Springs to
consider Case 5.1405 ZTA was given in accordance with applicable law.
F. The proposed Zone Text Amendment is not subject to the California
Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(2) of the CEQA
Guidelines because the proposed amendments to the Palm Springs Zoning Code will
not result in a direct or reasonably foreseeable indirect physical change in the
environment; and 15060(c)(3) because the activity is not a project as defined in Section
15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly
or indirectly.
Ordinance No. 1925
Page 2
G. On April 19, 2017, a public hearing on the proposed Zone Text
Amendment was held by the City Council in accordance with application law, and the
City Council has carefully reviewed and considered all of the evidence presented in
connection with the hearing on the Zone Text Amendment, including, but not limited to,
the staff report, and all written and oral testimony presented.
H. The City Council hereby finds that approval of the proposed Zone Text
Amendment would:
1. Clearly establish and standardize the procedural requirements for the
processing of Extension of Time applications; and
2. Provide consistent and detailed criteria for the evaluation of Extension of
Time applications.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Section 94.12.00 is added to the Palm Springs Zoning Code
(PSZC) to read as follows:
94.12.00 Extension of Time.
A. Purpose.
The purpose of this section is to provide a mechanism for extending the
term of an entitlement previously granted under this chapter. This section shall
not apply to tentative subdivision maps, which may be extended in accordance
with Section 9.63.110. The provisions of this section are not intended to limit the
authority or the discretion of the planning commission to determine whether good
cause exists for an extension of time.
B. Application.
An application for an extension of time shall be filed with, and on a form
provided by, the Department of Planning Services. Such application must be
filed at least sixty (60) days before the entitlement is due to expire. The
application shall be signed and acknowledged by the owner of record of the
property for which the extension of time is sought, and shall be notarized as to
the owner's signature.
C. Hearing and Notification.
Ordinance No. 1925
Page 3
An application for an extension of time shall be heard by the planning
commission. The planning commission shall provide for a public hearing to be
held in the manner provided for in Section 94.09.00.
D. Criteria.
The burden of proof shall be on the applicant to establish by clear and
convincing evidence that the applicant has proceeded in good faith and has
exercised due diligence in complying with the conditions of approval imposed on
the entitlement in a timely manner. In determining that good cause exists for an
extension of time, the planning commission must make the following findings:
1. 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;
2. The findings made in support of the original approval remain valid
and are still appropriate;
3. 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);
4. The subject site has been properly maintained in accordance with
the Property Maintenance Standards of this Title;
5. The applicant has demonstrated convincingly and clearly that the
project will be substantially underway within the extended period.
6. 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
7. 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.
Ordinance No. 1925
Page 4
E. Decision.
The planning commission may take such action as it deems appropriate
regarding the extension of time application, including without limitation:
1. Grant the extension of the previously approved entitlement;
2. Modify the previously imposed conditions of approval and/or add
new conditions of approval in connection with a grant of extension;
or
3. Deny the requested extension.
The decision of the Planning Commission is final on the 11th day after notice of
the decision is provided to the applicant and to City Council and posted on the
City's website, unless appealed to the City Council in the manner provided by
Chapter 2.05 of the Palm Springs Municipal Code.
F. Extension of Time —Term.
The planning commission may grant extensions for a period of up to
twenty-four(24) months beyond the original expiration date of the entitlement.
SECTION 2. PSZC Subsection 93.23.05(C), "Shopping Centers," is hereby
amended to read:
C. Time Limits.
Requests for extensions of time shall be made pursuant to the
requirements of Section 94.12.00.
SECTION 3. PSZC Subsection 93.23.07(F)(1), "Use of Permit," is hereby
amended to read:
1. Any conditional use permit that is granted shall be used within two (2)
years from the effective date thereof or within such additional time as may
be set in the conditions or approval, which shall not exceed a total of four
(4) years; otherwise, the permit shall be null and void. Notwithstanding
the foregoing, if a permit is required to be used within less than four (4)
years, the permittee may, prior to its expiration, request an extension of
time pursuant to Section 94.12.00 in which to use the permit. An
extension of time may be granted by the commission upon a
determination that valid reason exists for permittee not using the permit
within the required period of time. If an extension is granted, the total time
period allowed for use of the permit shall not exceed a period of four (4)
years, calculated from the effective date of the issuance of the permit.
Ordinance No. 1925
Page 5
The term "use" shall mean the beginning of substantial construction or
commencement of the use that is authorized, which construction must
thereafter be pursued diligently to completion.
SECTION 4. PSZC Subsection 93.23.07(G)(4), 'Revocation or Voiding of
Conditional Use Permit," is hereby amended to read:
4. 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 commenced, the conditional use permit shall be considered void.
No notice need be given nor hearing held. An extension of time may be
approved pursuant to the requirements of Section 94.12.00.
SECTION 5. PSZC Subsection 94.02.00(F), 'Time Limit for Development," is
hereby amended to read:
F. Time Limit for Development.
Unless otherwise stated by the commission or council, the time limit for
commencement of use or construction under a conditional use permit shall be
two (2) years from the effective date of approval. Extensions of time may be
approved pursuant to the requirements of Section 94.12.00.
SECTION 6. PSZC Subsections 94.02.00(I)(4) and 94.02.00(I)(5), `Revocation
or Voiding of Conditional Use Permit," is hereby amended to read:
4. 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 commenced, the conditional use permit shall be considered void.
No notice need be given nor hearing held. An extension of time may be
approved pursuant to the requirements of Section 94.12.00.
5. Termination of a use granted herein for a period of one (1) 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.
SECTION 7. PSZC Subsection 94.03.00(H), 'Termination of Proceedings," is
hereby amended to read:
H. Termination of Proceedings.
If, within two (2) 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(1), 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
Ordinance No. 1925
Page 6
planned development district shall expire. Extensions of time may be allowed
pursuant to the requirements of Section 94.12.00.
SECTION 8. PSZC Subsection 94.04.00(H), "Extensions of Time," is hereby
amended to read:
H. Extensions of Time.
Extensions of time may be granted pursuant to the requirements of
Section 94.12.00.
SECTION 9. PSZC Subsection 94.06.00(1)(a), 'Revocation or Voiding of
Variance/Time Limits," is hereby amended to read:
(1)(a) Extensions of time may be granted pursuant to the requirements of
Section 94.12.00.
ADOPTED THIS 3RD DAY OF MAY, 2017.
ROBERT MOON, MAYOR
ATTEST:
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
Ordinance No. 1925
Page 7
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, California,
do hereby certify that Ordinance No. 1925 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on April 19, 2017, and
adopted at a regular meeting of the City Council held on May 3, 2017, by the following
vote:
AYES: Councilmembers Kors, Mills, Roberts, Mayor Pro Tern Foat, and
Mayor Moon
NOES: None
ABSENT: None
ABSTAIN: None
RECUSED: None
1�r
KATHLEEN D. HART, MMC
INTERIM CITY CLERK