HomeMy WebLinkAbout5/3/2017 - STAFF REPORTS - 1.K. ;Op pPLM S,.
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[( aN, City Council Staff Report
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DATE: May 3, 2017 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1925, AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
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.
FROM: David H. Ready, City Manager
BY: Office of the City Clerk
SUMMARY:
The City Council will consider adoption of Ordinance No. 1925.
RECOMMENDATION:
Waive the second reading of the ordinance text in its entirety, read by title only, and adopt
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."
STAFF ANALYSIS:
On April 19, 2017, Ordinance No. 1925 was introduced for first reading, as noted below:
2.B. PROPOSED ORDINANCE FOR A ZONE TEXT AMENDMENT
RELATING TO THE CRITERIA AND PROCEDURES FOR THE REVIEW
OF EXTENSION OF TIME APPLICATIONS (CASE 5.1405 ZTA):
Flinn Fagg, Director of Planning Services, provided information as noted in
the Staff Report.
Councilmember Kors spoke of the following:
1) Requested clarification in Subsection 93.23.07(F)(1) with respect to the
number of years.
2) Requested adding to the ordinance language the City Council will be
notified in writing of the Planning Commission's decision and posting the
Planning Commission's decision on the website.
3) Asked for clarification, if the Planning Commission approved the changes
with respect to Section 94.12.00, and if the Director of Planning Services
ITEM NO. 1 K.
ADOPTION OF ORDINANCE NO. 1925
May 3, 2017
Page 2 of 3
agrees with the suggested modifications. The Director of Planning
Services responded YES to both.
Councilmember Roberts requested clarification with respect to the extension
of time process.
At 6:57 p.m. Mayor Moon opened the Public Hearing, no one came forth to
address the City Council; therefore, at 6:57 p.m. Mayor Moon closed the
Public Hearing.
Councilmember Kors noted on Page 7 of the staff report under D.1., third line
down the word should be 'they'not 'the'.
Councilmember Kors asked if it is possible to require a super majority of both
the Planning Commission and City Council to have the ability to approve an
extension of time. Further, he stated he understands there are extending
circumstances and situations beyond their control.
Councilmember Roberts voiced concerns.
1. Market conditions, the economy often affects the developments i.e.
economic downturn.
2. Understands the four year time limit, has concern limiting it to four (4)
years.
3. How will it be determined if an economic downturn exists?
Councilmember Kors stated support for the projects to return for approval,
due to changes. Additionally, he spoke of the noticing requirements, currently
the property owners are notified, and recommends notifying the tenants of
the public hearings.
Mayor Moon stated the Planning Commission approved this 7-0.
ACTION: Waive the reading of the ordinance text in its entirety, read by title
only, and introduce on first reading Ordinance No. 1925, "AN ORDINANCE
OF THE CITY OF PALM SPRINGS, CALIFORNIA, 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" with the
following amendments:
1. Section 94.12,00, E. Amending the last paragraph to "The decision of
the planning commission is final on the 11t day after notice of the
decision is provided to the applicant and to city council and posted on
02
ADOPTION OF ORDINANCE NO. 1925
May 3, 2017
Page 3 of 3
the City's website, unless appealed to the City Council in the manner
provided by Chapter 2.05 of the Palm Springs Municipal Code.
2. Subsection 93.23.07(F)(1). Changing all references from five (5)
years to four (4) years.
Motion by Councilmember Kors, seconded by Councilmember Roberts,
and carried 3-0 on a roll call vote.
AYES: Councilmembers Kors, Roberts, and Mayor Moon
NOES: None
ABSENT: Councilmember Mills and Mayor Pro Tern Foat
This report provides for the City Council to waive further reading and adopt the ordinance.
The ordinance shall be effective 30-days from adoption.
Kathleen D. Hart, MMC David H. Ready, Esq .
Interim City Clerk City Manager
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Attachment:
Ordinance No. 1925
03
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.
04
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.
Ua
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
the 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
as
Ordinance No. 1925
Page 4
circumstances are more likely than not to be removed in time
for the applicant to substantially begin the project within the
extended period.
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 Citv'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 five (5) 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 €ive (6) four 4 years, the
617
Ordinance No. 1925
Page 5
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 five (5) four 4 years, calculated from the effective date of
the issuance of the permit. The term "use" shall mean the
beginning of substantial construction 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
commended, or the use permitted by the conditional use permit
does not exist, 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(1)(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, 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
ij 8
Ordinance No. 1925
Page 6
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 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:
NOES:
ABSENT:
ABSTAIN:
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
10
The Desert Sun
750 N Gene Autry Trail Certificate of Publication
Palm Springs, CA 92262
760-778-45781 Fax 760-778-4731 RECEIVED
^,IT Y OF PALM SPRING,
State Of California ss: 2111 MAY 22 AM 8: 32
County of Riverside
OFFICE OF IHE Cil'f CLLi:i!
Advertiser: CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 92263
Order# 0002136179
1 am over the age of 18 years old, a citizen of
the United States and not a party to,or have
interest in this matter. I hereby certify that the
attached advertisement appeared in said
newspaper(set in type not smaller than non
pariel)in each and entire issue of said
newspaper and not in any supplement thereof
on the following dates,to wit:
Newspaper: The Desert Sun
5/13/2017
I acknowledge that I am a principal clerk of the N00674: ORDINANCE NO.1925
Tinter of The Desert Sun, anted and AN ORDINANCE OF THE CRY OF PALM SPRINGS ADOPTING AMENDMENTS TO
P P CHAPTER M40 OF THE PALM SPRINGS ZONING CODE(PSZQ RELATING TO THE
weekly in the City of Palm Springs, �AA PROCEDURES FOR THE REVIEW OF EXTENSION OF TIME(EDT)AP-
publishedCoun of Riverside, State of California.The City Attorney Summary
The Proposed ordinance will establish standardized application Procedures and
Desert Sun was adjudicated a Newspaper of a Iht of aiterla to be Considered in evaluating requests for extensions of eMltle-
ment applications. CERTIFICATION
general circulation on March 24, 1988 by the STATE OF CALIFORNIA )
Superior Court of the County of Riverside, COUNTY OF RIVERSIDE
State of California Case No. 191236. CITY OF PALM SPRINGS >
1,KATHLEEN D.HART,Interim City Clerk of the City of Palm Springs,California,
do hereby certify that Ordinance No.1925 is a fui,true,and correct COPY,and
19,2017 and adopted atlarregu arm mOf eeting of the Springs
Council held on Mall
2017,by the following vote:
AYES: Counciknembors KOHL Mills,Roberts,Mayor Pro Tern Foat and
I declare under penalty of perjury that the May"Moon
P LY P l ry NOES: None
foregoing is true an correct. Executed on AAaS AIN: N°one
USED-. None
this 13th day D Y, 2017 in Palm Springs, KA H EEN D.HART,MMc
/ INTERIM CT'CLERK Published:SM3/17
California.
/ r1
eclar
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.
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
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
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.
E. Decision.
Ordinance No. 1925
Page 4
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.
The term "use" shall mean the beginning of substantial construction or
Ordinance No. 1925
Page 5
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(1)(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(I), 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
planned development district shall expire. Extensions of time may be allowed
Ordinance No. 1925
Page 6
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
KATHLEEN D. HART, MMC
INTERIM CITY CLERK