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HomeMy WebLinkAbout3/16/2005 - STAFF REPORTS (10) DATE: March 16, 2005 TO: City Council FROM: Interim Director or Planning Services CASE NO, 5.1036 ZTA — REQUEST INITIATED BY THE CITY OF PALM SPRINGS ADDING SECTION 9.63.015 TO, AND AMENDING 94.00.00 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE SUBMISSION AND REVIEW OF APPLICATIONS FOR DEVELOPMENT ENTITLEMENTS SUBMITTED TO THE PLANNING DEPARTMENT. RECOMMENDATION That the City Council order the filing of a Notice of Exemption and approve adding Section 9,63.015 to, and amending 94.00.00 of the Palm Springs Municipal Code relating to the submission and review of applications for development entitlements submitted to the Planning Department. SUMMARY The Planning Commission, at their February 23, 2005 meeting, voted 7-0 to approve the proposed amendments to the Zoning Ordinance. BACKGROUND These amendments are intended to provide for administrative procedures based upon types of applications submitted to the Planning Department. The purposes of the proposed amendments are as follows: 1. Designate the Planning Director to establish the form of applications for actions pursuant to the Zoning Ordinance. 2. Establish the authority to reject submittals that are not on an acceptable form or that are missing required information. 3. Establish procedures to determine application completeness after an application is submitted to the Planning Department. 4. Provide a mechanism for withdrawal of applications that have been incomplete for an extended period of time. 5. Provide a mechanism to extend time limits for to processing of submitted applications. 6. Require that re-submittal of previously rejected or withdrawn applications shall be on new forms with new information and payment of fees in effect at the time of re-submittal. 7. Provide an administrative process for appeal of the Planning Director's decisions regarding applications. ENVIRONMENTAL ASSESSMENT AND NOTIFICATION The City of Palm Springs, in its capacity as the lead agency for this project, under the California Environmental Quality Act (CEQA) evaluated the potential environmental impacts of the project and determined that the proposed Zoning Ordinance text amendments are exempt pursuant to the "General Rule" [Section 15061(b)(3)] that CEQA applies only to projects that have the potential to cause a significant impact on the environment. The proposed amendments are process-oriented, requiring additional levels of review through the permit process for each IAQyyl-.- 16 0001. applicable future project. Consequently, there is no possibility that the proposed amendments could have a significant effect on the environment. Because the amendments have been found to be exempt based on the "General Rule", no environmental review is necessary. As the proposed Zoning Ordinance amendments are citywide, the number of property owners to be noticed exceeds 1,000. Pursuant to California Government Code Section 65091, a 1/8 page advertisement for the proposed amendments was placed in the Desert Sun. (01 r, , Interim D' Atbr of Planning Services City Manager �d ATTACHMENTS 1. Draft Ordinance 000z PROOF OF PUBLICATION This is space for Comity Clerk's Filing Stamp (2015.5.C.C.P) STATE OF CALIFORNIA - County of Riverside No, 1322 NOTICE OF CITY COUNCIL MEETING NOTICE OF PUBLIC HEARING CITY OF PALM SPRINGS Case No 5.1036 ZTA Zoning Ordinance Text Amendment and Municipal Cade Amendment to establish procedures regarding applications submitted to the Planning Department I am a citizen of the United States and a resident of and Notice of Exemption from CEQA the County aforesaid;I am over the age of eighteen Applicant: City of Palm Springs years,and not a party to or interested in the NOTICE IS HEREBY GIVEN that the City Council above-entitled matter.I am the principal clerk of a of the City of Palm Springs, California, will hold a public hearing at Its meeting of March 16. 2005. tinter of the,DESERT SUN PUBLISHING The City Council meeting begins at 7:00 p.m m p the Council Chamber at City Hall,3200 East Tao- COMPANY a newspaper of general circulation, calm canyon Way, Palm Springs. printed and published in the city of Palm Springs, The putpose of the Hearing is to comrder Case County of Riverside,and which newspaper has been No. 1036 ZTA, a request initiated by the City of Palm 6pro s to amend the Cit 's Zoning Code, adjudged a newspaper of general circulation by the chapter 9 .. 0, Section 94.00.t�0 (^A ocatlon") and Sactlon 94.00.01 ("Uses Permittetl")and Mu- Superior Court of the County of Riverside,State of nicipal Code, Title g, o establish procedures ra- California under the date of March 24 1988.Case garaing applications submitted to the Planning apartment. The intent of the proposed amend- Number 191236; that the notice,of which the ments is as follows: 1)Designate the Planning DI- rector to establish the form of applicatons for ac- aneXed is a printed copy(set in type not smaller tions pursuant to the Zoning Ordin 1l names,2) Estab- lish the authonN to reject submittals that are not than non pariel,has been published in each regular on an acceptable for or that are missing re- quired information,3)Establish procedures to de- and entire issue of said newspaper and not in any termine application no lateness after an appli- supplement thereof on the following dates,to wits cation is submitted to tha Planning Department; 4)Prov11 a mechanism for withdrawal or applica- tions tnat-have been incomplete far an extended r� periotl of time;5)Require that re-submittal of pre- March 5 viouely rejected or withdrawn applications shall e, on new farms with new information and pa ment -------_-----------------_-------------_____________________ of fees in effect at the time of re-submittal; 6) Provide an administrative process for appeal of the Planning Director's decisions regarding appli- ________________________________ cations. All in the year 2005 The City of Palm Springs, In its capaatyy as the lead agency for this project, under the Gal,forno Environmental Quality Act (CEQA) evaluated the I certify or declare under penalty Of perjury that the potential environmental impacts of the project ( P and determined that the proposed Zoning Ordi- foregoing is true and correct. nance text amendments and Municipal Code amendment are exempt ursuant to the "General Rule" [Section 15061(b)(3 that CEQA applies on- Doled at Palm Springs,California this----11 m ' ,ly to projects that have 'te potential to cause a ----day sigmhcant impact on the environment.The pro- am endments are process-oriented, regwr- ing additional levels of review through the ppermit Of------Mal'c11---------,200$ process for each applicable future project.Conse- quently, there is he possibility that the proposed - /'� amendments no have a esignificantendeffect on have 1 Q _. ( /_ the environment. Because the amendments have S`$l,J �a-�5(-R� been found to be exempt, no environmental ie- __.___ view is necessary. Signature If any group challenges the action in court,issues g raised may be limited to only those issues raised at the public hearing described in this notice or in W a written correspondence to the City Clerk at, or d`i'•` prior to the City Council hearing. 141 } Dyads' �','.. An opportunity will be given at said hearing for all interested persons to be heard.Questions regard- " Ing this case may be directed to.Gary Wayne, In- term Director of Planning Services, at (760) 323-8245. Si necesita ayuda con esta carte,porfavor Ilame a NIs Ciudad de Palm Steen y puede hablar can adine Fogr?telefono (760) 323-8245. JAMES I'HOMPSON City Clerk _ ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 9.63.015 TO, AND AMENDING 94.00.00 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE SUBMISSION AND REVIEW OF APPLICATIONS FOR DEVELOPMENT ENTITLEMENTS SUBMITTED TO THE PLANNING DEPARTMENT. CitV AttorneV's Summary The current Palm Springs Municipal Code is silent on the issue of adequacy of application submissions for discretionary land use entitlements, including applications for subdivision maps, zone changes, conditional use permits, and variances. This ordinance requires the Planning Director to prepare standard forms of application, requires the Planning Director to reject incomplete applications, and provides for the manner in which applications will be reviewed and determinations of completeness will be made. Determinations and decisions of the Planning Director in regard to the handling of applications will be subject to appeal to the Planning Commission and the City Council as provided in the Code. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS: SECTION 1. Section 9.63.015 is added to the Palm Springs Municipal Code to read: 9.63.015 Applications. (a) The Planning Director shall prescribe the form of applications for the entitlements provided under this Title of the Code. The Planning Director or the Planning Director's designee may prepare and provide application forms and shall prescribe the type of information to be provided with the application by the applicant. No application shall be accepted unless it is in the proper form and contains all required information. The application shall be filed with the development processing coordinator who shall forthwith deliver the application to the Planning Director. (b) The Planning Director shall consult with appropriate departments concerning the application and shall within thirty days after the application has been filed with the development processing coordinator determine in writing whether the application is complete and shall transmit the determination to the applicant. The written determination shall specify those parts of the application, which are incomplete and shall indicate the manner in which the application can be made complete. The written 0003 determination shall include a list and description of the specific information needed to complete the application. Within thirty days of any re-submittal of the application or submittal of materials in response to the written determination, the Planning Director shall determine in writing whether the application, together with the subsequently submitted materials, constitute a complete application and shall immediately transmit the determination to the applicant. Re-submittals shall contain all of the requested information or materials and shall not be made piece meal. When a determination that an initial application is incomplete has been transmitted to the applicant, the applicant shall have six months from the date the application was initially filed to either resubmit the application or submit the information specified in the determination. Failure of the applicant to resubmit the application or to submit the materials in response to the determination within the six months shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn a new application must be submitted and shall be subject to new fees pursuant to the fee schedule in effect at the time of re-submittal. (c) If the application together with the materials submitted in response to a determination of completeness is determined by the Planning Director to not be complete pursuant to this section the applicant may appeal the decision in writing to the Planning Commission pursuant to Chapter 2.05, The applicant may also appeal the decision of the Planning Commission to the City Council pursuant to Chapter 2.05. The City Council shall make a final written determination of the completeness of the application not later than sixty calendar days after the receipt of the applicant's written appeal. (d) Failure by the City to meet the deadlines specified in this section shall cause the application to be deemed complete. The failure of the applicant to meet any of the time limits specified in this section shall be deemed to constitute withdrawal of the application. Nothing in this section precludes an applicant and the Planning Director, on the Planning Director's initiative or at the direction of the City Council or City Manager, from mutually agreeing to an extension of any time limit provided in this section. SECTION2. Section 94.00.00 is amended to read as follows: 94.00.00 General Provisions. A. Uses Permitted. Building, structures and land shall be used, designed, erected, structurally altered or enlarged only for the purposes permitted in the zone in which such building or land is located and then only after applying for and securing all permits and licenses required by law and ordinance. B. Applications. 1. The Planning Director shall prescribe the form of applications for the entitlements provided under this Title of the Code. The Planning Director or the Planning Director's designee may prepare and provide application forms and shall prescribe the type of information to be provided with the application by the 0604 applicant. No application shall be accepted unless it is in the proper form and contains all required information. The application shall be filed with the development processing coordinator who shall forthwith deliver the application to the Planning Director. 2. The Planning Director shall consult with appropriate departments concerning the application and shall within thirty days after the application has been filed with the development processing coordinator determine in writing whether the application is complete and shall transmit the determination to the applicant. The written determination shall specify those parts of the application, which are incomplete and shall indicate the manner in which the application can be made complete. The written determination shall include a list and description of the specific information needed to complete the application. Within thirty days of any re-submittal of the application or submittal of materials in response to the written determination, the Planning Director shall determine in writing whether the application, together with the subsequently submitted materials, constitute a complete application and shall immediately transmit the determination to the applicant. Re-submittals shall contain all of the requested information or materials and shall not be made piece meal. When a determination that an initial application is incomplete has been transmitted to the applicant, the applicant shall have six months from the date the application was initially filed to either resubmit the application or submit the information specified in the determination. Failure of the applicant to resubmit the application or to submit the materials in response to the determination within the six months shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn a new application must be submitted and shall be subject to new fees pursuant to the fee schedule in effect at the time of re-submittal. 3. If the application together with the materials submitted in response to a determination of completeness is determined by the Planning Director to not be complete pursuant to this section the applicant may appeal the decision in writing to the Planning Commission pursuant to Chapter 2.05. The applicant may also appeal the decision of the Planning Commission to the City Council pursuant to Chapter 2.05. The City Council shall make a final written determination of the completeness of the application not later than sixty calendar days after the receipt of the applicant's written appeal. 4, Failure by the City to meet the deadlines specified in this section shall cause the application to be deemed complete. The failure of the applicant to meet any of the time limits specified in this section shall be deemed to constitute withdrawal of the application. Nothing in this section precludes an applicant and the City from mutually agreeing to an extension of any time limit provided in this section. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. G05 SECTION 4. PUBLICATION. The City Clerk is hereby ordered to and directed to certify to the passage of this Ordinance, and to cause the same or summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. PASSED AND ADOPTED THIS DAY OF 2005. AYES: NOES: ABSTAIN: ABSENT: RONALD ODEN, MAYOR ATTEST: James Thompson, City Clerk