Desert Hot Springs City Zoning Code
CHAPTER 17
92 DEVELOPMENT PERMITS
§ 17.92.010 Purpose.
Procedures for the processing of Development Permits are intended to protect the integrity and character of the residential, commercial and industrial areas of the City, through the application of the provisions of this chapter consistent with the General Plan. At the time of application submittal a review of the location, design, configuration and impact of the proposed use shall be conducted by comparing such use to established standards and design guidelines. This review shall determine whether the permit should be approved by weighing the public need for the benefits to be derived from the use against the impacts it may cause.
(Prior code § 159.44.010; Ord. 782 6-20-23)
§ 17.92.020 Application.
Application for a Development Permit shall be filed in a manner consistent with the requirements contained in Chapter 17.68 (Applications and Fees).
(Prior code § 159.44.020; Ord. 782 6-20-23)
§ 17.92.030 Applicability.
Development Permits shall be required for all applicable uses and structures permitted by this Zoning Ordinance pursuant to Table 17.64.01. Specifically, a permit shall be required under the following circumstances:
B.
Development Permits—Minor (Review by the Director or designee);
C.
Development Permits—Major (Review by the Planning Commission);
1.
New construction on vacant lot,
2.
Single-family housing subdivisions,
3.
Major additions to existing commercial, industrial, or mixed-use buildings more than 20% of the square footage of the existing structure, or subject to CEQA,
4.
Multi-family housing developments consisting of 21 units or more,
5.
All other improvements, other than those listed above/subject to zoning compliance/approval.
(Prior code § 159.44.030; Ord. 782 6-20-23)
§ 17.92.040 Project review.
A.
Development Permit applications shall be analyzed to assure that the applications are complete and consistent with the intent and the purpose of this chapter. To ensure effective implementation of General Plan policies relating to design guidelines, each application for a Development Permit shall be reviewed by the Planning Director for completeness prior to Planning Commission review and possible action.
B.
A Development Permit shall not be granted if the underlying property or properties in question have been issued a Code Compliance Notice of Violation/Notice to Abate or are otherwise in violation of the Desert Hot Springs Municipal Code. Notwithstanding, a Development Permit may be granted if the application for same includes remedying any and all municipal code violations.
(Prior code § 159.44.040; Ord. 782 6-20-23)
§ 17.92.050 Hearings and notice.
Upon receipt in proper form of a Development Permit application, a hearing shall be set and notice of the hearing given in a manner consistent with Chapter 17.104 (Hearings and Appeals) for an application in which the Planning Commission is the final review authority, or where the proposed commercial or industrial development is adjacent to a residential land use district.
(Prior code § 159.44.050; Ord. 782 6-20-23)
§ 17.92.060 Findings.
Following a hearing, the appropriate review authority, as outlined in Table 17.64.01, shall record the decision in writing and shall recite therein the findings upon which any such decision is based. The review authority may approve and/or modify a Development Permit in whole or in part, and shall impose specific development conditions. These conditions shall relate to both on- and off-site improvements that are necessary to mitigate project-related adverse impacts, and to carry out the purpose and requirements of the respective land use district. The review authority may approve a Development Permit, only if all of the following findings are made:
A.
The proposed use is consistent with the General Plan;
B.
The proposed use is permitted within the subject land use district and complies with all of the applicable provisions of this Zoning Ordinance, including prescribed development standards and design guidelines;
C.
The subject site is physically suitable for the type and intensity of the land use being proposed;
D.
The proposed development would be compatible with existing and future developments within the land use district and general area;
E.
There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use is not detrimental to public health and safety;
F.
There is adequate public access and roadway capacity to serve the subject proposal;
G.
There are no significant harmful effects upon environmental quality and natural resources;
H.
Any negative impacts of the proposed use can and shall be mitigated; and
I.
The proposed location, size, design, and operational characteristics of the planned use are not detrimental to the public interest, health, safety, convenience, or welfare of the City.
(Prior code § 159.44.060; Ord. 782 6-20-23)
§ 17.92.070 Development Permit expiration/time extension.
A.
Unless otherwise permitted by law, a Development Permit shall have a maximum term of 5 years from the date of approval.
B.
The initial term of the Development Permit shall be 2 years.
C.
An extension may be granted prior to the expiration of the permit by submitting an application and paying fees. The applicant may request 1 extension at a time for up to 1 year to the Planning Director requesting the extension and reasons for the extension, not to exceed a total extension time of 3 years. Upon receipt of the application, the Planning Director or designee shall have the authority to approve, approve with modifications to the approved conditions, add additional conditions, or deny the request.
D.
Development Permits which are not exercised by the commencement of construction within 2 years from the date of approval shall become null and void, unless extended. In addition, if after issuance of a building permit, work is discontinued for a period of 1 year, the Development Permit shall become null and void, unless extended.
E.
If after issuance of a grading permit, work is discontinued for a period of 6 months, then the Development Permit shall become null and void, unless extended. Projects may be built in phases if pre-approved by the review authority. If a project is built in preapproved phases, each subsequent phase shall have 2 years from the previous phase’s date of construction commencement to the next phase’s date of construction commencement to have occurred, or the Development Permit shall become null and void.
F.
The Development Permit shall become null and void if the project is not operational by the end of the 5th year from the date of approval of the Development Permit. In instances where the applicant has made substantial progress in meeting the requirements of the Development Permit defined as 90% of the project cost, the Director may grant an additional extension to complete the project. Such extension shall not be more than 1 year.
(Prior code § 159.44.070; Ord. 726 10-6-20; Ord. 782 6-20-23)
§ 17.92.080 Use of property before final decision.
No permit shall be issued for any use involved in an application for approval of a Development Permit until, and unless, the same shall have become final, pursuant to Section 17.104.080 (Effective date).
(Prior code § 159.44.080; Ord. 782 6-20-23)
§ 17.92.090 Modification of Development Permit.
§ 17.92.110 Revocation.
A.
The City may initiate proceedings to revoke or modify a Development Permit granted pursuant to the provisions of this chapter. The hearing shall be conducted pursuant to applicable sections of Chapter 4.36 of the Desert Hot Springs Municipal Code, as may be amended from time to time. The decision of the Hearing Officer shall be final.
B.
A Development Permit may be revoked or modified if any of the following findings can be made:
1.
That circumstances have changed so that one or more of the findings contained in Section 17.92.060 can no longer be made;
2.
That the Development Permit was obtained by misrepresentation or fraud;
3.
That the use for which the Development Permit was granted had ceased or was suspended for 6 or more consecutive calendar months;
4.
That one or more of the conditions of the Development Permit have not been met;
5.
That the use is in violation of any statute, ordinance, law, or regulation; or
6.
That the use permitted by the Development Permit is detrimental to the public health, safety, or welfare or constitutes a nuisance.
(Prior code § 159.44.110; Ord. 695 10-15-19; Ord. 782 6-20-23)
§ 17.92.120 Performance guarantee.
The developer may be required to provide performance security in a manner similar to that set forth in Section 16.08.230 for the faithful performance of any or all conditions of approval.
(Prior code § 159.44.120; Ord. 782 6-20-23)