Desert Hot Springs City Zoning Code
CHAPTER 17
104 HEARINGS AND APPEALS
§ 17.104.010 Purpose.
Provisions of this chapter specify procedures for hearings before the City Council, Planning Commission, and Director and appeals of any requirement, decision or determination made by the Director, or the Planning Commission.
(Prior code § 159.52.010; Ord. 782 6-20-23)
§ 17.104.020 Application processing.
B.
Not fewer than 10 days before the date of a hearing, public notice shall be given of such hearing by all of the following methods:
1.
By one publication in a newspaper of general circulation within the City at least 10 days prior to said hearing. The notice shall state the nature of the request, the location of the property (text or diagram), the date, time, and place of the scheduled hearing, and hearing body;
2.
By mailing, 10 days prior to said hearing, postage prepaid, to the owners of property within a radius of 300 feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners as shown upon the current tax assessor’s records. The list of property owners addresses shall be typed upon gummed labels, together with required postage. The list shall be prepared and certified by the applicant, or a title insurance company, civil engineer or surveyor licensed to practice in California. The notice shall state the nature of the request, location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body; or, in the event that the number of owners and tenants to whom notice would be sent is greater than 1,000, notice may be given at least 10 days prior to the hearing by placing a display advertisement of at least 1/8 page in the newspaper of general circulation within the area affected by the proposed action. The notice shall state the nature of the request, the location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body; and
3.
By mailing, 10 days prior to said hearing, postage prepaid, to the owner of the subject real property or the owner’s authorized agent, and to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the proposed project. The notice shall state the nature of the request, the location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body.
(Prior code § 159.52.020; Ord. 782 6-20-23)
§ 17.104.030 Director investigation.
The Director shall make an investigation of facts bearing on the case to provide the information necessary for action consistent with the intent of this Zoning Ordinance and the General Plan. The Director shall report the findings to the Planning Commission or City Council, as appropriate.
(Prior code § 159.52.030; Ord. 782 6-20-23)
§ 17.104.040 Hearing procedure.
Hearings as provided for in this chapter shall be held at the date, time, and place for which notice has been given as required in this chapter, or as otherwise agreed upon. The summary minutes shall be prepared, or audio tape made and filed in the Planning Department. Any hearing may be continued provided that prior to the adjournment or recess of the hearing, a clear announcement is made specifying the date, time, and place to which said hearing will be continued.
(Prior code § 159.52.040; Ord. 782 6-20-23)
§ 17.104.050 Notice of decision-Director.
The Director shall announce and record his or her respective decisions in writing. The decision shall set forth applicable findings, either for approval or denial, and any conditions of approval. Following the decision, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application.
(Prior code § 159.52.050; Ord. 782 6-20-23)
§ 17.104.060 Notice of decision-Planning Commission.
A.
The Planning Commission shall announce and record its decision at the conclusion of the public hearing. The decision shall set forth the findings of approval or denial of the Planning Commission together with all required conditions of approval deemed necessary to mitigate any impacts and protect the health, safety and welfare of the community.
B.
Following the hearing, a notice of the decision of the Planning Commission, and any conditions of approval shall be mailed to the applicant at the address shown upon the application.
C.
The recommendation with findings of the Planning Commission for the following applications shall be transmitted to the City Council for final action:
(Prior code § 159.52.060; Ord. 782 6-20-23)
§ 17.104.070 Notice of decision-City Council.
A.
The City Council shall announce and record its decision at the conclusion of the public hearing. The decision shall set forth the findings of the City Council and conditions of approval deemed necessary to mitigate any impacts and protect the health, safety and welfare of the City.
B.
Following the hearing, a notice of the decision of the City Council and any conditions of approval shall be mailed by the City Clerk to the applicant at the address shown upon the application.
C.
The decision of the City Council shall be final.
(Prior code § 159.52.070; Ord. 782 6-20-23)
§ 17.104.080 Effective date.
Development Permits approved by the Director shall become effective upon approval, unless appealed to the City Council. Development Permits approved by the Director involving solely matters of landscaping, architecture and design shall become effective upon approval by the Director, unless appealed to the Planning Commission. Minor exceptions, variances, all other Development Permits, and Conditional Use Permits, shall become effective 15 days following the final date of action (i.e., approval by the appropriate review authority). Specific plans, General Plan amendments, Zoning Ordinance amendments, development agreements, and surface mining and land reclamation plans shall become effective 30 days following the final date of action (i.e., adoption) by the City Council. The letter of approval shall constitute the permit, and the resolution or ordinance shall constitute the amendment.
(Prior code § 159.52.080; Ord. 741 10-5-21; Ord. 782 6-20-23)
§ 17.104.090 Appeal of action.
Any determination or action taken by the Director for matters solely involving landscaping, architecture and design must first be appealed to the Planning Commission. The Planning Commission decision may further be appealed to the City Council. Any determination or action taken by the Director for any and all other matters may only be appealed to the City Council. Any action taken by the Planning Commission to approve or disapprove an application may be appealed to the City Council.
(Prior code § 159.52.090; Ord. 741 10-5-21; Ord. 782 6-20-23)
§ 17.104.100 Filing of appeals.
Appeals shall be submitted to the Planning Department on a City application form, fees paid, and shall specifically state the basis of the appeal. An appeal of a Director action shall be filed with the Department within 15 days following the final date of action for which an appeal is made. Appeal of a Commission decision shall be filed with the Planning Department within 15 days following the final date of action for which an appeal is made. Appeal of a City Engineer action shall be filed with the Planning Department within 15 days following the final date of action for which an appeal is made. All appeals relating to subdivision matters shall be made within 15 days following the date of the decision or action for which an appeal is made. Appeals shall be accompanied by a filing fee as specified in Chapter 17.68 (Applications and Fees).
(Prior code § 159.52.100; Ord. 782 6-20-23)
§ 17.104.110 Notice of appeal hearings.
The notice of an appeal hearing shall conform to the manner in which the original notice was given. The appellant shall be responsible for all, if any, noticing materials required in the original application, including postage.
(Prior code § 159.52.110; Ord. 782 6-20-23)
§ 17.104.120 Effective date of appealed actions.
An action of the Director solely for matters involving landscaping, architecture and design appealed to the Planning Commission shall not become final until acted upon by the Planning Commission. If the Planning Commission action is further appealed to the City Council, the action shall not become final until acted upon by the City Council. An action of the Director appealed to the City Council shall not become final until acted upon by the City Council.
(Prior code § 159.52.120; Ord. 741 10-5-21; Ord. 782 6-20-23)
§ 17.104.130 Reapplication.
When an application for a permit or amendment is denied, no application for the same or substantially same permit or amendment shall be filed in whole, or in part, for the ensuing 12 months, except as otherwise specified at the time of denial. The Director shall determine whether the new application is for a permit or amendment which is the same or substantially the same as a previously denied permit or amendment. No decision of the Director shall be effective until a period of 15 days has elapsed following the written notice of decision.
(Prior code § 159.52.130; Ord. 782 6-20-23)
§ 17.104.140 Reconsideration.
In the event that more complete or additional facts or information, which may affect the original action taken on an application by a review authority, are presented, the review authority may reconsider such action taken, if a request for reconsideration is filed with the Planning Department within 15 days following the final date of action. If a public hearing was required in the original review process, another public notice as specified in Section 17.104.020 shall be made prior to the reconsideration of the review authority, and all costs associated with the reconsideration shall be paid by the applicant.
(Prior code § 159.52.140; Ord. 782 6-20-23)