Desert Hot Springs City Zoning Code
CHAPTER 17
128 SPECIFIC PLANS
§ 17.128.010 Purpose.
The purpose of this chapter is to establish uniform procedures for the adoption and implementation of specific plans for the coordination of future development within the City, pursuant to Government Code Section 65450 et seq.
(Prior code § 159.64.010)
§ 17.128.020 Pre-submittal and preparation of specific plans.
A.
A pre-submittal application and fee are required prior to filing a formal specific plan application. A preapplication conference with Department representatives is required prior to filing of the formal specific plan application.
B.
The specific plan and Environmental Impact Report (EIR), if required, shall not be prepared by the same consulting firm.
C.
Consultants and/or the applicant may be responsible for preparation and advertisement of the Notice of Preparation (NOP) and the Notice of Completion (NOC) for the EIR, if an EIR is required.
D.
Prior to the preparation of a specific plan or EIR, the applicant may be required to hold a public scoping meeting to identify potential community impacts and concerns about the project. If held, public notice of the scoping meeting is required. Noticing procedures shall be defined by the Department at the preapplication conference.
(Prior code § 159.64.020)
§ 17.128.030 Content of specific plan.
A specific plan application shall include a text and a diagram(s) that contain all of the provisions outlined in Government Code Sections 65451 and 65452 in addition to all data and related exhibits required by the Department.
(Prior code § 159.64.030)
§ 17.128.040 Hearings and notice.
Upon receipt in proper form of a specific plan application, or direction of the City Council, and following Department review, hearings shall be set before the Commission and City Council. Notice of the hearings shall be given pursuant to the requirements of Chapter 17.104 (Hearings and Appeals).
(Prior code § 159.64.040)
§ 17.128.050 Commission action on specific plans.
The Commission shall make a written recommendation on the proposed specific plan whether to approve, approve in modified form or disapprove, based upon the findings contained in Section 17.128.070. Commission action recommending that the proposed specific plan be approved, approved in modified form, or denied shall be considered by the City Council following Commission action.
(Prior code § 159.64.050)
§ 17.128.060 Council action on specific plans.
Upon receipt of the Commission’s recommendation, the City Council may approve, approve with modifications, or disapprove the proposed specific plan based upon the findings contained in Section 17.128.070. Prior to City Council action, the City may require that all land within the scope of the specific plan shall be incorporated within the City.
(Prior code § 159.64.060)
§ 17.128.070 Findings.
A specific plan may be adopted only if all of the following findings are made:
A.
The proposed plan is consistent with the General Plan;
B.
The proposed plan would not be detrimental to the public interest, health, safety, convenience, or welfare of the City;
C.
The subject property is physically suitable for the requested land use designation(s) and the anticipated land use development(s);
D.
The proposed plan shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood; and
E.
The proposed plan will contribute to a balance of land uses so that local residents may work and shop in the community in which they live.
(Prior code § 159.64.070)
§ 17.128.080 Specific plan consistency.
No public works project, tentative map or parcel map, or other land use entitlement may be approved, adopted or amended within an area covered by a specific plan, unless found consistent with the adopted specific plan.
(Prior code § 159.64.080)
