A.

Purpose. Chapters 9.200 through 9.260 set forth the procedures for processing development review applications and the criteria and conditions necessary so that an appropriate decision may be made by the city on each such application.

B.

Applicable State Law. It is intended that the provisions of this chapter shall be consistent and in full compliance with Section 65920 et seq., and other applicable sections of the State Government Code and that such provisions shall be so construed.

C.

Persons Who May File Applications. An application for a permit or other action under Chapters 9.200 through 9.260 may be submitted only by a property owner of the subject property, by an agent with notarized written authorization from the property owner, or by a public agency.

D.

Application Filing. Applications shall be filed with the planning department on forms prescribed by the director, together with: (1) all maps, plans, documents and other materials required by the director, and (2) all required fees per Chapter 9.260. The director shall provide the necessary forms plus written filing instructions specifying all materials and fees required to any requesting person at no charge.

E.

Legal Actions. Any action or proceeding to challenge, attack, review, set aside, void or annul any discretionary action described in this chapter shall be governed by the applicable provisions of the State Planning and Zoning Law (Government Code Section 65000 et seq.).

F.

Projects Located in the Vicinity of an Airport. Any project proposed on a site located within either the Land Use Plan or the noise contours of either the Bermuda Dunes or the Jacqueline Cochran airports shall be submitted to the Riverside County Airport Land Use Commission for review prior to review and approval by the city reviewing authority.

(Ord. 550 § 1, 2016; Ord. 538 § 6, 2016; Ord. 284 § 1, 1996)

A.

Any potential project applicant has the option to file a conceptual design review (CDR) to ascertain anticipated conditions, requirements and costs associated with a proposal. This allows the applicant to be informed of any potentially significant issues which may affect any decision to pursue the project. This process offers the following advantages:

1.

Provides a comprehensive overview of city applications, fees, and other requirements necessary to obtain project approval, in writing;

2.

Provides previous project background which can speed up the formal approval process when the project is submitted;

3.

The written information can be used as the basis for an estimate of project costs, in order to determine a project's viability.

Submittal for this process shall include completion of an application and supplemental documentation as determined by the director.

B.

Within thirty (30) calendar days of receipt of a conceptual design review application, a review letter shall be issued to the applicant, incorporating all comments received during the review period.

(Ord. 594 §§ 1, 2(Exh. A), 6-1-2021; Ord. 588 § 2(Exh. A), 2-2-2021; Ord. 550 § 1, 2016)

Editor's note— Ord. 588 § 2(Exh. A), adopted Feb. 2, 2021, amended the title of § 9.200.015 from "Preliminary review" to "Conceptual design review," as herein set out.

A.

Decision-Making Authority. Table 9-23 specifies the decision-making authority for each of the various actions described in this code. An "A," "PH" or "CC" means that the official or body at the top of the column has decision-making authority for the application. An "A" means that the application is reviewed administratively without a public hearing. A "PH" means that a public hearing is required before action is taken. An "R(PH)" means that the planning commission is responsible for holding a public hearing and forwarding a recommendation to the city council. A "CC" means that the city council is responsible for considering the site development permit as a consent calendar item.

Table 9-23 Discretionary Review Authority

*By director.
**By director of building and safety.
***Subject to the provisions of Section 9.210.010.
****Also see Title 13, Subdivisions.

B.

Administrative Action. Actions to be taken administratively per Table 9-23 are those which are relatively minor in nature and with relatively little potential for adverse impacts on the surrounding community or the environment. A public hearing or public notification is not required for administrative actions, although the director may notify residents or property owners near the subject property if the director determines on a case-by-case basis that the public interest would be served by such notification.

C.

Public Hearings. Public hearings shall be noticed and held in accordance with Section 9.200.110 for those applications shown in Table 9-23 as requiring a hearing.

(Ord. 562 § 1, 2017; Ord. 550 § 1, 2016; Ord. 538 § 6, 2016; Ord. 425 § 1, 2006; Ord. 284 § 1, 1996)

At the discretion of the director, applications for different types of actions may be combined and processed concurrently so long as all applicable processing requirements and all required findings are satisfied. The following rules shall apply to such combined applications:

A.

When an application requiring a public hearing is combined with one not requiring a public hearing, the combined application shall require a public hearing.

B.

The final decision on the combined application shall be made by the highest applicable decision-making authority pursuant to Table 9-23. For example, the decision on an application combining a zone change and a conditional use permit shall be made by the city council.

C.

The applicable fee(s) shall be collected in accordance with Chapter 9.260.

(Ord. 550 § 1, 2016; Ord. 538 § 6, 2016; Ord. 284 § 1, 1996)

A.

Applicability of Permits to Property. All rights granted by the approval of a development review permit remain with the affected property and all entitlements, conditions and requirements of a discretionary permit are passed on to the new property owner when there is a change of ownership.

B.

Enforceability of Permit Provisions. All conditions, requirements and standards specified either in writing or graphically as part of any approval granted by authority of this chapter shall have the same force and effect as this zoning code. Any land use or development established as a result of an approval which is not in compliance with all such conditions, requirements or standards shall be in violation of this chapter, and the enforcement provisions of the municipal code shall be applicable.

(Ord. 550 § 1, 2016; Ord. 538 § 6, 2016; Ord. 284 § 1, 1996)

A.

Acceptance of Applications as Complete. Within thirty (30) days of receipt of a permit application, the director shall determine whether the application is complete and shall transmit such determination to the applicant. If the application is determined not to be complete, the director shall specify in writing those parts of the application which are incomplete and shall indicate the manner in which they can be made complete.

B.

Preparation of Environmental Documents. When it is determined that an environmental impact report or a negative declaration is required for a proposal, the application for that proposal shall not be deemed complete until the applicant has deposited with the planning division sufficient funds to pay for the cost of completion of the environmental impact report or negative declaration. The director shall determine the amount of funds required to be deposited for the preparation of an environmental impact report or negative declaration and shall advise the applicant of that amount within ten (10) days after the application is filed.

(Ord. 550 § 1, 2016; Ord. 538 § 6, 2016; Ord. 284 § 1, 1996)

A.

Possible Actions. The decision-making authority may take one (1) of the following actions on each application:

1.

Approval. Simple approval of an application means that no conditions or requirements other than those specified by the application are imposed. After the action's effective date defined in subsection C of this section and after approval of any required plan revisions per subsection D of this section, the proposed land use or development may be established in compliance with all applicable regulations and the approved project plans and specifications.

2.

Approval with Conditions. Any application may be approved subject to compliance with conditions. Conditions may require dedication of land, installation of improvements, the posting of financial security to guarantee performance, design modifications or other conditions necessary to achieve the objectives of the general plan and this zoning code. After the action's effective date as defined in subsection C of this section and after approval of any required plan revisions per subsection D of this section, the proposed land use or development may be established in compliance with all applicable regulations, the approved project plans and specifications, and the requirements of the conditions of approval.

3.

Denial. When a conditional use permit or site development permit application has been denied, an application for the same or a similar use on the same property shall not thereafter be accepted for a period of one (1) year from the date of final determination, except that the decision-making authority may specify that this time limitation shall not apply. This time limitation on resubmittal of applications is not applicable to other discretionary permits.

4.

Withdrawal. With the concurrence of or at the request of the applicant, any application may be withdrawn. When an application is withdrawn, such action is effective immediately and is not subject to appeal. Thereafter, such application shall be null and void and the property shall have the same status as if no application had been filed.

B.

Action in Writing. The decision on each application, including any required findings and any other reasons that serve to explain the determination plus all conditions of approval shall be in writing. A copy of the written determination shall be forwarded to the applicant following the date of final determination and shall be made available at cost to any person requesting such a copy.

C.

Effective Date. The determination of the decision-making authority by resolution shall be effective immediately unless appealed. Ordinances shall be effective thirty (30) days after second reading unless adopted as an urgency or emergency ordinance as shall be effective as authorized under law.

D.

Tie Votes.

1.

Development Review Applications. If action on a development review application results in a tie vote by the decision-making authority, such vote shall constitute a lost motion.

2.

Appeals. When all members of a decision-making authority are present, a tie vote on whether to grant an appeal shall be considered a denial of the appeal. The original action shall then stand unless the decision-making authority takes other action to further consider the matter. If a tie vote occurs when less than all members of the decision-making authority are present, the matter shall automatically be continued to the next regular meeting unless otherwise ordered by the decision-making authority.

E.

Use of More Restrictive Standards. In conjunction with approval of a development review permit, the decision-making authority may impose more restrictive site development standards than set forth in this code in order to make the required findings for each type of permit as specified in Chapter 9.210.

(Ord. 550 § 1, 2016; Ord. 538 § 6, 2016; Ord. 284 § 1, 1996)

A.

Development review applications shall be processed within the time limits specified in Chapter 4.5 of the State Planning and Zoning Law (Government Code Section 65920 et seq.). Time periods specified in Section 9.200.120 regarding actions on appeals shall be in addition to the preceding Government Code time limits.

B.

Incomplete Application Sunset Provisions. All applications which remain incomplete or inactive for a minimum six (6)-month period shall have a written thirty (30)-day warning notification forwarded to the applicant by means of certified mail or similar method. If no action is taken by the applicant regarding the application within thirty (30) days thereafter, the application shall automatically be withdrawn and closed.

(Ord. 550 § 1, 2016; Ord. 538 § 6, 2016; Ord. 466 § 1, 2009; Ord. 284 § 1, 1996)

A.

Period of Validity. The period of validity for a development review permit shall begin on the permit's effective date as set forth in Section 9.200.060. The period of validity shall run pursuant to subsection C of this section.

B.

Establishment. A development review permit shall be deemed established if the following actions occur within twenty-four (24) months of the effective date of the approval or within such other time period designated by the approval:

1.

In the case of a development review permit where ministerial permits are required, such permits have been issued.

2.

In the case of a development review permit where no ministerial permits are required, the use authorized by the permit has been established. In circumstances where a certificate of occupancy is required, such certificate has been issued.

C.

Expiration. A development review permit shall expire and be of no further force or effect if:

1.

The permit is not established within twenty-four (24) months of the permit's effective date or such other time period designated by the permit approval, by state law or by this code; or

2.

After establishment, the use or activity for which the permit was approved is discontinued or abandoned for a period of one (1) year.

D.

Time Extensions.

1.

Upon application before expiration of the period of validity, the original decision-making authority may grant an extension to the period of validity for up to two (2) years if it finds that such an extension is justified by the circumstances of the project. The filing of an application for extension shall stay expiration of the permit until action is taken on the time extension by the decision-making authority unless the application has been deemed incomplete and inactive pursuant to Section 9.200.070(B).

2.

Projects not requiring a time extension may be constructed in accordance with the requirements and standards in effect at the time of permit approval provided the construction complies with all project conditions of approval and all laws in effect at the time of the permit approval. However, any project or permit requiring a time extension shall conform to the requirements and standards in effect at the time the extension is granted.

E.

Amendments to Development Review Permits.

1.

Content of Amendments. Permit amendments are required for substantial revisions to conditions of approval, alterations to approved plans which are more substantial than the modifications provided for in Section 9.200.090 new or additional land uses, or similar major changes.

2.

Procedures. A development review permit may be amended any number of times by the approval of a subsequent application. All permit amendments shall be for the same parcel or property for which a development review permit was previously approved. Amendments shall be filed prior to the expiration of the previously approved permit in compliance with the same filing procedures and payment of the fee required for an amendment. Amendments shall be processed in the same manner as an original application.

(Ord. 553 § 1, 2017; Ord. 550 § 1, 2016; Ord. 538 § 6, 2016; Ord. 489 § 1, 2011; Ord. 325 § 1, 1998; Ord. 284 § 1, 1996)

A.

Plan Modifications by Applicant. Site development permit plans modified at the initiative of the applicant from those approved by the decision-making authority may be submitted to the director.

B.

Procedures. If the director determines that the proposed plan modification is minor, will not result in a significant change in the project approved by the decision-making authority, and complies with the spirit and intent of the original approving action, the director may approve the modified plan without further compliance with this section. If the director determines that the plan modification may result in a significant change in the project, the director shall refer the change to the original decision-making authority.

C.

Criteria. Modifications by applicant shall permit minor changes to an existing or approved site development permit. The following criteria constitute minor changes that shall be deemed eligible for modification by applicant consideration:

1.

Changes in building square footage not to exceed ten percent (10%) from the original approval that have been determined to not result in a significant architectural, aesthetic, or visual impact to the existing project and require additional parking;

2.

Changes, additions, or adjustments to windows, window locations, or window treatments;

3.

Changes, substitutions, or adjustments to building materials, roofing materials, screening materials, lighting fixtures, or paving;

4.

Changes, additions, or substitutions to approved landscaping, including site of grading plans;

5.

Minor adjustments, substitutions, or additions to architectural features such as pilasters, canopies, trellises, shade structures, overhangs, eaves, parapets, cornices, or portions of roof structures that do not result in a significant effect on the overall aesthetic or architectural style of the building;

6.

Changes, substitutions, or adjustments to the approved color palette or material colors;

7.

Changes in residential model design.

D.

Ineligibility. Modifications by applicant which have been determined by the director, planning commission, or city council to exceed these standards or constitute a significant change shall require application and approval of an amended site development permit.

(Ord. 550 § 1, 2016; Ord. 538 § 6, 2016; Ord. 466 § 1, 2009; Ord. 284 § 1, 1996)

A.

Applicable State Law. Public hearings required for development review actions shall be carried out in accordance with the procedures set forth in this section. It is intended that the provisions of this section shall be fully consistent and in full compliance with Section 65090 et seq., of the State Government Code and that such provisions shall be so construed.

B.

Failure to Receive Notice. Pursuant to State Government Code Section 65093, the failure of any person to receive notice shall not constitute grounds for any court to invalidate the action of the decision-making authority.

C.

Conduct of Hearings. Public hearings shall be noticed in accordance with subsection D of this section and then held by the decision-making authority prior to action on the relevant application. At the public hearing, the decision-making authority may take action on the application, continue the application to a specified date, or take the application under submission. An application taken under submission may later be taken out of submission for the purpose of taking action on the application without scheduling a new public hearing provided no additional testimony is heard and no further evidence is presented. Further testimony may be heard and further evidence may be presented regarding an application taken under submission only if a new public hearing is held in compliance with this section.

D.

Noticing Requirements. Not less than ten (10) days prior to hearing, the city shall:

1.

Mail or deliver a public notice, which includes the date, time and place of the hearing, the application number, the applicant's name, the location of the property affected, and a description of the land use, development or other action proposed, to:

a.

The owner of the subject real property,

b.

The owner's authorized agent, if any,

c.

The project applicant,

d.

Each local agency expected to provide water, sewage, street, roads, schools or other essential facilities or services to the project,

e.

All owners of real property as shown on the last equalized assessment roll within five hundred (500) feet of the subject real property. If the number of owners to whom notice would be mailed is greater than one thousand (1,000), the city may instead place a display advertisement of at least one-eighth (⅛) page in a newspaper of general circulation; and

2.

Publish a legal notice in a newspaper of general circulation or post a notice at two (2) public places in the city and one (1) place at the subject site.

E.

Additional Notice. The director may require that additional notice be given by enlarging the notification radius or by other means determined by the director.

F.

Other Notice. The city shall also provide any other notice required by law.

(Ord. 550 § 1, 2016; Ord. 538 § 6, 2016; Ord. 325 § 1, 1998; Ord. 299 § 1, 1997; Ord. 284 § 1, 1996)

For purposes of this section, the "board of appeals" shall be the planning commission for decisions appealed to the planning commission and shall be the city council for decisions appealed to the city council.

A.

Persons Who May Appeal. Any interested person may appeal a decision of the director or the planning commission regarding the action taken on a development review permit application for a development project upon submittal of the required documents and information and the payment of the required fee.

B.

Call-Up Review. The board of appeals (either the planning commission or city council), on its own motion adopted by a majority vote of its total membership, may elect to call up and review any decision of the director or the planning commission regarding the action taken on a development review permit application. The planning commission's or city council's call-up review shall be processed in accordance with this section

C.

Appeal Procedures.

1.

Time Limits for Filing Appeals.

a.

All appeals, except call-up reviews pursuant to subsection B, shall be filed with the director within fifteen (15) calendar days of the date on which the decision being appealed was rendered. If the fifteenth day is a nonworking day for the city, the appeal period shall be extended to include the next city working day. No appeal shall be accepted after the appeal period has expired.

b.

A request for call-up review pursuant to subsection B shall be initiated by a member of a board of appeals (either the planning commission or city council) delivering written request for call-up review to the city manager or designee within fifteen (15) calendar days of the date on which the decision of the director or the planning commission (as applicable) was rendered. Upon timely receipt of the request for call-up review, the city manager or designee shall schedule as an agenda item at the next regular meeting of the board of appeals, on which the member calling up review is seated, the question whether an appeal shall be considered for the decision subject to call-up review. If the next regular meeting of the board of appeals is cancelled, the city manager or designee shall reschedule the question whether an appeal shall be considered at the next regular meeting that is not cancelled. No appeal may be heard on a decision subject to call-up review unless a majority of the membership of the board of appeals votes to approve the consideration of the appeal. The board of appeals shall consider the appeal that was subject to call-up review not later than forty-five (45) days after the board of appeals votes to approve consideration of the appeal. An appeal may be heard and decided at the same meeting at which the majority of the membership voted to approve the call-up review, provided no applicable law would be violated if the hearing of an appeal occurs at the same meeting. A member of the city council may initiate the call-up review process for a director's decision on a development review permit, without the need for review of that decision by the planning commission, in which case an appeal of the decision subject to call-up review may be considered directly by the city council if a majority of the membership of the city council vote to approve the consideration of the appeal pursuant to this section.

2.

Required Documents. Each appeal, except for call-up reviews, shall be in writing and shall include all grounds for the appeal and sufficient information so as to make it clear to the planning commission or city council the substance of each of the grounds for appeal. The director may require that the written appeal be accompanied by such other documents and information that the director determines to be necessary to adequately explain and provide proper notification for the appeal. No appeal shall be accepted if it fails to contain the grounds for the appeal and the description of the grounds.

3.

Forwarding of Records. When an appeal has been received, the director shall forward to the planning commission or city council all documents and information on file pertinent to the appeal together with the minutes or official action of the decision-making authority and a report on the basis of the decision.

4.

Public Hearing Requirements. If the original approving action did not require a public hearing, the appeal review shall not require a public hearing. If the original approving action required a public hearing, the appeal review shall also require a public hearing. Notice and scheduling requirements for an appeal hearing shall be the same as those for an original hearing as described in Section 9.200.100.

5.

Issues to Be Considered. The planning commission or city council may refuse to consider any issues which were not raised by the appellant or another person either by verbal testimony or written correspondence made at or before the time the decision-making authority took action. When reviewing a decision-making authority's decision via its own call-up review, the planning commission or city council may raise and consider any issue it deems appropriate to the project application.

6.

Action on Appeal. Not later than forty-five (45) days after an appeal has been received and accepted by the director, the planning commission or city council shall consider the appeal and take one (1) of the following actions:

a.

Take action to sustain, reverse or modify the original decision. If an original decision to approve a project is modified, the planning commission or city council may modify permitted land uses, place additional or different conditions of approval on the project, direct that revisions be made to project plans, or require other project modifications.

b.

Continue the appeal for further consideration.

c.

Refer the application back to the original decision-making authority with directions.

7.

Majority Vote. Action by the planning commission or city council to reverse or modify an appealed decision shall require a majority vote of appeal board members present. If there is a tie vote, the original decision shall stand.

(Ord. 603 § 1(Exh. A), 2022; Ord. 550 § 1, 2016; Ord. 538 § 6, 2016; Ord. 284 § 1, 1996)

A.

Grounds for Revocation. Any development review permit may be revoked by the decision-making authority or the city council pursuant to the provisions of this section on any of the following grounds:

1.

Such approval was based on inaccurate or misleading information.

2.

One (1) or more of the conditions upon which such approval was granted or extended have been violated.

3.

A change in conditions occurring after the original grant of the approval or the continuation of the use as approved is contrary to public health, safety or general welfare, or is detrimental or incompatible with other permitted uses in the vicinity.

4.

The findings which were the basis for the original permit approval can no longer be made.

5.

Other grounds as set forth elsewhere in this code such as, but not limited to, those for sexually oriented businesses.

B.

Procedure. Prior to any action on revocation, the decision-making authority shall hold a public hearing noticed and held in accordance with Section 9.200.100, except that the permittee shall be given not less than fifteen (15) days' notice. The notice shall state the causes for which the revocation is to be considered.

C.

Action of Decision-Making Authority. Following the hearing, the decision-making authority may revoke the permit or revoke the permit subject to reinstatement upon compliance with the conditions of the original permit.

D.

Amortization. If a revocation of any permit is ordered, the decision-making authority may at the same time provide for a reasonable period of time to amortize any lawful existing uses on the site. Extensions of this time period may be granted for good cause shown on later application to the decision-making authority by any affected person.

E.

Appeal. Any action by the decision-making authority pursuant to this section may be appealed as set forth in Section 9.200.110.

F.

New Decision-Making Authority. If the decision-making authority which granted a permit is no longer in existence or no longer issues such permits, the authority which would issue such permit at the time revocation is to be considered shall be the decision-making authority as that term is used in this section.

(Ord. 584 § 2, 2020; Ord. 550 § 1, 2016; Ord. 538 § 6, 2016; Ord. 284 § 1, 1996)