Palm Desert City Zoning Code
CHAPTER 25
60 PROCEDURES
§ 25.60.010 Purpose.
The purpose of this chapter is to establish the general requirements of this title for the review and approval of proposed development and new land uses in the City.
(Ord. 1259 § 1, 2013)
§ 25.60.020 Application and Fee.
A.
Application. Applications pertaining to this title shall be submitted in writing to the Director on a completed City application form designated for the particular request. Every application shall include the signatures of the applicant and property owner, agent authorization as appropriate, and any fee prescribed by Council resolution to cover the cost of investigation and processing. Applications shall be submitted together with all plans, maps, and data about the proposed project development or land use entitlements requested, project site, and vicinity deemed necessary by the Director to provide the approving authority with adequate information on which to base decisions. Each permit application checklist lists the minimum necessary submittal materials for that particular type of permit.
B.
Fee. The Council sets, by resolution, the fees for processing the various applications authorized or required by this code. All required fees shall be paid at the time an application is filed and no processing shall commence until the fee is paid in full.
(Ord. 1259 § 1, 2013)
§ 25.60.030 Determination of Completeness.
A.
Application completeness. Within 30 days of application submittal, the Director shall determine whether or not the application is complete. The Director shall notify the applicant in writing of the determination that either:
1.
All the submittal requirements have been satisfied and the application has been accepted as complete.
2.
Specific information is still necessary to complete the application. The letter may also identify preliminary information regarding the areas in which the submitted plans are not in compliance with City standards and requirements.
B.
Application completeness without notification. If the written determination is not made within 30 days after receipt, and the application includes a statement that it is an application for a development permit, the application shall be deemed complete for purposes of this chapter.
C.
Resubmittal. Upon receipt and resubmittal of any incomplete application, a new 30-day period shall begin during which the Director shall determine the completeness of the application.
D.
Incomplete application. If additional information or submittals are required and the application is not made complete within one year, or some greater period as determined by the Director, of the completeness determination letter, the application may be deemed by the City to have been withdrawn and no action will be taken on the application. Unexpended fees, as determined by the Director, will be returned to the applicant. If the applicant subsequently wishes to pursue the project, a new application, including fees, plans, exhibits, and other materials, must then be filed in compliance with this chapter.
(Ord. 1259 § 1, 2013)
§ 25.60.040 Environmental Analysis.
A.
Intent and purpose. It is the intent of this chapter to relate the provisions of this title and all other applicable projects to the appropriate City provisions that have been adopted in order to comply with the California Environmental Quality Act of 1970 and subsequent standards as established by the state legislature, the Secretary of Resources, and the City.
B.
Scope of regulations. This chapter shall be applied pursuant to the adopted "Resolution of the City Council of the City of Palm Desert Establishing Procedures to Implement the Environmental Quality Act of 1970," as amended.
(Ord. 1259 § 1, 2013)
§ 25.60.050 Application Review and Report.
After acceptance of a complete application, the project shall be reviewed in accordance with the environmental review procedures of the California Environmental Quality Act. The Director will consult with other departments and committees as appropriate to ensure compliance with all provisions of the municipal code and other adopted policies and plans. The Director will prepare a report to the designated approving authority describing the project, and their recommendation to approve, conditionally approve, or deny the application. The report shall be provided to the applicant prior to consideration of the entitlement request. The report may be amended as necessary or supplemented with additional information at any time prior to the hearing to address issues or information not reasonably known at the time the report is prepared.
(Ord. 1259 § 1, 2013; Ord. 1393 § 21, 2023)
§ 25.60.060 Public Hearing and Public Notice.
A.
Public hearing required. The following procedures shall govern the notice and public hearing, where required pursuant to this title. The designated approving authority shall hold a public hearing to consider all applications for a conditional use permit, variance, architectural review, precise plan, planned development, specific plan, zoning code and/or map amendment, pre-zoning, development agreement, and General Plan amendment considered by the Commission or Council.
B.
Notice of hearing. Pursuant to California Government Code Sections 65090 to 65094, not less than 10 days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below. The notice shall state the date, time, and place of hearing, identify the hearing body, and provide a general description of the matter to be considered and the real property which is the subject of the hearing.
1.
Notice of public hearing shall be published in at least 1 newspaper of general circulation in the City.
2.
Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of real property, inclusive of any association governing a common interest development (as defined in Part 5 of Division 4 of the California Civil Code), within a radius of 500 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, or the name of any association of a common interest development, as applicable, as shown upon the current Tax Assessor's records of Riverside County or the Official Records of Riverside County. The radius may be increased as determined to be necessary and desirable by the Director based on the nature of the proposed project. If the number of owners exceeds 1,000, the City may, in lieu of mailed notice, provide notice by placing notice in 1 newspaper of general circulation within the City.
i.
Public notification for projects 5 acres or more shall be 1,000 feet for public notifications related to development projects and to ensure adequate community engagement efforts are achieved pursuant to requirements in Section 25.60.160.
ii.
Public notification for Hillside Development Plans shall comply with Section 25.78.020(C) of this title.
iii.
Hearings before the Architectural Review Commission for Design Review associated with an application requiring approval by the Planning Commission and/or City Council will be noticed in accordance with the requirements of this section.
3.
Notice of the public hearing shall be mailed, 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, sewerage, streets, roads, schools, or other essential facilities or services to the proposed project.
4.
Notice of the public hearing shall be posted at City Hall.
5.
Notice of the public hearing shall be mailed to any person who has filed a written request for notice.
6.
In addition to the notice required by this section, the City may give notice of the hearing in any other manner it deems necessary or desirable.
C.
Notice of Zoning Administrator decision.
1.
Notice. The notice of decision shall be provided, in writing, to the applicant, interested parties, neighborhood associations within proximity of the subject site, and properties within 500 feet of the property. The notice shall include:
i.
A brief statement explaining the criteria and standards considered relevant to the decision.
ii.
A statement of the standards and facts relied upon in rendering the decision.
iii.
Findings as listed for each entitlement or justification for the decision based on the criteria, standards, and facts set forth.
iv.
An explanation of appeal rights and appeal deadlines.
2.
Decision. The ZA may approve, approve with conditions, or deny the application. Decisions shall be based on standards and criteria set forth within this code and shall be accompanied by brief, written findings, and a determination.
D.
Requests for notification. Any person who requests to be on a mailing list for notice of hearing shall submit such request in writing to the Department. The City may impose a reasonable fee for the purpose of recovering the cost of such notification.
E.
Receipt of notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this title shall not constitute grounds for any court to invalidate the actions of a designated approving authority for which the notice was given.
F.
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. The approving authority shall conduct the public hearing and hear testimony from interested persons. The summary minutes shall be prepared and made part of the permanent file of the case. Any hearing may be continued to a date certain. If the hearing is not continued to a specific date/time, then the hearing shall be re-noticed.
G.
On-site public notice signs.
1.
Applicability. All projects requiring a public hearing before the Planning Commission and/or City Council shall be required to post 1 or more public notice signs on the property, which is the subject of the proposed development, in accordance with the requirements of this subsection.
2.
Public Notice Sign Requirements.
i.
The applicant shall post informational signs on the property that is the subject of the proposed development. The signs shall be unilluminated, 4 feet by 4 feet in size, and shall include a description of the proposed development, the date, time, and location of the public hearing, and the location where further information can be obtained.
ii.
The sign shall be placed in an area of the property most visible to the public, not more than 5 feet from the front property line in residential areas, and not more than 3 feet from the front property line in commercial and industrial areas. Placement of the sign shall not be permitted to cause traffic sight obstructions.
iii.
For properties less than 5 acres in size, 1 sign per street frontage shall be posted on site.
iv.
For properties greater than 5 acres in size, 1 sign per 500 feet of street frontage shall be posted on site. For properties that are unusually shaped or within a unique location, the Planning Director may determine the location for sign posting or require additional notice of the proposed project.
v.
For projects that may change or intensify the existing use or zoning, the Planning Director may require supplemental or larger signs or both.
3.
Sign Posting Acknowledgement. A completed Sign Posting Acknowledgment form prepared and signed and dated by the applicant or an authorized representative of the applicant, which shall contain photographic evidence of the installed signs, shall be submitted to the Development Services Department no later than 10 calendar days prior to the scheduled public hearing. This document shall be mailed or dropped off or emailed to the assigned project planner.
5.
Maintenance. The applicant and owner shall be responsible for maintaining the noticeboard such that it is readable during the period it is required to be in place. If the sign or structure is damaged, defaced or otherwise made illegible, the applicant/owner shall replace the sign in accordance with the standards of this subsection. The applicant shall pay the replacement cost of such board.
6.
Removal. The applicant shall remove the sign(s) from the project site no later than 10 calendar days following the end of the appeal period for the project.
(Ord. 1259 § 1, 2013; Ord. 1279 § 10, 2015; Ord. 1303 § 6, 2016; Ord. 1375 § 2, 2022; Ord. 1425, 2/13/2025)
§ 25.60.070 Approving Authority.
A.
Designated approving authority. The approving authority as designated in Table 25.60-1 (Approving Authority for Land Use Permits/Entitlements) shall approve, conditionally approve, or deny the proposed land use or development permit or entitlement in accordance with the requirements of this title. Table 25.60-1 identifies recommending (R), final (F), and appeal (A) authorities for each permit or entitlement. In acting on a permit, the approving authority shall make all required findings.
Table 25.60-1: Approving Authority for Land Use Permits/Entitlements | |||||
|---|---|---|---|---|---|
Type of Entitlement, Permit, or Decision | ZA | Director | ARC | PC | CC |
Residential remodels and additions | F | A | A | F | |
Certificates of use and occupancy | F | A | A | ||
Temporary use permits | F | A | A | ||
Home-based business permits | F | A | A | ||
Large family day care use permits | F | F | RR | ||
Adjustments | F | A | F | RR | |
Administrative use permits | F | F | RR | ||
Reasonable accommodation | F | A | F | RR | |
Design review | R | F | A | ||
Objective design review | F | R | A2 | A | |
Sign design review | R | F | A | ||
Zoning decision | F | A | A | ||
Use determinations | R | F | A | ||
Precise plans | R | R1 | F | A | |
Development plans | R | R1 | F | A | |
Conditional use permits | R | R1 | F | A | |
Condominium conversion permits | R | F | A | ||
Variances | R | R1 | F | A | |
Planned community developments | R | R1 | R | F | |
Amendments—Zoning ordinance | R | R | F | ||
Amendments—Zoning map | R | R | F | ||
Prezoning for annexed areas | R | R | F | ||
Development agreements | R | R | F | ||
General Plan updates | R | R | F | ||
Director=Director of Community Development, ZA=Zoning Administrator, ARC=Architectural Review Commission, PC=Planning Commission, CC=City Council, R=Review Body, F=Final Decision (unless appealed), A=Appeal Body, and RR=Request Review only. |
Notes: | |
1. | A final determination is made by the ARC for design-related decisions as specified in Chapter 25.68 (Decisions by the Architectural Review Commission). |
2. | All appeals of the Director's Determination shall be made to the Planning Commission and shall be subject to a discretionary review by the ARC subject to Section 25.68.040, Findings of the ARC, in addition to other appeal findings required by this title. |
(Ord. 1259 § 1, 2013; Ord. 1279 § 11, 2015; Ord. 1292 § 3, 2015; Ord. 1411, 4/25/2024)
§ 25.60.080 Appeals.
A.
Appeal authority. Any interested person may appeal certain actions of the ZA, Director or Commission made pursuant to this article to the designated appeal authority listed in Table 25.60-1 (Approving Authority for Land Use Permits/Entitlements) within 15 calendar days from the date of the action. Actions by the Council are final and no further administrative appeals are available.
B.
Filing an appeal. All appeals shall be submitted in writing, identifying the determination or action being appealed and specifically stating the basis or grounds of the appeal. Appeals shall be filed within 15 calendar days following the date of determination or action for which an appeal is made, accompanied by a filing fee established by Council resolution, and submitted to the City Clerk.
C.
Stay pending appeal. Timely filing of a written appeal shall automatically stay all actions and put in abeyance all approvals or permits that may have been granted, and neither the applicant nor any enforcing agency may rely upon the decision, approval, or denial or other action appeal, until the appeal has been resolved.
D.
Appeal hearing schedule.
1.
Unless otherwise agreed to by the applicant, an appeal for consideration by the Commission shall be scheduled for a public hearing by the Department within 40 days of the date of appeal filing.
2.
Unless otherwise agreed to by the applicant, an appeal for consideration by the Council shall be scheduled for a public hearing by the City Clerk within 40 days of the date of appeal filing.
E.
Notice of appeal hearings. Notice of hearing for the appeal shall be provided pursuant to noticing requirements of Section 25.60.060 (Public Hearing and Public Notice).
F.
Appeal hearing and action. Each appeal shall be considered a de novo (new) hearing. In taking its action on an appeal, the appeal authority shall state the basis for its action. The appeal authority may act to confirm, modify, reverse the action of the approving authority, in whole or in part, or add or amend such conditions as it deems necessary. The action of the appeal authority is final on the date of decision and, unless expressly provided by this chapter, may not be further appealed. Copies of the decision shall be mailed to the appellant and to the appealed deciding body. The decision of the Council shall be final.
G.
Review by Council. The Council retains ultimate jurisdiction and authority to determine whether any approval, denial or other decision rendered by the ZA, Director, ARC, or the Commission is consistent with the goal and policies established by the City and the requirements of this title. Any member of the Council may call up for review any approval, denial or other decision made pursuant to this title by delivery to the Director a request for review within 15 calendar days of the date of the decision, which will identify the decision to be reviewed and may, but is not required to, specify the concerns of the Councilperson with respect to the decision.
H.
Request for review is not an appeal. The Council request for review shall not constitute an appeal. A request for review is an indication only that a Councilperson considers the decision important enough to warrant review by the Council to ensure the decision is consistent with the goals and policies established by the City and the requirements of this title. The Councilperson who files a request for review need not take a position in favor or against the decision, and a request for review shall not be construed to be an indication of approval or disapproval of the decision. The filing of a request for review shall suspend any permit issued pursuant to the ruling of the ZA, Director, ARC, or the Commission until the request for review has been decided.
(Ord. 1259 § 1, 2013; Ord. 1279 § 12, 2015)
§ 25.60.090 Effective Date.
Generally, the action to approve, conditionally approve, or deny a permit or entitlement authorized by this title shall be effective on the 16th day after the date of action, immediately following expiration of the 15-day appeal period. Legislative actions by the Council involving adoption by ordinance (e.g., zoning code and map amendment, specific plan) become effective 30 days from the date of final action and may not be appealed. Permit(s) shall not be issued until the effective date of required permit.
(Ord. 1259 § 1, 2013)
§ 25.60.100 Land Use Permit Time Limits and Extensions.
A.
Time limits. Unless a condition of approval or other provision of this title establishes a different time limit, any permit not exercised within 1 year of approval shall expire and become void, except where an extension of time is approved pursuant to this section.
B.
Exercising permits. The exercise of a permit occurs when the property owner has performed substantial work as determined by the Director and the building official and incurred substantial liabilities in good faith reliance upon such permit(s). A permit may be otherwise exercised pursuant to a condition of the permit or corresponding legal agreement that specifies that other substantial efforts or expenditures constitute exercise of the permit. Unless otherwise provided, permits that have not been exercised prior to a zoning amendment which would make the permitted use or structure nonconforming shall automatically be deemed invalid on the effective date of the zoning amendment.
C.
Permit extensions. The approval of an extension extends the expiration date for two years from the original permit date. After this initial permit extension, a final one-year extension of time may be granted pursuant to the same process as set forth in this section.
1.
Process. The same approving authority that granted the original permit may extend the period within which the exercise of a permit must occur. Notice and/or public hearing shall be provided in the same manner as for the original permit. An application for extension shall be filed not less than 30 days prior to the expiration date of the permit, along with appropriate fees and application submittal materials.
2.
Conditions. The permit, as extended, may be conditioned to comply with any development standards that may have been enacted since the permit was initially approved.
3.
Permit Extension Findings. The extension may be granted only when the designated approving authority finds that the original permit findings can still be made and there are no changed circumstances or there has been diligent pursuit to exercise the permit that warrants such extension.
4.
Expiration. If the time limits are reached with no extension requested, or a requested extension is denied or expires, the permit expires.
D.
Permit expiration for a closed business. All permits and entitlements shall expire when a business is closed for more than one calendar year. If a new business is established within the calendar year, all permits and entitlements received will remain valid. After one calendar year, the City may require the approval of new permits and entitlements based on current requirements shall be required prior to any business activity on the site.
(Ord. 1259 § 1, 2013)
§ 25.60.110 Modification.
A.
Any person holding a permit granted under this title may request a modification or amendment to that permit. For the purpose of this section, the modification of a permit may include modification of the terms of the permit itself, project design, or the waiver or alteration of conditions imposed in the granting of the permit.
B.
Minor revisions or modifications may be approved by the Director if determined that the changes would not affect the findings prescribed in Section 25.72.050 (Conditional Use Permits) and the application for revision or modification is filed within one year from the date the original conditional use permit becomes final, does not change the use designated in the original conditional use permit, does not increase, reduce, or alter the size or shape of the premises to which the original conditional use permit pertained, and does not extend the time in which the actual establishment of the conditional use permit or the commencement of construction under the conditional use permit shall take place.
C.
If the Director determines that a proposed project action is not in substantial conformance with the original approval, the Director shall notify the property owner of the requirement to submit a permit modification application for consideration and action by the same approving authority as the original permit. A permit modification may be granted only when the approving authority makes all findings required for the original approval.
(Ord. 1259 § 1, 2013)
§ 25.60.120 Revocation.
This section provides procedures for the revocation of previously approved land use entitlements or permits.
A.
Consideration. The approving authority for the original entitlement or permit shall consider the revocation of same entitlement or permit.
B.
Decision to revoke.
1.
The ZA may revoke a temporary use permit without a public hearing at the sole discretion of the ZA.
2.
The Director may revoke a home-based business permit and a certificate of use without a public hearing at their sole discretion.
3.
Except as specified in paragraphs 1 and 2 above, the decision to revoke an entitlement or permit granted pursuant to the provisions of this title shall be considered at a noticed public hearing by the review body that originally approved the permit. Public notice shall be provided and public hearing conducted pursuant to Section 25.60.060 (Public Hearing and Public Notice).
C.
Findings. A decision to revoke an entitlement or permit may be made if any one of the following findings can be made:
1.
Circumstances under which the entitlement or permit was granted have been changed to a degree that one or more of the findings contained in the original entitlement or permit can no longer be met.
2.
The entitlement or permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the evidence presented during the public hearing, for the entitlement or permit.
3.
One or more of the conditions of the entitlement or permit have not been substantially fulfilled or have been violated.
4.
The use or structure for which the entitlement or permit was granted has ceased to exist or has lost its legal nonconforming use status.
5.
The improvement authorized in compliance with the entitlement or permit is in violation of any code, law, ordinance, regulation, or statute.
6.
The improvement or use allowed by the entitlement or permit has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a public nuisance.
(Ord. 1259 § 1, 2013; Ord. 1393 § 22, 2023)
§ 25.60.130 Reapplications.
A.
An application shall not be accepted or acted upon if within the past 12 months the City has denied an application for substantially the same project on substantially the same real property, unless the Director finds one or more of the following circumstances to exist:
1.
New Evidence. There is new evidence that would support approving the projects that was not presented at the previous hearing and could not have been previously discovered in the exercise of reasonable diligence by the applicant.
2.
Substantial and Permanent Change of Circumstances. The has been a substantial and material change of circumstances since the previous hearing that affects the applicant's real property.
3.
Mistake at Previous Hearing. A mistake was made at the previous hearing that was a material factor in the denial of the previous application.
(Ord. 1259 § 1, 2013)
§ 25.60.140 Enforcement and Penalties.
A.
Enforcement duties.
1.
It shall be the duty of the Director to enforce the provisions of this title pertaining to the use of land, and the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure.
2.
It shall be the duty of the health department of Riverside County to enforce the provisions of this title pertaining to the maintenance and use of property, structures, and buildings so far as matters of health are concerned.
3.
It shall be the duty of the City and of all officers of the City otherwise charged with the enforcement of the law to enforce this title and all the provisions of the same.
B.
Nuisance declared—Abatement. Any building or structure set up, erected, built, moved, or maintained and/or any use of property contrary to the provisions of this title and/or any conditions attached to the granting of permits is declared to be unlawful and a public nuisance. The duly constituted authorities of the City shall, upon order of the Council, immediately commence action or actions, proceeding or proceedings for the abatement, removal and adjournment thereof in the manner provided by law and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such building, structure, or use of any property contrary to the provisions of this title.
C.
Violation—Penalty.
1.
Violation—Infraction. Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating any provisions of this title or any land use permit granted under this title, is guilty of an infraction for the first instance of any such violation, and shall be guilty of a misdemeanor for a second or any subsequent violation of the same provision of this section or of any order or regulation made hereunder.
2.
Continuing Violation—Misdemeanor. Such person, firm, or corporation is deemed guilty of a separate offense for each and every day during any portion of which any violation of this title is committed, continued, or permitted by such person, firm, or corporation, and shall be punishable as provided in Section 25.60.120 (Revocation).
3.
Penalties. Any person, firm, or corporation found guilty of an infraction shall be subject to a fine. Any person, firm, or corporation convicted of a misdemeanor under the provisions of this section shall be punishable pursuant to the provisions of Chapter 1.08 (Citations for Code Violations) of the Palm Desert Municipal Code.
(Ord. 1259 § 1, 2013)
§ 25.60.150 Certificate of Use and Occupancy.
A.
Purpose. In order to assure that each new or expanded use of a structure or site or alteration of an existing structure complies with all applicable provisions of this title, a use certificate is required before any building permit may be issued or any structure or site is used. A certificate of occupancy as required in the City building code shall be issued only for a structure that conforms to the use certificate.
B.
Application and issuance of use certificate. Applications for a use certificate shall be made on a form prescribed by the Commission and shall be accompanied by plans and additional information as necessary, in the opinion of the Director to demonstrate conformity with this title. The Director shall check the application and all data submitted with it and shall issue a use certificate if they find that all applicable provisions of this title will be complied with.
C.
Issuance of building permit. The building official shall not issue a building permit until the ZA has approved a use certificate for the structure which is the subject of the building permit.
D.
Issuance of certificate of occupancy. The building official shall not issue a certificate of occupancy for a structure or alteration until they have found that the structure or alteration conforms with the use certificate, until all required screening and landscaping and off-street parking and loading facilities are complete, and they have found that all conditions attached to a use permit, a variance, and design review have been met; provided, that the building official may issue a certificate of occupancy prior to the fulfillment of all requirements of this title if a faithful performance bond in an amount determined by the building official to be sufficient to complete the work necessary to meet the requirements is filed with the City. Cash in the amount of the faithful performance bond may be deposited with the City in lieu of the bond.
E.
Temporary certificate. A temporary certificate of occupancy may be issued by the building official prior to the time that all of the requirements for a certificate of occupancy have been met; provided, that no permit other than a temporary permit shall be issued for gas or electric utilities until the building official determines that all of the requirements for a certificate of occupancy have been met. A temporary permit for gas or electric utilities shall be valid for 10 working days. If temporary permits for gas or electric utilities expire without the requirements for issuance of a certificate of occupancy having been met, the building official shall request the public utility to discontinue service.
F.
Determination of compliance with required conditions. If the Director is unable to determine from information submitted by the applicant that a proposed use will comply with the required conditions for the district in which it is to be located, they shall not issue a use certificate, but shall, at their option, secure expert professional advice from firms or individuals acceptable to the City as well as the applicant.
(Ord. 1293 § 1, 2015; Ord. 1393 § 23, 2023)
§ 25.60.160 Community Engagement.
A.
Intent and purpose. It is the intent of this chapter that each project applicant prepare and submit to the City a "Community Engagement Plan" to implement requirements for public notice, community engagement, and public outreach. The intent is to present project information and engage in public outreach meetings early in the development review process of new projects and address concerns of the public prior to an action of the approving body. The Community Engagement Plan shall provide residents within the required notification radius with an opportunity to actively participate in the City's development review procedures for discretionary projects to help shape the direction of the City's development.
B.
Scope of regulations. This chapter shall be applied pursuant to the adopted "Resolution of the City Council of the City of Palm Desert Establishing Policies related to Community Engagement (Resolution No. 2021-50)."
Requirements related to community engagement for new projects are as follows:
1.
Developers must prepare and submit a Community Engagement Plan to the Development Services Department at the same time a development application is submitted for any project that is located on a project site of 5 acres, or greater, and requires discretionary approval, including, but not limited to, any request for a discretionary approval of a Precise Plan, Tentative Map, Specific Plan, General Plan Amendment, Change of Zone, Development Agreement, Variance, or combination thereof. The Director of Development Services may require a Community Engagement Plan for any project when due to extraordinary or exceptional factors.
3.
The Community Engagement Plan must contain the following:
a.
Developer's method(s) of communication with the public. Proposed location(s) of public outreach shall be provided;
b.
Samples of the written publications distributed to the public that include any informational items of the project. Written publications and invitations should comply with the following:
i.
The written publication should include the date, time, and location of the scheduled community meeting.
ii.
The invitation to community meetings should include as much information about the project and request in the application as possible to inform attendees of what is being proposed.
iii.
Community meetings should be located in the City of Palm Desert and as close to the subject property as is practical to minimize the distance that attendees need to travel to participate.
iv.
Community meetings should be scheduled to avoid, to the extent feasible, any conflict with other publicly scheduled meetings.
v.
Community meetings should be scheduled during non-business hours and at reasonable times to allow attendees who work during the day an opportunity to attend.
vi.
Applicants may also, in addition to the in-person meeting, provide an option for participating by teleconference.
4.
For any application that requires a Community Engagement Plan, the applicant shall host a minimum of 2 community meetings to provide information and receive feedback about the project. Follow-up meetings may be required by the Director of Development Services.
a.
The first community meeting shall occur not more than 30 days prior to, and not later than 20 days after, the date when the project application is submitted to the City. To the extent practical, the first community meeting should occur prior to application submittal to the City.
b.
The second community meeting shall occur within 30 days after the date when the project is deemed or determined to be complete.
c.
There shall be at least 1 day between the required community meetings in subsections (B)(4)(a) and (b), above.
d.
The Director of Development Services may approve alternative scheduling of the required community meetings as reasonably necessary.
e.
The applicant is solely and exclusively responsible for holding the community meetings in accordance with this section. The community meetings shall not be considered a public hearing or meeting on the project.
5.
The applicant shall prepare a Community Engagement Report summarizing the outcome of the community meetings required by this section, and submit the Community Engagement Report to the City prior to the first public hearing or other public meeting for the project held by the City. The Community Engagement Report will be included as an exhibit as a part of the agenda report that is published prior to the public hearing. The Community Engagement Report shall include the following:
a.
Dates, times, and locations of all meetings that attendees were invited to attend to discuss the project and the subject request.
b.
The names and affiliation of those that attended that represent the applicant.
c.
The names and department of staff that attended the meeting.
d.
A sign-in sheet listing the names of the attendees that participated in the process.
e.
The applicant shall provide any written comments and/or a written summary of any significant issues or concerns raised by attendees during the community engagement meetings.
6.
The applicant shall coordinate with staff for the notification of community meetings with property owners, including any association for a common interest development, within 1,000 feet of the proposed project.
7.
City staff is to be present at the meeting to observe, collect information, and provide answers, as needed, related to the General Plan, and applicable codes and ordinances of the City.
a.
The applicant shall coordinate the scheduling of all community meetings required under this section with the City's project planner and include City staff in all notices of meetings.
8.
The entitlements will include a condition of approval on residential and/or owner-occupied projects, that the applicant will disclose, as part of any closing documents, the City's General Plan and Housing Element sites adjacent to the project.
(Ord. 1375 § 2, 2022; Ord. 1425, 2/13/2025)
§ 25.60.170 Application Withdrawal.
A.
Application withdrawal.
1.
After an application has been accepted for review, the applicant may withdraw the application at any time by submitting a letter of withdrawal to the Director.
2.
An applicant is not entitled to a refund of application fees for withdrawn applications; however, the City may refund fees not expended if the application is withdrawn.
3.
If an applicant fails to respond to staff comments within 60 days, or an application is otherwise determined by the Director to be inactive for a period of 60 days, then the application will be deemed abandoned and withdrawn.
(Ord. 1393 § 34, 2023)