Review authority on specified planning matters. Final decisions on development plan permits, conditional use permits, development agreements, amendments, related environmental documents, and other applicable policy or ordinance matters related to the city's planning process.

Appeals. The review of appeals filed from commission decision.

Compliance. The above listed functions shall be performed in compliance with Table 4-1 (Threshold of Review) and the California Environmental Quality Act (CEQA).

Appointment. Members of the commission shall serve in compliance with Municipal Code Chapter 2.28 (City Planning Commission).

Duties and authority. The commission shall perform the duties and functions prescribed by State law and this title, in compliance with Municipal Code Section 2.28.0820 (Duties and Powers), including the following:

Appointment. The director shall be appointed by the city manager and shall serve as the planning director.

Duties and Authority. The director shall:

Compliance. All work performed under a building permit for which project drawings and plans have received approval by the director, commission, or council shall be in compliance with the approved drawings and plans, and any conditions of approval imposed by the review authority.

Changes. Changes to an approved project shall be submitted and processed in compliance with Section 17.68.080 (Changes to an Approved Project), below.

Permits/Variances.

Plans/Amendments.

Issued on the Effective Date. Permits, certificates, and/or other approvals shall not be issued until after the appeal period is over; provided, that no appeal of the review authority's decision has been filed, in compliance with Chapter 17.76 (Appeals).

Affidavit of acceptance. The applicant shall sign the affidavit of acceptance or other similar document, indicating full understanding and concurrence with the approval and all conditions imposed by the review authority, or the permit or approval shall be deemed void.

Applicable Provisions. A permit application deemed approved in compliance with state law (Government Code Section 65956 [b]) shall be subject to all applicable provisions of this title, which shall be satisfied by the applicant before a building permit is issued or a land use not requiring a building permit is exercised or established.

Public Hearing. The permit application shall be deemed approved only if the application received proper notice in compliance with Chapter 17.74 (Public Hearings).

Faithful performance. A permit applicant may be required by conditions of approval, or by action of the director, to provide adequate security to guarantee the faithful performance of any or all conditions of approval imposed by the review authority.

Amount of security. The director shall be responsible for setting the amount of the required security, after consultation with the building official or the director of public works.

Unless otherwise specified in the permit or approval, all permits and approvals for projects not subject to the Subdivision Map Act shall comply with the following provisions:

Where the permit or approval has expired and/or has been deemed void:

The applicant shall file a written request for an extension of time, at least 30 days before the expiration of the permit or approval, together with the filing fee required by the city's fee resolution.

If the matter originally required a noticed public hearing, the director shall provide notice, in compliance with Chapter 17.74 (Public Hearings).

Upon good cause shown, the extension may be approved, approved with modifications, or disapproved by the director, whose decision may be appealed to the commission, in compliance with Chapter 17.76 (Appeals).

The maximum time that a permit or approval may be extended may not exceed one additional twelve-month period beyond the expiration date of the original approval unless otherwise allowed by law.

An extension of the permit or approval may be granted only if the review authority finds that there have been no changes in circumstances or law which would preclude the review authority from making the findings upon which the original approval was based.

Application.

If the matter originally required a noticed public hearing, the review authority shall hold a public hearing, except for the minor changes outlined below, and shall give notice, in compliance with Chapter 17.74 (Public Hearings).

The director may authorize minor changes to an approved site plan, architecture, or the nature of the approved use if the changes:

Major changes include changes to the project involving features described in subsection C (Minor changes), above, and shall only be approved by the review authority through a new application or modification, processed in compliance with this title.

The purpose of this chapter is establish provisions for the orderly termination of nonconforming uses, sites and structures in order to promote the public health, safety, and general welfare, and to bring these uses, sites and structures into conformity with the goals and policies of the general plan.

Within the zoning districts established by this title, there exist land uses, sites and structures that were lawful before the adoption, or amendment of this title, but that would be prohibited, regulated, or restricted differently under the terms of this title or future amendments.

This chapter is intended to prevent the expansion of nonconforming uses, sites and structures, to establish the criteria under which they may be continued, and to provide for the correction or removal of these nonconformities in an equitable and timely manner.

It is hereby declared that nonconforming uses, sites and structures within the city are detrimental to both orderly and creative development, and the general welfare of citizens and property. It is further declared that nonconforming uses, sites and structures shall be eliminated as rapidly as possible without infringing upon the constitutional rights of property owners.

A nonconforming use shall not change nor shall the intensity of the use increase.

If a nonconforming use ceases for a period of one hundred eighty days or more, it shall lose its nonconforming status, and the continued use of the property shall be required to conform with the provisions of this title.

Development of any property that has a nonconforming use may be permitted under the following circumstances:

If a nonconforming use is converted to a conforming use, the nonconforming use may not be resumed.

No nonconforming use may be replaced by another nonconforming use, nor may any nonconforming use be expanded.

A nonconforming structure which is damaged to an extent of one-half or more of its replacement cost immediately before the damage may be restored only if made to conform to all provisions of this title. The replacement cost shall be determined by the building official, whose decision may be appealed to the council.

Development of any property that has a nonconforming structure may be permitted under the following circumstances:

If the use of a nonconforming structure is discontinued for a period of one hundred eighty days or more, the structure shall lose its nonconforming status, and shall be removed or altered to conform to the provisions of this title. The use of a nonconforming structure shall be considered discontinued when any of the following apply:

A nonconforming site which is damaged to an extent of one-half or more of its replacement cost immediately before the damage may be restored only if made to conform to all provisions of this title. The replacement cost shall be determined by the director, whose decision may be appealed to the council.

Development of any property that has a nonconforming site may be permitted under the following circumstances:

If the use of a nonconforming site is discontinued for a period of one hundred eighty days or more, the site shall lose its nonconforming status, and shall be removed or altered to conform to the provisions of this title. The use of a nonconforming site shall be considered discontinued when any of the following apply:

Nonconforming Lot Size. Legally created lots under the California Subdivision Map Act that do not conform to the current minimum zoning ordinance lot size requirement may be constructed upon provided that all other sections of the municipal code can be met unless otherwise specified herein.

Setbacks.

Garages. Homes that were legally constructed in neighborhoods with predominantly a one-car garage shall maintain said one-car garage to accommodate fifty percent of the city's currently required off-street enclosed parking requirement and an additional one-car architectural carport or porte-cochere shall be provided to comply with the remaining fifty percent off-street covered parking requirement. Where garages have been enclosed, a two-car portecochere shall be provided and shall comply with all current setback requirements unless otherwise exempted herein;

Lot Coverage. In no case shall lot coverage exceed the zoning district requirement of thirty percent including the required two-car minimum four hundred square foot garage whether a two-car garage exists on the site or not. For lot coverage calculation purposes, portecocheres shall be included in the required lot coverage calculations.

The purpose of this chapter is to provide procedures for initiating and processing proposed amendments to the city's general plan map and zoning map and any specific plan map.

The purpose of this chapter is also to provide procedures for initiating and processing proposed general plan, specific plan and Title 17 text amendments submitted concurrently with an application for a statutory development agreement, subdivision map, a preliminary development permit or a conditional use permit ("entitlement application").

An eligible applicant, as defined in Section 17.36.040, subsection B, may apply for a general plan map, zoning map and specific plan map amendment pursuant to this chapter.

An eligible applicant, as defined in Section 17.36.040, subsection B, may apply for an amendment to the text of Title 17, the city's general plan, or any specific plan provided that the proposed text amendment is concurrently submitted to the city with an entitlement application.

A proposal to amend the text of Title 17, the city's general plan, or any specific plan unaccompanied by a concurrently entitlement application may only be submitted pursuant to the provisions set forth in Chapter 17.73.

Nothing in this chapter is intended to limit, modify or eliminate the voters' initiative rights as set forth in California Elections Code Sections 9200, et seq.

Nothing in this chapter is intended to limit, modify or eliminate the city council's or planning division's right and privilege to initiate and process amendments to the city's general plan map or zoning map or any specific plan.

If the proposed map or text amendment initiated under this chapter requires the preparation of an ordinance, such ordinance shall be prepared in conformance with Chapter 1.04.

The city attorney shall prepare an independent written staff report to the planning commission and city council for each of their respective meetings, at which the proposed amendment will be considered, that addresses whether the city has the authority to adopt the proposed amendment, whether the proposed amendment is constitutionally valid under the state and federal constitutions, and whether the proposed amendment is consistent with the general powers and purposes of the city, the city's charter, ordinances approved by the voters, and any applicable federal and/or state laws.

All proposed map amendments with or without concurrently submitted entitlement applications shall be subject to the public hearing requirements set forth in Chapter 17.74.

All proposed text amendments submitted pursuant to this chapter shall be subject to the public hearing requirements set forth in Chapter 17.74.

Upon receipt of the planning commission's recommendation as set forth in Section 17.72.070, the city council may:

If the city council approves the proposed text or map amendment with any substantive modification that was not previously considered by the planning commission during its consideration of the proposed text and/or map amendment, the proposed modification shall be referred by the city council to the planning commission for its review and recommendation. The planning commission shall not be required to conduct a public hearing to consider any such proposed modification unless otherwise provided by any applicable state or federal law. Failure of the planning commission to submit a recommendation to the city council on the proposed modification within twenty days after the subject referral was made shall be deemed a recommendation for approval of the proposed modification.

Notwithstanding any section set forth in this chapter, the planning commission may, prior to formally considering the merits of any associated entitlement application, refer any proposed text amendment initiated pursuant to this chapter to the city council separately and independently from the entitlement applications for the city council's review and recommendation on the policy aspects of the proposed text amendment.

The city council shall only be permitted to provide a non-binding recommendation, if it so chooses, to the planning commission on any proposed text amendment referred to the city council pursuant to this section. In no case shall the city council be permitted to render any final determination on the merits of the associated entitlement applications when its review is being sought by the planning commission pursuant to this Section 17.72.090.

All proposed text amendments referred to the city council pursuant to this Section 17.72.090 shall be placed on the next available city council agenda following the planning commission meeting at which the matter was referred to the city council, provided that all applicable public meeting and/or public hearing notice requirements can be met prior to said meeting.

The purpose this chapter is to provide procedures for initiating and processing amendments to the text of any of the following:

This chapter does not apply to proposed text amendments submitted concurrently with an application for a statutory development agreement, subdivision map, a preliminary development permit or a conditional use permit ("entitlement applications"). Proposed text amendments submitted concurrently with entitlement applications shall be processed pursuant to Chapter 17.72.

A proposal to amend the text of Title 17, the city's general plan, or any specific plan unaccompanied by a concurrent entitlement application may only be initiated by:

Notwithstanding subsection A of this section, an eligible applicant, as defined in Section 17.36.040, subsection B, may apply for a text amendment, pursuant to Chapter 17.72 if the proposed text amendment is concurrently submitted with an entitlement application.

Nothing in this chapter is intended to limit, modify or eliminate the voters' initiative rights as set forth in California Elections Code Sections 9200, et seq.

Proposed Ordinance. If the proposed text amendment requires the preparation of an ordinance, such ordinance shall be prepared in conformance with Chapter 1.04.

City Attorney Review. The city attorney shall review all proposed text amendments to determine whether the city has the authority to adopt the proposed amendment, the proposed amendment is constitutionally valid under the state and federal constitutions, and the proposed amendment is consistent with the general powers and purposes of the city, the city's charter, ordinances approved by the voters, and any applicable federal and/or state laws.

Public Hearing Requirement. If the proposed text amendment will have an affect on the use or intensity of the use of real property, the city council shall conduct a noticed public hearing pursuant to Chapter 17.74 before taking any formal action on the proposed amendment.

Environmental Review. All proposed text amendments shall be subject to environmental review in accordance with all applicable local, state and federal rules and regulations.

City Council Discretion. The city council may take any of the following actions on any proposed text amendment:

Notice of a public hearing shall include:

Notice of a public hearing required by this chapter for an amendment, appeal, approval, or permit shall be given as follows, as required by state law:

If the number of property owners to whom notice would be mailed is more than one thousand, the director may choose to provide the alternative notice allowed by state law (Government Code Section 65091(a)(3)).

If the number of property owners to whom notice would be mailed is less than twenty-five, then the mailing radius shall be increased to one thousand feet as measured from the exterior boundaries of the subject parcel to the exterior boundaries of the neighboring parcels.

In addition to the types of notice required by subsections B and C, the director may provide additional notice with content or using a distribution method as the director determines to be necessary or desirable (e.g., use of a greater radius for notice, on the Internet, etc.).

Hearings shall be held at the date, time, and place for which notice has been given in compliance with this chapter.

The summary minutes shall be prepared and made part of the permanent case file.

Any hearing may be continued.

The commission shall announce and record its decision at the conclusion of the scheduled public hearing. The decision shall contain the action of the commission, including all findings, conditions of approval, and reporting/monitoring requirements deemed necessary to mitigate any effects and protect the health, safety, and welfare of the city.

Following the commission hearing, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application.

Included within this mailing, shall be a city prepared letter for the applicant to sign, acknowledging that the applicant is in full concurrence/understanding with the final conditions of approval.

The decision of the commission shall be final unless appealed to the council.

The recommendation with findings of the commission for the following applications shall be transmitted to the council for final action:

The council shall announce and record its decision at the conclusion of the scheduled public hearing. The decision shall contain the findings of the council and any conditions of approval and reporting/monitoring requirements deemed necessary to mitigate any effects and protect the health, safety, and welfare of the city.

Following the council hearing, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application.

Included within this mailing, shall be a city prepared letter for the applicant to sign, acknowledging that the applicant is in full concurrence/understanding with the final conditions of approval.

The decision of the council shall be final, unless subjected to further legal action in compliance with state and federal law.

Any determination rendered by the department staff may be appealed to the director;

Any determination or decision rendered by the director may be appealed to the commission;

Commission Appeals.

Council Considerations.

Appeals shall be in writing on a form obtained from the department (for appeals to the director or commission) or city clerk (for appeals to the council). The appellant shall state the specific reasons for the basis of the appeal. Appeal applications shall include the required fee, in compliance with the city's fee resolution.

An appeal of a determination by the department staff, or appeal of a determination or decision of the director, shall be filed with the department secretary within ten days following the date of the final action for which an appeal is made.

An appeal of a commission decision shall be filed in the office of the city clerk within ten days following the date of the final action for which an appeal is made.

If the last day to file an appeal falls on a legal holiday recognized by the city or on a Saturday or Sunday, the following business day shall be deemed the last day to file the appeal.

Appeals to the director of a determination by the department staff shall be filed in writing with the department secretary within ten days following the date of the final action for which an appeal is made.

Appeals to the director shall be an administrative review by the director of a department staff determination. The director may convene a meeting with interested parties before rendering a decision on the appeal. Any meeting(s) conducted by the director shall not require a public notice.

The director shall render a written decision on the appeal within fifteen days of the filing of an appeal.

The directors decision may be appealed to the commission, in compliance with Section 17.76.030 (Filing appeals).

Public notice of an appeal to the commission or council shall be given in the same manner in which the original notice was given. A hearing date shall be set within thirty days of the filing of the appeal and any necessary materials.

Filing of an appeal shall delay all proceedings associated with the matter subject to the appeal (e.g., issuance of a building or grading permit, etc.), pending the city's final action on the appeal.

Joining an Appeal.

The appeal hearing shall be considered a hearing de novo and the review authority may consider any issue(s) associated with the appeal, in addition to the specific grounds for the appeal.

When reviewing an appeal the review authority shall adopt findings in support of the intended action on the appeal. The nature of the findings shall be in compliance with the findings adopted by the original review authority (e.g., conditional use permits Chapter 17.48 and variances Chapter 17.52, etc.)

The director or city clerk, as applicable to the level of review authority, shall mail a copy of the decision to the appellant, the applicant (if not the appellant), the commission, and the council within fifteen days after the date the decision is rendered.

Included within this mailing, shall be a city prepared letter for the applicant to sign, acknowledging that the applicant is in full concurrence/understanding with the final conditions of approval.

A determination by the department staff appealed to the director, or a determination or decision of the director, appealed to the commission shall not become final until a decision is made by the director or commission.

A decision of the commission appealed to the council shall not become final unless and until a decision is made by the council.

The councils decision shall be considered final.

The purpose of this chapter is to identify procedures for securing punitive revocation or modification of previously approved permits and approvals.

The city's action to revoke permits and approvals shall have the effect of terminating the permits or approvals and denying the privileges granted by the original approval.

Modifications.

A certificate, license, permit, or other approval may be revoked or modified by the review authority (e.g., director, commission, or council) which originally granted the permit or approval, or the equivalent city review authority, for permits or approvals originally granted under the county's authority, if any one of the following findings are made:

A minor variance or variance may be revoked or modified by the review authority which originally granted the permit or approval, or the equivalent city review authority, for permits or approvals originally granted under the county's authority, if any one of the following findings are made:

The director shall be responsible for enforcing the provisions of this title and any conditions imposed on land use permit or approval (e.g., development plan permits) granted by the city and allowed under this title.

Any use or structure which is altered, enlarged, erected, established, maintained, moved, or operated, contrary to the provisions of this title, is hereby declared to be unlawful and a public nuisance and shall be subject to the remedies and penalties outlined in Title 14 (Code Compliance and Remedies), and/or revocation procedures identified in the following chapters:

Any certificate, license, permit, or other approval issued in conflict with this title shall be deemed void.

Any corporation, firm, organization, partnership, or person whether as agent, employee, principal, tenant, or otherwise, violating any provision of this title or any condition imposed on a permit or approval, map, or license, or violating or failing to comply with any order made hereunder, shall be guilty of an infraction or misdemeanor in compliance with Title 14 of this Municipal Code.

Any violation of this chapter shall also constitute a public nuisance which may be abated in compliance with the procedures outlined in Municipal Code Title 14 (Code Compliance and Remedies).

Any construction in violation of this title or any condition(s) imposed on a license, permit, or approval shall be subject to the issuance of a "stop work order." Any violation of an officially issued stop work order shall constitute an infraction or misdemeanor in compliance with Title 14 of this Municipal Code.

In addition to any other remedy provided in this chapter, any provision of this chapter may be enforced by injunction issued by the courts upon a civil suit brought by the city of Rancho Mirage.

Every applicant seeking a permit or approval or any other action in compliance with this title shall allow the city official handling the application access to any premises or property which is the subject of the application, and the city official shall make the inspections as deemed necessary from time to time throughout the application process.

If the permit or approval is approved, in compliance with this title, the owner or applicant shall allow appropriate city officials access to the premises in order to determine continued compliance with the permit or approval and/or any conditions imposed by the review authority.

Amount and Applicability of Reinspection Fee.

Continuation of the Original Case.