Procedures for the processing of Development Permits are intended
to protect the integrity and character of the residential, commercial
and industrial areas of the City, through the application of the provisions
of this chapter consistent with the General Plan. At the time of application
submittal a review of the location, design, configuration and impact
of the proposed use shall be conducted by comparing such use to established
standards and design guidelines. This review shall determine whether
the permit should be approved by weighing the public need for the
benefits to be derived from the use against the impacts it may cause.
(Prior code § 159.44.010; Ord. 782 6-20-23)
Application for a Development Permit shall be filed in a manner consistent with the requirements contained in Chapter
17.68 (Applications and Fees).
(Prior code § 159.44.020; Ord. 782 6-20-23)
Development Permits shall be required for all applicable uses
and structures permitted by this Zoning Ordinance pursuant to Table
17.64.01. Specifically, a permit shall be required under the following
circumstances:
A. Development
Permits—Administrative (Review by the Director or designee);
1. Single
family residential housing—1 structure,
5. Residential
care facility;
B. Development
Permits—Minor (Review by the Director or designee);
1. Minor
additions to existing commercial, industrial, or mixed-use buildings,
but no more than 20% of the square footage of the existing structure,
and not subject to CEQA,
2. Multi-family
housing developments consisting of 20 units or less, and not subject
to CEQA;
C. Development
Permits—Major (Review by the Planning Commission);
1. New
construction on vacant lot,
2. Single-family
housing subdivisions,
3. Major
additions to existing commercial, industrial, or mixed-use buildings
more than 20% of the square footage of the existing structure, or
subject to CEQA,
4. Multi-family
housing developments consisting of 21 units or more,
5. All
other improvements, other than those listed above/subject to zoning
compliance/approval.
(Prior code § 159.44.030; Ord. 782 6-20-23)
A. Development
Permit applications shall be analyzed to assure that the applications
are complete and consistent with the intent and the purpose of this
chapter. To ensure effective implementation of General Plan policies
relating to design guidelines, each application for a Development
Permit shall be reviewed by the Planning Director for completeness
prior to Planning Commission review and possible action.
B. A Development
Permit shall not be granted if the underlying property or properties
in question have been issued a Code Compliance Notice of Violation/Notice
to Abate or are otherwise in violation of the Desert Hot Springs Municipal
Code. Notwithstanding, a Development Permit may be granted if the
application for same includes remedying any and all municipal code
violations.
(Prior code § 159.44.040; Ord. 782 6-20-23)
Upon receipt in proper form of a Development Permit application, a hearing shall be set and notice of the hearing given in a manner consistent with Chapter
17.104 (Hearings and Appeals) for an application in which the Planning Commission is the final review authority, or where the proposed commercial or industrial development is adjacent to a residential land use district.
(Prior code § 159.44.050; Ord. 782 6-20-23)
Following a hearing, the appropriate review authority, as outlined
in Table 17.64.01, shall record the decision in writing and shall
recite therein the findings upon which any such decision is based.
The review authority may approve and/or modify a Development Permit
in whole or in part, and shall impose specific development conditions.
These conditions shall relate to both on- and off-site improvements
that are necessary to mitigate project-related adverse impacts, and
to carry out the purpose and requirements of the respective land use
district. The review authority may approve a Development Permit, only
if all of the following findings are made:
A. The
proposed use is consistent with the General Plan;
B. The
proposed use is permitted within the subject land use district and
complies with all of the applicable provisions of this Zoning Ordinance,
including prescribed development standards and design guidelines;
C. The
subject site is physically suitable for the type and intensity of
the land use being proposed;
D. The
proposed development would be compatible with existing and future
developments within the land use district and general area;
E. There
are adequate provisions for water, sanitation, and public utilities
and services to ensure that the proposed use is not detrimental to
public health and safety;
F. There
is adequate public access and roadway capacity to serve the subject
proposal;
G. There
are no significant harmful effects upon environmental quality and
natural resources;
H. Any
negative impacts of the proposed use can and shall be mitigated; and
I. The
proposed location, size, design, and operational characteristics of
the planned use are not detrimental to the public interest, health,
safety, convenience, or welfare of the City.
(Prior code § 159.44.060; Ord. 782 6-20-23)
A. Unless
otherwise permitted by law, a Development Permit shall have a maximum
term of 5 years from the date of approval.
B. The
initial term of the Development Permit shall be 2 years.
C. An
extension may be granted prior to the expiration of the permit by
submitting an application and paying fees. The applicant may request
1 extension at a time for up to 1 year to the Planning Director requesting
the extension and reasons for the extension, not to exceed a total
extension time of 3 years. Upon receipt of the application, the Planning
Director or designee shall have the authority to approve, approve
with modifications to the approved conditions, add additional conditions,
or deny the request.
D. Development
Permits which are not exercised by the commencement of construction
within 2 years from the date of approval shall become null and void,
unless extended. In addition, if after issuance of a building permit,
work is discontinued for a period of 1 year, the Development Permit
shall become null and void, unless extended.
E. If
after issuance of a grading permit, work is discontinued for a period
of 6 months, then the Development Permit shall become null and void,
unless extended. Projects may be built in phases if pre-approved by
the review authority. If a project is built in preapproved phases,
each subsequent phase shall have 2 years from the previous phase’s
date of construction commencement to the next phase’s date of
construction commencement to have occurred, or the Development Permit
shall become null and void.
F. The
Development Permit shall become null and void if the project is not
operational by the end of the 5th year from the date of approval of
the Development Permit. In instances where the applicant has made
substantial progress in meeting the requirements of the Development
Permit defined as 90% of the project cost, the Director may grant
an additional extension to complete the project. Such extension shall
not be more than 1 year.
(Prior code § 159.44.070; Ord. 726 10-6-20; Ord. 782 6-20-23)
No permit shall be issued for any use involved in an application for approval of a Development Permit until, and unless, the same shall have become final, pursuant to Section
17.104.080 (Effective date).
(Prior code § 159.44.080; Ord. 782 6-20-23)
An approved development may be modified in a manner pursuant to Chapter
17.68 (Applications and Fees). Minor modifications to an approved development may be approved by the Director, pursuant to Chapter
17.120 (Minor Modifications).
(Prior code § 159.44.090; Ord. 782 6-20-23)
A. The City may initiate proceedings to revoke or modify a Development Permit granted pursuant to the provisions of this chapter. The hearing shall be conducted pursuant to applicable sections of Chapter
4.36 of the Desert Hot Springs Municipal Code, as may be amended from time to time. The decision of the Hearing Officer shall be final.
B. A Development
Permit may be revoked or modified if any of the following findings
can be made:
1. That circumstances have changed so that one or more of the findings contained in Section
17.92.060 can no longer be made;
2. That
the Development Permit was obtained by misrepresentation or fraud;
3. That
the use for which the Development Permit was granted had ceased or
was suspended for 6 or more consecutive calendar months;
4. That
one or more of the conditions of the Development Permit have not been
met;
5. That
the use is in violation of any statute, ordinance, law, or regulation;
or
6. That
the use permitted by the Development Permit is detrimental to the
public health, safety, or welfare or constitutes a nuisance.
(Prior code § 159.44.110; Ord. 695 10-15-19; Ord. 782 6-20-23)
The developer may be required to provide performance security
in a manner similar to that set forth in Section 16.08.230 for the
faithful performance of any or all conditions of approval.
(Prior code § 159.44.120; Ord. 782 6-20-23)