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HomeMy WebLinkAboutORD 99a AN ORDIHANCt Of THR CITY Of PALM DESERT, CALIlOMIIA, ADOPTUIC CHAPTER 23 SECTIONS 26.39 - f6.46 0! THt PAW DESERT mmictih CODE. TM City Council of the City of Palm Desert, California. DOE" H1o"T ORDAIN as follows: SECTION 1: Sections Z6.3 25.45 , attached hereto and labeled Exhibit "A", and all revisions thereto. labeled Exhibit "B". are hereby adopted as portions of Chapter 25 of the Pals Desert Municipal Code. SECTION 2: The City Clerk of the City of Pala Desert. California. is hereby directed to cause this Ordinance to be published within fifteen (15) days of adoption in the Pals Desert Post, a newspaper published and circulated within the City of Palm Desert. California and the same shall be in force and effect thirty (30) days after adoption. PASSED. APPROVED. and ADOPTED this 11th day of December 1915, by the following vote: �. AYES: ASTON, BENSON, BRUSH, McPHER30N A CLAM NOW: NONE ASSENT: NONS ABSTAIN: NONE ATTEST hjeama� City of Pals Desert, California AMENDED BY ORDINANCE #..../�q DATED:. -..1 �'''�• 7Z.._........ AMENDED BY O!'M JANCE #...I..I %......... _ _ g- UATLED: .Jam ... ............ r ARTICLE 2S.39 ADMINISTRATION • .. i 2S.39-1 Powers Authority and Res onsihilities of the Planning Commission and zoning Administrator Pursuant to the provisions of Section 65100 of the Government Code of the State of California, requiring each City to establish a Planning Agency, a Planning Commission is hereby established and designed as the Planning Agency of the City of Palm Desert, California. 25.39-1.02 Terms of Office The Planning Commission shall consist of five (5) members to be appointed by the City Council by a minimum of four (4) affirmative votes, each of whom shall serve a term of four (4) years. or until his successor is ap- pointed with a maximum of two terms and portion of an unexpired term; pro- - vided an unexpired term or other appointment of less than two (2) years shall not be considered a term under the provisions of this section while an unexpired term or other appointment of more than two (2) years shall be considered a term under the provisions of this section. The appoint- ment of the members of the Planning Commission shall be on September 1 of each year. Members of the Planning Commission shall be registered voters within the City of Palm Desert, California. 25.39-1.03 Meetings -The Planning Commission shall hold at least two meetings a month at such time and place as fixed by Resolution. Special meetings may be called as established in the Planning Commission By -Laws. 25.39-1.04 Powers, Authority and Reseonsibility The Planning Commission of the City of Palm Desert shall: (a) Prepare, adopt and recommend to the City Council a General Plan for the City of Palm Desert; 0 (b) Periodically review adopt anCrecommend revisions to the City Council of the General Pion; •� (c) Prepare, adopt and reemand to the City Council such spe- cific pans as may be necessary or desirable to carry out the objectives of the General Plani (4) Prepare, adopt and rsrfi end to the City Council drafts of r"ulatiens as may in its judgment be required for the systematic execu- tion e' the General Plant (e) Act as the advisory agency to the City Council in connec- tiea with the adilnistration 6f the State Map Act and Environmental L. . Quality Act of 19701 .� 2f." (1) C (f) Periodically review and recomi nd to the City Council re- garding the Capital Improvement program of the City; (g) Perform such other functions as the City Council may pro- vide or as may be imposed by law. 25.W1.05 - Establishment of the Office of the Zoning Administrator The Office of Zoning Administrator is hereby established., It shall be the duty of the Zoning Administrator to enforce the provisions of this Ordinance pertaining to the use of land, the erection, construction, reconstruction, moving conversion, alteration, or addition to -any building or structure. The Director of Environmental Services sho'M function'as the Zoning Administrator. 25.39-2 Design Review Board 4:- 25.39-2.01 Intent and Purpose A Design Review Board is established in order to: - Review commercial and multi -family projects and recommend ap- proval, alternatives, changes or denial of said projects to the Planning,Commission. _ - Recognize the interdependence of land values and aesthetics and provide a method by which the City may implement this in- terdependence to its benefit. - Encourige the development of private and public jLroperty in harerony with the desired character of the City and in confor- mance with the guidelines herein provided with due regard to the public and private interests involved. - foster attainment of those sections of the City's General Plan which specifically refer to the preservation and enhancement of the particular character and unique assets of this City and its he,= Ious development, through encouraging private and public interests to assist in the implementation process. - Assure that the public benefits derived from expenditures of pblic funds for improvement and beautification of streets and other public structures and spaces shall be protected by tha exercise of reasonable controls over the character and resiggnn of buildings and open spaces to include street land- gapin4, median strips• parks, etc. 15.214.02 Membership. Meetinas.'Dutiss and Responsibilities The Design Review Bard shall consist of seven members. five mem- bers shall be citizens appointed by the Meyer and approved by the city Council. m ls." (1) The five citizen members (if available) shall be two architects, one civil engineer, one landscape architect and one lay person knowledge- able in the design field. Citizen members shall be appointed based on their civic responsibility, ability to give objective, effective, constructive and unprejudiced criticism, ability to give direction and suggest alternatives, and their use of diplomacy and tact in expressing their judgment. The Director of Environmental Services or his designated representa- tive; and the Building Official or his designated representative shall be non -voting members of the Board except to constitute a quor- um. If one additional voting member is necessary, the Director of Environmental Services may vote. If two additional voting members are necessary, the Building Official may also vote. All members of the ORB shall serve for an unspecified time or for a specified period as established by the City Council. The Director of Environmental Services shall appoint a member of the .. Department of Environmental Services to serve as Secretary to the Board. The ON shall hold a minimum of two public meetings a month and addi- tional meetings is directed by the Board. An applicant, upon the filing of an application, shall be advised of the date and place of his hearing before the Board. Four voting members must be present to hold a meeting. A majority vote of the members present is sufficient C to take action•In a submittal. The duties of the DRS shall be to review and approve or cause to be modified, all proposed developments requiring qualified aesthetic and architectural judgment to the end that the general appearance of all Proposed developments shall preserve or enhance the physical environment and character of the City of Palm Desert. 25.39.2.03 Required Drewincs An applicant shalt submit a design review application form and the following materials as applicable to the specific project (in suffi- cient size and quantities as determined by the City Staff) to the 1. In the "design development" phase of the project: .(s) A dimensioned Site Plan showing: Roof plan of buildings) Location of existing trees and structures • Location and dimensions of streets, alloys, and highways • Location ,of off-street parking and loading facilities .. • Location of points of entry and exit for vehicles and internal circulation patterns .i • Location of walls and fences 25.39 (3) J - Location of exterior lighting standards - Grading &W slopes - existing and proposed C - Location of existing easements, drainage and utilities - Street and .road improvements. :(b) Dimensioned architectural drawings included: - A plan to scale - Elevations to include all sides of the prpoposed pro- ject (buildings, fences) indicating materials and colors Perspectives, model or other suitable graphic -mater- ials at the option of the Board (c) A schematic landscape plan, designatinj areas to be landscaped, landscape materials, and sprinkler system. (d) Site photographs at tW-option of the Board (e) Fire protection facilities and capacities 2. In the final "application for a building permit" phase, the -lame information outlined above, developed into complete construction documents, shall be submitted. 2S.39-2.04 Findings ` The M shall review the materials submitted with the application with respect to the following: - Conformance with adopted development standards - General Site Utilization - General architectural considerations including a review of: - the height, bulk and area of the buildings - the colors and materials to be used - the physical and architectural relationship of the pro - al with with existing and proposed structures tM site, layyoout, orientation and location of buildings and their relationship with open areas, topography, and line of site Might, materials, colors and variations in boundary walls, faeces or screen planting • appropriateness of sign design and exterior lighting • low I Landscaping Considerations . 2s.3l-2.05 lion of 99 M To rocewmend approval of an application, the bard shall •finds .�, sty � Fr ..4 • a .. . • • TMt the proposed development conforms to any legally adopted development standards. • That the design and location of the proposed development and Its relationship to neighboring existing or proposed develop- wents and traffic is such that it will not impair the desir- ability of investment or occupation in the neighborhood; and that it will not unreasonably interfere with the use and en- joyment of neighboring existing or proposed developments, and that it will not create traffic hazards or congestion. • That the design and location of the proposed development is in ` keeping with the character of the surrounding neighborhood and is not detrimental to the harmonious, orderly, and attractive development contemplated by this Orainance and General Plan of the City. • That the design and location 6T the proposed development would provide a desirable environment for its occupants, as well as for its neighbors and that it is aesthetically of good composi- tion, materials, textures and colors. - The proposed use must conform to all the requirements of the zone in which it is located and all other applicable requirements. C - The overall development of the land shall be designed to ensure the protection of the public health, safety, and general wel- fare. 25.39-2.06 €ffective Cate of DRB Decisions The Board shall consider mutters before them within thirty (30) days after the date of filing of the required application with the Planning Division of the Department of Environmental Services. If the Board fails to render a decision within thirty (30) days from its first con- siderstion. then the applicant shall be automatically forwarded to the Planninngg Commission for consideration and action. If the Planning Conwission fails to render a decision within thirty (30) days from its first consideration, then the application shalt be automatically for- warded to the City Council for consideration and action. 25.39-2.07 Developments SubJect to Site Plan Review No ose certificate for a new structure or for the exterior alteration or enlargement of an existing structure Shall be issued until the davelop e-t has been reviewed and approved by.the DRB as prescribed by this svetion. 25.39-2.O6 HAfl Win 1 The Gwironmental Services staff shall process and review.all Design • Review Board applications and shall act as professional advisors to the Be". Other staff members may provide advice to the Board de- . 96.39 (6) r pending9 upon the complexity of the project and the need for specific expertise. C M 39-2.09 Design Review Area No action shall be taken on an application for the issuance of a building or sign permit for any sign, building or structure in all zone districts in the City, except the single-family residence zone, without the approval of the Design Review Board. The Board shall also review and make recom- mendations on any matter referred to the Board by the City Council or Planning Commission. 25.39-2.10 Delegation of Authorit The DRB may, at its discretion, authorize the Director of Environmental Services to approve or cause to be modified, sign applications not ex- ceeding $2,000 in value, exterior remodelings not exceeding $2,500 in value, and proposed additions to commercial buildings not exceeding a change or increase in 25% of the total square footage. - 25.39-2.11 Staff Review of Single Family_ Residence The Staff of the Department of Environmental Services shall review applications for the issuance of a building permit for a dwelling in the single family and residential estate zones. The Staff shall utilize the criteria in Sections 25.39-2.04 and .05 in approving or causing to be modified such a request. The Staff, on its own initia- tive, may forward such a request to -the DRB for action. �•' 25.39-2.12 Establishment of Architectural & Development Standards The Board shall develop specific criteria for design to be considered in reviewing applications for development in the City. Said guide- lines or development standards shall be submitted to the Commission for review and recommendation to the Council. The Council shall re- view and take final action by Resolution on all such recommendations. Such guidelines or development standards shall not be applied until approved by the Council. The guidelines and development standards may be amended from time to time as initiated by the Council, the Planning Commission or the DRB.. 25.39-2.13 -Heals to DRS Any action taken by the Cit,y staff outlined in Sections 25.39-2.10 9 .11 may be appealed to the DRB within fifteen (10) days from the date of the decision. A single fammily applicant may accept the recommenda-. tions of the ORB of his appeal or he can continue his appeal to the Planning Commission. 26.39-2.14 ;rdination with Required Site Plan Review - The Director of Environmental Services shall assure that all actions tOm by the DRB are coordinated with the Department of Environmental Servic@s' sit@ plan review process. .a 25,30 (6) (AMENDED BY ORDINANCE 129) 25.39-2.15 Planning Commission Review All requests for initial plot plan approval on property located in any district (except as heretofore indicated) shall be acted upon by the DR8 and forwarded to the Planning Commission for final re- view and approval. The Commission may, by a majority vote, elect to assume authority over any other request. The Planning Commission shall use the same criteria in evaluating a project as outlined in this Article for the DRB. 2S.39-2.16 AoDeals to City Council An applicant, the City Council. or any owner of property -located within three hundred (300) feet of'the subject property may appeal from the decision of the Planning Commission to the City Council within fifteen (15) days from the date of the decision. ` 25.39-2.17 City Council The City Council may, by majority vote, elect to assume authority over any request acted upon by the Design Review Board or Planning Comwission. The Council shall use OF same criteria in evaluating a project as outlined in this Article for the Design Review Board. 25.39-3 Determination as to Uses Not listed 25.39-3.OT Intent and Purpose In order to insure that the zoning regulations will permit all simi- lar uses in each district, the Planning Commission, upon its own initiative or upon request, shall determine whether a use not spe- cifically listed as a permitted or conditional use in any district shall be deemed a permitted use or a conditional use in any one or more districts on the basis of similarity to uses specifically listed. The procedure; of this section shall not be substituted for the amend- ' went procedure as a means of adding new uses to the list of permitted or conditional uses. 25.39-3.02 Alpplication: Submittal Requirements Application for determination of similar uses shall be made in writing to the Director of Environmental Services and shall include a detailed description of the proposed use and such other information as may be required to facilitate the determination. 25.39-3.03 Investigation and Report The Oirector of Environmental Services shall make such investigation of the app)ication as necessary to compare the nature and characteristics of the proposed use with those uses specifically listed and shall make a report of his findings to the Planning Commission. 15.39-3.04 Determination The determination of the Planning Commission shall be rendered in writing and shall be transmitted to the City Council within fifteen (15) days of the determination. The decision of the Commission shall become final with- in thirty-(30) days unless an appeal is filed or unless a majority of the Council elects to review the determination. 16.39 (7) 5.39-3.05 mat to City Council A decision of the Commission may be appealed within fifteen (15) days to the Council by the applicant or any other person, as prescribed in Article 2S.39-10, Appeals. 25.39-3.06 Determination by City Council The City Council shell make a determination as prescribed in Article 25.39-10, Appeals, if an appeal has been filed within the prescribed fifteen (15) day appeal period. The decision of the City Council shall be final. 2S.39-4 Conditional Uses 2S.39-4 Intent and Purpose In order to give the use regulations the flexibility necessary to achieve the objectives of this Ordinance, in certain districts, conditional uses are permitted, subject to the granting of a Conditional UV Permit. Be- cause of their unusual characteristics,.conditional uses requtre-special consideration so that they may be located properly with respect to the••ob- jectives of the zoning regulations and with respect to their effects oft — surrounding properties. In order to achieve these purposes, the Planning Commission is empowered to grant or deny applications for Conditional Use Permits for such conditional uses -as are prescribed in the district regu- lations and to • impose reasonable conditions upon the granting of Condi- tional Use PerM is subject to the right of appeal to the City•Council. 25.39-4.0,P Application: Submittal Requirements Application for a Conditional Use Permit shall be filed with the Planning 'Division on a form prescribed by the Planning Commission and shall include the following data and maps: (1) Naar and address of the applicant. (2) Statement that the applicant is the owner or the authorized agent of the owner of the property on which the use is pro- posed to be located. This provision shall not apply to a proposed public utility right-of-way. (3) Address and legal description of the property. (4) Statement Indicating the precise manner of compliance with each of the applicable provisions of this Ordinance, to- gether with any other data pertinent to the findings pre- requisite to the granting of a Conditional Use Permit, pro- scribed to this season. (5) A list of all awnera of property loaned within three hun- dred (300) feet of the exterior boundaries of the subject •i 16.39 (a) � a 1 t t .yes. f • �.. e �> f� property; the list shall be keyed to a map showing the lo- cation of these -properties. (6) Plot plans and elevations, fully dimensioned, indicating the type and location of all buildings and structures, parking and landscape areas and signs. Elevation plans shall be of sufficient detail to indicate the type and color of materials to be employed and methods of illumina- tion for signs. Screening, landscape and irrigation plans shall be included in the -plans. (7) The Planning Division may require additional information or plans, if they are necessary, to enable a determination as to whether a Conditional Use Permit should be granted or denied. The Director of Environmental Services may author- ize omissions of any or all of the plans and drawings re- quired by this section if they are not necessary. *s_ 25.39-4.03 Investigation and Report The Planning Division shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the Planning Commission and made available to the applicant prior to the Public Hear- ing. _ 25.39-4.04 Hearing_Responsibili&Z C All Conditional Use Permit applications required by the following regula- tions shall be heard, and a determination shall be made by the Planning Commission. 25.39-4.05 - Hearings The Planning Commission shall hold at least one public hearingg on each application for a Conditional Use Permit. The hearing shall be set and notice given as prescribed in Article 25.39-9. At the public he ring, the Planning Commission shall review the applica- tion and drawings submitted therewith and shall receive pertinent evidence concerning the proposed use and proposed conditions under which it would be operated or maintained. 25.39-4.06 Action n of the Planning Commission The Commission may grant a Conditional Uy Permit as the permit was ap- plied onalrUse Permor iit m y befied ygranted foror the laclimited tine period, & may be ranted subject to such conditions as the Commission may prescribe. Con- tions my Include, but shalt not be limited to, payment of drainag�e ' fees requiring special yards open spaces buffers, fences and Malls, Zu�ring installation and maintenance of landscaping; requiring street rreeqq iestions and Improvamentsl regulation of points of vehicular ingress 26.39 (9) 9 and egress; regulation of traffic circulation; regulation of signs; regu- lation of hours of operation and methods of operation, control of poten- tial nuisances; prescribing standards for maintenance of buildings and grounds; prescription of development schedules and development standards; and such other conditions as the Commission may deem necessary to insure compatibility of the use with surrounding developments and uses and to preserve the public health, safety and welfare. A Conditional Use Per- mit my grant Variances or Adjustments to the regulations prescribed by this Ordinance for which variance and adjustment procedures are pres- cribed bx Article 25.39-5. 25.39-4.07 findings - The Planning Commission shall Make the following findings before granting a Conditional Use Permit: (1) That the proposed location of the conditional use is in accord with the objectives of this-0rdinance and the purpose of the district in which the site is located. (2) That the proposed location of.the conditional use and the condi- tions under which it would be operated or maintained will not be 'detrimental to the public health, safety, or welfare, or be ma- terially injurious to properties or improvements in the vicinity. - a (3) That the proposed conditional use will comply with each of the applicable provisions of this Ordinance, except for approved Variances or Adjustments. (4) That the proposed conditional use complies with the goals, ob- jectives, and policies of the City's General Plan. 25.39-4.06 Effective bate of the Use Permit The decision of the Planning Commission shall be final within fifteen (15) days from the date of the decision unless an appeal has been filed with the city council. 25.39-4.09 Appeals A decision of the Planning Commission may be appealed to the City Council. 25.39-4.10 . . Determination by city Council or Planning commission The City .Council shall hold a public hearMng on a Conditional Use Permit if an appeal has been filed within the prescribed fifteen (15)•day ap- peal pa iod0 The decision of the City Council shall be final. 26.39-4.11 j,anse of fonditlonal Use Permit - A conditional Use Permit ishall lapse and shall become voi0•one year fol- lowing the date on which the use permit became effective, unless prior 2s.99 (10) C to the expiration of one year, a building permit is issued and construc- tion is co+eaenced and diligently pursued toward completion on the site Much was the subject of the use permit application, or a certificate of occupancy is issued for the structure which was the subject of the use permit application, or the site is occupied if no building permit or certificate of occupancy is required, provided that a use permit for a public utility installation may be valid for a longer period if speci- fied by the Planning Commission. Prior to the expiration of the permit, the applicant way request a twelve (12) month extension by filing for a public hearing before the Planning Commission. 25.39-4.12 Modification of Conditional Use Articles 25.39-4.02 through .06 shall apply to an application for modifl- cation, expansion, or other change in a conditional use, provided that minor revisions or modifications may be approved by the Director of En- vironmental Services if he determines that the changes would not affect the findings prescribed in Article 25.39-4.07 and the application for.re- vision or modification (1) is filed within one year from the date the orig- inal Conditional Use Permit becomes final, (2) does not change the use designated in the original Conditional Use Permit, (3) does not increase, reduce, or alter the size or shape of the premises to which the origint-L Conditional Use Permit pertained, and (4) does not extend the time in which the actual establishment of the Conditional Use Permit or the com- mencement of construction under the Conditional Use Permit shall take Place. C 25.39-4.13 - Suspension and Revocation Upon violation of any applicable provision of this Ordinance, or, if granted subject to conditions, upon failure to comply with conditions, m Conditional Use Permit shall be suspended automatically. The Planning Commission shall hold a public hearing within forty (40) days, 1n accord- ance with the procedure prescribed in Article 25.39-9 and if not satis- fied that the regulation, general provision, or condition is being com- plied with, may revoke the Conditional Use Permit or take such action as way be necessary to ensure compliance with the regulation, general pro- vision, or condition. Within fifteen (15) days following the date of a decision of the Commission revoking a Use Permit, the Secretary shall transmit to the City Council wri ten notice of the decision. The deci- sion shall become final thirty (30) days following the date on which the Use Permit was icy unless an appeal has been filed. 26.W4.14 New&Mlstations fellowseeqq the denial of a Conditional Use Permit application or the revo- cation rf a Conditional Use Permit no application for a Conditional Use Permit for the same or substantial the same conditional use on the same or substantially.the same site shelf be filed within one year from the date of denial or revocation of the Conditional Uae Permit. 25.39 (11) C IS.39-4.15 Use Permit to Run With the Land A Conditional Use Permit granted pursuant to the provisions of this Article shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the Conditional Use Permit application. However, the City shall be notified of any change of ownership within ninety (90) days of Its occurrence. 25.39-4.16 Use Permit and Change of lone Filed Concurrently Application for a Conditional Use Permit may be made at the some time as application for a change in zone boundaries including the same property, in which case the Planning Commission shall hold the public hearing on the zoning reclassification and -the Use Permit at the same _ meeting and may combine the two hearings. For purposes of this sec- tion, the date of the Commission decision on the Use Permit applica- tion shall be deemed to be the same,ae the -date of enactment by the City Council of an Ordinance changing the zone boundaries, provided that if the Council modifies a recommendation of the Commission on a zoning reclassification, the Use Permit application shall be recon- sidered by the Commission in the same manner as a new application. i 2S.39-S Variances and Adjustments C PS.39-S.01 Purooses and Authorization (1) Variances and adjustments from the terns of this Ordinance shall be granted only when, because of special circumstances applicable to the property, including size, shape, topo- graphy, location or surroundings, the strict application of this Ordinance deprives such property of privileges en joyed by other property in the vicinity and under identi- cal zoning classification. Any Variance or Adjustment granted shall be subject to such conditions as will assure that the adjustiment thereby authorized shall not constitute a grant of special privileges inconsistent with the limita- tions upon other properties in the vicinity and district in which such property is situated. (2) The power to grant Variances and Adjustments does not ex- tend to use regulations. Flexibility to the zoning regula-�- tions is provided in the Conditional Use provisions of this Ordinance. 2S.39-5.02 Application: Submittal Requirements Application for a Variance or Adjustment shall be filed with the Depart- wnt of Environmental Services on -a form prescribed by the Planning Com- omission and shall include the following data and maps: (1) Name and address of the applicant. (2) Statement that the applicant is the owner or the authorized agent of the owner of the property on which the Variance is + • being requested. • (3) Address and legal description of the property. (4) Statement of the precise nature of the Variance or Adjust- ment requested and the practical difficulty or unnecessary physical hardship inconsistent with the objectives of the zoning regulations that would result from a strict or tit - oral interpretation and enforcement of the specified regula- tion, together with any other date pertinent to the findings prerequisite to the granting of a Variance or Adjustment,. prescribed in Article 26.39-5. (5) An accurate sale drawing of the site and any adjacent property affected, showing, when pertinent. the contours at intervals of not more than two (2) feet, and all existing and proposed loca 36.39 (13) 1 tions of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking facilities, and landscaped areas. (6) A list of all owners of property located within three hundred (3001 feet of the exterior boundaries of the subject property; the list shall be keyed to a map showing the location of these properties. (7) The Director of Environmental Services may require additional.in- formation or plans, if they are necessary, to enable a determina- tion as to whether the circumstances prescribed for -the granting of a Variance or Adjustment exist. The Director of Environmental Services may authorize omission of any or all of the plans and drawings required by this section if they ahe not necessary. " 2S.39-5.03 Investigation and Report At The Department of Environmental Services shall make an investigation of each application that is subject of a public hearing and shall prepare a report thereon which shall be submitted to the -Planning Commission, and made avail- able to the applicant prior to the public hearing. 2S.39-5.04 Fearing Responsibility (1) Applications for Adjustments solely to the following regulations shall be heard and a determination shall be made by.the Zoning . Administrator: (a) Building site area (b)' Building sib width M (c) Cards (d) Off-street parking regulations (2) All other Variance applications shall be heard and a determine- tion shall be made by the Planning Commission. (3) An Adjustment is any Variance to the terms or requirements of this Ordinance which, if granted, would allow the following: (a) A decrease of not more than ten (10) percent of the re- quired building site area pr width. (b) A decrease of not more than twenty (20) percent of the re- quired width of a side yard or the yard between buildings. (c) A decrease of net mare than forty (40) percent of the re-. • quired rear yard. l6.39 (14) may, "2 ).. (d) A decrease of not more than forty (40) percent of the dis- tance required between the front property line and the build- ing line. (a) A decrease of not more than ten (10) percent of the required parking spaces. (f) An increase of not more than ten (10) percent of the per- mitted projection of steps, stairways, landings, eaves, over- hangs, masonry chimneys, and fireplaces, into any required front, rear, side or yard between buildings. 25.39-S.05 Public Hearing The Planning Commission shall hold a public hearing on an application for a Variance. The hearing shall be set and notice given as prescribed in Ar. - ticle 25.39-9. At a public hearing, the Commission shall review the appli- cation, statements, and drawings submitted therewith and shall receive.per- tinent evidence concerning the Variance, particularly with respect to the findings prescribed in Article 25.39-5. No public hearing is required for the consideration of an Adjustment application. Public hearing time and notice requirements shall be met as provided in Article.25.39-9. ` 25.39-S.06 Action of the Planning Commission or Zoning Administrator C -The Commission or Zoning Administrator may grant a Variance or Adjustment as the Variancitor Adjustment was applied for or in modified form, or the limitedttiime perioddeoremay beYgranted subjectsto conditionsgasnthe Coma mission or Zoning Administrator may prescribe. dS.394.07 Findings The Planning Commission or Zoning Administrator may grant a Variance or Adjustment to a regulation prescribed by this Ordinance with respect to fences, walls, hedges, screening, or landscaping; site area, width, or depth; front, rear* or side yards; coverage, height of structures& dis- tances between structures, usable open space, frontage on a public street, or other development standards as the Variance or Adjusftnt was applied for or in modified form, if, on.;ho basis of the application and the evi- dence submitted, the Commission or Zoning Administrator makes finding9s of fact that establish that the circumstances prescribed in paragraphs 1. 2, 3. and 4 below do applys (1) That strict or literal interpretation and enforcement of the specified regulation would result in prectical difficulty or unnecessary physical hardship inconsistent with the objectives of this Ordinance. (t) That there are exceptional or extraordinary circumstances or•con- ditions applicable to the property involved or to the intended (• use of the property that do not apply generally to other prop- 25.39 (15) l C (i erties in tM same zone. (3) That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same vicinity • and zone. ' (4) That the granting of the Variance or Adjustment will not be de- trimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 25.39-S.08 Appeals A decision of the Planning Commission on a- Variance may be appealed to the City Council. A decision of the Zoning Administrator may be appealed to the Planning Commission. 25.39-S.09 Determination by City Council or Planning Commission The City Council or Planning Commission shall hold a public hearing on a Variance or Adjustment as prescribed In -Article 25.39-10 if an appeal has been MR within the prescribed fifteen (15) day appeal period. The de- cision of the City Council shall be final. 25.39-5.10 Effective Date of Variance or Adjustment A decision of the Planning Commission or Zonin Administrator, on a Vari- ance or Adjustment shall be effective fifteen (15) days after the date of the decision unless an appeal has been filed. A Variance or Adjustment shall be- m effective immediately after it is granted by the City Council.- 25.39-5.11 lapse of Variance or Adjustment A Variance or Adjustment shall lapse and shall become void one year fol- lowing the date on which the Variance or Adjustment became effective un- less prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the Variance or Ad ustment application, or a permit is issued authorizing occupancy of the site or structure which was the subject of the Variance or Adjustment application, or the site is occupied if no building permit or certificate of occupancy is required. Prior to the expiration of a permit. an applicant may request a twelve (12) month extension by filing for public hearing before the Planning comrmission. 15.3M.12 Mroeation A Variance or Adjustment granted by the Planning Commission or Zoning At ' Mnistrator subject to conditions shall be revoked by the Commission or Wag Administrator, respectively, if the applicant has not complied with the conditions. The decision of the Commission or Zoning -Administrator revokinr a Variance or Adjustment snail become effective fifteen (15) days 26.39 (16) C following the date on which it was revoked unless an appeal has been filed. A Variance or Adjustment granted by the City Council shall be revoked only by the City Council. 25.39-S.13 New Application Following the denial or revocation of a Variance or Adjustment applica- tion, no application for the same or substantially the same Variance or Adjustment on the some or substantially the same site shall be filed within we year of the date of denial or revocation of the Variance or Ad- justment. 2S.39-5.14 Variance or_Adfustment Related to Plans Submitted Unless otherwise specified at the time a Variance or Adjustment is granted, it shall apply only to the plans and drawings submitted as part of the ap- plfcatfon. _ :s- 25.39-6 Annexed Territory 25.39-6.01 District Designation Territory annexed to the City subsequent to the effective date of this Ordinance shall, upon the date that said annexation becomes effective, - become a part of the Study District, unless the City Council determine • otherwise by Ordinance. Such districting shall be temporary and the Plan- ning Commission shall recommend to the City Council within a period of not to exceed one (1) year a final zoning plan for the annexed territory. 2S.39-6.02 Prezonina Unincorporated Territory Unincorporated territory may be prezoned by the City fee the purpose of determining the zoning that will apply to such territory in the event of subsequent annexation to the City of Pale Desert. 2S.39-6.03 Procedure Consideration of the zoning classification, conditional use or variances to be applicable to propert to be annexed, shall be in accordance with the procedure provided in the case of property already in the City. Pr000rty Classification The prezoning designation as approved shalt be shown on the Zoningq Nap with a,'UA" prefix attached to the designation to indicate "Uppoon Annexa- tioe', for ascaa�pIt - (UA) PR-10. Once the annexation is completed, the OWN i.6011;1 sAa11 be raovod. 16."4.04 AmIatlon schedule Any prazoned classification mr be subject to a specific ties table for ow+exation of all or part of property to the City. ffie City reserves 16.30 (17) I���i7i��^WI�. �' •h't� .� h pY i b the right to review annually whether the prezoned property is being on- nexed to the City in conformity with the time table and the City Council may. and expressly reserves the right and power, to revoke the prezoned classification solely upon the ground that annexation has not taken place according to said time table. 2S.39-6.06 Notification of the Board of Supervisors In addition to any other public notice required, the City shall, as a part of any rezoning request, notify the Board of Supervisors of the County of .Riverside of the proposed application of the prezoning process. 2S.39-7 Amendments to Zonino Ordinance Text 25.39-7.01 * Intent and Purpose The text of this Ordinance may be amended by changing the district regula- tions or any other provision of this Ordinance in accord with the proce- dure described in this section. 25.39-7.02 Initiation The Planning Commission may initiate proceeding by motion and then hold` public hearings and make a recommendation as provided below. C The City Council may initiarte proceedings by motion and then submit the matter to the binning Commission for public hearings. 25.39-7.03 Public Hearing The Planning Commission shall hold at least one public hearing on each .proposal for text amendment. The hearing shall be set and notice given as prescribed in Article 25.39-9. 25.39-7.04 Investigation and Report The Planning Division shall make a review of the proposal and shall prepare a report thereon which shall be submitted to the Planning Commission prior to the public.hearing. 26.39-7.05 Ution by the Planning Commission Within twenty-one (21) days following the elosing of the public hearing, the Planning turmlssion shall make a specific finding as to whether 'the text amendment is consistent with the objectives of this Ordinance and the adopted General Plan, and shall recommend that the proposal be adopted, &.:opted in modified form* or rejected. H.31-7.06 fiction by tht City Council The City Council shall hold at least one public hearing on the proposal within forty (40) days after receipt of the report of the Planning Com- mission. The hearing shall be set and notice given as prescribed in Article 25.39-9 Public Hearings Time and Notification Requirements. r within twenty-one (21) days following the closing of the public hearing, the Council shalt make a specific finding as to whether the change is consistent with the objectives of this Ordinance. If the Council finds that the -change is consistent. it shall introduce an Ordinance amending the Zoning Ordinance text. If the Council shall find that the proposal is not consistent, it shall deny the application or reject the proposal. The Council shall not modify a decision of the Planning .Commission recom- mending adoption of the.text amendment until it has requested and con- sidered a report of the Commission on the modification, unless said modi- fication had been considered by the Planning Commission during its pub- lic hearing on the matter. Failure of the Commission to report within forty (40) days after receipt of the Council request.shall be deemed con- currence. r 25.39-7.07 New Proposal Followina Denial Following the denial for an amendment to the Zoning Ordinance text, a re- quest for the same or substantially the same change shall not be filed within one (1) year of the date of denial. 2S.39-8 � Amendments to Zoning Map or Change of Zone t5.39-8.01 Procedures a The Zoning Map may be amended by changing the boundaries of any district C in accord with the procedures described in this section. 25.39-8.02 Initiation - A change in it* boundaries of any district may be initjated by the owner or the authorized agent of the owner of the property by filing an appli- cation for a change in district boundaries. If the property for which a change of district is proposed is in more than one ownership, all the owners or their authorized agents shall join in the filing of the appli- cation. A change in the boundaries of any district my additionally be initiated by Resolution of the Commission or the Council. 25.39-8.03 Application - Submittal Requirements A property over desiring to propose a change in the boundaries of the district in which his property is locate6 or his authorized agent, may file with the Departswit of Environmental Services an application for a ebange in district boundaries on a form prescribed by the Planning Com- missien and shall include the following informations (1) dame and address of the applicant. ems' T9*+6: iF:' _ 4.• .� ---- 7 1At�1_ .' Y • C (2) Statement that the applicant is the plaintiff in any action in eminent domain to acquire the property or the owner or the au- thorized agent of the owner of the property for which the change in district boundaries is proposed. (3) Address and legal description of the property. (4) An accurate scale drawing of the site and the surrounding area showing existing streets and property lines for a distance de- termined by the Director of Environmental Services to be neces- sary to illustrate the relationship to and impact on the surround- ing area. (S) A list of all owners of properties located within three hundred (300) feet of the exterior boundaries of the subject property, taken from the latest adopted tax roll of Riverside County; the list shall be keyed to a map showing the location of these prop- erties. 25.39-8.04 Investigation and Report The Department of -Environmental Services shall make an investigation of-4he application and shall prepare a report which shall be submitted to the Com- ■ission and to the applicant prior to the public hearing. ( ' •25.39-8.OS ._14Tic Hearing The Commission shall hold at least one public hearing on each application for a change in district boundaries. The hearings shall be set and notice given as prescribed in Article 2S.39-9. t5.39-8.06 Action by the Planning Commission Within twenty-one (21) days following the closing of the public hearingy, the Commission shall make a specific finding as to whether the changes consistent with the objectives of this Ordinance and shall recommend that the application be granted, granted in modified form, or denied. The de- nial of the request by the Planning Commission shall be -considered final unless appealed. 25.39-6.07 &2281 to the City Council A decision of the Commission involving a denial of an application for a change in district boundaries my be appealed to the Council within fif- teen (15) days of the decision by the applicant or any other person as ?rascribed in Article 25.39.10 of this Ordinance. 1".39-8.08 &Ifon by tbf City Council • The City Council shalt bald at least one public hearing on an application C within forty (40 days after receipt of the Resolution or report by thi Commission, provided that no hearing shall be held on an application 15.39 (20) ch . which has been denied by the Commission unless an appeal is filed. The r hearing shall be set and notice given as prescribed in Article 25.39-9. Within twenty-one (21) days following the close of a public hearing, the Council shall make a specific finding as to whether the change is consls- tent with the objectives of this Ordinance. If the Council finds that the change is consistent, it shall introduce an Ordinance amending the Zoning Map. If the Council finds that the change is not consistent, it shall deny the application. The Council shall not modify a decision of the Planning Commission recommending granting of an application until it has requested and considered a report of the Commission on the modifica- tion. Failure of the Commission to report within forty (40) days•after receipt of the Council request shall be deemed concurrence. 25.39-8.09 New Application Following Denial Following the denial of an application for a change in district boundaries an application or request for the same or substantially the same change shall not be filed within one year of the date of denial. 25.39-8.10 Change of Zoning Ma A change in district boundaries shall be indicated by listing on the Zoning Map the number of the Ordinance amending the map. -- 25.39-9 Public Hearing Time and Notice The Director of Envirb;vnental Services shall set the time and place of hear- ings required by=this Ordinance to be held by the Planning Commission. The Planning Commission may, however, change the time or place of a hearing, if necessary. The Planning Commission, however, shall hold a hearing within forty (40) days after the application for a Change of Zone, Condi- tional Use Permit or Variance has been filed. The City Clerk shall set the time and place of public hearings required by this Ordinance to be held by the City Council, provided that the Council ma change the time or place of a hearing. The City Council shall hold a public hearing on an appeal from a decision of the Commission not less • than forty (40) days after notice of such •decision or Nall has been filed with the City Clerk unless the applicant or appellant shall consent to an extension of tine. Notice of a public hearing shall be given not less then ten (10 days nor more than thirty (30) days prior to the data of the hearing by 1) publi- cation in a newspaper of general circulation in the City of Palm Desert, and (2) mailing notices to all persons whose names appear on the latest adopted tax roll of Riverside County as owning property within three hun- dred (300) feet of the exterior boundaries of the property that is the wbjeet of the hearing. Hearings commenced within the time pftscribed above my be continued from time to time even though the continued hearing may extend beyond'the timelimitsdescribed above. w ti1,Y r :C f ` • `� y�1yL t, .her �• t a . �• . ... _,,�` .:�;t.+<d`•^i� ter. � � �, �i ` 25.39-10 Appeals 2f.39.10.01 Apml of Decision of Planning Commission, Zoning Adminis- rator, or be -sign ev ew Board Where this Ordinance provides for appeal to the City Council or Planning Commission, the appeal shall be made within fifteen (15) days of the date of the decision by filing an application of appeal with the Director of Environmental Services. The ,Appeal shall state in writing the reasons for the appeal. Within fifteen (15) days of receipt of the appeal, the Director of Environmental Services shall transmit to the City Cierk the • application of appeal, and copies of the application and all other papers and documents constituting the record upon which the Planning Commission, Zoning Administrator or Director of Environmental Services made its de- cision. 25.39-10.02 Fee =s' An appeal shall be accompanied by a fee established by Resolution of the City Council to cover the cost of processing the appeal. An appeal by an individual m% ber of the City Council shall not be subject to the payment of a fee. 25.39-10.03 Action on Appeal = The City Council or Planning Commission shall hold at least one public hearing on•a decision which has been appealed, other than an Adjustment decision which the City Council may consider without holding a public hear-ing, within forty (40) days of the appeal and the time and place of the hearing shall be set by notice as prescribed in Article 25.39-9. The Coun- cil or Commission may affirm, reverse, or modify a decision which has been appealed. The decision of the City Council shall be final. 25.39-10.04 Standina to Appeal Any person who owns property within three hundred (300) feet of the exterior boundaries of the subject property, the applicant, the Planning Commission, or the City Council, may appeal the determination. s C 25.39 (22) •Lh ARTICLE 25.40 NON -CONFORMING LOTS, BUILDINGS, USES AND LAND Where lots, buildings, or uses legally existing on the effective date of this ordinance are not in conformity with the provisions of this Ordin- ance, it is the intent and purpose of this section to declare such lots, buildings, uses and land to be non -conforming, for the purpose of pro- tecting the public health, safety and general welfare. 25.40-1 "Group A" Non -Conforming Lots, Buildings and Uses "Group A" non -conforming lots, buildings, and uses are those which are generally not detrimental in the zone; they my be continued and under cer- tain conditions altered or enlarged. (1) "Group A" Non -Conforming Lots are those lots which do not conform - o the LOT AREA and LOT DIMENSION standards for the zone in which they are located. The uses permitted in the zone shall be per.- mitted on such lots, subject to all other provisions of the zone. (2) "Group AN Non -Conforming Buildin s are those buildings which do no conform to the D EIG, YARDS, DISTANCE BETWEEN BUIU- INGS, FLOOR AREA RATIO, and MINIMUM SIZE OF DWELLING UNIT stand- ards for the zone in which they are located. Such buildings shall be permitted to continue,• provided that any addition, alteration, -� or enlargement thereto shall comply with all provisions of the* zone. --The alteration of buildings in established setback areas shall not be permitted without the prior approval of the Planning Commission. When any "Group AN non -conforming building is for any reason removed from the land, all future buildings or struc- tures erected on such land shall conform to all provisions of the zone. (3) "Group AN Non-Conformtina Uses (a) In residential zones, "Group A" non -conforming uses of build- ings are those uses which do not conform to the LOT AREA PER DWELLING UNIT standards for the zone in which they art lo- cated. Buildings containing such uses may to altered, pro- vided that the dwelling or rental unit density shall not be increased. (b) In commercial and industrial zones, "Group AN non -conforming uses of buildings are those uses which are not listed as per- mitted but which are of the samt general type (i.e., comrmer- cial uses In a commercial zone) and are determined by the 1lanning Commission to be not detrimental to the public health, safety and general welfare and to ntlghborinq uses. Such uses may be continued, altered, or tnlarged, subject•to thi provisions of the tone. - l6.40 (1) -mot, _�i� � •� ��,,� � . i 15.40-t "_Group 8"A1on-Confam wno Buildings and Uses 'Group B" non -conforming buildings and uses are those which are detrimen- tal in the lone; they shall be terminated or removed within a spe— UR—er ' period. Said period shall be measured from the effective date of this Ordinance or from the date such use or building becomes non -conforming, whichever is later. (1) "group B" Non -Conforming Buildings (a) "Group B" non -conforming buildings are as follows: 1) In residential zones, industrial buildings; and commer- cial buildings other than those specifically permitted shall be considered as "Group B" non -conforming. -lilt 2) In commercial and industrial zones, residential build- ings not specifically permitted in the zone shalt be considered as "Group B"•non-conforming. (lfi The following time limits shall be applied to all "Group B" non -conforming buildings. This time table is deemed to pro- vide for the amortization of the affected buildings; on or before the termination of said period such buildings shall be ei 4ed from the land. 1) Type 1 and 2 construction* - twenty (20) years 2) Type 3 and-4 construction* - fifteen (15) years (fire resistant) ._ 3) Type 5 construction* - ten•(10) years (c) When said non -conforming building is removed from the land, at or before the end of the amortization period, every fu- ture building and use shall be in conformity with the pro- visions of this Ordinance. (2). "Group Be Non -Conforming Uses (a) "Group B" non -conforming uses shall be those uses in any zone which are expressly prohibited and those other uses which are not provided for iq.said zone. (b) A 'group /" non -conforming use of a conforming or f "Group A" non -conforming building shall, within five (5) years be • as defined in the Cityref Palo 0eser�t wilding Codes. N •{M a �. R .. 4••y completely terminated or shall be so altered that it will be in conformity with the uses permitted in the zone. Such non -conforming use shall not be expanded or extended into any other portion of the building, and if such use is dis- continued for a period of one hundred eighty (180) days, anyfuture use of said building shall be in conformity with uses permitted in the zone. (c) A "Group B" non -conforming non-residential use in a "Group d" non -conforming building may continue for the duration of the building and may be expanded or extended throughout said building, provided no structural alterations except those required by law or ordinance shall be made therein. Further, if no structural alterations are made, a non -conforming use in such a building may be changed to permit a similar or more restricted type of non -conforming use, provided that - said new use be approved by the Zoning Administrator. (d) A "Group B" non -conforming residential use in a "Group B" non -conforming building shall within five (5) years be completely terminated and may be replaced by a permitted non-residential use, provided the new use and any necesi4ty remodeling and structural alterations be approved by the Design Review Board. C .25.40-3 .,Non Conforming Use of the Land (1) A non=conforming use of land, where: no buildings or structures are involved, or the only buildings employed are accessory or•incidental to such use$ shall, when deemed by the Council to be detrimental to the pub- lic health, safety and welfare, within five (5) years be com- pletely terminated or so altered that It wilt be in conformity with the provisions of the zone. (2) Such non -conforming usIL of land shall not be expanded in any way either on the same or ldJoining property. (3) 1f such non -conforming use of land is discontinued for a period of one hundred eight (180) days, any further use of land shall be in conformity with this Ordinance. 2f.40-4 Mm;,Cnfamino Off -Street Iarkipa and Loadirg-Facilities Existing buildings whose off-street parking or loading facilities do not eonfam to the provision{ of this Ordinance may be expanded or facilities idded provided the requirements for off-street parking and lading skVe We Ieen complied with for those facilities added or enlarged. 16.40 (3) C 25.40-5 Non -Conforming Outdoor Storage Existing uses involving outside storage not conforming to the provisions of this Ordinance shall within two (2) years bring the premises into con- formity with the require+sents of this Ordinance, provided that should the uses on the premises be expanded or the building so altered as to require a building permit, then the owner shall comply with the applicable pro- visions at that time. 26.40-6 — Non -Conformity with Performance Standards The use of land, buildings or structures which does not meet the standards of performance for said uses or the standards for equipment employed in the operation of said uses as required by this Ordinance, shall be brought into conformity with said standards within a period of five (5) years from the effective date of this Ordinance, otherwise the non -conforming use Shall be discontinued. - Upon compliance with the required performance standards the Director of Environmental Services shall issue a Certificate of Compliance, a copy of which shall be filed with the City Clerk. No permit or license shall be issued to any use not conforming with said performance standards at the end of five (5) days from the effective date of this Ordinance. 25.40-7 ftyll y A non -conforming building or structure shall not be moved in whole or in part to my other location on the lot unless said building or structure which is moved is made to conform to the regulations of the zone in which it is located except as otherwise provided by this Ordinance. 2S.40-8 Reversion of Non -Conforming use Any portion of a non -conforming building or use which is altered or changed to a conforming use shall not thereafter be used for a non -conforming use. 25.40-9 Reconstruction of Damaged Buildings A non -conforming building or structure which is damaged or partially des- troyed by fire, flood, wind, earthquake or other calamity or Act of God to the extent of not more than one hundred fifty (150) percent of its as- sessed value at that time, May be restored and the occupancy or use of such building, structure or part thereof which existed at the time of such destruction my be continued or resumed pprovided that the total cost of such reconstruction does not exceed one NOndred fifty (160) percent of the assessed value of the building or structure at the time of such damage, and that such restoration is started within a period of one year. In the event such damage or destruction exceeds one hundred fifty (150) percent - of the assessed value of such building or structure, no repairs or rocon- struction shall be wide unless every portion of such building or structure is made to conform to all regulations of the tone in which it is located. 26.40 (4) „•� Kam. V ::f � t5.40-10 Abandoned Use C Where no use of a non -conforming building or improvement shall be made for a period of one (1) year, said non -conforming building or improve- ment away to used only for the particular use or uses in their Zoning dis- trict which requires the least amount of off-street parking. 25.40-11 Non-Conformina Uses Under Variance or Conditional Use Per- RTC - The non -conforming uses and buildings which are existing under a Variance or a Conditional Use Permit granted under this or any previous Ordinance. shall be permitted to continue under the conditions and regulations im- posed in said permit or variance. A 1 .Y •17, ate•' y. . ARTICU ".41 ENVIRONMERTAL i VACT REPORT REQUIREMENTS IL41-1 1"tent end Purpose It is the intent of this Article to relate the provisions of this Ordinance and all other applicable projects to the appropriate City preM'sians that have been adopted in order to comply with the Cali- ��• _--iMia Environmental Quality Act of 1970 and subsequent standards as established by the State Legislature. the Secretary of Resources, and the City of Palo Desert. tf.41-2 She of Relations This Article shall be applied pursuant to the adopted "Resolution of the City Council of the City of Palm Desert Establishing Procedures to Implement the Environs ntal Quality Act of 19700, as amended. ' is • (AM ODED BY ORDINANCE IN) { 1 r��O` ARTICLE 25.42 CERTIFICATES Of USE AND OCCUPANCY ( 25.42-1 Intent and 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 Ordinance, 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 Building Code shall be issued only for a structure that conforms with the Use Certificate. 25.42-2 Application and Issuance of Use Certificate Applications for a use certificate shall be made on a form prescribed by the Planning Commission and shall be accompanied by plans and additional information as necessary, in the opinion of the toning Administrator, to demonstrate conformity with this Ordinance. The Zoning Administrator shall check the appl!cation and all data submitted with it and shall issue a use certificate if he finds that all applicable provisions of this Ordinance will be complied with. 25.42-3 Iisuance of Building Permit The Building Official shall not i;sue a building permit until the Zoning Administrator has approved a use certificate for the structure which is the subject of the building permit. 25.42-4 Issuance of Certificate of Occupancy 25.42-4.01- Conformance to Requirements The Building Official shall not issue a certificate of occupancy for a structure or alteration until he has 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, an6 he has found that all conditions attached to a use permit, a variance, and design review have been meet, provided that the Building Official may issue a certificate of occupancy prior.the fulfillment of all require. " ments of this Ordinance if a fa tp hful performance bond in an mount deterained•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. 15.42 (1) ,i y , yam• �f•�'f s.�. �. f ARTICLE 2S.4S INTERPRETATION OF DISTRICT BOUNDARIES AND WORD ,.. C USAGE. n.45-1 District -Boundaries Were indicated district boundaries are approximately STREET, ALLEY or LOT LINES, said lines are determined to be the boundaries of the District. Otherwise, the boundaries shall be determined -by the dimensions shown on the OFFICIAL ZONING NAP. In the absence of a dimwinsion, the boundary shall be determined by the use of the state shown on the map. • In the event that a VACATED STREET, ALLEY, RIGHT -OF -MAY OR EASEMENT was the boundary between two districts, tha new district boundaries shall be at the new property line and the vacated portion of the street, alley, right-of-tiw,y, or easement shell take the district of the property abutting saw and the neat district boundary shall be at the new property line. 25.45-2 Word Usage When not Zhconsistent with the context of this Ordinance, words used in the present tense include the future; words in the singular cumber include the plural; and those in the plural number include the singular. Ther4ord "shall" is mandatory; the word *may" is pemsstve. lZel .QMµ. •.,' _ � - � . 2i.If tij • i N {..1�'i.;•�'.tlr. .. f tS.42-4.O2 jMrary Certificate cer"•t t f nc ba issued b the 8uildin r- ca e o occupa y may y g O tiew '4: CO the time that all of the requirements for a car- tifieate of occupancy have been met, provided that no permit other than tempore permit shall be issued for gas or electric utilities WWI 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 ten (10) working days. Jf temporary permits for gas or electric utilities expire without the r"mirtmeats for issuance of a certificate of occupancy having been met. the Building Official shall request the public utility to dis- continue service. 25.42-S Oeterwination_of_Compliance with Required Conditions if the Zoning Administrator is unable to determine from information submitted by the applicant that a proposed use will comply with the required conditions for the district which it is to be located, he shell not issue a use certificate, but shall, at his option, secure Men professional advice from firms or individuals acceptable to " the city as well As the applicant. ��'�_ .ter � ..' �'X>• , Lr. •F .Y•� v'�i4 ('Y�'.i v is t J�a• _ .. w Air • ARTICLE 2S.44 ADOPTION AND AMENDMENT OF GENERAL PLAN PROCEDURES tS.44-1 ilanner of Adoption The General Plan or any part or element thereof, any amendment to such plan or any part or element thereof, and the applicable state Governmental code provisions shall be adopted in the manner prescribed in this Article. 2S.44-2 _ Planning Commission* Public Hearing The Planning Commission shall hold at least one public hearing before approving a General Plan or any part or element thereof, or any amendment to such plan or any part or element thereof,. Notice of the time and place of the public hearing shall'be published at least ten (10) calendar days before the hearing in a newspaper of general circulation published and circulated in the City. Amendments to the Land Use Map shall be noticed by ma%tto all persons whose names appear on the latest adopted tax roll of Riverside County as owning property within three hundred (300) feet of the exterior boundaries of the property that is the subject of the hearing. 25.44-3 � Planning Commission Action The approval by the Planning Commission of the General Plan or any part or element thereof, or any amendment -to such plan or any part or element thereof, shall be ny resolution of the Commission carried by the affirmative votes of not less•than a majority of its total voting members. Upop approval by the Planning Commission of the General Plan or any part or element thereof, or any amendment to such plan or any part or element thereof, it shall be transmitted to the City Council. .•- 25.44-4 City Council Public Hearing before adopting the General Plan or any part or element thereof, or any amendment to such plan or aryy art or element thereof, the City Council shall hold at least one public hearing. Notice of the time and place of the hearing shall be published at least ten 10) calendar days before the hearing in a newspaper of genera circula- tion published and circulated in the City. Amendments to the Land Use Ilep shall be noticed by anil to all persons *;lose naves appear on the latest adopted tax roll of Riverside County as owning property within three hundred (300) feet of the exterior boundaries of the property that if the subject of the hearing. • S1.44-5 Cha, need to, PI an Aporgved,¢X M scion In adopting a General Plan or any part or element thereof or any wndM- t to such plan or, any part or element thereof, which has ban appreved by the Planning Commission, the City Council shall not mks any change or addition until the proposed change or lddition Mae bona referred to the Comwipsien for a report and the copy of the oepert has bees filed with tho Utwicil. /ailure of the Commission - to ropm within forty (40) da after the reference shall be deemed- 16.44 (1)