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HomeMy WebLinkAboutORD 1293ORDINANCE NO. 1293 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM ••• DESERT, CALIFORNIA, ADDING SECTION 25.60.150 TO THE PALM DESERT MUNICIPAL CODE — CERTIFICATE OF USE AND OCCUPANCY WHEREAS, the City Council of the City of Palm Desert has determined that the addition to the ordinance was omitted in the previous Municipal Code revisions and that adding the provisions back into the ordinance is considered to be part of routine code clean up and reflect current practices carried out by the Community Development Department. None of the code revisions change existing policy. SECTION 1. That Section 25.60.150 "Procedures" is hereby amended to add the following section: 25.60.150 Certificate of Use and Occupancy A. Purpose. In order to assure that each new or expanded use of a structure or site or alteration of an existing structure complies with all applicable provisions of this title, a use certificate is required before any building permit may be issued or any structure or site is used. A certificate of occupancy as required in the city building code shall be issued only for a structure that conforms to the use certificate. B. Application and Issuance of use certificate. Applications for a use certificate shall be made on a form prescribed by the Commission and shall be accompanied by plans and additional information as necessary, in the opinion of the Zoning Administrator (ZA), to demonstrate conformity with this title. The ZA shall check the application and all data submitted with it and shall issue a use certificate if he finds that all applicable provisions of this title will be complied with. C. Issuance of building permit. The building official shall not issue a building permit until the ZA has approved a use certificate for the structure which is the subject of the, building pen -nit. D. Issuance of certificate of occupancy. 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, and he has found that all conditions attached to a use permit, a variance, and design review have been met; provided, that the building �" official may issue a certificate of occupancy prior to the fulfillment of all requirements ORDINANCE NO. 1293 of this title if a faithful performance bond in an amount determined by the building official to be sufficient to complete the work necessary to meet the requirements is filed with the city. Cash in the amount of the faithful performance bond may be deposited with the city in lieu of the bond. E. Temporary certificate. A temporary certificate of occupancy may be issued by the building official prior to the time that all of the requirements for a certificate of occupancy have been met; provided, that no permit other than a temporary permit shall be issued for gas or electric utilities until the building official determines that all of the requirements for a certificate of occupancy have been met. A temporary permit for gas or electric utilities shall be valid for 10 working days. If temporary permits for gas or electric utilities expire without the requirements for issuance of a certificate of occupancy having been met, the building official shall request the public utility to discontinue service. F. Determination of compliance with required conditions. If the ZA is unable to determine from information submitted by the applicant that a proposed use will comply with the required conditions for the district in which it is to be located, he shall not issue a use certificate, but shall, at his option, secure expert professional advice from firms or individuals acceptable to the City as well as the applicant. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 22nd day of October 2015, by the following vote, to wit: AYES: HARNIK, JONATHAN, SPIEGEL, TANNER, and WEBER NOES: NONE ABSENT: NONE ABSTAIN: NONE Susan Marie Weber, Mayor ATTEST: HELLE D. K SEK, CITY CLER CITY OF PALM DESERT, CALIFORNIA 9-d--> 15 7 7 GAr,1Wrk%G1ode Swxh*e0RDINANCES\0rd No. 1293 - Cert of Use erd OocvpwKy.doox 2