§ 93.09 — Palm Springs Zoning Code

§ 93.09.00. Building permits—Dedication and improvement of streets. ¶

A. It is unlawful to commence any work pertaining to the erection, construction, re-construction, moving, conversion or alteration of any building, or any addition to any building, until a building permit shall be secured from the director of building and safety by any owner or his agent for said work.
B. No building or land shall be occupied or used unless a certificate of occupancy, and a license for such use where required, is first obtained from the department or person vested with the duty or authority to issue same.
C. Each application for a building permit shall be made on a printed form to be obtained at the department of building and safety and shall be accompanied by accurate information and dimensions as to the size and location of the lot; the size and location of the buildings on the lot, the dimensions of all yards and open spaces; and such other information as may be necessary for the enforcement of these regulations. Where complete and accurate information is not readily available for existing records, the department of building and safety may require the applicant to furnish a survey of the lot prepared by a licensed surveyor. The original of such application shall be kept in the office of the department of building and safety.
D. Dedication of Streets.
1. The applicant for a building permit in any zone district shall dedicate street right-of-way as follows:
  - a. To provide for a half-street in accordance with the ultimate right-of-way shown by the city's general plan street plan;
  - b. To provide for a minimum half-street of 25 feet for any street not shown on the city's general plan street plan. This requirement may be modified by the planning commission for hillside streets or for streets within developed neighborhoods;
  - c. To provide for right-of-way as required by a planned development district plan or specific plan.
2. Street dedication shall not be required as follows:
  - a. When a building permit is issued for the purpose of remodeling, and such remodeling does not involve extensive construction of the front of the building;
  - b. When a building permit is issued for an addition to a commercial, industrial or multifamily residential property which does not increase the floor area of an existing structure by more than 10% and such addition, in the opinion of the Building Official, does not increase the intensity of use of the property involved;
  - c. When a building permit is issued for an addition to a single-family residential property which does not increase the floor area of an existing structure by more than 40%;
  - d. When a building permit is issued for the purpose of the demolition of a structure;
  - e. When a building permit is issued for the construction of a wall, as long as such wall is not to be constructed within an existing right-of-way or any future right-of-way as indicated by the general plan street plan;
  - f. When an Urban Lot Split application is approved in accordance with Section 9.62.055 of the Municipal Code.
E. Improvements.

The applicant for a building permit shall provide for the street improvements to be installed abutting the lots desired to be built upon. Such street improvements shall include the half street, concrete curbs and gutters and sidewalks in accordance with adopted standards. If the City Engineer determines, in his reasonable discretion and based upon sound engineering principles that the public health, safety and welfare would be served by omitting or deferring installation of any portion of such street improvements, the building permit may be issued. The owner or owners of record of the premises to which the building permit would apply, shall provide a covenant to install such improvement when notified by the city to do so, or, alternatively, to waive and forego any protest of the formation of an assessment district for the installation of such improvement. Any such covenant shall run with the land, shall bind the owner(s) and his or their successors in interest, and shall be in form sufficient to enable the same to be recorded in the office of the county recorder of Riverside County. Fire hydrants shall be installed by the developer for all construction in accordance with the requirements of the fire department.
1. Street improvements shall not be required as follows:
  - a. When a building permit is issued for the purpose of remodeling, and such remodeling does not involve extensive construction of the front of the building;
  - b. When a building permit is issued for an addition to a commercial, industrial or multifamily residential property which does not increase the floor area of an existing structure by more than 10% and such addition, in the opinion of the Director, does not increase the intensity of use of the property involved;
  - c. When a building permit is issued for an addition to a single-family residential property which does not increase the floor area of an existing structure by more than 40%;
  - d. When a building permit is issued for the purpose of the demolition of a structure;
  - e. When a building permit is issued for the construction of a wall, as long as such wall is not to be constructed within an existing right-of-way or any future right-of-way as indicated by the general plan street plan;
  - f. When an Urban Lot Split application is approved in accordance with Section 9.62.055 of the Municipal Code.

F. No building permit shall be issued for the erection or use of any structure or part thereof, or for the use of any land which is not in accordance with the provisions of this Zoning Code and in conformity with the approved Development Permit or conditional use permit, where required by this Zoning Code. Any permit issued contrary to the provisions of this Zoning Code or not in conformity with the approved Development Permit or conditional use permit shall be void and of no effect.
(Ord. 1294, 1988; Ord. 1536, 1996; Ord. 2042 § 6, 2021; Ord. 2063 §§ 23, 24, 2022)