§ 94.02

The conditional use permit is intended for those types of land uses which require special consideration in a particular zone or in the city as a whole due to: the size of the area needed for full development of such use; the unusual traffic, noise, vibration, smoke or other problems incidental to its operation; special locational requirements not related to zoning; or to the effect that such uses may have on property values, health, safety, and welfare in the neighborhood or in the community as a whole. It is also for uses whose approximate location is indicated on the general plan but whose exact location and arrangement must be carefully studied. In granting the Permit, certain safeguards to protect the health, safety, and general welfare may be required as conditions of approval.

Uses lawfully existing on the effective date of this Zoning Code which are listed as permitted subject to conditional use permit in the zone in which they are located may continue without securing such a permit; however, any extension or expansion of such use shall require a conditional use permit.

• A. Uses Permitted Subject to Conditional Use Permit.

  1. Uses listed in the zones as "Uses Permitted by Conditional Use Permit" and high-rise buildings permitted by a zone's development standards, and pursuant to Section 93.04.00, may be permitted in said zones subject to the provisions of this section. The Planning Commission shall review and approve or disapprove the use. The commission's action shall be final unless appealed to the council.

  2. The following uses may be permitted pursuant to this section, unless otherwise permitted, in any zone except where expressly prohibited, when such uses are deemed by the commission to be essential or desirable for the public welfare and convenience and in conformity with the general plan and its objectives.

     • a. Commercial communications antennae, including, but not limited to, monopoles and towers that, in the determination of the Director, may have a visual impact on the surrounding area;

     • b. Governmental facilities;

     • c. Institutions of a philanthropic or charitable nature;

     • d. Private educational institutions on major thoroughfares as defined on the general plan of the city;

     • e. Public utility structures and installations.

  3. A conditional use permit for temporary structures within a present or future public right-ofway may be granted by the Planning Commission only when the property owner applying for such a permit signs an agreement with the city to remove any such temporary building or structure at his own expense at a date certain or whenever requested by the city. Action by the planning commission shall be final unless appealed to the city council.

B. Procedure.

1. Application.

   • a. Filing. The owner, lessee or authorized agent of the owner or lessee, if of a subject property, are the only persons authorized to sign an application. Where the authorized agent is the signatory, his or her authorization to represent the owner or lessee shall be in written form signed by the owner or lessee.

• b. Form and Contents. Application shall be made to the planning commission on forms furnished by the department of planning and building and shall be full and complete, including such data as may be prescribed by the commission to assist in determining the validity of the request. Incomplete applications shall not be accepted for filing.

2. Filing Fee.

When the application is filed, a fee shall be paid in such amount as has been prescribed by resolution of the City Council for the purpose of defraying the costs incidental to the proceedings.

3. Staff Investigations.

The planning staff shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the intent of this Zoning Code and the general plan, and shall report the findings to the commission.

4. The Planning Commission shall provide for a public hearing to be held in the manner provided for in Section 94.09.00 .

5. Commission Public Hearing, Recommendation and Notice Thereof.

   • a. The commission shall, not less than 10 nor more than 30 days after the notification of property owners, hold a public hearing on the application.

   • b. The commission shall reach its decision within 30 days after the conclusion of the public hearing. The decision shall set forth the findings of the commission and any recommended conditions, including any time limit deemed necessary to protect the health, safety and welfare of persons in the neighborhood and in the city as a whole.

   • c. The decision and findings shall be filed with the city council within 15 days after they have been reached. A copy of the minutes thereof shall be mailed to the applicant at the address shown on the application. The action of the commission shall be final unless appealed.

6. Commission Findings and Conditions.

The commission shall not approve or recommend approval of a conditional use permit unless it finds as follows:

• a. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code;

• b. That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located;

• c. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood;

• d. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use;

• e. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards. Such conditions may include:

  • i. Regulation of use,

• ii. Special yards, space and buffers,

  • iii. Fences and walls,

  • iv. Surfacing of parking areas subject to city specifications,

  • v. Requiring street, service road or alley dedications and improvements or appropriate bonds,

  • vi. Regulation of points of vehicular ingress and egress,

  • vii. Regulation of signs,

  • viii. Requiring landscaping and maintenance thereof,

  • ix. Requiring maintenance of the grounds,

  • x. Regulation of noise, vibration, odors, etc.,

  • xi. Regulation of time for certain activities,

  • xii. Time period within which the proposed use shall be developed,

  • xiii. Duration of use,

  • xiv. Dedication of property for public use,

  • xv. And such other conditions as will make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this Zoning Code, including but not limited to mitigation measures outlined in an environmental assessment.

C. Appeal.

The procedure for appeal of conditional use permit decisions shall be pursuant to Chapter 2.05 of the Palm Springs Municipal Code.

D. Effective Date.

A conditional use permit shall become effective after an elapsed period of 15 days from the date of the decision by the commission authorizing the permit.

• E. Time Limit for Development.

Unless otherwise stated by the commission, the time limit for commencement of use or construction under a conditional use permit shall be two years from the effective date of approval. Extensions of time may be approved pursuant to the requirements of Section 94.12.00.

• F. Revisions to Site Plan Approved as Part of a Conditional Use Permit.

  1. Minor revisions to a site plan approved as part of a conditional use permit may be made after review and approval by the Director pursuant to the architectural approval procedure

Section 94.04.00. "Minor revisions" are defined as revisions which in no way violate the intent or any of the standards or conditions of the permit or of the zone.

2. Revisions other than minor revisions, as defined above, shall be made pursuant to the regular conditional use permit procedure set forth in this section.

• G. Revocation or Voiding of Conditional Use Permit.

  1. The commission, may, after notice and public hearing, revoke any conditional use permit for noncompliance with any of the conditions set forth in granting the permit.

  2. Notice.

     • a. Notice shall be mailed to the record owner and lessee of the subject property not less than 20 days prior to holding a public hearing. Such notice shall state the complaint and shall request appearance of such owner and lessee at the time and place specified for the hearing to show cause why the permit should not be revoked.

     • b. Notification of property owners shall be given as provided in Section 94.02.00(B)(4).

3. Within 10 days after the public hearing, the commission may by resolution, revoke or modify the conditional use permit. After revocation, the subject property shall conform to all regulations of the zone in which it is located according to a time schedule determined by the commission.

   4. If the time limit for development expires and development has not commenced, or the use permitted by the conditional use permit does not exist or was not commenced within 24 months of its approval, the conditional use permit shall be subject to revocation by the planning commission after holding a noticed public hearing. An extension of time may be approved pursuant to the requirements of Section 94.12.00.

   5. Termination of a use granted herein for a period of one calendar year shall terminate the use rights granted without further notice or public hearing. An extension of time may be approved pursuant to the requirements of Section 94.12.00.

• H. Reapplication.

Application may not be made for a similar conditional use permit on the same land, building or structure within a period of six months from the date of the final decision on such previous application unless such decision is a denial without prejudice.

• I. Existing Permits.

Any conditional use permit granted pursuant to any zoning ordinance enacted prior to the effective date of this Zoning Code shall be construed to be a conditional use permit under this Zoning Code subject to all conditions imposed in such permit. Such permit may, however, be revoked or voided as provided in Section 94.02.00(I) above.

(Ord. 2042 § 17, 2021; Ord. 2088, 11/9/2023)

• A. Intent and Purpose.

The intent and purpose of a land use permit is to provide a means to review the impact of proposed land uses and to impose such conditions to the proposed use as are necessary to insure that these uses are compatible with adjacent properties and the community.

• B. Initiative.

A land use permit may be initiated by the owner(s), or their authorized agents, of property within the city, where the use is subject to a land use permit.

• C. Uses Permitted Subject to Land Use Permit.

  1. Uses listed in the zones as "Uses Permitted by Land Use Permit" may be permitted in such zones, subject to the provisions of this section. Land use permits for primary land uses shall be considered Type I permits; those for accessory uses shall be considered Type II permits.

  2. The following uses may be permitted pursuant to this section in any zone, except where expressly prohibited:

     • a. Temporary parking areas, subject to conditions as determined by the Director which may require:

       • i. Asphaltic surfacing,

       • ii. Bumper stops,

       • iii. Cash bond to insure removal of improvements and clean-up of the property,

       • iv. Landscaping,

       • v. Lighting,

       • vi. Time period,

       • vii. Striping;

     • b. Fences or walls within a present or future public right-of-way, only when the property owner signs an agreement with the city to remove any fence or wall at his own expense at a date certain or whenever requested by the city;

     • c. Temporary recreational vehicle (RV) parking, in conjunction with a convention center activity, subject to conditions below and to those determined necessary by the Director:

       • i. Usage must be proposed for a minimum of 15 RVs,

       • ii. The maximum stay for any one event shall be three nights,

       • iii. All RVs shall be located a minimum of 300 feet from any existing residential use, except for hotels,

       • iv. All RVs shall be setback 25 feet from all property lines,

       • v. All RV spaces shall be marked,

       • vi. There shall be a minimum of 10 feet between each RV,

       • vii. All RVs shall be self-contained,

       • viii. All accessways to individual RV spaces shall be a minimum of 25 feet in width; all RVs shall front an accessway,

       • ix. If used, on-site lighting shall be shielded from surrounding properties and streets; light standards shall be a maximum of 16 feet in height,

       • x. At least one three-cubic-yard trash bin shall be provided for every 30 RVs; the bins shall be located at least 40 feet from any property line,

       • xi. No other incidental use, or outdoor activities, shall be permitted,

       • xii. The site shall be returned to its original, or better, condition prior to the convention center activity immediately upon the culmination of the activity,

       • xiii. Neither grading nor the removal of natural vegetation shall be permitted. The project shall comply with the city's dust control ordinance;

     • d. Specific parking plans;

• e. Temporary special events, such as circuses, carnivals, festivals, and other similar temporary events;

  - f. A change of use for an existing commercial/retail building on property with frontage on Palm Canyon Drive (including East Palm Canyon Drive and South Palm Canyon Drive) or Indian Canyon Drive, will be eligible for a waiver of all or a portion of additional parking that would otherwise be required for such change of use so long as: 
  
     - i. The property is not within a Planned Development District, 
  
     - ii. The property is not more than three acres in total area, 
  
     - iii. The existing building is less than 20,000 square feet, 
  
     - iv. The property is not within "D" downtown parking combining zone, and 
  
     - v. The building existed prior to October 3, 2014; 
  
  - g. Temporary buildings or structures in commercial and industrial zones, for a period not to exceed 18 months. 
  

• D. Procedure.

  1. Application for land use permit shall be made to the department of planning and building on forms provided by that department and shall be accompanied by the following:

     • a. An application fee to assist in defraying the expense of labor and materials incidental to the proceedings described herein. This fee shall be in accord with a schedule established by resolution of the city council and shall be nonrefundable;

     • b. A site plan displaying information set forth on the land use permit;

     • c. Such other information as the Director may require, including but not limited to, adjacent uses, photographs, building elevations, landscape plans, design studies, etc.

  2. Notice of the land use permit application may be sent, at the discretion of the Director, via electronic mail to the representative or representatives listed on the City's Neighborhood Organization web page for each neighborhood organization within one-half mile of the subject site at least 10 days prior to approval, approval with conditions, or denial of the application.

  3. After completion of the investigation, the Director shall either approve the land use permit, subject to those conditions of approval he may deem necessary, or refer the entire matter to the planning commission for review and action. The Commission shall receive the matter at its next regularly scheduled meeting and act within 30 days.

  4. Review of Planning Commission—Appeal.

In any case, where the applicant or any other aggrieved party is not satisfied with the decision of the Director, he may within five days of such decision, request review of such decision by the planning commission. Such request shall be made in writing to the Department. Upon receipt of such request, the Department shall schedule the matter for planning commission review, and shall forward to the planning commission for its consideration all of the documents and materials submitted with the application, together

y within five days of such decision, request review of such decision by the planning commission. Such request shall be made in writing to the Department. Upon receipt of such request, the Department shall schedule the matter for planning commission review, and shall forward to the planning commission for its consideration all of the documents and materials submitted with the application, together

with a report of the decision of the Director and the reasons therefor. The planning commission may act upon the application as if it were the initial consideration of the application. No public hearing shall be required for such action. Any person aggrieved by the decision of the planning commission may appeal to the city council in the manner provided by Chapter 2.05 of the Palm Springs Municipal Code.

5. Revocation.

   • a. When the conditions of a land use permit have not been or are not being complied with, the Director shall give at least then (10) days notice to the permittee(s) of intention to revoke such permit. The permittee shall be given opportunity at an office hearing to show cause why the permit should not be revoked. If good cause is not shown, the Director may revoke the permit. Such revocation may be appealed to the planning commission.

   • b. When a land use permit has not been acted upon within one year after the date of granting thereof, or in the event the use terminates or is inactive for six months, then without further action by the Department, planning commission, or city council, the land use permit shall be null and void.

   • c. Transfer of a land use permit to another applicant is subject to review and approval by the Director.

6. Amendment.

   • a. Any land use permit issued may be amended, on a showing of good cause by the Director.

   • b. Application by the permittee(s) for amendment shall be processed in the same manner as an application for issuance of a land use permit.

7. A copy of the approved land use permit shall be displayed, or presentable upon request by any city official, during the time the permit is valid and the use for which the permit was granted is operational. Should the permit not be available upon request, such permit shall be considered null and void during the time it is not available.

(Ord. 1294, 1988; Ord. 1418, 1992; Ord. 1500, 1995; Ord. 1553, 1998; Ord. 1813 § 2, 2012; Ord. 1829 § 3, 2013; Ord. 1834 § 1, 2013; Ord. 1855 § 1, 2014; Ord. 1984 § 27, 2019; Ord. 2031 §§ 66— 73, 2020; Ord. 2041 § 33, 2021)