§ 94.06

Where practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this Zoning Code would occur from its strict literal interpretation and enforcement, a variance may be granted authorizing, upon such terms and conditions as are deemed necessary, such variances therefrom as may be in harmony with the general purpose and intent of the Zoning Code, so that its spirit shall be observed, public safety and welfare secured, and substantial justice done. A variance may not be granted to permit a use not permitted in the zone by this Zoning Code.

• A. Planning Commission.

  1. Variance applications shall be considered by the commission pursuant to requirements of this Zoning Code.

  2. All business matters before the commission shall be administered by the Director or their authorized representative.

• B. Conditions Necessary to Granting a Variance. The commission, before it may grant a variance, shall make a finding that in the evidence presented, all four of the following conditions as set forth in state law exist in reference to the property being considered.

  1. Because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Code would deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification.

  2. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situated.

  3. The granting of the variance will not be materially detrimental to the public health, safety, convenience or welfare or injurious to property and improvements in the same vicinity and zone in which subject property is situated.

  4. The granting of such variance will not adversely affect the general plan of the city.

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

• D. Appeal.

The provisions of Chapter 2.05 of the Palm Springs Municipal Code shall apply.

• E. Revocation or Voiding of Variance/Time Limits.

  1. Unless otherwise stated by the planning commission or city council, the time limit for commencement of construction under a variance approval shall be two years from the effective date of approval.

     • a. Extensions of time may be granted pursuant to the requirements of Section 94.12.00.

  2. The commission may, after notice and public hearing, revoke any variance granted by the commission for noncompliance with any of the conditions set forth in granting such

variance. The council may revoke any variance for the same cause.

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

4. Within 10 days after the public hearing, the council, commission or administrator shall by resolution revoke or modify the variance. After revocation, the subject property shall be subject to all regulations of the zone in which it is located.

   5. Discontinuation of a variance granted herein for a period of one calendar year shall terminate the rights granted. No notice need be given nor hearing held.

• F. Reapplication.

The same applicant may not reapply for a similar variance 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.

• G. Existing Variances.

Any variance granted pursuant to any zoning ordinance enacted prior to the effective date of this Zoning Code shall be construed to be a variance under this Zoning Code subject to all conditions imposed in such variance unless otherwise provided herein. Such variance may, however, be revoked or voided as provided in Section 94.06.00(E).

(Ord. 1294, 1988; Ord. 1829 § 3, 2013; Ord. 1925 § 9, 2017; Ord. 2031 § 82, 2020)

• A. When in the public interest, the City may consider and render decisions on slight modifications in the provisions of this Zoning Code, limited to the following:

  1. Allowance of one additional dwelling unit on a lot in a multiple residential zone; provided, the lot area for such unit is 50% or more of the lot area per dwelling unit required in the zone. All other dwelling units on the lot shall have the full lot area per dwelling unit required in the zone;

  2. Street Dedication. When additional dedication for street widening is required by this Zoning Code for lots of record subdivisions, the front or side-front setback requirement shall be reduced the same distance as that required for street dedication; provided however, in no case shall the allowed setback be less than 15 feet;

  3. Number of Units. When additional dedication for street widening is required by this Zoning Code for lots of recorded subdivisions, the number of units allowed shall be calculated on the basis of the net area of the site before street dedication;

  4. Reduction of lot area, lot dimensions, by not more than 10% of the required in the zone;

  5. Reduction of yards (including the placement of antennas in required yards) and distance between buildings, or increase in lot coverage, by not more than 20% of the requirement of the zone. Single-family dwellings on major and secondary thoroughfares may be allowed reductions of front and side yards up to the amounts allowed for single-family dwellings located on local/collector streets in the same zone;

  6. Reduction of number of required parking spaces by not more than 10% as shown in Section 93.06.00(C);

  7. Modification of wall, fence or landscaping not to exceed 20%, where topography or noise impacts require such modification;

  8. Mechanical Equipment in Residential Areas. When a site plan limits the ability to locate mechanical equipment as set forth in Section 93.01.00, a minor modification may be approved allowing further encroachment into the setback; providing, it is determined that such location will not have a detrimental effect on adjacent properties;

  9. Nonconforming Structures. Existing legal nonconforming two story structures located in an R-1 zone may be expanded by up to 50% of the second story floor area, subject to other applicable ordinances and Development Permit approval by the Planning Commission;

  10. Slope and Hillside Areas. For areas with a grade of 10% or more, modification of building height to a maximum of 30 feet and modification of front yard to a minimum of 10 feet, upon approval of a site plan, elevations and a grading map showing existing and finished contours. Approval shall be based on the finding that such minor modification will not have detrimental effect upon adjacent properties;

pe and Hillside Areas. For areas with a grade of 10% or more, modification of building height to a maximum of 30 feet and modification of front yard to a minimum of 10 feet, upon approval of a site plan, elevations and a grading map showing existing and finished contours. Approval shall be based on the finding that such minor modification will not have detrimental effect upon adjacent properties;

11. Cannabis Facilities—Separation Distance. The minimum separation distance required between Cannabis Facilities, or the minimum separation distance between a Cannabis Facility and any protected use (defined as a school, public playground, public park, day care/child care center, or youth center), may be waived the City Council on a case-by-case basis upon making findings established by this Section.

• B. The following procedure shall apply to minor modifications.

  1. Approval Authority.

     • a. The modifications described in subsections (A)(2) through (A)(3) shall be considered as automatic modifications when street right-of-way is dedicated to the City.

     • b. The modifications described in subsections (A)(1) and (A)(4) through (A)(9) may be approved by the Director.

     • c. The modification described in subsection (A)(10) may be approved by the Architectural Review Committee as part of an Architectural Review application approval, as described in Section 93.13.00(B).

     • d. The modification described in subsection (A)(11) may be approved by the City Council, as set forth in paragraph (6) below.

  2. When the application for a minor modification 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. Before approving a minor modification pursuant to the provisions of this section, the approval authority shall make all of the following findings, based on evidence presented:

     • a. The requested minor modification is consistent with the general plan, applicable specific plan(s) and overall objectives of the zoning ordinance;

     • b. The neighboring properties will not be adversely affected as a result of the approval or conditional approval of the minor modification;

     • c. The approval or conditional approval of the minor modification will not be detrimental to the health, safety, or general welfare of persons residing or working on the site or in the vicinity; and

     • d. The approval of the minor modification is justified by environmental features, site conditions, location of existing improvements, or historic development patterns of the property or neighborhood.

If the director is the approval authority, the director shall make the decision in writing within five days after the filing of a complete application. One copy shall be mailed to the applicant and one copy shall be filed with the director. The director may also 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.

, the director shall make the decision in writing within five days after the filing of a complete application. One copy shall be mailed to the applicant and one copy shall be filed with the director. The director may also 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. If the applicant is dissatisfied with the decision of the director, he or she may reapply to the planning commission, pursuant to the procedure set forth in Section 94.06.00 .

5. Modifications approved by the planning commission in the course of approving a conditional use permit or a planned development district shall not be subject to this section.

6. Additional Considerations—Separation Waivers for Cannabis Facilities. In addition to the findings listed in subsection (B)(3) above, the City Council may consider additional factors when evaluating waivers from separation requirements for Cannabis Facilities, as may be determined from time to time via resolution.

• (Ord. 2007 § 34, 2019; Ord. 2020 §§ 51, 52, 2020; Ord. 2042 §§ 21, 22, 2021)