§ 94.07

An amendment to the zoning map changing any property from one zone to another shall be made according to the provisions of this section. An amendment to the zoning map constitutes a precise plan under the State Planning Law.

• A. Criteria for Granting a Change of Zone.

The commission in recommending and the council in reviewing a proposed change of zone, shall consider whether the following conditions exist in reference to the proposed zoning of the subject property:

1. The proposed change of zone is in conformity with the general plan map and report. Any amendment of the general plan necessitated by the proposed change of zone should be made according to the procedure set forth in the State Planning Law either prior to the zone change, or notice may be given and hearings held on such general plan amendment concurrently with notice and hearings on the proposed change of zone.

2. The subject property is suitable for the uses permitted in the proposed zone, in terms of access, size of parcel, relationship to similar or related uses, and other considerations deemed relevant by the commission and council.

3. The proposed change of zone is necessary and proper at this time, and is not likely to be detrimental to the adjacent property or residents.

• B. Procedure.

  1. Initiation.

     • a. The planning commission may initiate proceedings by motion then hold public hearings.

     • b. The city council may initiate proceedings by motion and then submit the matter to the commission for public hearings.

     • c. By Application.

       • i. All applications for amendment or change of zone shall be signed by the owner of the property in question or the owner's authorized representative. Where the authorized representative is the signatory, his or her authorization to represent the owner shall be in written form signed by the owner. The application shall be on

forms provided by the Department and shall be full and complete and shall include such data and information as may be prescribed by the planning commission to assist in determining the validity of the request and the manner in which it meets the considerations set forth in Section 94.07.00 . An incomplete application shall not be accepted for filing.

• ii. When a complete application is accepted by the Department, the Director or their designee, shall check the property owners list and map against their records and shall verify in writing the accuracy and completeness of the list as so checked.

2. Filing Fee.

When a petition for a change of zone 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 Investigation.

The planning department shall investigate the facts bearing on the proposed zone change to provide information necessary to assure 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 days nor more than 30 days after the publication of the legal notice of a public hearing on a zone change, hold the hearing.

   • b. The commission shall announce and record its decision within 30 days after the conclusion of the public hearing. The decision shall recommend either approval or disapproval of the proposed zone. The commission may reduce, but shall not enlarge, the area of the proposed zone change in any way, unless the proper notice and publication of the enlarged area is made.

   • c. The decision shall be filed with the council within 10 days after its announcement and a copy thereof shall be mailed to the petitioner at the address shown on the petition.

   • d. Where a request for a zone change appears valid for the specific uses proposed by an applicant and for only those uses, the planning commission may recommend and the council may approve a planned development district in lieu of a change of zone, subject to the filing of an application pursuant to Section 94.03.00, subject to compliance by the applicant with all of the commitments made in the presentation of his request and such other conditions as the commission and council may deem appropriate to assure the type of development proposed and the protection of the health, safety and general welfare in the neighborhood within which the development is proposed. A planned development district in lieu of a zone change, shall be approved and adopted by ordinance of the city council.

6. Council Action on Commission Recommendations.

   • a. If the planning commission has recommended against a proposed amendment, the city council shall take no further action based thereon unless an appeal is filed with the city clerk in accordance with the provisions of Section 94.07.00 . When the recommendation is in favor of a proposed amendment, the date of the council public hearing shall be set by the city clerk for not more than 30 days after the filing of the commission's recommendation to the council.

   • b. The council shall, not less than 10 days nor more than 30 days after publication of legal notice of public hearing on a zone change, hold the public hearing. The notice of

mailing and publication of public hearing shall be the same as that for the planning commission, as prescribed in Section 94.09.00 .

7. Council Decision and Referral.

   • a. After holding at least one public hearing, the council may approve or disapprove the proposed zone change. The council may modify or overrule the recommendation of the commission; provided, the proposed modification has been referred back to the commission for a report pursuant to the subsection (B)(7)(b) of this section.

   • b. The commission shall review the changes proposed and referred to it by the council and shall report its recommendations back to the council; such report to be filed with the council not more than 40 days after the referral by the council.

• C. Appeal.

The provisions of Chapter 2.05 of the Palm Springs Municipal Code shall apply. (Ord. 1294, 1988; Ord. 1553, 1998; Ord. 1829 § 3, 2013; Ord. 2031 § 83, 2020)

Any amendment to the text of this Zoning Code which imposes any regulation not theretofore imposed or removes or modifies any such regulation theretofore imposed shall be made according to the following procedure:

• A. Procedure.

  1. Initiation.

     • a. The planning commission may initiate proceedings by motion and then hold public hearings and make a recommendation as provided below.

     • b. The city council may initiate proceedings by motion and then submit the matter to the commission for public hearings.

     • c. The Director may initiate proceedings by written action, submitted to the Planning Commission for public hearing pursuant to the provisions of this Subsection.

  2. Staff Investigation.

The planning department shall study the proposed Zoning Code amendment and shall provide information necessary to assure action consistent with the intent of this Zoning Code and the general plan and shall report the findings to the commission.

3. Notice of Commission Public Hearing.

   • a. (Deleted by Ord. 1553).

   • b. Notice of the required public hearings shall contain the time and place of the hearing and the general purpose of proposed amendment.

   • c. Publication.

Notice shall be published in a newspaper of general circulation in the city not less than 10 days before the date set for the hearing.

4. Commission Public Hearing, Recommendation and Notice Thereof.

   • a. The commission shall, not less than 10 days nor more than 30 days after the publication of the legal notice of a public hearing on an ordinance amendment, hold the public hearing.

     • b. Within 30 days after the conclusion of the public hearing, the commission shall file its recommendation with the council, together with a report of findings, hearings and other supporting data.

   5. Council Public Hearing Date and Notice.

      • a. The hearing date shall be set by the city clerk for not more than 30 days after the filing of the commission's recommendation.

      • b. The council may adopt by ordinance the amendment recommended by the commission after holding at least one public hearing thereon. The council may modify the amendment recommended by the commission; provided, the proposed modification has been referred back to the planning commission for a report, pursuant to the subsection (A)(5)(c) of this section.

      • c. The commission shall review the changes proposed and referred to it by the council and shall report its recommendation back to the city council, the report to be filed with the council not more than 40 days after the referral by the council.

• (Ord. 1294, 1988; Ord. 1553, 1998; Ord. 1841 § 11, 2014; Ord. 2031 § 84, 2020)