§ 94.09 — Palm Springs Zoning Code

§ 94.09.00. Public hearing procedure. ¶

A. Hearing Date. A hearing date shall be set by the Department of Planning Services for the Planning Commission after an application has been verified as complete.
B. Notice. Notice of public hearing shall contain the date, time and place of the hearing and the identity of the hearing body and the location and proposed use of the subject property and a general description of the matter that is the subject of the hearing. Notwithstanding any other provision of law, when a matter requires a public hearing before both the Planning Commission (as a recommendation) and the City Council (as final action), notice of both public hearings may be combined into a single written notice. The combined notice shall contain the date, time and place of both public hearings as well as the identity of both hearing bodies and the location and proposed use of the subject property and a general description of the matter that is the subject of the hearings. The combined notice shall be published, posted and mailed as provided in this Section at least 10 days prior to the Planning Commission public hearing on the matter. The combined notice need not include the written recommendation of the Planning Commission.
C. Publication. When a provision of this title requires notice of a public hearing to be given, notice shall be published in at least one newspaper of general circulation within the city at least 10 days prior to the hearing.
D. Posting. The public hearing notice shall also be posted in one public location within the city at least 10 days prior to the hearing.
E. Mailing.
1. Applicable Projects. A mailed public notice shall be provided for the following application types:
  - a. General Plan Amendments;
  - b. Conditional Use Permits;
  - c. Zoning Map Amendments;
  - d. Planned Development District Applications; and
  - e. Cannabis Facilities.
2. Mailing Labels.
  - a. The applicant shall submit a list of all owners of property and lessees and sub-lessees of record as shown on the latest equalized assessment roll of the County Assessor. Addresses within 500 feet of the exterior boundaries of the subject property, together with a map showing the 500-foot radius drawn accurately with the subject property

identified, that further identifies the individual parcel of each property owner shall be submitted.

  - b. If any property within the 500-foot radius as described in Paragraph 2.a is owned by one or more members of the Indian tribe and held in trust by the United States Government, written notice consistent with the provisions of Paragraph 2.a for each such parcel shall be delivered to the Director of Indian Affairs. 

  - c. All mailing addresses of owners within a condominium or apartment complex must be included. 

  - d. All mailing addresses of lessees and sub-lessees of record must be included. 

  - e. All mailing addresses of subject property's owner, project applicant and owner's representative shall be included.

f. A certified letter from a title company or other qualified source verifying the accuracy of the information must accompany the submittal.
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- g. No application shall be accepted for filing without the required mailing list and three sets of gummed and typed mailing labels in the form required by the department of planning. 

- h. The Director or his/her designee shall check the submitted list and map against city records and shall verify the accuracy and completeness of said list as so checked. 
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1. Notices. Notices shall be mailed at least 10 days prior to the hearing date to all persons listed in subsection 2 herein.
2. Number of owners to whom the notice would be mailed. If the number of owners to whom the notice would be mailed pursuant to this section is greater than 1,000 the city may, in lieu of mailed notice, provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the city in which the hearing is conducted at least 10 days prior to the hearing.
3. Neighborhood Organization Notification. Notification shall also be sent via electronic mail to the representatives listed on the City's Neighborhood Organizations Web Page within one mile of the subject site by city staff.
4. Request for Notification. When a provision of this title requires notice of a public hearing, the notice shall also be mailed at least 10 days before the hearing to any person who has filed a written request for notification with the City Clerk or the Secretary of the Planning Commission and provided stamped self-addressed envelopes or a fee as set by City Council.
5. Additional Notice. The Director may require additional notice of the hearing by expanding the area of notification or using other means of notification or both.
6. Failure of person to receive notice. The failure of any person or entity to receive notice given pursuant to this title shall not constitute grounds for any court to invalidate the actions of the city.
F. On-Site Posting.
1. Objective. The purpose of the City of Palm Springs' on-site posting requirement is to advise neighbors, who do not receive mailed notification, about pending development applications, so that they can become informed about the project and participate in the development process, if they so choose.
2. Applicant Responsibility. The Project applicant is responsible for placing a "Project under Consideration" sign in a clearly visible location on the property within 30 days prior to the

first public meeting.

Applicable Projects. The following projects are required to provide on-site posting:
- a. General Plan Amendments
- b. Conditional Use Permits (New Construction)
- c. Zoning Map Amendments
- d. Planned Development District Applications
- e. Cannabis Facilities (both administrative and discretionary approvals).
Sign Posting Criteria.
- a. Sign Criteria.
  1. Sign face shall be ¾ or 1-inch exterior grade plywood board.
  2. Posts shall be 4 x 4 wood (or similar) securely sunk into the ground.
The signs shall be entirely white, except for sign copy described below.
1. Sign and copy sizes to be as follows:

Sign Size	Major Letter Size	Minor Letter Size
36″ H x 48″ W	3″	2″

Sign Copy Criteria.
- a. The sign copy must be black Helvetica Bold letters on a white background.
- b. Letters that state: "Project Under Consideration" shall be two times the minor letter size.
- c. Minor letters shall specify:
  1. Project case number and type (PDD, Rezoning, etc.);
  2. The property address, if one has been assigned;
  3. The applicant's name and contact phone number;
  4. A description of the proposal (e.g. office, residential, etc.);
  5. The lot area (number of acres or square feet);
  6. The project site zoning;
  7. The City Planning Department phone number;
  8. The seal of the City of Palm Springs at least 4″ in height.
Sign Placement Criteria.
- a. Free-standing signs shall have the lower edge no less than 6 feet and no more than 7 feet above grade.
- b. The sign must be placed no more than 5 feet from the property line or sidewalk.
Number of Signs.
- a. One notification sign is required for projects of 5 acres or less.
- b. Projects over 5 acres must have a sign on each street frontage.
- c. The Director may determine that additional signs shall be posted.
Timing.
- a. The required number of signs shall be posted on the property at least 30 days prior to the first public meeting of a duly appointed City Commission or Committee, or 30 days prior to any final administrative action by the City.
- b. Required signs shall remain visible and legible from 30 days prior to the first public meeting until final action is taken. The applicant is responsible for ensuring compliance with this paragraph.
Verification of Posting. The project applicant must submit to the city verification of on-site posting. Verification shall be provided by a photograph of the on-site sign, and a signed affidavit stating that the sign has been placed on the subject property on a date specific in conformity with these provisions.

The project applicant shall be responsible to ensure the sign remains visible on-site throughout the period before the hearing and the appeal period.

Inadequate Notice. In the event the project applicant fails to reasonably comply with the onsite posting requirements of this Subsection, the applicable hearing body shall either continue the hearing until the on-site posting requirements have been satisfied or deny the application without prejudice.

(Ord. 2007 § 36, 2019; Ord. 2031 §§ 86, 87, 2020; Ord. 2041 §§ 34—36, 2021)