§ 94.12

• A. Purpose.

The purpose of this section is to provide a mechanism for extending the term of an entitlement previously granted under this chapter. This section shall not apply to tentative subdivision maps, which may be extended in accordance with Section 9.63.110. The provisions of this section are not intended to limit the authority or the discretion of the planning commission to determine whether good cause exists for an extension of time.

• B. Application.

An application for an extension of time shall be filed with, and on a form provided by, the

Department of Planning Services. Such application must be filed at least 60 days before the entitlement is due to expire. The application shall be signed and acknowledged by the owner of record of the property for which the extension of time is sought, and shall be notarized as to the owner's signature.

• C. Hearing and Notification.

An application for an extension of time shall be heard by the planning commission. The planning commission shall provide for a public hearing to be held in the manner provided for in Section 94.09.00.

• D. Criteria.

The burden of proof shall be on the applicant to establish by clear and convincing evidence that the applicant has proceeded in good faith and has exercised due diligence in complying with the conditions of approval imposed on the entitlement in a timely manner. In determining that good cause exists for an extension of time, the planning commission must make the following findings:

1. The requested extension of time is consistent with the General Plan and any applicable specific plan, and the proposed project remains consistent with those plans as they exist at the time the extension request is being considered;

2. The findings made in support of the original approval remain valid and are still appropriate;

3. There have been no significant changes to the proposed project, or to areas within the geographic proximity of the proposed project that negates the appropriateness of the project, or new information concerning new or substantially more severe environmental effects which would require a reevaluation of the project under the California Environmental Quality Act (CEQA);

4. The subject site has been properly maintained in accordance with the Property Maintenance Standards of this Title;

5. The applicant has demonstrated convincingly and clearly that the project will be substantially underway within the extended period.

6. The applicant has made reasonable, substantial and timely efforts to exercise the entitlement and advance the project, such as, but not limited to, the pre-payment of impact fees or submittal of permit applications; and

7. Extenuating circumstances, not within the applicant's control, (financial inability and market conditions excepted), have prevented the applicant from exercising the entitlement within the initial time period granted, but that such circumstances are more likely than not to be removed in time for the applicant to substantially begin the project within the extended period.

• E.

Decision.

The planning commission may take such action as it deems appropriate regarding the extension of time application, including without limitation:

1. Grant the extension of the previously approved entitlement;

2. Modify the previously imposed conditions of approval and/or add new conditions of approval in connection with a grant of extension; or

3. Deny the requested extension.

The decision of the Planning Commission is final on the 11th day after notice of the decision is provided to the applicant and to City Council and posted on the City's website, unless appealed to the City Council in the manner provided by Chapter 2.05 of the Palm Springs Municipal Code.

• F. Extension of Time – Term.

The planning commission may grant extensions for a period of up to 24 months beyond the original expiration date of the entitlement.

• (Ord. 1925 § 1, 2017)

Title Z-APP

ZONING APPENDICES