1. Architectural approval shall expire two (2) years from approval unless the applicant has: obtained a building permit; paid all applicable fees; commenced construction; and is diligently pursuing completion. A cessation of construction for a period of more than thirty (30) consecutive days shall be presumed to be nondiligent.
2. The architectural review approval that has been granted, but not been exercised within two years, may be renewed for three one-year time extensions only if an application stating reasons for renewal is filed with the planning director at least ten (10) days prior to one two years after the effective date of the architectural review approval. The original approving authority for the architectural review (planning director or planning commission) shall render a decision regarding an extension. In the event that the planning director or planning commission acts to grant a time extension for the architectural approval, the planning director or planning commission may impose any reasonable conditions on the architectural approval as a condition of its renewal. In the event that such additional conditions are not acceptable to the applicant and/or owner, the planning director or planning commission shall deny the time extension request.
3. The criteria for granting a two year extension are:
a. No significant change has occurred in the surrounding neighborhood; b. The project conforms to existing and any new building and zone requirements; c. A request for the extension is properly filed with the planning director ten (10) days or more prior to expiration; and
d. The applicant states upon affidavit the reasons requiring an extension and such other criteria as the planning department shall set forth in the application.
4. The planning director or planning commission shall grant the extension if good cause is set forth in the application.
(Ord. 1004-(2) § 3, 2008; prior code § 080.10)
(Ord. No. 1195, § 14, 7-27-22)
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Title 17 - ZONING
Chapter 17.76 VARIANCES
Coachella, California, Code of Ordinances Created: 2024-06-26 08:27:42 [EST] (Supp. No. 26)
Chapter 17.76 VARIANCES
17.76.010 Variances.
A. Intent and Purpose. To prevent or to lessen practical difficulties and unnecessary physical hardships; to remedy disparity of privilege, nor to permit a use substantially inconsistent with the limitation upon other properties in the same zone and vicinity, nor to grant relief from self-imposed hardships.
B. Definition—Variances. "Variances" are adjustments in the application of this chapter to avoid practical difficulties and unnecessary hardships with respect to a particular piece of property which is not enjoying the privileges commonly enjoyed by other properties in the same vicinity and zone. A practical difficulty or unnecessary physical hardship may result from the size, shape or dimensions of a site, or because of the location of existing structures on the site, or from setbacks or building lines, or from geographic, topographic or other physical conditions on the site or in the immediate vicinity.
C. Authority of the Director. Subject to the provisions of this chapter, the planning director shall investigate and either make a recommendation or render a decision supported by findings on applications for variances as follows:
1. Major Variances from Development Standards. The planning director may recommend to the planning commission variances from the following development standards: fences and walls, site area, width, frontage, depth, coverage, floor area ratio, yards, height of structures, distance between structures and off-street parking and loading facilities, signs and enclosures or screening.
2. Variances from industrial performance standards not permitted.
3. Minor Variances/Modifications from Land Use Standards. The planning director may grant minor variances/modifications from certain land use standards pursuant to Section 17.70.120 of this title.
4. Use Variances. A variance which could essentially permit a change to a use not permitted by the district regulations controlling the applicant's property shall not be permitted.
D. Initiation. Owners or bona fide lessees of the affected property.
E. Public Hearing—Notification. Public hearings for major variances (those not subject to Subsection (C)(3)) are required. Notification shall be given in accordance with Section 17.70.050(F). (Prior code § 080.60)
(Ord. No. 1087, § 7, 5-25-16)
17.76.020 Determinations.
A. Types of Determinations. The planning commission shall consider the reports, recommendations, and any evidence presented, and its determination may take the following forms:
1. Approval of the application as filed or amended.
2. Modification of the Application. Determination may include granting of a change other than that requested, but any such change must be of equal or lesser intensity than that originally requested.
3. Disapproval of the application.
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4. Action postponed. (Time extension agreed to if necessary.)
5. Failure to act.
B. Findings. Each determination granting a variance shall be supported by written findings of fact showing specifically how the determination meets the following criteria and requirements:
1. That the strict application of the provisions of this chapter would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of the chapter;
2. That there are special circumstances applicable to the subject property such as size, shape, topography, location or surroundings, that do not apply generally to other property in the same zone and vicinity;
3. That such variance is necessary for the preservation and enjoyment of a substantial property right or use generally possessed by other property in the. same zone and vicinity, but which, because of such special circumstances and practical difficulties or unnecessary hardships is denied to the property in question;
4. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the same zone or vicinity in which the property is located, and;
5. That the granting of the variance will not adversely effect any element of the general plan.
C. Conditions. In granting the permissible variance, the commission may attach such additional conditions and safeguards as are deemed necessary to protect the surrounding area including, but not limited to the following:
1. Requirement of yards greater than the minimum required by this chapter.
2. Requirement of screening of parking, recreation or storage areas or other portions of the subject property from adjoining premises or from any street by walls, fences, plantings or other devices.
3. Modification of the exterior features or appearance of any structure where necessary to preserve property values.
4. Limitation of size and extent of facilities, machine capacity, number of employees or occupants, and method or times of operation.
5. Regulation of number, design and location of access drives or other traffic features.
6. Requirement of off-street parking or other special features beyond the minimum required by this chapter or applicable codes or regulations.
7. Utilities.
8. Control of location, number, color, size, height, lighting and landscaping of signs and structures as related to traffic hazards and appearance in harmony with surrounding development and community.
9. Maintenance of the grounds, landscaping and irrigation system.
10. Regulation of noise, vibration, odors and other similar performance standards.
11. A time period within which the proposed variance shall be utilized plus any specified period for the life of the variance.
12. A bond or deposit of money for completion of street improvements and other facilities or to guarantee the change or removal of any designated use or structure within a specified period of time, to assure faithful performance on the part of the applicant.
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13. Regulation of fences and/or walls shall pertain to the height thereof, materials used and visibility through and around said fence and walls.
D. Time Limits—Determination. The commission shall make determination within sixty (60) days of the filing date or such longer period up to an additional sixty (60) days as may be mutually agreed upon in writing between the commission and the applicant.
E. Effective Date—No Appeal Filed.
1. If no appeal is filed, the determination of the commission shall become effective upon the close of the appeal filing period (fifteen (15) days).
2. If an appeal is filed, see Section 17.70.070.
3. If the commission fails to act on the matter, see Section 17.70.070. (Prior code § 080.61)
17.76.030 Transfer of jurisdiction.
A. Commission Fails to Act. If the commission fails to act within the sixty-day prescribed time period or after any authorized extension period, the applicant may file a request for transfer of jurisdiction. The request shall be filed by mail, or at the public counter of the department within ten (10) days from the expiration of the authorized time period. The commission shall forward the application, with the file and any relevant information to the council for determination of the original application. If the applicant fails to file a request for transfer of jurisdiction, the original application shall be deemed denied and is not subject to appeal.
B. Procedure—Transfer of Jurisdiction. When a matter is transferred the council shall be governed by the same procedural and time requirements as apply to an original proceeding. When the council assumes jurisdiction, the commission shall lose jurisdiction in the matter. The director shall make such investigations and furnish such reports as the council may request. However, the matter may be remanded by the council in which case the commission shall regain jurisdiction. If the file is remanded, the time period shall not exceed that allowed to the council on transfer. If after a remand and expiration of the time specified, the commission still fails to act, the original application shall be deemed denied and is not subject to appeal.
C. Council Fails to Act. If the council fails to act on a variance application transferred to it, the original application shall be deemed denied and no appeal may be taken.
D. Effective Date—Transfer of Jurisdiction.
1. If the case was determined by the commission on remand and there was no appeal, decision is effective on the expiration of the appeal filing period (fifteen (15) days).
2. If the case was determined by the council, its decision is final on the date of mailing of its determination and findingsthe date the decision was rendered to the applicant. (Prior code § 080.62)
17.76.040 Appeals to the council.
A. Appellants. An appeal may be filed by the applicant, by any person aggrieved, or by any officer, board, department or bureau of the city.
B. Procedure—Appeal.
1. When an appeal is filed, the commission shall transmit its record of the matter to the council. 138
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2. If the original applicant or the appellant wishes to offer into the proceedings any new evidence or testimony, a written summary stating why such evidence or testimony could not have been presented during the original consideration shall be filed. If the council determines that such evidence could not reasonably have been presented earlier and is of such nature as might reasonably have led to a different determination, the matter shall be remanded to the commission. The commission shall reopen the matter and make a determination before expiration of the time period allotted to the council.
3. If the planning commission fails to act on remand after appeal, the matter is deemed denied and is not subject to further appeal.
C. Time Limit—Council Action. The council shall act on appeals concerning variances within sixty (60) days or within such extended period of time up to an additional sixty (60) days, as may be mutually agreed upon by the applicant or the appellant and the council.
D. Council Failure to Act on Appeal. If the council fails to act on an appeal concerning variances within the time limit specified, the action of the planning commission on the matter shall be final.
E. Effective Date—Appeal.
1. A determination by the council on appeals concerning variances shall become effective on the date of mailing of the council's determinationthe decision was rendered.
2. A determination by the commission on remand is not subject to appeal and shall become effective on the date of mailing of the determinationthe decision was rendered. (Prior code § 080.63)
17.76.050 Post-determination procedures.
A. Expiration of Variance.
1. A variance shall expire and shall become void one year following the date on which the variance became effective, unless prior to the expiration of one year, a building permit is filed and construction is commenced and diligently pursued toward completion, or a certificate of occupancy is issued.
2. A variance that has not been exercised may be renewed for an additional period of one year if an application stating reasons for renewal is made prior to one year after the effective date of the variance.
B. Revocation of Variance. A variance that has been exercised may be revoked by the commission if one or more conditions are not complied with. An appeal from the commission's decision to revoke a variance may be taken to the council, subject to provisions of Section 17.76.030. The council's decision is final.
C. Permits—Building Department. Upon the effective date of any variance authorization and subject to all conditions thereof, the building department may issue permits.
D. Variances Granted Prior to Effective Date.
1. All use variances granted and exercised prior to the effective date of this chapter, plus subsequent amendments, may be continued provided no new structure is erected, no existing structure is enlarged and no existing use is extended.
2. If any use variance granted prior to the effective date of this chapter has never been exercised or if once exercised and the use or development authorized has been discontinued or removed from the premises for a period of at least six months, such variance shall no longer be of any force and effect, and, the respective ordinance granting such variance is repealed. 139
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E. Change of Conditions and Minor Extensions. A subsequent change in the conditions of a variance which has been granted by the commission may be authorized by the planning director without a hearing, provided the change does not increase the density, nor decrease the number of parking stalls, nor substantially alter the intensity of operation beyond what was originally approved by the commission.
F. Reapplication—Variance. At least one year shall have elapsed since the effective date of disapproval of the application or revocation of variance before filing a new application seeking substantially the same variance for any of the same property.
(Prior code § 080.64)
(Ord. No. 1087, § 8, 5-25-16)
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Item 4.
Title 17 - ZONING
Chapter 17.77 PRE-APPLICATION REVIEW
Coachella, California, Code of Ordinances Created: 2024-06-26 08:27:42 [EST] (Supp. No. 26)
Chapter 17.77 PRE-APPLICATION REVIEW
17.77.010 Intent and purpose.
The purpose of a pre-application review includes the following:
A. To achieve better projects through early consultation between city staff and project proponents; B. To notify the city's executive staff of major projects that have significant impacts on the community; C. To coordinate reviews of projects among city staff, city departments, and outside agencies; D. To familiarize project proponents with the regulations and procedures that apply to the project; E. To provide project proponents with an early indication of whether a proposed development will be recommended for approval by staff;
F. To avoid significant investment in the design of a project without preliminary directions from city staff; and to identify issues that may arise during review of the projects (e.g., conformance with applicable design guidelines, conformance with goals, policies, and objectives of the general plan, environmental requirements and possible recommended mitigation measures, possible recommended conditions of approval, and requirements for public improvements).
(Ord. 1004-(2) § 4 (part), 2008)
17.77.020 Applicability.
A. Pre-application review shall be required for projects subject to one or more of the following approvals:
1. Projects involving a specific plan adoption, specific plan amendment, or planned development overlay;
2. Projects involving a general plan amendment, or change of zone;
3. Projects involving new construction of more than five thousand (5,000) square feet of commercial or institutional building area if not within the boundaries of an adopted specific plan;
4. Projects involving four or more dwelling units;
5. New construction of more than five hundred (500) square feet of building area within the boundaries of the Pueblo Viejo Master Plan;
6. New construction located within the boundaries of an adopted specific plan, if the review is required by the director;
7. Projects involving service stations, auto repair facilities, car washes, drive-thru businesses, auto dismantling, salvage yards, and outdoor storage uses;
8. New construction of more than ten thousand (10,000) square feet of industrial building area;
9. Land uses involving a conditional use permit in the industrial zones;
10. Street vacations;
11. Water reservoirs and wastewater treatment plants;
12. Subdivisions of land involving five or more lots.
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B. Optional Review. A project proponent may voluntarily submit a request for a pre-application review for any project involving a discretionary land use entitlement, change of zone request, or a tentative map.
C. Director-Required Review. The director reserves the right to require pre-application review for any project involving multiple-agency coordination and discretionary land use entitlements, where the proposed land uses have the potential to cause adverse impacts upon surrounding property owners. The director shall issue findings in writing requiring pre-application review, pursuant to this subsection. (Ord. 1004-(2) § 4 (part), 2008)
17.77.030 Procedure.
A. Procedure. Once the director determines that a request for pre-application review is complete, the director or designee shall process the request in the following manner.
1. Submittal Requirements. All requests for pre-application review shall be accompanied by a form to be provided by the community development department, twelve (12) copies of a site plan as specified in Chapter 17.62 of this title, and the required processing fee. Additional graphic materials may be requested by the director as part of the initial review of the pre-application submittal.
2. Notice. The director or designee shall send a written notice, with a project description and copy of site plan, to all affected city departments, outside agencies and special districts, informing of the time and place of the scheduled pre-application review.
3. Meeting. The pre-application review shall be conducted at a meeting in which the applicant for a project is invited and city departments and outside agencies are in attendance.
4. Scheduling. The director shall set the time and place of the pre-application review meeting, to be conducted within three weeks of receipt of a complete application.
5. Responsible Staff. The city manager, or designee, shall determine which city departments and outside agencies shall participate in the pre-application meeting. The director shall designate the staff person(s) responsible for scheduling and conducting the pre-application meeting.
6. Written Report. A written report from the director outlining the results of the pre-application review shall be provided to the applicant within thirty (30) days of the meeting. The written report shall be distributed to the city manager and executive staff, and shall be attached to the formal development application.
(Ord. 1004-(2) § 4 (part), 2008)
17.77.040 Pre-application review meeting.
A. Case Manager. The city manager shall appoint a case manager for the project, which shall be the primary liaison responsible for overseeing the project through the city's review and approval process. The case manager may be from the planning staff, economic development staff, public works staff, or redevelopment/housing staff, depending on the major entitlements needed and/or areas of expertise required for processing of the project.
B. Coordination. The staff person assigned to conduct the meeting shall provide an overview of procedures, introduce the case manager assigned to the project, engage the applicant and agencies in discussion, and conclude the meeting. At the initiation of the meeting, the applicant shall present a brief overview of the development proposal. All staff and agencies shall be prepared to discuss the proposal in detail and identify any major issues that may arise if the proposal is processed. 142
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C. Duration. The meeting shall be limited to one hour in duration. If additional time is required, this can be arranged at an additional cost to the applicant. If, at the end of the session, the status of certain issues remains unresolved, staff shall identify those issues and/or include any additional recommendations or study requests specified in the written report.
D. Disclaimer. Neither the pre-application meeting, the written report, nor information or pertinent policies provided by the city departments shall be construed as a city recommendation for approval or disapproval of the application/project.
(Ord. 1004-(2) § 4 (part), 2008)
17.77.050 Contents of written report.
A. Report Contents. The written report required under Section 17.77.030(A)(6) shall contain a letter from the director and copies of all staff and agency comments on the development proposal that were received as part of the pre-application review. Although the contents of the written report will depend on the type of proposal, its proposed location, the background information provided by the applicant, and other factors, the report shall generally provide the applicant with the following types of information:
1. Any applications which must be filed to process the proposal as well as any timing requirements associated with filing such applications. Applications which may be required include but are not limited to the following: general plan amendments, specific plans, changes of zone, and tentative maps.
2. Any special studies which must be filed to process the proposal as well as any timing requirements associated with filing such special studies. Special studies which may be required include but are not limited to the following: fiscal impact, private debt burden, biological, archeological, paleontological, geological, flood, traffic, air quality study and noise studies.
3. Any special plans which must be filed to process the proposal. Special plans which may be required include but are not limited to the following: conceptual grading plans, parks improvement plans, construction staging plans, dust control plans, and streetscape elevation renderings.
4. Current fees including but not limited to the following: application fees, mitigation fees (e.g., signal mitigation fees or area drainage fees), and special district fees administered by the city (e.g., MSHCP fees, TUMF fees).
5. Any major environmental issues associated with the proposal, including the possible need for an EIR subject to the anticipated environmental assessment.
6. Any major design considerations associated with the proposal (e.g., grading and drainage design, ingress/egress designs, limitations on density, requirements for public parks).
7. The availability of water, sewer, and fire flow rate.
8. The concerns remaining for the proposal, if any.
9. The changes that staff will require before making an approval recommendation, or a statement that an approval recommendation will not be made given the proposal's present configuration.
10. Findings required for the necessary permit or approval. (Ord. 1004-(2) § 4 (part), 2008)
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17.77.060 Validity of agency comments.
A. Agency Comments. No issues other than those identified in the written report shall be raised by staff during processing of the development proposal unless there are changed circumstances or new information identified during the processing of entitlement applications. The written report shall be valid for two years from the date thereof, unless a shorter period is specified in the written report.
B. Changed Circumstances. Notwithstanding the provisions of this section, where the director, department head, or agency representative subsequently determine that conditions have changed or that the existing information does not fully address all significant concerns, staff may require an additional study or studies not specified in the pre-application written report. Similarly, city and special district policies may change during the report's two year life, and policy recommendations, which were valid when the written report was issued, may or may not be valid when the development proposal is filed and processed. In such cases, the development application will be subject to City and special district policies in effect at the time of filing or hearing, whichever is appropriate. State and federal policies and laws unknown or not effective at the time of pre- application review may also affect the subsequent application.
C. Amended Recommendations. Notwithstanding the provisions of this section, the written report shall not in any manner whatsoever bind any city hearing body and shall not preclude such hearing body from requiring additional information or studies or from making additional recommendations in the course of the decision making process.
(Ord. 1004-(2) § 4 (part), 2008)
17.77.070 Revisions.
A. Revisions. The pre-application written report shall apply to the development proposal described in the request for pre-application and discussed at the pre-application review meeting. Substantial revisions to the proposal after issuance of the written report which do not conform to the agency comments shall invalidate the written report.
B. New Project. To process a substantially revised proposal, a new request for pre-application review and new fee will be required of the applicant. For purposes of this section, the director shall determine whether or not revisions made are substantial and constitute a new project. (Ord. 1004-(2) § 4 (part), 2008)
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60'-0"
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2,130 sq. ft.400 sq. ft. 6,000 sq. ft. Single Family Residential Lot 145 Item 4.
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Area
2,130 sq. ft.400 sq. ft. 6,000 sq. ft. Single Family Residential Lot -Driveway may not
exceed 30 feet wide
at each curb
opening.
-Driveways may not
exceed 40% of street
frontage
Front Yard Area
between front
building line and
street line shall not
be paved more than
60% of total front
yard area
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Area
2,130 sq. ft.400 sq. ft.
6,000 sq. ft. Single Family Residential Lot with
Courtyard and Entry Oriented to Driveway
Driveway may not
exceed 30 feet wide
at each curb
opening.
Potential
Courtyard
Area
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between front
building line and
street line shall not
be paved more than
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yard area Front Yard
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Area
Courtyard built at
Public Utility
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Line
147
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60'-0"
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2,130 sq. ft.400 sq. ft. 6,000 sq. ft. Single Family Residential Lot Driveway Trellis 16'-0" 18'-0"
Assumes 15' long vehicles
Driveway Trellis
Demo
280 sq. ft. Area148
Item 4.
60'-0"
100'-0"
10'-0"
20'-0" 20'-0" 10'-0" 5'-0"
5'-0" PLPUE 5'-0"
Front Yard
Setback
Area
Rear Yard
Setback
Area
2,130 sq. ft.400 sq. ft.
Driveway may not
exceed 30 feet wide
at each curb
opening.
Potential
Courtyard
Area
Courtyard built at
Public Utility
Easement (PUE)
Line
Front Yard Area
between front
building line and
street line shall not
be paved more than
60% of total front
yard area Front Yard
Setback
Area
6,000 sq. ft. Single Family Residential Lot with
Courtyard and Entry Oriented to Street 149
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