Development Application

Process in La Quinta

By: Sherry Barkas, City of La Quinta

Have you ever wondered what is the process for a development application, and why do some projects take longer than others to get to the City Council?

Or, for that matter, why aren’t some immediately denied by City staff?

Most applications take six to nine months to process, while those that are more complex can take one or two years to reach the City Council.

The length of the process isn’t always under staff’s control, Design and Development Director Danny Castro said. Oftentimes, the application doesn’t meet City standards and the developer must make corrections. Also, the developer may ask for an extension or initiate changes to plans that aren’t requested by staff which could prolong the process.

Legal Requirements for Due Process

The law requires that all applications for development be processed and cannot be denied due process, though there are times when a developer will present an idea to staff to see if it is something that even fits with the City’s vision before formally applying.

Approval or denial comes from the Planning Commission and City Council, though not all must go to the Planning Commission or the City Council.

There are some projects – those which the City Council has determined not to be complex – that require only a Director’s Hearing. These could be amended maps and some special use permits.

“We have very few applications that require this,” said Cheri Flores, planning manager for the City.

The meetings run like Planning Commission meetings, though there is not a panel, and the director decides to approve or deny the application.

Opportunities to Appeal

There is also an appeal process for applicants and citizens/residents who may disagree with a decision by the Director or Planning Commission, either to approve or deny, Castro said. Appeals are heard by either the Planning Commission (in the case of a Director’s Hearing decision) or the City Council (in the case of a Planning Commission decision).

The panel hearing the appeal can uphold or deny the original decision.

Simple applications can be handled by City staff, such as new businesses opening in areas already zoned for their shop or restaurant, without need for approval by the Planning Commission or City Council.

Applications Handled by Staff

Others require Planning Commission approval but don’t need the council’s review, such as those seeking conditional use permits, tentative tract maps and some site development permits.

Based on state CEQA guidelines, planning commissioners would also determine if a project were exempt from environmental review or if they need to adopt a Mitigated Negative Declaration or certify an Environmental Impact Report.

Developments that are legislative in nature, such as those seeking a zone change or General Plan amendment, must go to the City Council for approval, Castro and Flores said.