Cathedral City City Zoning Code
Division I
Introductory Provisions
Ord- 892_0
§ 9.02.010 Purpose and intent.
The Cathedral City development code provides the framework for an organized, predictable and efficient development process. The development code embodies the policies and regulations necessary to implement the provisions of the general plan, specifically the land use element, and is intended to protect the public health, safety and general welfare of the residents and to provide economic and social benefits from an orderly planned use of land resources. If properly applied, these regulations can:
A.
Improve the quality of life, business climate and built environment of Cathedral City.
B.
Preserve natural beauty, scenic vistas, cultural and historic resources, and other desirable features of the city.
C.
Promote circulation patterns that are safe, convenient and effective for all modes of travel.
D.
Introduce and support sustainable development, conserve energy and protect natural resources.
E.
Result in neighborhoods that are diverse and offer opportunities for all income levels and lifestyle options.
F.
Remove barriers typically present for developers and those choosing to invest in the community.
(Ord. 714 § 3, 2012; Ord. 862 § 2, 2022)
§ 9.02.020 Scope of regulations.
The provisions of the development code apply to all properties within the municipal boundaries of Cathedral City. The city should strive to follow all the code requirements contained in the development code. However, on occasion with written authority from the city manager to waive or modify the provisions of the development code in regard to any real property, facilities and/or improvements owned by the city.
No building, or part thereof, shall hereafter be constructed, altered, or used, and no parcel of land shall be further developed, except in conformity with the provisions of this title. Furthermore, these provisions apply to any changes in occupancy of a building.
(Ord. 714 § 3, 2012; Ord. 862 § 2, 2022)
§ 9.02.030 Official zoning map.
The physical boundaries of the various zoning districts indicate on the official zoning map of the city which is on file with the city clerk and is hereby a part of this title. The development code specifies the allowable uses in each zone including the more flexible form based provisions allowed in each district.
(Ord. 714 § 3, 2012; Ord. 862 § 2, 2022)
§ 9.02.040 Boundaries of zoning districts.
The boundaries of each zoning district shall be established by ordinance adopted by the city council, following a recommendation from the planning commission, adopting or amending the official zoning map. It is the intent to place zoning boundaries along identifiable geographic features such as property lines, streets, drainage channels, etc. Where uncertainty exists in relation to the boundaries of any zone shown upon the official zoning map or any part or unit thereof, the following rules shall apply:
A.
Where boundaries are indicated that approximately follow street and alley lines or lot lines, such lines shall be construed to be the zone boundaries.
B.
When property is not part of an approved subdivision map and a zone boundary divides a lot, the boundary, unless indicated by dimensions, shall be determined by scale.
C.
Where a public street or alley is officially vacated or abandoned, the area comprising the vacation shall acquire the underlying zoning classification.
D.
Areas of dedicated streets or alleys and railroad rights-of-way, other than such as are designated on the zoning map as being classified in one of the zones provided in this title, shall be deemed to be unclassified and, in the case of streets, permitted to be used only for purposes lawfully allowed in conjunction with the abutting property and, in the case of railroad rights-of-way, permitted to be used solely for the purpose of accommodating tracks, signals, other operative devices and the movement of rolling stocks.
(Ord. 714 § 3, 2012; Ord. 862 § 2, 2022)
§ 9.02.050 Overlay districts.
In addition to the zoning districts established by this title, the following overlay districts are established which, when combined with a zoning district, establish additional special regulations which are discussed in Chapters 9.50 through 9.56:
A.
Overlay District S – Specific Plan;
B.
Overlay District H – Hillside Review;
C.
Overlay District LH – Limited Height;
D.
Overlay District P/IH – Institutional Housing;
(Ord. 714 § 3, 2012; Ord. 862 § 2, 2022)
§ 9.02.060 Annexations and pre-zoning.
Unincorporated territory or property adjacent to the city may be pre-zoned for the purpose of determining a zone which will apply to the property in the event of subsequent annexation. The procedure to establish a pre-zoning designation shall be the same as the process for changing zoning districts on property within the city. Unless otherwise specified at the time of annexation, the pre-zoning designation shall become effective upon annexation.
(Ord. 714 § 3, 2012; Ord. 862 § 2, 2022)
§ 9.02.070 Form based principles.
The development code includes form based principles intended to compliment traditional zoning regulations while allowing the flexibility needed to properly develop property within an existing built environment. Because such a large portion of the community has already been developed, a significant amount of future development will be infill projects or redevelopment of existing areas that are poorly developed or underdeveloped. Therefore, where appropriate, a strong emphasis will be placed on compatibility, consistency, scale, mass, circulation, safety and a harmonious built environment rather than strict adherence to a pre-established set of regulations that may not account for existing uses.
(Ord. 714 § 3, 2012; Ord. 862 § 2, 2022)
§ 9.02.080 General plan and zoning consistency.
The zoning districts established by this title are intended to implement the land use element of the general plan and to establish consistency between the land use element and routine land use decisions. In order to determine this consistency, the following matrix is provided.
GENERAL PLAN LAND USE DESIGNATION | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District | RE | RL | RR | RM | RM H | RH | BP | CN | CG | DTC | MU-N | MU-U | I | P | OS |
RE | O | ||||||||||||||
R1 | O | ||||||||||||||
R2 | O | O | |||||||||||||
RM | O | O | |||||||||||||
R3 | O | O | O | ||||||||||||
R4 | O | ||||||||||||||
RR | O | ||||||||||||||
PPO | O | O | O | O | |||||||||||
PLC | O | O | O | O | |||||||||||
PCC | O | ||||||||||||||
CTR | O | O | O | O | |||||||||||
CBP-2 | O | O | |||||||||||||
NBP | O | O | O | ||||||||||||
BP | O | ||||||||||||||
DRN | O | ||||||||||||||
MXC | O | ||||||||||||||
MU-U | O | ||||||||||||||
MU-N | O | ||||||||||||||
I-1 | O | ||||||||||||||
EH-LI | O | ||||||||||||||
OS | O | O | O | ||||||||||||
OS-R | O | O | |||||||||||||
(Ord. 714 § 3, 2012; Ord. 746 § 2, 2014; Ord. 862 § 2, 2022)
§ 9.04.010 General consistency and common conflict.
The provisions of this title are not intended to interfere with or void any easements, covenants, or other existing agreements which are more restrictive than the provisions of this title. When the provisions of this title impose more restrictive regulations upon buildings or structures, or on the use of lands, or require larger open spaces, yards, or setbacks or otherwise establish more restrictive regulations than are imposed or required by any other law, title, ordinance, code or regulation, the provisions of this title shall govern.
(Ord. 714 § 4, 2012; Ord. 862 § 2, 2022)
§ 9.04.020 Clarification of ambiguity.
If ambiguity arises concerning the application of the provisions of this title it shall be the duty of the planning commission to ascertain all pertinent facts and by resolution of record set forth the findings and the interpretations.
(Ord. 714 § 4, 2012; Ord. 862 § 2, 2022)
§ 9.04.030 Application of more restrictive requirements.
Nothing in this title shall be deemed to affect, annul or abrogate any other ordinances pertaining or applicable to the properties and areas affected by this title. In the event that a conflict does arise, the more restrictive requirement shall apply.
(Ord. 714 § 4, 2012; Ord. 862 § 2, 2022)
§ 9.04.040 Clarifications.
Any party seeking clarification of any provision of title, may submit the request to staff in writing. If the staff determination does not adequately clarify the provision, the subject party may seek further clarification from the planning commission. The decision of the planning commission may be appealed to the city council whose determination shall be final.
(Ord. 714 § 4, 2012; Ord. 862 § 2, 2022)
§ 9.05.005 Purpose and intent.
The purpose of this chapter is to establish procedures and requirements for the consideration of development agreements which are intended to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development by eliminating uncertainty in planning for and securing orderly development of a project, assuring progressive installation of necessary improvements, providing public services appropriate to each stage of development of a project, ensuring attainment of the maximum effective utilization of resources within the city at the least economic cost to its citizens, and otherwise achieving the goals and purposes for which the development agreement statue was enacted.
(Ord. 585 § 1, 2004; Ord. 862 § 2, 2022)
§ 9.05.010 Authority and scope.
This chapter is adopted pursuant to Article 11, Section 7 of the California Constitution and pursuant to Government Code Section 65864 et seq. All development agreements entered into after the effective date of this chapter shall be processed in accordance with the provisions of this chapter. In performing his or her functions under this chapter, the city planner shall act under the direction of the city manager.
(Ord. 585 § 1, 2004; Ord. 862 § 2, 2022)
§ 9.05.015 Application forms.
The city planner shall prescribe the form of each application, notice and documents provided for or required under this chapter for the preparation, processing and implementation of development agreements. The application shall include a fiscal impact statement on the proposed development. The city planner may require an applicant for a development agreement to submit such information and supporting data as the city planner considers necessary to process the application, including, without limitation, the names and mailing labels for all persons shown on the last equalized assessment roll as owning real property within three hundred feet of the property that is the subject of the development agreement.
(Ord. 585 § 1, 2004; Ord. 862 § 2, 2022)
§ 9.05.020 Filing and processing fees.
The city council shall establish and from time to time amend by resolution a schedule of fees imposed for the filing and processing of each application and document required by this chapter.
(Ord. 585 § 1, 2004; Ord. 862 § 2, 2022)
§ 9.05.025 Qualified applicant.
An application for a development agreement may only be filed by a person who has a legal or equitable interest in the real property for which a development agreement is sought or the authorized representative of such a person.
(Ord. 585 § 1, 2004; Ord. 862 § 2, 2022)
§ 9.05.030 Filing of application.
The city planner shall endorse on the application the date it is received. The city planner shall review the application and may reject the application if it is not completed in the manner required by this chapter.
(Ord. 585 § 1, 2004; Ord. 862 § 2, 2022)
§ 9.05.035 Draft development agreement.
Each application shall be accompanied by the form of development agreement proposed by the applicant. Such form of development agreement shall contain the mandatory development agreement terms and conditions required by Section 9.05.100 of this chapter. Failure to include such mandatory provisions shall result in the rejection of the application as incomplete.
(Ord. 585 § 1, 2004; Ord. 862 § 2, 2022)
§ 9.05.040 Review of application by the city planner.
The application shall be reviewed by the city planner. After reviewing the application and any pertinent information and determining that the application is complete, the city planner shall prepare a staff report to the planning commission. The staff report shall analyze the proposed development agreement and provide a recommendation to the planning commission as to whether or not the proposed development agreement should be approved, disapproved or approved with amendments.
(Ord. 585 § 1, 2004; Ord. 862 § 2, 2022)
§ 9.05.045 Setting of public hearing before the planning commission.
Upon completion of the staff report required by Section 9.050.040 of this chapter, a public hearing shall be held by the planning commission in order to consider the proposed development agreement and the director's staff report. The city planner shall give notice of the public hearing and the planning commission's intention to consider at the hearing recommending adoption of a proposed development agreement to the city council. Such notice shall be provided in accordance with Chapter 9.09 of this title.
§ 9.05.050 Contents and manner of providing notice of public hearing.
§ 9.05.055 Failure to receive notice.
Pursuant to Section 65093 of the Government Code, the failure of any person or entity to receive notice given in accordance with this chapter shall not affect the authority of the city to enter into a development agreement.
(Ord. 585 § 1, 2004; Ord. 862 § 2, 2022)
§ 9.05.060 Hearing and recommendation by the planning commission-Review criteria.
The planning commission shall consider the proposed development agreement at the public hearing and make a recommendation thereon to the city council in the form of a written resolution and in the manner set forth in this section. The recommendation shall be to either disapprove, approve or approve the proposed development agreement with recommended amendments. The recommendation shall be forwarded to the city council within seventy days of the time specified for the public hearing in the notice of public hearing. The recommendation shall include whether or not the proposed development agreement:
A.
Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;
B.
Is compatible with the uses authorized in the zone in which the real property is located;
C.
Is in conformity with the public necessity, public convenience, general welfare, and good land use practices;
D.
Will be detrimental to health, safety and the general welfare;
E.
Will adversely affect the orderly development of the property;
F.
Will have a positive fiscal impact on the city; and
(Ord. 585 § 1, 2004; Ord. 862 § 2, 2022)
§ 9.05.065 Hearing before the city council-Review criteria.
A.
After the recommendation of the planning commission or after the expiration of the time period specified in Section 9.50.060 of this chapter for planning commission consideration, the city planner shall give notice of a public hearing before the city council to consider the proposed development agreement. The notice shall be provided in the manner set forth in Chapter 9.09 of this title. After it completes the public hearing and considers the recommendation, if any, of the planning commission, the city council may approve, disapprove or approve with amendments the proposed development agreement. The city council may, but need not, refer the matters not previously considered by the planning commission during its hearing back to the planning commission for report and recommendation. The planning commission shall hold a public hearing in accordance with this chapter on any matters referred back to it by the city council.
B.
The development agreement may not be approved unless the city council finds that the development agreement:
1.
Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;
2.
Is compatible with the uses authorized in the zone in which the real property is located;
3.
Is in conformity with the public necessity, public convenience, general welfare and good land use practices;
4.
Will not be detrimental to health, safety and the general welfare;
5.
Will not adversely affect the orderly development of the property;
6.
Will have a positive fiscal impact on the city; and
§ 9.05.070 Approval of development agreement.
The development agreement, if approved, shall be approved by the city council by the adoption of an ordinance. Upon the adoption of the ordinance, the city shall enter into the development agreement by the execution thereof by the city manager.
(Ord. 585 § 1, 2004; Ord. 862 § 2, 2022)
§ 9.05.075 Amendment and cancellation.
A.
Either the city or the applicant or successor in interest thereto authorized by the city may propose an amendment or cancellation in whole or in part of the development agreement.
B.
The procedure for proposing and approving an amendment to or cancellation in whole or in part of the development agreement shall be the same as the procedures set forth in this chapter for entering into a development agreement.
(Ord. 585 § 1, 2004; Ord. 862 § 2, 2022)
§ 9.05.080 Recordation.
No later than ten days after the city enters into the development agreement, the city clerk shall record with the county recorder a copy of the development agreement.
(Ord. 585 § 1, 2004; Ord. 862 § 2, 2022)
§ 9.05.085 Periodic review.
A.
Pursuant to Section 65865.1 of the Government Code, the city council shall hold a public hearing to review the development agreement at least every twelve months from the date the development agreement is entered into. The purpose of this periodic review is to determine whether the applicant or authorized successor in interest thereto has complied in good faith with the terms or conditions of the development agreement.
B.
The city planner shall give notice of the public hearing in the manner specified in Chapter 9.09 of this title.
C.
The applicant or any authorized successor in interest thereto shall demonstrate at the hearing good faith compliance with the terms of the development agreement.
D.
If, as a result of such periodic review, the city council finds and determines, on the basis of substantial evidence, that the applicant or authorized successor in interest thereto has not complied in good faith with the terms or conditions of the development agreement, the city council may commence proceedings to enforce, modify or terminate the development agreement pursuant to Section 9.05.095 of this chapter.
§ 9.05.090 Changes in state or federal laws.
The city council, in its sole discretion, may hold public hearings to determine whether modification or suspension of the development agreement is required because state or federal laws or regulations, enacted after a development agreement has been entered into, prevent or preclude compliance with one or more provisions of the development agreement. If, as a result of such review, the city council finds and determines, on the basis of substantial evidence, that modification or suspension of the development agreement is so required, the city council may commence proceedings to modify or suspend the development agreement pursuant to Section 9.05.095 of this chapter.
(Ord. 585 § 1, 2004; Ord. 862 § 2, 2022)
§ 9.05.095 Modification or termination procedures.
A.
If upon a finding under subsection D of Section 9.05.085 or 9.05.090 of this chapter, the city council determines to proceed with modification, suspension or termination of the development agreement, the city council shall hold a public hearing and give notice of such hearing pursuant to Chapter 9.09 of this title.
B.
At the time set for the hearing, the city council may take such action, as it deems necessary to protect the interests of the city. Any action to terminate, modify or suspend the development agreement shall be by ordinance and shall be based upon findings, supported by substantial evidence.
§ 9.05.100 Form of agreement-Mandatory terms and conditions for development agreements.
No development agreement may be approved without the following mandatory provisions set forth in the agreement, which provisions shall be consistent with the regulations set forth in this chapter:
A.
The duration of the agreement;
B.
The permitted uses of the property,
C.
The density or intensity of use of the proposed property;
D.
The maximum height and size of proposed buildings on the property;
E.
Provisions, if applicable, for the reservation or dedication of land for public purposes;
F.
The legal description of the property that is the subject of the development agreement;
G.
A detailed description of the project that is the subject of the development agreement;
H.
All information and documentation, including, without limitation, acknowledgments, required by the county recorder in order to record the document with the county recorder for the county of Riverside;
I.
Provisions governing the applicable rules, regulations and official policies that shall govern the development of the project site;
J.
Provisions governing amendments to the development agreement and any development permit to be obtained for the development contemplated under the development agreement 9.05.100;
K.
Provisions governing the parties' respective rights and duties in the event of any delay or default in performance under the development agreement or in the event of any cancellation or termination of the development agreement;
L.
Provisions governing how any notice or communication required under the development agreement is to be transmitted by the parties;
M.
The following express provisions concerning city's and the applicant's respective rights and duties under the development agreement:
1.
Covenants Run With The Land. All of the terms, provisions, covenants and obligations contained in the development agreement shall be binding upon the parties and their respective heirs, successors and assigns, and all other persons or entities acquiring all or any portion of the subject property, or any interest therein, whether by operation of law or in any manner whatsoever, and the rights thereof shall inure to the benefit of such parties and their respective heirs, successors and assigns.
2.
No Damages Relief Against City. The parties acknowledge that city would not have entered into the development agreement had it been exposed to damage claims from developer for any breach thereof. As such, the parties agree that in no event shall developer be entitled to recover damages against city for breach of the development agreement.
3.
Developer Default. No building permit shall be issued or building permit application accepted for any structure on the subject property after developer is determined by city to be in default of the terms and conditions of the development agreement, and until such default thereafter is cured by the developer or is waived by city.
4.
Waiver. All waivers of any rights, duties or obligations under the development agreement must be in writing to be effective or binding upon the waiving party, and no waiver shall be implied from any omission by a party to take any action with respect to any event of default. Failure by a party to insist upon the strict performance of any of the provisions of the development agreement by the other party shall not constitute waiver of such party's right to demand strict compliance by such other party in the future. No express written waiver of any event of default shall affect any other event of default or cover any other period of time specified in such express waiver.
5.
Developer's Right to Assign or Transfer. Developer may not assign or transfer any of its rights or interests under the development agreement without the express written consent of city.
6.
Applicable Law. The development agreement shall be construed and enforced in accordance with the laws of the state of California.
7.
Cooperation In The Event of Legal Challenge. In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision of the development agreement or any potential subsequent development approvals, should any be obtained, the parties hereby agree to cooperate in defending said action or proceeding.
8.
Hold Harmless Agreement. Developer hereby agrees to, and shall defend, save and hold city and its elected and appointed boards, commissions, officers, agents and employees harmless from any and all claims, costs and liability for any damages, personal injury or death, which may arise, directly or indirectly, from developer's or developer's contractors', subcontractors', agents or employees' operations under this development agreement, whether such operations be by developer or by any of developer's contractors, subcontractors, agents or employees.
9.
Indemnification. Developer shall defend, indemnify and hold harmless city and its agents, officers and employees against and from any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following: (a) this development agreement; (b) the environmental impact report prepared in connection with the adoption of the project that is the subject of the development agreement; and (c) the proceedings undertaken in connection with the adoption or approval of any of the above.
10.
Severability. If any term, provision, covenant or condition of this development agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this development agreement shall continue in full force and effect, unless enforcement of this development agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this development agreement.
(Ord. 585 § 1, 2004; Ord. 862 § 2, 2022)
§ 9.06.010 Purpose and initiation.
In order to ensure that this title will permit compatible uses in each district, and recognizing that not every possible land use can be identified in this title and because new land uses evolve over time, the staff and/or the planning commission, upon its own initiative or upon written request, shall determine whether a use not specifically listed as a permitted, accessory or temporary use in any district shall be deemed a permitted use or conditional use in one or more districts. The determination shall be based upon the similarity to uses specifically listed in the zone. The procedures of this chapter shall not be substituted for a zoning ordinance amendment procedure as a means of adding new uses to the list of permitted or conditional uses.
(Ord. 714 § 5, 2012; Ord. 862 § 2, 2022)
§ 9.06.020 Staff level review.
Application for a determination shall be submitted to the planning department and include a detailed description of the proposed use and any other such information as may be required to facilitate the determination.
(Ord. 714 § 5, 2012; Ord. 862 § 2, 2022)
§ 9.06.030 Investigation and notification.
Staff will review and compare the proposed use characteristics with the general plan goals and objectives as well as the purposes of the various land use ordinances and must find:
A.
The proposed use must be compatible with surrounding uses and shall be of a similar or less intensive nature than uses being compared within the district. Use characteristics to be evaluated shall include, but are not limited to: typical development requirements such as access and parking demands, building enclosure and outdoor use, environmental impacts (i.e., noise, dust, odor, vibration, heat, glare, presence and handling of hazardous materials, etc.), nature of business (wholesale, retail, service, manufacturing, etc.), construction type, and typical public service demands (water, sewer, fire protection, etc.).
B.
The use in question meets the purpose and intent of the district in which it is proposed.
C.
The use in question meets and conforms to the applicable goals and objectives of the general plan.
(Ord. 714 § 5, 2012; Ord. 862 § 2, 2022)
§ 9.06.040 Planning commission review.
A.
Any determination on a proposed unlisted use may be referred to the planning commission as a public hearing item if the city planner determines on a case-by-case basis that the public interest would be better served by such referral.
B.
Staff determinations may be appealed by the applicant to the planning commission by filing a written request along with the established city fee with the planning commission within ten business days of the date of the staff determination. The planning commission shall consider the appeal as a public hearing item.
C.
The planning commission shall base their decision on the criteria in Section 9.06.030. The determination of the planning commission shall be effective ten calendar days after the date of decision unless appealed to the city council, by written appeal filed with the city clerk, whose decision shall be final.
(Ord. 714 § 5, 2012; Ord. 862 § 2, 2022)
§ 9.06.050 Appeals.
Any applicant or aggrieved person may appeal any determination of the planning commission for consideration by the city council in accordance with Section 2.04.100 of the municipal code. Any appeal must be submitted in writing within ten days of the decision of the planning commission and be accompanied by the payment of a fee as determined in the adopted fee schedule adopted by the city council.
(Ord. 714 § 5, 2012; Ord. 862 § 2, 2022)
§ 9.08.010 Purpose and intent.
A.
For the purposes of this title, certain words and terms used herein are defined in this chapter.
B.
When not inconsistent with the context, words used in the present tense include the future tense; words in the singular number include the plural number and words in the plural number include the singular number. The masculine gender includes the feminine and neuter genders. The word "shall" is always mandatory and not merely directory. The word "may" is permissive.
(Ord. 80 Art. III(A), 1984; Ord. 862 § 2, 2022)
§ 9.08.020 Definitions.
means the discontinuance of a use for a period of at least ninety days, wherein the discontinuance includes such overt acts as the removal from the site and/or building(s) of equipment and/or personnel that are integral to the conduct of the use, or the failure to notify the city of plans to continue the same use of the property and the specific time frame for continuing with the use.
means a subordinate building or a part of the main building on the same lot or building site, the use of which is incidental to that of the main building, and which is used exclusively by the occupants of the main building.
means a use customarily incidental and accessory to the principal use of a lot or a building located upon the same lot or building site.
means either the applicant or the city.
means a public or private thoroughfare or way, permanently reserved and having a width of not more than twenty feet, which affords only a secondary means of access to abutting property.
means incidental to and customarily associated with the specific principal use that is located on the same lot or parcel.
means a place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be limited to short-time boarding and shall be only incidental to such hospital use.
means any system of wires, poles, rods, reflecting dishes or similar devices, including any support structure or improvements used for the transmission or reception of electromagnetic radiation waves which system is external to or attached to the exterior of any building. An antenna includes amateur radio antennas and satellite antennas.
"Commercial antenna" means any antenna used to receive and/or transmit radio or television signals that are an integral and necessary component of a business requiring licensing by the Public Utilities Commission.
"Noncommercial antenna" means any antenna used to receive and/or transmit signals within the amateur radio assigned frequencies, as designated by the Federal Communications Commission, or receive television signals from orbiting communications satellites for nontransmission purposes.
means stores that either specializes in merchandise that is from another country or is antique in nature. Antique, for the purpose of this definition, shall mean resale goods, which are not readily available to the general public.
means the sale and service of vehicles, not limited by type, that are either rare in nature or are not readily available to the general public. Rare means not frequently encountered, scarce or unusual. Special features or superior quality shall characterize the vehicles referred to under this definition.
means a room or suite of two or more rooms in a multiple dwelling, occupied or suitable for occupancy as residence for one family.
means a building or portion thereof designed for or occupied by two or more families living independently of each other.
means separate residential or commercial units sharing one or more common walls but with no common interior space.
means the sale of new and used merchandise offered to bidders by an auctioneer for money or other consideration.
"New auto and truck sales" means a retail vehicle sales business that includes all of the following characteristics:
The business has a manufacturer licensed new car dealership franchise; and
The business has an on-site manufacturer's certified service facility; and
The business that displays vehicles for sale (not including motorcycles, motor scooters, or any similar two- and three-wheeled vehicles), that can be operated without a special permit, on all public roads and highways in the state.
means a retail and service place of business engaged in automobile body and collision repair, including auto body painting, with all work conducted wholly within a building.
means a retail and service place of business engaged primarily in automobile repair and sale of goods, excluding automobile body and collision service, and tire rebuilding, recapping and retreading, with all work conducted wholly within a building.
means a retail and service place of business engaged in the servicing of motor vehicles, which may include sales and dispensing of motor fuels; oil change and lubrication; battery charging and replacement; sale and service of tires, mufflers or brakes; smog testing; sale of automobile goods in association with automobile repair; and car wash (with no steam equipment).
means a permanently maintained space on the same lot or building site as the use it is designed to serve, having an area of not less than one hundred sixty square feet with a minimum width of eight feet for each stall and so located and arranged as to permit the storage of, and be readily accessible to, a passenger automobile under its own power.
means the dismantling or wrecking of motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts, outside of an enclosed building, but not including the incidental storage of vehicles in connection with the operation of a repair garage, providing the repair period of any one vehicle does not exceed sixty days, and not including the active noncommercial repair of one personal motor vehicle within one hundred twenty day period.
means a story partly underground and having at least one-half its height measured from its floor to its finished ceiling, below the average adjoining grade. A basement shall be counted as a story if the vertical distance from the average adjoining grade to its finished ceiling is over five feet.
means a single-family dwelling with one family in permanent residence and where rooms without individual cooking facilities are rented for overnight lodging. This definition does not include hotels and motels, which are defined separately; nor the rental of an entire residence for one week or longer.
means, for purposes of determining required parking spaces, all rooms other than a living room, kitchen, hall, pantry, closet or bathroom meeting the minimum requirements of the building code for such a room.
means a building where lodging and meals are provided for compensation for six but not more than fifteen persons, not including rest homes.
means any structure that is completely roofed and enclosed on all sides which is built and maintained for the support, shelter or enclosure of persons, animals, chattels, or property of any kind.
"Main building" means a building in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be the main building on the lot on which the same is situated.
means the vertical distance measured from the level of the finished building pad grade covered by the building to the uppermost portion of the building, including roof structures. The height of a segmented building constructed on multipads and/or terraced buildings is the maximum height of any segment of the building.
means the ground area of a building or buildings together with all open spaces adjacent thereto, as required by this title.
means the area of the ground floor of any building as measured from the exterior faces of all walls enclosing any area.
means the distance between the proposed building line and the highway line, the permanent access easement located on the same lot, the lot line or the property line.
means the purchase, sale, or other transaction involving the handling or disposition of any article, substance, or commodity for profit or livelihood, or the ownership or management of office buildings, office, recreational or amusement enterprises, or the maintenance and use of offices by professions and trades rendering services.
means any person engaged in commercial cannabis activity as defined in California Business and Professions Code Section 26001.
has the same meaning as that term is defined by Section 26001 of the California Business and Professions Code.
means a cannabis business that engages in the retail sale and delivery of cannabis or cannabis products to customers. A dispensary, as that term is used in this title, is a "retailer" under the Medicinal and Adult-Use Cannabis Regulation and Safety Act (California Business and Professions Code Section 26000 et seq.)
means a facility where cannabis and cannabis products are stored or inspected by a licensed cannabis distributor for the purposes of distribution and transportation between licensed cannabis businesses.
has the same meaning as that term is defined by Section 26001 of the California Business and Professions Code.
means a permanent roofed accessory structure with not more than two enclosed sides used or intended to be used for automobile storage for the occupants of the premises.
means a lot or portion of a lot used for the washing, cleaning, waxing, detailing of motor vehicles, including functions similar to vehicle cleaning. The various types of carwashes are:
Carwash, Coin Operated—Manual. A carwash wherein operating functions are performed manually by the patron, including spraying of water, brushing, drying, vacuuming, with no patron assistance by an owner-operator.
Carwash, Self-Serve. A carwash wherein operating functions are performed by automated equipment, including spraying of water, brushing and drying, with limited or no assistance by an operator-owner, wherein the vehicle operator remains inside the vehicle during the washing function, requiring no manual labor.
Carwash, Full Service. A carwash wherein operating functions are performed entirely by an operator-owner with the use of washing, waxing, drying equipment supplemented with manual detail by the operator-owner.
means a permanently located building commonly used for religious worship, fully enclosed with walls (including windows and doors), having a roof (canvas or fabric excluded) and conforming to applicable legal requirements affecting design and construction.
means the city of Cathedral City, California.
means a place used for the care, diagnosis and treatment of sick, ailing, infirm and injured persons and those who are in need of medical or surgical attention, but who are not provided with board or room, nor kept overnight on the premises.
means a nonprofit association for persons who are bona fide members, paying regular dues, and are organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
means the Cathedral City planning commission.
means anything of value.
means the product resulting from composting of plant debris for use in, or as, fertilizer or mulch.
means the process of converting plant debris for use as fertilizer or mulch.
means a place where composting activities are conducted and where a plant debris is accepted by donation, purchase, or after payment of a fee for the purpose of composting.
means a place for the acceptance by donation, redemption, or purchase of plant debris for transfer to an off-site facility for composting.
means a non-residential structure operated as a hotel, and with individual ownership of each room or suite of rooms. Suites may have portions that "lock-off" for rental purposes. Lock-offs shall be counted as separate units for parking purposes but shall be considered as part of the primary unit for intensity calculations.
means an estate in real property consisting of an undivided interest in common with other similar estate in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of such real property.
means a common interest development consisting of condominiums. A condominium consists of an undivided interest in common in a portion of real property coupled with a separate interest in space called a unit. The area within this unit may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. An individual condominium within a condominium project may include, in addition, a separate interest in other portions of the real property. A condominium project is further defined in subsection (f) of Section 1351 of the State Civil Code.
means a retail store that carries a range of merchandise oriented to convenience and travelers' shopping needs, typically in smaller sizes than offered by a grocery store. Convenience stores may be part of a service station or an independent facility.
has the same meaning as that term is defined by Section 1596.76 of the California Health and Safety Code.
means a structure or any other property improvement which is damaged or partially destroyed by fire, flood, wind, earthquake or other calamity of nature, act of God, accident or intentional act, to the extent that the cost of repairing, reconstructing or restoring the structure or improvement is greater than fifty percent of the cost of replacing the entirety of the building. The term "cost of replacing" as used in this definition means the costs as computed by the city planner or delegated representative. In making said computation, said city official shall use those tables and figures provided in that publication entitled "Building Standards" as published by the International Conference of Building Officials, and which issue is current at the time of such computations. Said tables and figures shall apply to a building which would conform to all the city and state regulations which are effective at the time of computation.
means areas for the storage and maintenance of vehicles and equipment used in the collection, transportation, and removal of trash, garbage and rubbish not including storage or dumping of trash, garbage or rubbish.
means facilities devoted to composting, recycling or transfer of waste and/or recyclable materials such that some portion of the source material is diverted from landfill disposal. Such facilities shall include, but are not limited to, composting facilities, composting transfer stations, zero waste facilities, recycling centers, recycling collection facilities (small), recycling collection facilities (large), waste and recycling transfer stations.
means any land division as provided for pursuant to Cathedral City ordinances relating to subdivisions.
means any lot or premises on which five or more dogs over four months of age are kept or maintained for any purpose or reason.
"Commercial dog kennels"
means any building, structure, enclosure, or premises whereupon, or within which, five or more dogs are kept or maintained primarily for financial profit for the purpose of boarding, breeding, training, marketing, hire or any other similar purpose.
"Noncommercial dog kennels"
means any building, structure, enclosure, or premises whereupon, or within which, five or more dogs over four months of age are kept or maintained, but not primarily for financial profit.
means a drive-up, drive-to or drive-thru window in a building for the convenience of a person in a vehicle to transact business, and includes the aisles and/or lanes for queuing including the space necessary for a vehicle to locate in order for the driver to utilize the drive-up, drive-to or drive-thru window.
means a commercial use wherein the cleaning of clothes is incidental to a laundry or cleaning pickup establishment, a launderette, or a coin-operated dry cleaning service, and where nonvolatile materials are used in the process.
means a building or portion thereof designed for, or occupied exclusively for, residential purposes, including one-family, two-family, and multiple dwellings, but not including hotels, motels, condo hotels, timeshares or bed and breakfasts.
"Guest dwelling" means living quarters within an accessory building for use exclusively by temporary, nonpaying guests of the resident family, such quarters having no cooking or plumbing facilities other than plumbing facilities for a bathroom.
"Multiple-family dwelling" means a building or buildings designed and used for occupancy by three or more families, all living independently of each other and having separate kitchen and toilet facilities for each family.
"One-family dwelling" means a detached building designed primarily for the use of a single family, no portion of which is rented or to be rented separately.
"Second unit dwelling" or "accessory dwelling unit" means a dwelling that meets the restrictions and requirements of Section 65852.2 of the California Government Code, which includes a maximum area of one thousand two hundred square feet for a detached second dwelling, or thirty percent of the existing living area for an attached second dwelling. Accessory dwelling units shall be allowed by-right in zones that allow for one-family or multiple-family dwellings. Also see Chapter 9.114.
"Junior accessory dwelling unit" or "junior accessory dwelling" means a residential unit that is not more than five hundred square feet in size, and contained entirely within an existing or proposed one-family dwelling and meets all of the requirements of Section 65852.2 of the California Government Code. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing or proposed one-family dwelling. Also see Chapter 9.114.
"Two-family dwelling" means a building under one roof designed to be occupied exclusively by two families, living independently of each other and having separate kitchen and toilet facilities for each family.
means one or more rooms together with a single kitchen in a single-family dwelling, apartment house or hotel designed as a unit for occupancy by one family for living and sleeping purposes.
means schools, colleges, or universities, supported wholly or in part by public funds, and other schools, colleges and universities giving general instructions, as determined by the California State Board of Education.
means a professionally managed housing complex consisting of a group of dwelling units and supporting common facilities designed and operated exclusively for the housing of elderly citizens and their spouses.
has the same meaning as "emergency shelter" as defined in subdivision (e) of Section 50801 of the California Health and Safety Code, as may be amended from time to time. Emergency shelters are allowed subject to specific standards regarding security, lighting, parking, and operation in accordance with California Government Code Section 65583(a)(4).
pursuant to California Health and Safety Code, Section 17000 et seq., is defined as privately-owned housing that provides living quarters in connection with any work, whether or not the payment of rent is involved. Employee housing shall be allowed by-right if for six or fewer residents; seven or more residents will be permitted consistent with similar dwelling types of the same size in the same zone.
means and includes built, built upon, added to, altered, constructed, reconstructed, moved upon or any physical operations on the land, required for a building.
means an individual or two or more persons related by blood or marriage, or a group, excluding servants, who are not related by blood or marriage, living together as a single housekeeping unit in a dwelling unit.
means a home which regularly provides care, protection, and supervision of twelve or fewer children, in the provider's own home, for periods of less than twenty-four hours per day, while the parents or guardians are away, and includes the following:
"Large family day care home"
means a home which provides family day care to seven to twelve children, inclusive, including children who reside at the home, as defined in regulations.
"Small family day care home"
means a home which provides family day care to six or fewer children, including children who reside at the home, as defined in regulations.
means any commercial establishment serving food or drinks, making provision encouraging consumption of food or beverages at home or on other premises.
means any structure or device forming a physical barrier which is so constructed that the vertical surface prevents passage through said surface in a horizontal plane. Where a solid fence is specified, one hundred percent of the vertical surface facing the yard being enclosed shall be solid, except for approved gates or other access ways. Where a masonry fence is specified, said fence shall be concrete block, brick, stone, or other masonry material.
Where an open fence is specified, at least seventy-five percent of that portion which is above three feet in height shall consist of openings that provide visibility and allow the passage of light and air. All other fences and walls are considered solid.
means any place of business to which the public is admitted wherein six or more game machines are maintained.
means any machine, device or apparatus which is used as a game or contest of any description or for amusement, or which may be used for any such game or contest or for amusement and the operation or use of which is permitted, controlled, or made possible by the deposit or placing of any coin, plate, disc, slug, or key into any slot, crevice or other opening, or by the payment of any fee or fees in lieu thereof, except a machine, device or apparatus used or offered for use, by children for rides, or as a hobby horse or for the viewing of miniature cartoons or "kiddie theater" films in establishments or areas reserved for the use of children under the age of fourteen years and their parents or guardians or by any person for playing or rendering music or as a test of strength or endurance.
"Private garage" means an accessory building or a main building or portion thereof, used for the shelter or storage of self-propelled vehicles or other goods, owned or operated by the occupants of a main building and wherein there is no service or storage for compensation.
"Public garage" means any building, other than a private garage, used for the storage, care or repair of motor vehicles and where any such vehicles are equipped for operation or kept for hire or sale.
means the general plan for the city, consisting of the general plan map and report as adopted by the city council.
means an establishment primarily engaged in retailing a general line of food products such as canned and frozen food, fresh fruits and vegetables, and fresh and prepared meats, fish and poultry, including specialty food stores except convenience stores.
means the horizontal area within the lot lines of a lot or parcel of land before public streets, before easements or other areas to be dedicated or reserved for public use are deducted from such lot or parcel.
is a home where a small number of unrelated people in need of care, support, or supervision can live together, such as those who are elderly or mentally ill. Group homes shall be allowed by-right if for six or fewer residents, seven or more residents will be permitted consistent with similar dwelling types of the same size in the same zone.
means a rehabilitation center for the treatment, counseling, rooming and boarding of persons released from jail, prisons, hospitals and sanitariums.
means those uses that are customarily conducted in a residence, provided such uses must be incidental and secondary to the principal use of a dwelling as a residence.
means an institution for the diagnosis, care, and treatment of human illnesses other than mental or alcoholic illnesses.
means a building or group of buildings designed for or occupied as a temporary living unit where dining and assembly is available.
"Resort hotel" means a hotel, including all accessory buildings as defined in this section and having a building site or hotel grounds containing not less than fifty thousand square feet. Such hotel may have accessory commercial uses operated primarily for the convenience of the guests thereof, provided there is no street entrance directly to such commercial uses, and further provided such commercial uses shall not occupy more than twenty percent of the ground floor area of such hotel building.
means the use of two hundred or more square feet of any lot or parcel of land for outside storage, wrecking, dismantling or salvage of any used or secondhand materials, including, but not limited to, lumber, auto parts, household appliances, pipe, drums, machinery or furniture. A proposed or intended use by the owner of the used or secondhand materials does not constitute an exception to this definition. The outside storage of used or secondhand materials in an area less than two hundred square feet is permitted only on the rear half of a lot or parcel.
means any room in a building or dwelling unit which is used for cooking or preparation of food.
means the planting of suitable plant materials or a combination of plant materials with minimum areas of paving, gravel, or otherwise dust-free materials including an adequate irrigation system.
means a business premises equipped with individual clothes washing and drying machines either coin-operated or attendant operated for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house or apartment hotel.
means a building where clothing and fabrics are commercially washed, other than a launderette. A laundry is deemed to be an industrial use.
means a visual path emanating from an average eye level. Such level is five feet above the ground level.
means an integrated housing unit and working space, in which the living quarters are the primary use and the work component is secondary. The unit is occupied by a single housekeeping unit in a structure that has been designed or structurally modified to accommodate joint residential occupancy and work activity.
means an off-street space or berth on the same lot with a main building, or contiguous to a group of buildings, for the temporary parking of a group of commercial vehicles, while loading or unloading, and which has access from a street, alley, or other permanent means of ingress or egress.
means a low-speed, low-volume highway primarily for access to residential, business, and other abutting property. A local street has parking and a significant amount of parallel and perpendicular pedestrian traffic.
means any facility having a room, rooms or a segment of a building allotted for periodic use or occupancy periods, usually not exceeding thirty days, as in a hotel, motel, condo hotel, bed and breakfast or timeshare.
means any numbered or lettered parcel shown on a recorded tract map, a record of survey recorded pursuant to an approved division of land, or a parcel map.
"Corner lot" means a lot located at the intersection or interception of two or more streets at an angle of not more than one hundred thirty-five degrees, which lot shall be considered a corner lot. If greater than one hundred thirty-five degrees, the lot shall be considered an exterior lot.
"Flag lot" means a lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip not less than twenty feet in width at any point connecting the main building site area to the frontage street. The area within the access strip shall not be considered in calculating the area of the lot. For purposes of setback calculations, the front yard of the lot shall be the narrowest property line dimension nearest the access drive.
"Interior lot" means a lot other than a corner or reverse corner lot.
"Key lot" means the first lot to the rear of a reverse corner lot and not separated by an alley.
"Reverse corner lot" means a corner lot, the side line of which is substantially a continuation of the front lot lines of the lot to its rear, whether across an alley or not.
"Through lot" means a lot having frontage on two dedicated parallel or approximately parallel streets.
means the average horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.
means any line bounding a lot as defined in this section. "Property line" means the same as "lot line."
"Front lot line," means, on an interior lot, the property line abutting the street. On a corner or reverse corner lot, the front lot line is the shorter property line abutting a street, except in those cases where the subdivision or parcel map specified another line as the front lot line. On a through lot or a lot with three or more sides abutting a street or a corner or reverse corner lot with lot lines of equal length, the city planner shall determine which property line shall be the front lot line for the purposes of compliance with yard and setback provisions of this title. On a private street or easement, the front lot line shall be designed as the edge of the easement.
"Interior lot line" means a lot line not abutting a street.
"Rear lot line" means a lot line not abutting a street, which is opposite and most distant from the front lot line; in the case of an irregularly shaped lot, a line within the lot, having a length of not less than ten feet. A lot which is bounded on all sides by streets may have no rear lot lines.
"Side lot line" means any lot line not a front lot line or rear lot line.
means the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.
means a housing first, low-barrier, service-enriched shelter focused on helping individuals into permanent housing accommodations as defined in Section 65660(a) of the California Government Code, and which provides temporary living facilities while case managers connect individuals experiencing homelessness to jobs, public benefits, health services, shelter, and housing. Low barrier navigation centers shall be allowed in nonresidential and multifamily residential zones.
refers to a factory-built home that can be placed on a piece of land. These homes are permitted on lots zoned for one-family dwellings and are subject to the same development standards as one-family dwellings, with the exception of architectural requirements for roof overhangs; roofing material; and siding material (Government Code, Section 65852.3, subdivision (a)). However, any architectural requirements for roofing and siding material shall not exceed those which would be required of conventional one-family dwellings constructed on the same lot (Government Code, Section 65852.3, subdivision (a)).
means a premises where a licensed cannabis manufacturer engages in the manufacture of cannabis products.
means an area or tract of land where two or more mobile home lots are rented or leased or held out for rent or lease to accommodate manufactured homes or mobile homes used for human habitation. The rental paid for any such home shall be deemed to include rental for the lot it occupies. This definition will be deemed to include any revisions incorporated into Section 18214 of the California Health and Safety Code.
Notwithstanding the foregoing definition, any person, not including a mobile home park operator, who owns a mobile home and owns, rents or leases the land upon which the mobile home is located, is permitted to rent, lease, sublease, let out, or hire out for occupancy the mobile home and the land upon which the mobile home is located, without obtaining a permit to construct or operate a mobile home park.
means a dwelling or residential building having all of the following characteristics:
The dwelling is constructed upon a proposed lot previously designated as a model home site in a subdivision for which there is an approved tentative map, and for which a final map has not been recorded.
The dwelling is intended to be temporarily utilized as an example of the dwellings which have been built or which are proposed to be built in the same subdivision.
means a building or group of buildings designed for or occupied as a temporary living unit of individuals who are lodged without meals, and in which no provision is made for cooking in any individual room.
means a self-propelled device used or intended to be used for the transportation of freight or passengers upon a street or highway, excepting a device moved by human power or a device used exclusively upon stationary rails or tracks.
"First-run movie theaters" means movie theaters which predominately run movies released within sixty days.
means the total horizontal area within the property lines of a lot or parcel of land exclusive of all rights-of-way and all easements that physically prohibit the surface use of a portion of the property.
means a building which was legal when established, but which because of the adoption or amendment of this title conflicts with the provisions of this title applicable to the district in which such building is situated.
means an improvement to a property which was legal when established, but which because of the adoption or amendment of this title conflicts with any provisions of this title.
means a structure, as defined by the Uniform Building Code and including buildings, which was legal when established, but which because of the adoption or amendment of this title conflicts with any provisions of this title.
means the use of a building or land which was legal when established, but which does not conform to subsequently established zoning or any zoning regulation, and which conflicts with the provisions of this title applicable to the district in which such use is located.
"Change of occupancy" means a discontinuance of an existing business type or use and substitution thereof of a business type or use of a different kind or class.
means those uses that are customarily conducted in a residence as office, or artist studio work activities, where customers can have direct access to the residence, provided such uses must be incidental and secondary to the principal use of a dwelling as a residence.
means and includes: used, arranged, converted to, rented, leased, or intended to be occupied.
means a small structure that is open to the elements on one or more sides. Open-air kiosks may be used to retail goods such as newspapers, fruits and vegetables, jewelry or flowers.
means any part of a lot or project, as defined in this section, unobstructed from the ground upward.
means any notice or advertisement, pictorial or otherwise, and all such structures used as an outdoor display, regardless of size or shape, for the purposes of advertising property or any establishment or enterprise, including goods and services, which are not located on the same property as said advertising structure.
means any outdoor advertising structure or outdoor advertising sign used for advertising purposes, that advertise products or services that are not produced, stored, or sold on the property upon which the sign is located. An outdoor advertising display may be commonly known or referred to as an "off-site" or an "off-premises" billboard.
means any structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any poster, bill, printing, painting or other advertisement of any kind whatsoever may be placed, including statuary, for advertising purposes. "Outdoor advertising structure or billboard" shall not include: (1) official notices issued by any court or public body or officer; (2) notices posted by any public officer in performance of a public duty or by any person in giving legal notice; (3) directional, warning or information structures required by or authorized by law or by federal, state or county authority; or (4) a structure erected near the city's boundary, which contains the name of the city of Cathedral City and the names of, or any information regarding, civic, fraternal or religious organizations located therein.
as defined in subsection (b) of Section 18010 of the California Health and Safety Code, is a unit designed for human habitation for recreational or seasonal use only, which meets all of the following criteria:
It contains four hundred square feet or less of gross floor area measured at the maximum horizontal projections. However, it may not exceed twelve feet in width or forty feet in length when in place;
It is built on a single chassis;
It may only be transported upon the public highways with a permit;
It is constructed in accordance with Standard No. A119.5 of the American National Standards Institute, as it may be changed by the regulations of the State Department of Housing and Community Development.
"Covered parking area" means any garage, carport, parking structure, parking basement, or accessory building used for the parking of any vehicle.
"Public parking area" means an open area, other than a public street or private parking area, used for the parking of five or more automobiles.
"Residential parking area" means an area on a lot designed for the parking of vehicles owned by the residents of the lot.
means and includes association, company, firm, corporation, partnership, copartnership or joint venture.
means any person who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone who has a record of such impairment or otherwise qualifies as disabled or handicapped under the Fair Housing Amendments Act of 1988 or the California Fair Employment and Housing Act. Includes the plural, "people with disabilities."
means any place designed for or used for congregation or gathering of twenty or more persons in one room where such gathering is of a public nature; assembly hall, church, auditorium, recreational hall, pavilion, place of amusement, dance hall, opera house, motion picture theater, outdoor theater or other theater, are included within this term.
means a development that may be permitted to have reduced width, depth and building setback requirements, and have common access and common parking, provided a planned development land division is approved pursuant to the provisions of this title.
means a development that may be permitted to have reduced lot area, width, depth and building setback requirements, and have common access and common parking, provided a planned development land division is approved pursuant to the provisions of this title.
means a residential development, including, but not limited to, statutory and nonstatutory condominiums, cluster housing, townhouses and community apartments, that is permitted reduced lot area, width and depth requirements and building setback requirements, by integrating into the overall development open space and outdoor recreational facilities, and which may include recreation and public assembly buildings intended primarily for the use of residents of the project, within the development.
means a project improved in accordance with a comprehensive development plan in which owners of separately owned lots are owners in common, possessing appurtenant rights to the beneficial use and enjoyment of the commonly owned property, further defined as a planned development in subsection (k) of Section 1351 of the State Civil Code.
means a facility specifically designed for outdoor active recreational purposes, such as golf, tennis, fields and courts for ball sports, equestrians, polo, etc. Not included are commercial recreation facilities such as miniature golf, batting cages, skating rinks, etc. Further not included are residential recreation facilities such as swimming pools, basketball hoops, etc.
means the same as "lot line" and means any line bounding a lot as defined in this section.
means an area for the storage of public utility vehicles and materials and office facilities for the installation, maintenance and construction personnel.
means any utility-related facility or installation by any public entity, including special districts, to the extent allowed by Government Code Section 53091.
means activities include sports performed indoors which require a facility for conducting the recreational activity, such as health clubs, exercise studios or classes, swimming centers, skating rinks, bowling alleys, or raquetclub courts.
means, as defined by Section 18010 of the California Health and Safety Code, a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy, which meets all of the following criteria:
It contains less than three hundred twenty square feet of internal living room area, excluding built-in equipment, including, but not limited to, wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms;
It shall not exceed eight feet in width as measured at maximum horizontal projections, with the exception of one slide-out not exceeding twenty square feet in area;
It is built on a single chassis;
It is either self-propelled, truck-mounted, or permanently towable on the highways without a permit;
It is constructed in accordance with Standard No. A119.2 of the American National Standards Institute, as may be changed by the regulations of the State Department of Housing and Community Development.
For the purposes of this definition, the term "park trailer" as contained in the state definitions is specifically omitted. |
means an area or tract of land or portion of a recreational vehicle park where one or more campsites are rented to visitors or tourists who will reside at the campground in recreational vehicles (not including park trailers), or tents. A tent for the purpose of this definition is any enclosed shelter fabricated entirely or in major part of cloth, canvas, or similar flexible material.
means that part of a recreational vehicle park for the exclusive use of the occupants of a recreational vehicle. The recreational vehicle lot shall include the exclusive adjoining parking space and the required open space around the recreational vehicle. An RV lot may be rented, leased or, if permitted herein, purchased as a separate parcel of land. Except as otherwise expressly noted within the regulations of this title, the definition of a recreational vehicle lot includes park trailer lot.
means a recreational development containing active recreational amenities and lots for the parking of recreational vehicles, and park trailers where specifically permitted, as temporary residences. For the purpose of this title, recreational vehicle parks are further defined as either:
Rental parks, where the recreational vehicle park is owned by a single owner or organization;
Ownership/membership parks, where the recreational vehicle lots are owned by individuals, but the park itself and the amenities, including common areas, are maintained by a homeowner association or other organization in which all recreational vehicle owners must maintain membership, or in which the individual lots are owned by an overall membership organization, of which individual recreational vehicle owners are members;
Extended occupancy parks, where the recreational vehicle lots are owned by individuals, but the park itself and the amenities, including common areas, are maintained by a homeowner association or other organization in which all recreational vehicle owners must maintain membership, or in which the individual lots are owned by an overall membership organization, of which individual recreational vehicle owners are members.
All existing recreational parks, mobile home parks, trailer courts and other uses containing recreational vehicle spaces for rent, lease or sale not meeting these definitions are considered nonconforming for the purpose of this title. |
means reusable material, including, but not limited to, metals, glass, plastic, and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. "Recyclable material" does not include refuse or hazardous materials.
means a place for the processing of recyclable materials, and may also include collection facilities, which are certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986.
means a place of more than five hundred square feet for the acceptance by donation, redemption, or purchase of recyclable materials from the public.
means a place of five hundred square feet or less for the acceptance by donation, redemption or purchase, of recyclable materials from the public.
means a permanently located building commonly used for religious worship fully enclosed with wall, including windows and doors, and having a roof canvas or fabric excluded and conforming to applicable legal requirements affecting design and construction.
means a room and bath and kitchen as a separate unit.
means activities typically including research, design, analysis and development, and/or testing of a product. Uses typically include testing laboratories, acoustical chambers, wind tunnels, and computer services. Such uses do not promote odors, noise, vibration or particulates, which would adversely affect uses in the same structure or on the same site.
means a building used, designed or intended to be used as a home or dwelling place for one or more families.
is a comprehensive term meaning an eating establishment, providing services to a general public. The term "restaurant" is more fully defined in Section 28522 of the California Health and Safety Code. Some types of establishments included within the term "restaurant" are cafés, cafeterias, coffee houses, coffee shops, dinner houses, drive-in or drive-thru restaurants, fast-food service establishments, fountain lunches, lunch rooms, pancake houses, sandwiches shops, tea rooms, and waffle houses.
means any business that sells new goods, wares and merchandise directly to the ultimate consumers from a permanent structure whose sole purpose is the operation of said business. For the purpose of this definition, permanent structure means any structure requiring a building permit that is anchored to a solid foundation.
means any business that sells any percentage of non-new goods, wares, and/or merchandise directly to the ultimate consumers from a permanent structure whose sole purpose is the operation of said business. For the purpose of this definition, permanent structure means any structure requiring a building permit that is anchored to a solid foundation. This definition applies to retailers of consignment goods, antiques, second-hand stores, used furniture or appliances, pawnbrokers, or any other use that is determined to be similar in nature by the city planner. This definition does not include uses such as automobile wrecking yards, recycling centers, or any other business not normally defined as a new goods retailer. In commercial zones requiring a conditional use permit, the use must justify that it will not contribute to the decay or deterioration of the business, social or economic environment in the area by its usage of displays, signage, name, the manner in which business is conducted, or any other feature of the business that is visible from the exterior of the building in which it is housed. All such businesses shall conform to all required conditions of approval as to assure the legitimate operation of said business. The applicant shall be required to provide personal information to the city and keep records of merchandise so that the city can be assured that only legitimate, legal goods are being sold. This requirement does not preclude any state or federal regulations.
"Private school" means an institution conducting regular academic instruction at kindergarten, elementary, secondary and college levels, operated by a nongovernmental organization.
"Public school" means a school operated by a governmental organization.
means a housing complex, which may or may not be professionally managed, consisting of a group of dwelling units and supporting common facilities designed and operated exclusively for the housing of senior citizens and their spouses.
means, for the purpose of this title, a "senior citizen" is an individual at least fifty-five years of age. An "elderly citizen" is an individual sixty-two years of age or older.
means the same as "automobile service station."
"Front yard setback line" means the line which defines the depth of the required front yard. Said setback line shall be parallel with the street line or the line established by the general plan or setback regulation and be removed therefrom by the perpendicular distance prescribed for the front yard area.
"Rear yard or side yard setback" means the line which defines the width or depth of the required rear or side yard. Said setback line shall be parallel with the property line and removed therefrom by the perpendicular distance prescribed for the yard and the zone. If the side or rear yard abuts the street the distance shall be measured as set forth under setback line front yard.
means a group of at least three businesses, within a building or buildings with a gross floor area of eight thousand square feet or more, which function as an integral unit with common parking and access.
means any privately owned qualifying residential dwelling unit or portion thereof, rented for occupancy, dwelling, lodging, or sleeping purposes for a period of thirty consecutive calendar days or less, counting portions of calendar days as full use days. An STVR shall not be and is not permitted for use in any disqualified space. An STVR does not include the use of a lodging facility, hotel, motel or a timeshare subject to Chapter 9.92 of this code.
The definition of "sign" is as set forth in the sign regulations (Chapter 9.62).
means a structure consisting of six or more units, each of which is designed for occupancy by no more than two persons, which also has bathing facilities, that may or may not have partial kitchen facilities, and which is occupied as a primary residence by its occupants. The definition of SRO does not include employee housing, emergency shelters, residential care homes, elderly housing developments, rooming and boarding houses, hotels and motels, bed and breakfast lodging, extended care facilities or hospitals.
means a plan prepared to scale showing accurately and with complete mentioning all of the buildings, structures and uses and the exact manner of development proposed for a specific parcel of land.
means the review of a site plan, other studies to assist in determining the manner in which the applicant intends to make use of his property.
means a building constructed for sale/lease purposes only with no intention of the builder/developer to immediately occupy or use the building for their own purposes.
"Commercial stable" means a stable for horses which are let, hired, used or boarded on a commercial basis and for compensation.
means a parking lot that is not approved or constructed as part of a larger development project.
"Commercial storage container" (also known as a shipping container), is a metal container usually rectangular in shape and usually used by shipping and transportation companies as a convenient container within which products are transported is expressly prohibited by this definition to be used for the retail exhibition of products or to be used as a work space for employees.
means that portion of a building included between the surface of any floor and the surface of the floor next above it or the finished under surface of the roof directly over that particular floor.
means a public or an approved private thoroughfare or road easement which affords the principal means of access to abutting property, but not including an alley.
means the boundary line between a street and abutting property.
means any change in or alteration to the structure of a building involving the bearing wall, column, beam or ceiling joist, roof rafters, roof diaphragms, foundations, tiles, retaining walls or similar components.
means a mobile home or anything constructed or erected and the edifice or building of any kind or any piece of work artificially built up or composed with parts joined together in some definite manner which requires location on or in the ground or is attached to something at the location on or in the ground except swimming, wading pools, patios, paved areas, walks, tennis courts, and similar recreational areas.
"Accessory structure" means a detached subordinate structure located on the same site with the main structure or the main use of the land, or attached structure open on three sides or more.
"Main structure" means a structure housing a principal use of a site or functioning as the principal use on a site.
"Temporary structure" means a structure which is readily movable and used or intended to be used for a period not to exceed ninety consecutive days. Such structure shall be subject to all applicable property development standards for the zone in which it is located.
has the same meaning as defined in subdivision (b)(2) of Section 50675.14 of the California Health and Safety Code, as may be amended from time to time.
means a use where stalls or designated areas either within an enclosed building or an open area are established for the use by more than five independent vendors offering goods or materials for sale or exchange. The term swap meet also includes farmer's market, street fair, public fair, art exhibits, seller's market, and other terms commonly used for such activities.
"Permanent swap meet" means a swap meet located, or to be located, at the same site for more than ninety consecutive calendar days, or for more than one hundred twenty calendar days in any twelve-month period, or on routinely scheduled day(s) of the week or month for one year or more.
"Temporary swap meet" means a swap meet not meeting the criteria of a permanent swap meet.
means an open area used by trail bikes, or motorcycles, for purposes such as, but not limited to, hill climbing, trail riding, scrambling, racing and riding exhibitions.
has the same meaning as defined in subdivision (h) of Section 50675.2 of the California Health and Safety Code, as may be amended from time to time.
means an area or tract of land that was established prior to city incorporation (November 16, 1981) as a place for the renting or leasing of space for the placement of travel trailers, recreational vehicles, mobile homes and other similar dwelling units. For the purpose of this title, a travel trailer park is not a mobile home park or a recreational vehicle park.
means the purpose for which land or a building is arranged, designed, or intended, or for which either is or may be occupied or maintained.
means and includes occupied, arranged, designed for or intended to be used.
means a site or portion of a site on which the dismantling or wrecking of used vehicles occurs, whether self-propelled or not. An area where the storage, sale or dumping of the metal of wrecked vehicles or their parts is conducted. The presence on a site of two or more motor vehicles which have not been capable of operating under their own power for thirty days or more or in the case that vehicles not self-propelled which have not been towable or from which parts have been removed for re-use or sale shall constitute prima facie evidence of a vehicle wrecking yard.
means a building or buildings used for storage of goods of any type when such building or buildings contain more than five hundred square feet of storage space and where no retail operation is conducted.
means an open and unoccupied space on a lot on which a building is situated and, except where otherwise provided in this ordinance, open and unobstructed from the ground to the sky.
"Front yard" means a yard extending across the full width of the lot and lying between the front lot line and a line parallel thereto, and having a distance between them equal to the required front yard depth as prescribed in each zone. Front yards shall be measured by a line at right angles to the front lot line, or by the radial line in the case of a curved front lot line. When a lot lies partially within a planned street indicated on a specific plan for such a street, and where such planned street is of the type that will afford legal access to such lot, the depth of the front yard shall be measured from the contiguous edge of such planned street in the manner prescribed in this definition.
"Rear yard" means a yard extending across the full width of the lot, the depth of which yard shall be the minimum required distance as prescribed in each zone as measured from the rear lot line toward the front lot line.
"Side yard" means a yard extending the depth of the lot and lying between the side property line and the front and rear yards, containing a width prescribed in each zone. In the case of corner lots, the street side yard shall extend to the rear lot line.
means a zoning district as defined in the planning and zoning law of the state and shown on the official zoning map of the city.
means the official zoning map of the city, which is a part of this title and which is referred to in Section 9.02.030.
means the Cathedral City zoning ordinance codified in this title, of which this section is a part.
(Ord. 80 Art. 111(B), 1984; Ord. 140 § 2, 1986; Ord. 145 §§ 2, 3, 1986; Ord. 187 §§ 4—7, 1987; Ord. 227 § 1, 1988; Ord. 241 §§ 1, 2, 1989; Ord. 244 § 1, 1989; Ord. 247 § 1, 1989; Ord. 256 § 1, 1989; Ord. 262 § 1, 1989; Ord. 263 § 3, 1989; Ord. 266 § 2, 1989; Ord. 294 § 2, 1990; Ord. 304 § 2, 1990; Ord. 324 §§ 2, 3, 1991; Ord. 327 § 2, 1991; Ord. 386 § 3, 1993; Ord. 470 §§ 5, 10, 14, 1998; Ord. 482 § 2, 1998; Ord. 489 § 1, 1998; Ord. 495 § 2, 1998; Ord. 502 § 1, 1999; Ord. 529 § 3, 2000; Ord. 530 § 3, 2000; Ord. 537 § 1, 2000; Ord. 554 §, 2001; Ord. 561 § 1, 2002; Ord. 565 § 3, 2002; Ord. 607 § 1, 2005; Ord. 666 § 1, 2008; Ord. 685 § 1, 2009; Ord. 697 § 1, 2010; Ord. 699 § 4, 2011; Ord. 774 § 2, 2016; Ord. 777 § 2, 2016; Ord. 789 § 2, 2017; Ord. 801 § 1, 2017; Ord. 862 § 2, 2022)
§ 9.09.010 Public hearing and public notice.
A.
Public Hearing Required. The following procedures govern the notice and public hearing, where required pursuant to this title. The designated approving authority shall hold a public hearing to consider all applications for a conditional use permit, variance, design review, planned unit development, specific plan, zoning code and/or map amendment, pre-zoning, development agreement, and General Plan amendment considered by the commission or council.
1.
Notice affecting an ordinance or zoning ordinance amendment. If a proposed ordinance or amendment to a zoning ordinance affects the permitted uses of real property, notice of the hearing shall be given pursuant to this chapter, except that the notice shall be published, posted, mailed, and delivered, as applicable, at least twenty days before the planning commission hearing, and at least ten days before the city council hearing.
B.
Notice of Hearing. Pursuant to California Government Code Sections 65090 to 65094, not less than ten days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below. The notice shall state the date, time, and place of hearing, identify the hearing body, and provide a general description of the matter to be considered and the real property which is the subject of the hearing.
1.
Mailed Noice. At least ten days prior to the date of the public hearing, the director, or the city clerk for hearings before planning commission and/or city council, shall provide notice by first class mail delivery to:
a.
The applicant, the real property owner or real property owner's duly authorized agent, and any occupant of the subject property; and
b.
All real property owners of record within a minimum five-hundred-foot radius of the subject property as shown on the latest Riverside County tax assessor's assessment roll or a larger radius if deemed necessary by the director in order to provide adequate public notification. For project sites of ten acres or greater in size, the radius shall be increased to seven hundred fifty feet; and
c.
All business owners of non-residential property and occupants and residents of non-owner occupied real property located within the city and within the required five hundred foot or seven hundred fifty foot radius of the subject property; and
d.
Any person or group who has filed a written request for notice regarding the specific application; and
e.
Each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.
f.
As provided for in Government Code Section 65093, the failure of any person or entity to receive notice given pursuant to this chapter shall not constitute grounds for any court to invalidate the actions of a local agency for which the notice was given.
2.
Published Notice. Notice of public hearing shall be published in at least one newspaper of general circulation in the city.
3.
Posting of Notices. At least ten days before the date of the public hearing, or twenty days pursuant to subsection (A)(1) above, the director or the city clerk, for hearings before the planning commission and/or city council, shall publish a notice in at least three places.
C.
In addition to the notice required by this section, the city may give notice of the hearing in any other manner it deems necessary or desirable.
D.
Receipt of Notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this title shall not constitute grounds for any court to invalidate the actions of a designated approving authority for which the notice was given.
§ 9.09.020 Community engagement.
A.
Purpose. The purpose of the community engagement meeting is for an applicant of a proposed project to hold a meeting with surrounding and adjacent neighboring residents, property owners, and businesses prior to submitting an application to the city. The intent is to present project information and engage in a public outreach meeting early in the development review process of new projects so that the community would have an early opportunity to become familiar with the proposed project and identify any associated project issues or concerns. The community engagement meeting is intended to assist in producing applications that are responsive to neighborhood concerns, and to reduce the likelihood of delays and appeals. The city expects an applicant to take into consideration the reasonable concerns and recommendations of the neighbors and other interested persons when preparing an application.
B.
Applicability. Community engagement meetings are required for any for any project that is five acres, or greater, and requires discretionary approval, including, but not limited to, any request for a discretionary approval of a conditional use permit, tentative map, planned unit development, specific plan, general plan amendment, change of zone, development agreement, variance, or combination thereof. At the discretion of the director, the director may require community engagement meetings for any project less than five acres due to extraordinary or exceptional factors.
C.
Time frames to hold a community engagement meeting:
1.
An applicant shall conduct a community engagement meeting not more than thirty days prior to, and not later than twenty days after, the date the project application is submitted to the city.
2.
The applicant shall not be required to hold more than one community engagement meeting. However, if the director determines that there are substantive and significant changes between the project presented at the community meeting and when the project is determined to be accepted by the city, the director may require the applicant to conduct an additional neighborhood review meeting to solicit additional feedback prior to the scheduling of any required public hearings.
D.
City Participation. The community engagement meeting is intended to be a developer-community interaction, and the developer is solely and exclusively responsible for holding the meeting required in this section. City staff are not required to attend and/or participate in the community meetings, and the meeting shall not be considered a public hearing. There will be other official opportunities for residents and neighbors to make comments during the development review process that would follow the neighborhood review meeting. Any city staff attendance at a neighborhood review meeting is for informational purposes only, does not represent the city's position on the merits of the development proposal and does not constitute an approval or denial of an application, now or submitted in the future.
E.
Procedures.
1.
The applicant shall select the meeting time and place. The starting time selected shall be limited to a weekday evening after 6:00 p.m. or a weekend at any reasonable time and shall not occur on a federally recognized holiday. The meeting shall be held at a location open to the public and in compliance with the Americans with Disabilities Act. The public meeting shall be held within the city of Cathedral City and as close to the subject property as practical to minimize the distance that attendees need to travel to participate, unless an alternate meeting location is approved by the director.
2.
The applicant shall send by regular first class mail a written notice announcing the community engagement meeting to the director and those parties that would receive notice within a five hundred foot or seven hundred fifty foot radius of the project site, as specified in Section 9.09.010(B)(1) of this chapter. The director at his/her discretion may request the applicant to increase the mailing area size for the written notification if he/she believes that the nature of the project will result in the need for more public awareness.
3.
The notice shall include the date, time and location of the meeting and briefly discuss the nature and location of the proposal. The notice shall be mailed not less than twenty days prior to the meeting date. The mailing list shall be obtained from the director by the applicant.
4.
A sign at the building entrance and the notices sent by mail shall each contain the following statement: The intent of this meeting is to facilitate an early informal discussion between the project developer and the neighbors regarding the project. While required by the City of Cathedral City this meeting is not conducted by the City of Cathedral City and is in addition to any future hearings or public comment opportunities available under the City's development review processes.
5.
At the community engagement meeting, the applicant shall describe the proposed application to persons in attendance. The attendees may identify any issues that they believe should be addressed in the application and recommend that those issues be submitted for city consideration and analysis.
6.
The applicant shall prepare and make available the following materials for review and discussion at the public meeting:
a.
Type, location, conceptual building elevations and total number of dwelling units for residential expected to be built; and
b.
Type, location, and conceptual building elevations for non-residential projects; and
c.
Conceptual site plan/plat layout showing buildings, road layout, parking, landscaping, topography and open space areas, and adjacent properties; and
d.
Aerial photograph showing the subject property and adjacent properties.
e.
At the community engagement meeting, a sign-in-in sheet shall be distributed to all meeting attendees that specifies the date, time, and location of the community engagement meeting and asks for the name, address, phone number, an electronic mail address of each meeting attendee, and whether the attendee wishes to receive notice of any future meetings or public hearings related to the project.
f.
At the community engagement meeting, the applicant shall take notes of the discussion on the proposed application for eventual submittal to the city.
F.
Community Engagement Summary Report.
1.
The applicant shall submit a community engagement summary report summarizing the outcome of the community meeting required by this section and submit the community engagement report to the city prior to the first public hearing or other public meeting for the project held by the city. The summary report will be included as an exhibit as a part of the agenda report that is published prior to the public hearing, and shall include the following:
a.
Dates, times, and locations of all meetings that attendees that received notice to attend to discuss the project, as specified in Section 9.09.020(E)(2) of this chapter.
b.
A copy of the mailed notice.
c.
The names and affiliation of those that attended the meeting that represented the applicant.
d.
The names and department of staff that attended the meeting.
e.
A sign-in sheet listing the names of the attendees that participated in the process, including their name, address, phone number, electronic mail address, and identifying whether the attendee requested notice of any future meeting or hearing.
f.
An affidavit of the mailed notices.
g.
Copies of written materials and plans presented at the community engagement meeting.
h.
A copy of any written comments received during the meeting and a written summary of issues or concerns raised by attendees during the community engagement meeting.
2.
If the applicant did not receive any responses to the meeting notice and no one attended the community engagement meeting or persons in attendance made no comments, the applicant shall submit evidence as indicated above, with the notes reflecting the absence of comment, attendance, or both.
G.
Consideration of the Community Engagement Summary Report. The city shall consider as part of the development review process the concerns and issues raised by the neighbors and applicant at the community engagement meeting, including any agreed-upon solutions or resolutions to outstanding issues or areas of contention. The city, however, shall not be bound in its decision-making by any agreements or understandings made between the neighbors and applicants. Nothing in this section shall be construed to delegate development review decision-making authority to participants in the community engagement meeting.