Cathedral City City Zoning Code
Division III
General Provisions
§ 9.58.010 General provisions.
A.
In all districts, except those specifically exempted and noted, in connection with any use whatsoever, there shall be provided, at the time any building or structure is erected, or is enlarged or increased in use intensity, off-street vehicular and bicycle parking spaces in accordance with this chapter.
B.
Parking spaces provided to meet the requirements of this chapter shall not be reduced in size or number, modified or eliminated without the express prior approval of the planning commission, upon its determination that changed conditions or uses justify such reduction, modification or elimination of parking spaces or area.
C.
A parking space shall be an area for the parking of a motor vehicle plus those additional areas required to provide for safe ingress and egress to and from said space. The area set aside to meet these provisions must be usable and shall have permanent access for off-street parking.
D.
All motor vehicles incapable of movement under their own power and/or not licensed to operate on California highways, other than in cases of emergency, shall be deemed detrimental to the public welfare and shall be stored in either an entirely enclosed building, or in the rear yard of commercial or industrial zoned property that is entirely enclosed by a view-obscuring fence or wall. After due notice of noncompliance, said vehicles shall be required to be removed from the premises.
E.
Any use of property which, on the effective date of the ordinance codified in this title, is nonconforming only as to off-street parking facilities may be continued in the same manner, except as follows: when remodeling and/or additions to the structures equal twenty percent or more of the value and/or area of existing buildings there shall be screening and landscaping of all existing and new parking areas as required by the parking area development standards.
F.
When units or measurements determining number of required off-street parking and off-street loading spaces result in a requirement of a fractional space, any factor less than one-half shall be disregarded, and fractions one-half or larger shall require one off-street parking or off-street loading space.
(Ord. 80 Art. V (A)(1), 1984; Ord. 145 § 5, 1986; Ord. 862 § 2, 2022)
§ 9.58.020 Number of parking spaces required.
The number of off-street parking spaces shall be no less than as specified in the following schedule. For the purpose of this section, "floor area" shall mean gross floor area.
Use | Parking Spaces Required |
|---|---|
A. Commercial (Retail, Office and Service). | |
1. For buildings with less than 8,000 sq. ft. | One space for each 250 sq. ft. of floor area. |
2. Shopping centers and single occupancy buildings with 8,000 sq. ft. or more. | Same as above for the first 8,000 sq. ft. (32 spaces) plus 1 space for each 300 sq. ft. thereafter. |
3. Restaurants, bars, ice cream parlors and other similar uses serving (either indoors or outdoors) prepared foods or beverages where: | |
a. Within a shopping center: | |
i. The floor area is less than 4000 sq. ft. | One space for each 250 sq. ft. of floor area. |
ii. The floor area is 4000 sq. ft. or greater | 16 spaces plus one for each 150 sq. ft. of floor area above 4000 sq. ft. |
b. Not in a shopping center: | |
i. The floor area is less than 4000 sq. ft. | One space for each 150 sq. ft. of floor area. |
ii. The floor area is 4000 sq. ft. or greater. | 20 spaces plus one for each 150 sq. ft. of floor area above 4000 sq. ft. |
4. Furniture, vehicles, and machinery and other large item product sales and service | One space for each 500 sq. ft. of floor display and service area, plus as required for other uses in the building. |
5. Open air sales, such as plant nurseries, patio furniture, vehicle sales. | One space for each 1000 sq. ft. of lot area devoted to sales and display. |
6. Automobile services. | |
a. Service bay | One spaces for each 300 sq. ft. of service bay floor area. |
B. Industrial. | |
1. Manufacturing and wholesale distribution. | One space for each 500 sq. ft. of floor area. |
2. Warehousing and mini-storage where the building(s) are designed and provisions are made to guarantee the use of the building for such purpose, by duly recorded covenant running with the land and improvements, and filed in the office of the county recorder. Office and manufacturing space in the building may be excluded from the recording document provided parking as required by that use is provided. | One space for each 1000 sq. ft. |
3. Outdoor use. | One space for each 2500 sq. ft. of ground area designed for outdoor use. |
C. Assembly and Recreation. | |
1. Churches, mortuaries, theaters, dance halls, skating rinks, and similar buildings designed for assembly. | One space for every 5 persons, based on total occupancy permitted by the Uniform Building Code. |
2. Bowling alley. | Three spaces for each alley, plus as required for other uses in the building. |
3. Golf courses, tennis clubs, racquetball, and other similar uses. | Three spaces for each hole or court, plus as required for other uses on the site. |
D. Visitors. | |
1. Hotel. | One and two-tenths space for each lodging unit, or fraction thereof; plus one space for every 100 sq. ft. of dining or assembly area. |
2. Motel. | One space for each temporary living unit, plus one space for each 20 temporary living units or fraction thereof. |
3. Boarding, rooming or lodging house. | Two spaces per facility; plus one space for each room. |
4. Timeshare. | One space per lodging unit plus one space for every 20 units, or fraction thereof; plus one additional space for every 100 square feet of assembly and dining area. |
5. Condo hotel. | One space for each room; plus one additional space for each lock-off room; plus one additional space for every 100 square feet of assembly and dining area. |
6. Bed and breakfast. | Two spaces per facility plus one space for each room made available to rent for overnight lodging. |
E. Institutions. | |
1. Hospitals. | One space for each patient bed. |
2. Medical and dental clinics. | One space for each 150 sq. ft. of floor area. |
3. Convalescent care and other similar uses. | One space for each 3 patient beds. |
4. Day-care, child care and other similar non-living arrangement. | One for each 500 sq. ft. of building floor area. |
5. Elementary and intermediate schools, public and private. | Ten spaces, plus one space for each classroom. |
6. High schools, colleges, trade schools and similar institutions. | One space for each ten students, plus one space for each classroom. |
F. Residential. | |
For those zones where parking is not listed: | |
1. Single-family. | Two per dwelling unit, both to be in an enclosed garage. |
2. Multiple-family. | |
0—1 bedroom | One per dwelling unit to be covered in a garage. |
2 or more bedrooms | 1.5 per dwelling unit, at least one to be covered or in a garage. |
G. Cannabis. | |
1. Dispensary and Lounge | One space for each 250 sq. ft. of floor area. |
2. Cultivation | One space for each 1,000 sq. ft. of floor area. |
3. Manufacturing | One space for each 500 sq. ft. of floor area. |
4. Distribution | One space for each 1,000 sq. ft. of floor area. |
5. Testing Laboratories | One space for each 250 sq. ft. of floor area. |
6. Office and ancillary space | One space for each 250 sq. ft. of floor area. |
7. New construction, building additions or additional floor area within the building such as second floors and mezzanines | One space for each 500 sq. ft. of floor area or the parking required for the proposed use, whichever is higher (resulting in more parking spaces). |
(Ord. 80 Art. V (A)(2), 1984; Ord. 266 § 3, 1989; Ord. 666 § 3, 2008; Ord. 862 § 2, 2022)
§ 9.58.030 Exemption of parking districts from requirements.
All commercial uses shall be exempt from the parking space requirements of this chapter if they are located within a legally constituted parking district established under the laws of the state, except that all private parking facilities shall conform to all other requirements contained herein, and except that all parking facilities established in said parking district shall conform to all other requirements contained herein.
(Ord. 80 Art. V (A)(3), 1984; Ord. 862 § 2, 2022)
§ 9.58.040 Uses not specified.
In the case of any building, structure, or premises, the use of which is not specifically mentioned herein, the planning commission may by resolution of record after hearing all pertinent information, set forth the required number of parking spaces for such use which interpretation shall thereafter govern such use.
(Ord. 80 Art. V (A)(4), 1984; Ord. 862 § 2, 2022)
§ 9.58.050 Location of parking facilities.
The off-street parking facilities required for the uses mentioned in Section 9.58.020 and for other similar uses, shall be on the same lot or parcel of land as the structure they are intended to serve. The planning commission may approve a substitute location upon a lot other than the same lot or parcel of the use when such planning commission determines that it would be proper in its judgment and so long as said substitute location meets all other requirements of this chapter and the following conditions:
A.
That part of the substitute location is within three hundred feet of the principal use for which the parking is being provided. It may be separated by alley, minor or collector street; and
B.
That the substitute lot is in the same person's possession who has possession of the parcel it is intended to serve. Such possession may be by deed or long term lease or otherwise, the terms of which shall meet the approval of the city attorney and be recorded in the office of the county recorder. A copy of an appropriate recorded document covenanting the reservation of the property for the required parking purposes shall be filed with the city and approved by the city attorney prior to issuance of a building permit.
(Ord. 80 Art. V (A)(5), 1984; Ord. 862 § 2, 2022)
§ 9.58.060 Combined parking areas.
A.
Common Parking. The required off-street parking and loading facilities required by this division may be provided collectively for two or more buildings or uses in different ownership in any commercial or industrial zone, provided that the total number of parking spaces shall not be less than the sum of the requirements for each of the individual uses. If designed as a comprehensive development meeting the minimum requirements for a shopping center, a reduction in parking as provided for in shopping centers is permitted. Establishment and maintenance of common parking areas shall be provided in one of the following manners:
B.
Joint Use Parking. The planning commission may, upon application by the owner or lessee of any property, authorize the joint use of parking facilities. Joint use parking shall be permitted for up to fifty percent of the parking facilities required by this chapter if one of the uses is considered to be primarily a daytime use and another use is considered to be primarily a nighttime use, or if one use is considered primarily weekend and the other primarily weekday, provided that such a reciprocal parking arrangement shall be approved through a conditional use permit and be subject to the following conditions and findings:
1.
The building or use requesting to utilize the existing off-street parking facilities provided by another building or use shall be located within three hundred feet of such parking facility, the three hundred feet to be measured from the farthest outside point of the on-site parking to the closest inside point of the joint use parking.
2.
The joint use parking is not separated from the use by a street greater than sixty-six feet in width or planned to be greater than sixty-six feet in width.
3.
The joint use parking is easily and safely accessible to pedestrians to the site by walkways, sidewalks or other acceptable means.
4.
The joint use parking is related visually to both sites either from the public street or through the use of directional signage.
5.
Motorists will be encouraged to use the joint use parking and will find it more convenient than on-street parking or trespassing on other private parking areas.
6.
There is no substantial conflict in the principal operating hours of the building or uses for which the joint use of off-street parking facilities is proposed.
7.
All parties involved in the joint use of off-street parking facilities shall provide evidence of agreement for such joint use by a proper legal instrument approved by the city attorney as to form and content. The agreement shall include assurances that there shall be no change in use which would destroy the differential in primary use times, without adequate provisions for additional parking in the event of such change in use. Such instrument, when approved as conforming to the provisions of this title, shall be recorded in the office of the county recorder.
(Ord. 80 Art. V (A)(6), 1984; Ord. 266 § 6, 1989; Ord. 862 § 2, 2022)
§ 9.58.070 Mixed uses.
In the event that two or more uses occupy the same building, lot or parcel of land, the total requirements for off-street parking and off-street loading shall be the sum of the requirements of the uses computed separately.
(Ord. 80 Art. V (A)(7), 1984; Ord. 862 § 2, 2022)
§ 9.58.080 Development standards for all off-street parking areas.
All off-street parking facilities shall conform with the following standards:
A.
The minimum off-street parking dimensions shall be as follows:
Angle of Parking (in degrees) | Stall Width (W) (in feet) | Stall Depth (D) (in feet) | Aisle Width (A) (in feet) |
|---|---|---|---|
0 | 10.0 | 24.0 | 12.0 (one-way) |
30 | 9.0 | 17.5 | 12.0 (one-way) |
45 | 9.0 | 20.0 | 12.0 (one-way) |
60 | 9.0 | 21.0 | 15.0 (one-way) |
90 | 9.0 | 19.0 | 24.0 (two-way) |
90 | 10.0 | 19.0 | 23.0 (two-way) |
90 | 10.6 | 19.0 | 21.0 (two-way) |
1.
Individual determinations shall be made for angles other than those described, but in no case shall such modifications include less than the above prescribed stall width, depth and aisle width.
2.
Minimum width for two way aisles is nineteen feet zero inches when angle parking is provided.
3.
Width of driveway openings shall conform to city standards.
B.
Handicapped parking spaces shall be provided on the basis of total parking provided on-site as follows:
No. of Spaces | No. of Handicapped Spaces |
|---|---|
1-25 | 1 |
26-50 | 2 |
51-75 | 3 |
76-100 | 4 |
101-150 | 5 |
151-200 | 6 |
201-300 | 7 |
301-400 | 8 |
401-500 | 9 |
501-1,000 | 2% of total |
1,001 and over | 20 plus 1 for each 100 over 1,000 |
Handicapped spaces shall be fourteen feet wide and lined to provide a nine-foot vehicle space and a five-foot occupant loading and unloading area. One in every eight handicapped spaces required, but not less than one, shall have an eight-foot occupant loading and unloading area, and be designated "Van Accessible." Spaces shall be grouped and located near major building entrances. Ramps shall be provided where necessary for access.
(Ord. 80 Art. V (A)(8)(a), 1984; Ord. 371 § 3, 1992; Ord. 862 § 2, 2022)
§ 9.58.090 Access and circulation.
Sufficient aisle space for turning and maneuvering vehicles shall be provided. Each required parking space shall have unobstructed access from an aisle or alley without moving another vehicle. All parking spaces for non-residential uses and multifamily residential developments with five or more units shall have provisions for forward travel to and from parking facilities when access is directly onto a dedicated street.
(Ord. 80 Art. V (A)(8)(b), 1984; Ord. 164 § 3, 1987; Ord. 862 § 2, 2022)
§ 9.58.100 Screening and landscaping.
A.
No less than five percent of the interior of a parking area containing four or more parking spaces shall be landscaped. In addition, a planter of a depth approved by the planning commission shall be located at the property lines adjoining street frontages of the site, except for necessary drives and walks. A planter three feet in depth shall also be located along all interior property lines bordering the parking area. Interior landscaping shall be distributed throughout the parking area as required in the process of design review under Chapter 9.78. Planting along the perimeter of a parking lot will not be considered as counting towards the interior landscaping requirements.
B.
Adequate landscaping shall conform to the following minimum standards:
1.
Interior planting: one fifteen-gallon broad leaf or conifer tree for each fifteen parking spaces.
2.
Street side planting shall be coordinated with required street trees, but in no event shall the number of trees be less than one for every thirty-five feet of street frontage.
3.
Trees, shrubs, ground covers, et cetera, shall be watered and permanently maintained. All dead vegetation shall be removed and replaced. All planting areas shall be irrigated by an approved permanent watering system. Where landscaping is required for off-street parking areas, or in other vehicular parking areas, concrete curbing and/or bumper blocks shall be required to regulate vehicular traffic and to protect plant materials from vehicles. Such curbing height shall be at least six inches. Curbing of six inches or more shall be required where a public planter slopes toward a sidewalk and said curbing is needed to retain water. Overflow devices which drain under sidewalks may be required to assure that water does not overflow planters. In no event shall the finished grade of the irrigated planter be less than three inches below a public sidewalk and/or curb. Where curbing is not required, protection of pavement edge shall be made by approved methods.
4.
Screening. Proper screening by fences, hedges or walls shall be installed as required in the process of design review. Parking areas that adjoin residential zoned property shall be screened by minimum six-foot fences or walls provided in connection with each residential zone.
(Ord. 80 Art. V (A)(8)(c), 1984; Ord. 862 § 2, 2022)
§ 9.58.120 Compliance with city standards.
All parking areas shall be improved per city standard specifications:
A.
Concrete approaches shall be provided for ingress and egress. All driveways for parking facilities shall be paved.
B.
Minimum six-inch concrete wheelstops or curbs shall be installed to serve as protection of planting areas (less than five feet in width), buildings, sidewalks, walls and fences, and against encroachment into public or adjoining property or as otherwise determined by design review to reasonably be required.
C.
Every use that has shopping carts shall provide outside cart racks, approved as to number, design and location, either in the process of design review or by adopted city standards.
(Ord. 80 Art. V (A)(8)(e), 1984; Ord. 862 § 2, 2022)
§ 9.58.130 Required off-street loading spaces.
A.
Off-street loading space shall be provided and maintained on the same lot with every building or separate occupancy as follows:
1. Hotels and restaurants | 1 |
2. Commercial and industrial buildings | |
Under 20,000 sq. ft. gross floor area | 1 |
Under 40,000 sq. ft. gross floor area | 2 |
Under 80 000 sq. ft. gross floor area | 3 |
Under 120,000 sq. ft. gross floor area | 4 |
Under 160,000 sq. ft. gross floor area | 5 |
Over 160,000 sq. ft. gross floor area | 6 |
3. Office buildings, hospitals and institutions | |
Under 30,000 sq. ft. gross floor area | 1 |
Under 80,000 sq. ft. gross floor area | 2 |
Over 80,000 sq. ft. gross floor area | 3 |
B.
Size of Loading Space. Each required off-street loading space shall be not less than ten feet in width and fifteen feet in height. Each space shall be designed and located so that vehicles need not extend onto public sidewalks or streets in the course of loading or unloading goods, and each such space shall be a minimum of twenty-five feet in length.
(Ord. 80 Art. V (A)(8)(f), 1984; Ord. 862 § 2, 2022)
§ 9.60.010 Intent and purpose.
The intent and purpose of the specific plan is to accomplish any or all of the following:
A.
Provide a method for and to encourage the orderly implementation of the general plan and any applicable regulations by the comprehensive planning and development of large areas of land under unified ownership or developmental control so that the entire area will be developed in accord with an adopted master plan and to provide an environment of stable and desirable character.
B.
Provide a flexible regulatory procedure to encourage creative and imaginative planning involving a mixture of uses, as permitted by zoning with open space and community facilities, both public and private.
C.
Provide a framework for the phased development of an approved planned area to provide assurance to the developer that later development will be acceptable to the city.
D.
Provide a method to resolve unique land use problems not resolvable through zoning or other regulatory instruments.
E.
Provide a method to ensure the availability of public facilities and the establishment of future rights-of-way for streets, street expansion, and public utility and drainage easements.
(Ord. 80 Art. V(B)(1), 1984; Ord. 203 § 3, 1988; Ord. 862 § 2, 2022)
§ 9.60.020 Initiation.
Specific plans may be initiated in the following manner:
A.
The planning commission may, or if so directed by the city council shall, initiate specific plans for the systematic execution of the general plan to implement public policies and resolve land use problems.
B.
Any property owner(s), or a designated representative of the property owner(s), may request through application submitted to the city planner initiation of a specific plan for a designated area. If the city planner finds that the specific plan is desirable, the applicant shall submit a written or graphic description of the property, a statement of the desired land use and objectives of the specific plan, any necessary information or plans and a fee in the amount adopted by city council resolution. Upon acceptance by the city planner, the planning commission shall prepare and recommend to the city council the specific plan document.
(Ord. 80 Art. V(B)(2), 1984; Ord. 203 § 3, 1988; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)
§ 9.60.030 Types of specific plans.
As contained herein, the city recognizes two types of specific plans. One is to provide guidance and the other establishes regulations. The two types are further defined as follows:
A.
Guidance. When a specific plan is intended to provide clarification and specific information with regard to the policies and concepts expressed within the general plan, but not to provide the regulations necessary for implementation, such specific plan may be adopted by resolution of the city council. A specific plan resolution may include all of the details, concepts and programs deemed necessary to ensure common understanding and implementation of the general plan as applicable to the area and the issues covered by the specific plan. A specific plan adopted by resolution shall not include regulations and requirements for implementation of the general plan.
B.
Regulatory. When a specific plan is designed to be the regulations by which the general plan is implemented, it shall be adopted by the city council by ordinance. Such plan may either supplement or supersede all land use and public facility regulations applicable to the subject property.
(Ord. 80 Art. V(B)(3), 1984; Ord. 203 § 3, 1988; Ord. 862 § 2, 2022)
§ 9.60.040 Preparation.
The planning commission shall prepare the specific plan based upon the information needed to meet the intent of the specific plan. The specific plan shall contain a development plan and a development plan text that either includes the following information or a statement on why such information is not pertinent to meeting the intent of the specific plan:
A.
Land use map showing the distribution, location and extent of the uses of land including open space within the area covered by the plan, together with written regulations establishing height, bulk and setback limits for such buildings and facilities, including proposed lots if the plan contains subdivision of land.
B.
The location and intensity of major components of public and private transportation system, including existing or proposed streets within the property needed for servicing the project.
C.
The location and intensity of major components for water supply, sewage disposal, storm water drainage, disposal of solid waste, energy supply, and other essential facilities needed to support the land uses described in the plan.
D.
A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry the intent of the specific plan.
E.
Preliminary grading plan indicating areas to be graded and the estimated amount of earth to be moved.
F.
Standards and criteria by which development will proceed for the conservation, development, and utilization of natural resources, including underground and surface waters, vegetation, soils, wildlife resources and unique or sensitive land forms.
G.
A scenic preservation plan delineating scenic natural features and view areas and how they are to be retained.
H.
A phasing plan indicating in what sequence or by what criteria various areas of the project will be constructed and when the public facilities servicing these areas will be constructed.
I.
Explanations and description of the information contained on the plans and text required above. In addition, the text shall contain all detailed regulations, conditions, programs and proposed legislation which may be necessary for the systematic implementation of the specific plan.
J.
A statement of the relationship of the specific plan to the general plan.
K.
Such other measures as may be necessary or convenient to ensure the execution of the general plan.
(Ord. 80 Art. V(B)(4), 1984; Ord. 203 § 3, 1988; Ord. 862 § 2, 2022)
§ 9.60.050 Use regulations.
A.
Allowable uses in each specific plan shall be as established by the development plan text. The development plan text may incorporate uses by reference to specific zone provisions, or, in the case of specific plans adopted by ordinance, may establish specific use lists with definitions pertaining thereto.
B.
Existing uses within the specific plan area at the time of its establishment shall be deemed allowable and incorporated in the specific plan, unless terminated, discontinued, or changed pursuant to a specific time schedule incorporated in the development plan text.
C.
Unless otherwise provided by the development plan text, accessory uses shall be subject to the same use regulation provisions as the principal use or facility.
D.
Residentially oriented planned developments may include limited commercial uses within residential zones to accommodate the residents of the project or as compatible ancillary uses.
(Ord. 80 Art. V(B)(5), 1984; Ord. 203 § 3, 1988; Ord. 862 § 2, 2022)
§ 9.60.060 Site planning.
A.
Specific plan areas and all uses therein shall be designed and developed in a manner compatible with and complementary to existing and potential development in the general vicinity of the plan area. Site planning on the perimeter shall provide for the mutual protection of the plan area and surrounding property from potential adverse influences.
B.
Development criteria shall be as established by the zoning of the property. However, by specific plan ordinance such criteria can be modified if it is determined that the overall planning is superior to development adhering to the zone.
C.
The maximum number of dwelling units within a site within a specific plan may differ and exceed the density factor of the general plan provided the total number of units does not exceed that permitted by the general plan within the total specific plan area.
D.
All public streets within the specific plan area shall be dedicated and improved to city specifications for that particular classification of street. Private streets within the development shall be permanently reserved and maintained for their intended purpose by means acceptable to and enforceable by the city. Other forms of access, such as pedestrian ways, courts, bike trails, or open parking lots may not be offered for dedication as a means of meeting requirements for open space or park dedication requirements.
E.
All development within a specific plan shall relate harmoniously to the topography of the site, shall make suitable provision for the preservation of water courses, drainage areas, wooded areas, rough terrain, and similar natural features, and shall otherwise be so designed insofar as possible, to use and retain significant natural features and amenities.
F.
The proposed means for assuring continuing existence, maintenance and operation of the various common elements and facilities within a specific plan shall be included in the development plan text.
G.
Additional site development regulations and performance standards applicable to individual uses or to designated portions of a specific plan may be established by the development plan and/or development plan text.
(Ord. 80 Art. V(B)(6), 1984; Ord. 203 § 3, 1988; Ord. 862 § 2, 2022)
§ 9.60.070 Environmental review.
If an environmental impact report (EIR) is determined to be necessary, the information required for a specific plan may be incorporated by reference in the EIR. Upon certification of the EIR no further EIR or negative declaration pursuant to the State Public Resource Code (commencing with Section 21000) need be filed for any project which is undertaken pursuant to and in conformity with the adopted specific plan for which the EIR has been certified. However, an amendment to the specific plan will require an environmental assessment, which may necessitate a supplemental EIR. Such supplemental EIR shall be processed along with the amended specific plan as provided above.
(Ord. 80 Art. V(B)(7), 1984; Ord. 203 § 3, 1988; Ord. 862 § 2, 2022)
§ 9.60.080 Approval process.
A specific plan shall be processed in the manner of a zone code amendment as follows:
A.
Planning Commission Action. The planning commission shall hold a public hearing to review all pertinent information as required for a change of zone. Upon satisfaction that the proposed specific plan contains sufficient information, findings, and direction to effectively carry out the intent of the general plan and other pertinent city policies and regulations, the planning commission shall prepare the final specific plan for city council adoption.
B.
City Council Action. Upon receipt of the specific plan from the planning commission, the city council shall hold a public hearing for adoption of either a resolution or ordinance as prescribed in Section 9.60.030.
C.
Administration. Upon adoption, the city planner shall affix to the zoning map the notation "SP" after the zone designation of the area for which the specific plan is in effect. All future zoning or subdivision applications shall meet the requirements of the specific plan and, where appropriate, the standards set forth in this title.
D.
Amendments. Minor amendments to the specific plan may be approved by the city planner, provided such minor amendment does not add dwelling units or more than five percent to nonresidential structure area, alter points of access into the specific plan area, modify traffic movement on arterial, secondary or collector street systems, reduce open areas by more than five percent, shift residential densities between planning areas within the specific plan, or change development standards beyond what would be permitted by the zoning on the property. The city planner shall explain in writing to the planning commission within ninety days of any and all such amendments. The written notice shall become part of the file record. Amendments not meeting the provisions for minor amendments contained herein or those denied by the city planner shall be processed as originally adopted.
(Ord. 80 Art. V(B)(8), 1984; Ord. 203 § 3, 1988; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)
§ 9.62.010 Purpose and intent.
A.
This chapter is intended to implement the goals and policies of the general plan of the city of Cathedral City by preserving and enhancing the visual aspects of the city and to promote the orderly and attractive construction, placement, and display of signs throughout the city of Cathedral City. Other interests served include the promotion of tourism and commerce and the overall quality of life as affected by signs. These general provisions serve as specific development standards to be applied in addition to any provisions within each base or overlay zoning district.
B.
This chapter is further intended to comply with state and federal laws requiring the posting of signs and notices, and to create standards that will promote the health, safety, and general welfare of the city by regulating the design, material, construction, illumination, location and maintenance of all signs and sign structures.
C.
This chapter is also intended to provide for a more orderly presentation of advertisements and identification of properties within the city, to provide directional and destination information to serve the public convenience, reduce traffic and safety hazards, and to further bring those devices in harmony with the building, the neighborhood, and other signs in the area.
D.
The city further intends, by this sign chapter, to balance the needs for signs as means of expression with the need to protect the visual environment from signage that adversely affects the character of the neighborhood and its property values. Any adverse effect on property values results in loss of tax revenue to the detriment of the public as a whole. The value to any particular sign owner must be weighed against the interests of other property owners in the neighborhood, both with respect to values, the use and enjoyment of the property, and the contentment and happiness of the owner.
E.
In adopting this chapter, the city recognizes that sign blight is the functional equivalent of a public nuisance adversely affecting the aesthetics, vitality, value and enjoyment of property and creating a hazard to vehicular and pedestrian traffic. The elimination of sign blight promotes aesthetics which tends to attract tourists, settlers, and industries to the city; in turn, providing a favorable environment for private industries, in particular the tourist industry, thereby resulting in an economic advantage.
F.
Signs required or contemplated by county, state or federal law; signs erected by the city engineer on public property or in the public right-of-way to instruct or direct traffic; and signs owned or permitted by a governmental agency over which the city does not have jurisdiction are exempted from the regulations in this chapter.
G.
All signs are further subject to all relevant Declarations of Conditions, Covenants, and Restrictions (commonly referred to as CCRs) in conjunction with other rules, regulations and policies adopted by the landowner upon which a sign, or proposed sign is to be, sited.
H.
The number and area of signs as outlined in this chapter are intended to be maximum standards.
I.
It is unlawful for any person to erect, construct, enlarge, alter, repair, improve, convert, demolish, equip, use, maintain, or relocate, any sign within the city, including painted signs, or to cause or allow the same to be done, contrary to or in violation of any of the provisions of this chapter and without first obtaining a written sign permit from the planning department, unless otherwise excepted by this chapter.
(Ord. 672 § 2, 2009; Ord. 681 § 1, 2009; Ord. 862 § 2, 2022)
§ 9.62.015 General provisions and basic policies.
The provisions and policies stated in this section apply to all signs within the regulatory scope of this chapter, and override any provisions to the contrary contained elsewhere in this chapter.
A.
Message Neutrality. It is the city's policy to regulate signs in a constitutional manner, which is content-neutral as to noncommercial signs and viewpoint-neutral as to commercial signs.
B.
Regulatory Interpretations. All regulatory interpretations of this chapter are to be exercised in light of the city's message-neutrality policy. Whenever any sign permit or other authorization is subject to a discretionary review, such review shall not consider the message content of the sign, other than whether any proposed commercial messages thereon are off-site or on-site. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this chapter, or whenever a sign does not qualify as a "structure" as defined in the building code, then the city planner shall approve, conditionally approve or disapprove the application based on the most similar sign type that is expressly regulated by this chapter.
C.
Substitution of Messages. Subject to the landowner's consent, a noncommercial message of any type may be substituted for any duly permitted or allowed commercial message or any duly permitted or allowed noncommercial message, provided that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this chapter. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel or land use, nor does it affect the requirement that a sign structure or mounting device be properly permitted. This provision does not allow for the substitution of an offsite commercial message in place of an onsite commercial message.
D.
Rules for Noncommunicative Aspects of Signs. All rules and regulations concerning the noncommunicative aspects of signs, such as location, size, height, illumination, spacing, orientation, etc., stand enforceable independently of any permit or approval process.
E.
Multiple Use Zones. In any zone where multiple uses are allowed, the signage rights and responsibilities applicable to any particular use shall be determined as follows: The particular use shall be treated as if it were located in a zone where that particular use would be allowed, either as a matter of right or subject to a conditional use permit or similar discretionary process.
F.
Owner's Consent. No sign may be displayed on real or tangible personal property without the consent of the legal owner of the property on which the sign is mounted or displayed. For purposes of this policy, "owner" means the holder of the legal title to the property and all parties and persons holding a present right to possession, control or use of the property.
G.
Safety Codes. In addition to the requirements of this chapter, all signs displayed in the city must comply with all applicable safety codes, such as building, plumbing, electrical, mechanical, grading, fire, etc.
H.
Other Law. All signs displayed in the city must comply with the requirements of this chapter and the requirements of all other applicable law.
I.
Permit Requirement. It is unlawful to display any sign within the limits of the city without a sign permit, unless the particular sign is expressly exempted from the permit requirement by a provision of this chapter, state or federal law.
J.
Severance. If any section, sentence, clause, phrase, word, portion or provision of this chapter is held invalid or unconstitutional or unenforceable by any court of competent jurisdiction, such holding shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this chapter which can be given effect without the invalid portion. In adopting this chapter, the city council affirmatively declares that it would have approved and adopted the chapter even without any portion which may be held invalid or unenforceable.
(Ord. 672 § 2, 2009; Ord. 862 § 2, 2022)
§ 9.62.020 Sign definitions.
means any sign or display which has been abandoned for a period of ninety days or more, or which pertains to a time, use, event, purpose or business which no longer exists.
means the elimination and removal of any sign in violation of this chapter.
refers to any message, communication or expression identifying a business or development, announcing the availability of a product, merchandise or service, making claims as to the value or quality of any product, merchandise or service or otherwise attracting attention to or promoting (either directly or indirectly) any product, merchandise or service.
means a temporary sign with two faces that are hinged together to create an 'A' or triangle shaped device. A-frames are usually portable and are also referred to as "sandwich boards."
as pertaining to this chapter, means the gradual extinction of nonconforming signs.
means a nonstructural covering attached to a building or supported by freestanding posts for the purposes of giving shade to pedestrians or windows and door openings. Awnings are generally made of canvas or other cloth material.
means a sign that is printed on, painted on, or attached to an awning, canopy or marquee.
means a sign composed of light weight material either enclosed or not enclosed in a rigid frame. Any cloth, bunting, plastic, paper, or similar material attached to or pinned on or extending out from any structure, staff, pole, line, framing or vehicle, including captive balloons and inflatable signs.
means advertising structures and signs used for outdoor advertising purposes, not including on-site advertising structures and signs as defined in this chapter.
for purposes of this chapter, includes any structure requiring a building permit.
means the horizontal distance of the general outer surface of the single front building elevation in which the primary entrance to the business is located. If more than one business is located in any single building, then such length shall be limited to that portion which is occupied by each individual business. In computing allowable area of a wall sign for a structure, the building face or frontage shall not include appurtenant, accessory or secondary structures, and shall not include structures that are not enclosed such as carports or breezeways.
means a roof-like structure extending from part or all of a building face and constructed as a permanent part of the building, either attached or freestanding, that is capable of allowing vehicles to freely pass under.
means a sign designed to allow the changing of lettering, messages or other information through manual, mechanical, or electrical means including time and temperature. Changeable copy signs may have multiple messages that are individually displayed at common intervals, such as a traditional movie theatre marquee sign or billboard.
means the supervisor of the planning department staff or designee.
refers to a tenant in a structure that contains more than one business adjoined by a common wall or roofline on the same site. For the purposes of this chapter, a co-tenant also refers to a tenant of a commercial landlord that leases or otherwise makes space available within a primary business for a secondary or ancillary business or service requiring additional or separate signage.
means an outdoor advertising display using light emitting diodes (L.E.D.) or similar technology to display static images controlled by electronic communications.
means signs limited to directional messages, principally for pedestrian or vehicular traffic, such as "one-way," "entrance," or "exit."
means a sign listing the tenants or occupants and their suite numbers in a building, center, subdivision or planned unit development.
means a single structure designed with the intent of providing copy on both sides. "Downtown area" means the MXC zoned portion of the downtown commercial (DTC) area as designated in the general plan.
means the top of a parapet wall or the lowest point of a pitched roof, including mansard style roofs. Where a parapet wall is combined with a mansard roof, the eave line shall be the top of the parapet.
means the outer surface of any main exterior wall or foundation of a building, including windows and storefronts.
means a sign supported by one or more uprights, braces, poles or similar components placed upon or into the ground and detached from any building.
means a sign within a specified distance of the freeway (Interstate 10).
means the length of the horizontal distance of a site parallel and adjacent to a street or other public thoroughfare, but not including such length along an alley or railroad.
unless otherwise indicated, means the greatest vertical distance from the existing planned grade of the top of the curb or street frontage to the highest element of a sign. For sloped elevations, the height shall be measured from the midpoint of the sign and shall be applicable to the whole sign.
means a sign that identifies the name, nature, logo, trademark, symbol or insignia, address, or any combination of the name, symbol and address of a building, business, project, development or establishment.
means a sign with an artificial source of light for the purpose of illuminating the sign.
means a coordinated plan for signage for an individual building or group of buildings approved pursuant to the provisions of this chapter. The master sign program will identify the placement and size of all signs, as well as the materials and method of illumination to provide consistency among signs and compatibility with the architecture of the building(s).
means a low-profile independent structure supported on grade at the bottom of the sign with the appearance of having a solid base set in a landscaped area and incorporates the materials and architectural theme of the building(s) on the same property. Unless a different height limit is stated, a monument sign shall not exceed seven feet in height.
means a building containing more than one individual business within a shopping, professional or industrial complex.
means any sign containing neon or other inert gaseous chemical that provides a visible discharge or that glows.
refers to property not improved with or zoned for a single- or multiple-family residence.
means a sign or sign structure of any kind or character which advertises products, merchandise, activity or service not available on or at the premises upon which the sign is located. Bus benches with advertising are not included within this definition. For purposes of this chapter, the on-site/off-site distinction applies only to commercial messages; all signs with noncommercial messages shall be deemed to be on site, regardless of location.
means any commercial sign which advertises products, merchandise, activity or service available on or at the premises upon which the sign is located. For purposes of this chapter, the on-site/off-site distinction applies only to commercial messages; all signs with noncommercial messages shall be deemed to be on site, regardless of location.
means any individual, firm, partnership, corporation or other entity.
means a form of freestanding sign that is supported by a single post that is less than one-half the overall sign width; excluding directional signs, billboards and freeway-oriented signs.
means a sign that is not permanently affixed to a structure or the ground.
means a sign face that is elevated by one or two structural supports that is architecturally integrated with the design of the primary structure on the property excluding pole signs, directional signs, billboards and freeway-oriented signs.
refers to property improved with or zoned for single- or multiple-family residence(s).
means the upper edge of any building wall or parapet exclusive of any sign tower for any flat roof structure, or a line halfway between the eave line and the ridge line of the roof, exclusive of any sign tower, of any gable-roof structure.
means a sign erected, constructed, or placed upon or over the eave or roof of any building or, in the case of a flat roof structure, one that extends over or above the roof line, or any sign affixed to the wall or a building so that it projects above the eave line of a roof; and which sign is wholly or partially supported by the building; but not including a sign on a mansard roof, portico or canopy if said mansard roof, portico or canopy is architecturally integrated with the building.
means a group of at least five businesses, within a building or buildings, on a minimum five acre site which functions as an integral unit where common vehicular access to the street and common on-site parking facilities are provided.
means a triangular-shaped portion of land established at street intersections or at the intersection of a street and driveway in which no permanent structures are placed and where no vegetation or other obstructions are allowed between thirty inches above grade and fifteen feet above grade to preserve the sight distance of motorists entering or leaving the intersection. For the purposes of this chapter, the sight triangle is defined as twenty-five feet from the property line parallel to the street and intersecting street or driveway.
in addition to its common meaning, means any mark or painted character on any object, structure, device, figure, statuary, painting, display message, placard, or other contrivance, or any part thereof, visible from outside of a structure. The word "sign" also includes any graphic announcement, declaration, demonstration, display, illustration, or insignia when the same is placed in view of the general public. For purposes of this chapter, at all times that a sign is being held by an individual, it shall be exempt from this chapter.
means the entire copy face of the sign. The following methods will be used to compute the area of sign copy:
The area of a sign is to be computed by multiplying the total height by the total length of all sign faces, including framework on the sign face but excluding the base. Computation of the sign area shall enclose the extreme limits of writing, representation, emblem, or any figure of similar character, together with any material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed. The sign area shall include a colored or textured background that is different than the fascia on which it is placed. It shall also include the perimeter trim on the sign face of a cabinet sign. If the sign is composed solely of individual channel-type letters mounted on a surface, the area shall be measured by outlining the extreme limits of writing and enclosed by no more than eight lines.
In the case of a sign designed with more than one exterior surface, the area shall be computed as including only the maximum single display surface that is visible from any ground position at one time. The area of a freestanding sign which has three or more faces shall be computed by adding the areas of each face of the sign.
The area of a freestanding sign that is an object or statuary shall be computed by the appropriate mathematical equation for determining the total surface of an object.
The supports, uprights, or structure on which any such sign is supported shall not be included in determining the sign area unless such supports, uprights, or structures are designed in such a manner as to form an integral background of the display.
means the surface or that portion of a sign that is visible from a single point as a flat surface or a plane and considered as such together with the frame and the background.
means a sign used solely for the purpose of advertising an event occurring on a specific date, or otherwise advertising a commercial use, which sign is displayed for ninety cumulative days or less within any twelve-month period.
means a changeable message billboard with vertical louvers for graphic applications.
means a sign which is attached to, painted on, placed upon or suspended from a vehicle or trailer, either operable or inoperable, which is subject to state licensing before it can legally operate on public roads and highways. This shall not include bumper stickers or the permanent finish on the body of the vehicle.
means a sign attached to, painted on or erected on the exterior wall of the building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign with the exposed face of the sign in a plane approximately parallel to the plane of the exterior wall of the building and not extending above the eave line.
means a sign that is applied, affixed or attached to a window or located in such a manner that it can be seen from the exterior of the structure.
To the extent that any term of legal or other professional art appearing in this chapter has not been defined in this section or elsewhere in this code, that term shall be understood to have the meaning and construction customarily applicable in such profession as of the time of the adoption of this chapter. Unless otherwise defined herein, or unless a term of legal or professional art, all terms shall be construed according to their plain English signification.
The rule of the common law, that statutes in derogation thereof are to be strictly construed, shall have no application to this chapter, which shall be liberally construed to accomplish its ends, saving where the Constitution or laws of the United States or the state of California shall require otherwise.
(Ord. 672 § 2, 2009; Ord. 770 § 2, 2015; Ord. 862 § 2, 2022)
§ 9.62.030 Procedures.
A.
Permit Required. Unless otherwise excepted by this chapter, it is unlawful for any person to erect, construct, enlarge, alter, repair, improve, convert, demolish, relocate, equip, use or maintain any sign within the city, including painted signs, or to cause or allow the same to be done, without first obtaining a written sign permit from the city planner.
B.
Business License. All businesses requesting a sign permit pursuant to this chapter, including, but not limited to, sign companies installing signage within the city limits shall have a valid Cathedral City business license.
C.
Application for Sign Permit. Application for a sign permit shall be made on a form provided by the planning department and shall be accompanied by a fee as established by city council resolution. The applicant shall submit four sets of dimensioned plans to scale. At least one of the four sets shall include elevations and sign faces in color. The sign permit application shall include the following information:
1.
The location and size of all existing and proposed buildings or structures on the property (including linear feet of frontage facing each public right-of-way and parking lot);
2.
The location of off-street parking facilities including major points of entry and exit for motor vehicles where directional signs may be proposed;
3.
The design, size, colors, materials and lighting proposed, and the proposed location of the sign or sign structure on the property (color and material samples shall be submitted);
4.
The method of attachment of the sign to any structure, the footing details for freestanding signs and the electrical details for illuminated signs;
5.
Location of any easements and utilities encumbering the property on which the sign(s) will be placed;
6.
A written statement, diagrams or pictures identifying sizes and dimensions of all other signs existing on the property, under the control of the applicant;
7.
A written statement, diagrams or pictures identifying the size, square footage of sign and method of calculation, and color relationships of such sign or sign structure to the appearance and design of existing or proposed buildings and structures on the property;
8.
A statement by the applicant as to whether the sign will display on-site or off-site commercial messages and/or noncommercial messages; and
9.
Such other information as the planning department may reasonably require to demonstrate full compliance with this chapter and all other applicable laws.
D.
Issuance of Sign Permit. The completed sign permit application and appropriate fee shall be submitted to the planning department and processed as follows:
1.
The planning department shall review the application and supporting information for the sign permit. Should the application not be complete, or should the application fail to comply with the provisions of this chapter, the city planner or designee shall notify the applicant in writing of how the application is incomplete, or how it does not comply with this chapter.
2.
All sign permit applications shall be reviewed by the planning department. The city planner or designee shall approve any application subject to the following criteria:
E.
Application for Master Sign Program. A master sign program is intended to integrate project signs into the architectural design of the site, thereby creating an architectural statement of high quality. A master sign program provides a flexible means of applying and modifying the sign regulations in this chapter to ensure high quality in the design and display of multiple permanent signs for a project or use and to encourage creativity and excellence in the design of signs. It is expected that the design quality of signs proposed under a master sign program will be of a superior quality and creativity to those that might result through the normal sign permit process. A master sign program shall include provisions for temporary signs in accordance with this chapter where temporary signs are desired by a project applicant.
1.
Applicability. A master sign program shall be required whenever any of the following circumstances exist:
a.
More than one separate nonresidential tenant space is created on the same parcel;
b.
Six or more permanent non-exempt signs are proposed for a single use;
c.
The project has special characteristics requiring a master sign program. Such characteristics include the need for master on-site or off-site directional or identification signage, changeable copy not otherwise mandated by law, the size of proposed signs, limited site visibility, a business within a business, the location of the site relative to major transportation routes, etc.;
d.
Unique, creatively designed signs are being proposed; or
e.
On-site pedestrian-oriented portable "A-frame" signs are proposed.
2.
Approval Authority. A proposed master sign program shall be approved or denied by the planning commission based upon the regulations and requirements as specified in this chapter. If a master sign program is required and/or requested, the application for same shall be submitted concurrently with an application for design review or conditional use permit.
3.
Modification of Regulations. A master sign program may allow for less restrictive sign regulations so long as those regulations are approved by the planning commission and supported by findings. The planning commission may allow modifications relating to sign area, number of signs, height, and location. However, a master sign program shall not include signs that are otherwise prohibited by this chapter.
4.
Application Requirements. A proposed master sign program shall include all information and materials required by subsection C, the filing fee in compliance with city council fee resolution, and shall be supplemented by any additional information that may be requested by the planning commission. The planning department shall review the application and supporting information for the proposed master sign program. Should the application not be complete, or should the application fail to comply with the provisions of this chapter, the city planner or designee shall notify the applicant in writing of how the application is incomplete, or how it does not comply with this chapter. If the application is complete, the application shall be submitted to the planning commission for hearing at the next planning commission meeting for which notice and agenda requirements can be satisfied.
5.
Findings. In order for a proposed master sign program to be approved, the planning commission shall first make the following findings:
a.
The proposed signs do not constitute a detriment to public health, safety and welfare;
b.
The proposed signs are in compliance with all applicable city codes, including, but not limited to, electrical codes;
c.
The master sign program complies with the purpose and intent of this chapter, including all requirements and other special provisions as specified in this chapter;
d.
The proposed master sign program is in harmony with and enhances the overall development and surrounding structures;
e.
The master sign program complies with the standards of this chapter, except that flexibility is allowed in the planning commission's interpretation of appropriate sign area, number, location, and/or height to the extent that the master sign program will enhance the overall development, achieve superior quality design, and will more fully accomplish the purposes of this chapter;
f.
If changeable sign copy is proposed, the following additional findings are required:
i.
The proposed changeable copy is essential for advising the public as to continually changing events or programs that are the primary focus of and traditionally integral to the type of use,
ii.
The number of changeable copy signs shall be limited to the allowable number of monument signs as defined by this chapter,
iii.
The sign displays on-site advertising,
iv.
The height and area is within the maximum sign area limits established in this chapter,
v.
Of the total allowable sign area, up to a maximum of seventy-five percent of the area will be dedicated to the changeable copy format,
vi.
The sign is designed as an integral portion of the businesses monument, marquee or wall sign, and
vii.
The sign height and mass shall be of an appropriate scale and relationship to the buildings on site and adjacent to the street;
g.
If on-site "A-frame" signs are proposed, they will be limited to a maximum of one sign per business, pedestrian-oriented, located on private property, professionally designed and constructed, not placed within public right-of-way, and will be located within ten feet of the main pedestrian entrance to the business.
6.
Revisions to Master Sign Programs. Revisions to master sign programs may be approved by the city planner or designee so long as the revision is consistent with the requirements of this chapter and the appropriate findings can be made. Revisions that would substantially deviate from the original approval shall require the approval by the planning commission of a new master sign program.
(Ord. 672 § 2, 2009; Ord. 862 § 2, 2022)
§ 9.62.040 Exempt signs.
The following signs shall be exempt from a permit application:
A.
Signs within a structure not visible from the outside of a building;
B.
A maximum of one flag, not exceeding fifteen square feet, per residential lot; provided, however, that all flag poles shall be subject to the requirements set out at Section 9.80.030 and no flags shall be permitted on a vacant lot;
C.
A maximum of three flags that display noncommercial or on-site commercial messages, not exceeding sixty square feet each, on nonresidential lots; provided, however, that no flags shall be permitted on a vacant lot;
D.
Wall signs provided that all of the following conditions exist:
1.
The signs number no more than two per lot or, in the case of lots with multiple units, two per unit,
2.
No such sign shall project beyond the property line, extend into the public right-of-way, or be within the sight triangle,
3.
The area of said signs shall not exceed one square foot per sign if located on residential lots containing four units or less, and
4.
The area of said signs shall not exceed two square feet per sign if located on a nonresidential lot, or on a residential lot containing five or more units;
E.
Temporary signs in compliance with this chapter; provided, however, that all requirements for a temporary sign program set out in Section 9.62.060 shall have been satisfied;
F.
On-site for-sale or for-rent signs, during the period that the subject property is offered to the general public for sale or for lease, subject to the following provisions:
1.
Said signs shall be limited to one per street frontage, with a maximum per lot of two,
2.
Said signs shall not exceed seven feet in height,
3.
On a residential lot, each such sign shall not exceed four square feet of sign area,
4.
On a nonresidential lot, each such sign shall not exceed thirty-two square feet per sign area,
5.
Said signs shall be located outside the public right-of-way and shall not be located within the sight triangle, and
6.
Up to five related off-site open-house signs shall be permitted during any period that the subject property is open for public inspection; provided that the property owner or agent is present at the site during the period of time that the sign is in place; and provided further that such signs are placed and removed within an eight-hour period;
G.
Window signs in commercial and industrial zones, subject to the following provisions:
1.
Window signs shall be posted on the inside of a window but not between four feet above exterior grade and seven feet above exterior grade, which area is to remain clear of signage,
2.
Cumulatively, said signs shall cover less than twenty percent of the area of a window located on the ground floor of the building,
3.
Cumulatively, said signs shall cover less than ten percent of the area of a window located on the second story of a building frontage,
4.
The only illumination permitted is neon signage,
5.
Signs inside the building but within three feet of a storefront window shall be counted as a window sign, and
6.
Temporary signs displayed in the window shall be included when calculating the area of the window that may be covered with a window sign; however, said sign area shall not be counted toward the aggregate of the otherwise allowable sign area.
(Ord. 672 § 2, 2009; Ord. 862 § 2, 2022)
§ 9.62.050 Prohibited signs.
Any sign not specifically authorized by this chapter shall be prohibited. Additionally, the following signs are expressly prohibited in the city:
A.
Abandoned signs;
B.
Signs which are unsafe or a danger to the public;
C.
Signs which rotate, move, flash, reflect, blink, or appear to do any of the foregoing, either self- or human-powered, regardless of the location of the sign; except, however, approved changeable copy signs, or those otherwise mandated by law, are exempted from said prohibition;
D.
Signs on public property except as otherwise provided in this chapter;
E.
Signs on public or private property that project over or into the public right-of-way, unless otherwise authorized by this chapter;
F.
Off-site signs except as otherwise provided in this chapter;
G.
Billboard signs except as expressly approved by the city council;
H.
A-frame signs except as otherwise provided in this chapter;
I.
Vehicle signs;
J.
Roof signs;
K.
Pole signs;
L.
Signs with exposed raceways, ballast boxes, transformers, crossovers or conduits, unless otherwise approved pursuant to a master sign program;
M.
Any sign that encumbers ingress to or egress from a door, window or fire escape and any sign placement or method of attachment that could serve to hinder, delay, or render inaccessible or inoperable emergency equipment, including, but not limited to, fire hydrants, fire escapes, fire alarms and stand pipes;
N.
Signage placed within a sight triangle of any intersection or driveway, or so as to unreasonably interfere with traffic visibility including placement, maintenance, or display upon, or in view of, any street or highway, any unofficial sign, signal, or device, or any sign, signal, or device which purports to be or is an imitation of, or resembles, an official traffic control device or which attempts to direct the movement of traffic or which obstructs the view of any official traffic control device;
O.
Illuminated signs located fewer than fifty feet from a single-family residential zone;
P.
Any sign(s) not included in the scope of a sign permit that is bolted, tagged or tacked onto another permitted sign;
Q.
Any sign located on the third or higher story of a building shall be prohibited except for those approved pursuant to a master sign program; and
R.
Signs displaying obscene matter, as defined by Miller v. California (1973) 413 U.S. 15, 18-19, or otherwise prohibited by law.
(Ord. 672 § 2, 2009; Ord. 862 § 2, 2022)
§ 9.62.060 Temporary sign provisions.
A.
Except as otherwise provided in this chapter, no temporary sign displaying a commercial message shall be allowed unless the applicant shall have first filed a temporary sign program; paid the requisite filing fee as provided by resolution of the city council; and the city planner or designee has approved the proposed temporary sign program. The proposed temporary sign program shall include a statement of compliance with this chapter and certify the person responsible for removing the sign and, in the event the sign is not timely removed consistent with the provisions of this chapter, the person responsible for reimbursing the city for any cost incurred to remove and dispose of the sign. A proposed temporary sign program shall be approved by the city planner or designee immediately upon submission if the requisite fee has been paid and the proposal demonstrates that each proposed sign meets all the conditions applicable to a temporary sign as set out in this chapter.
B.
A temporary sign displaying a noncommercial message shall not require prior approval of the city planner and may be displayed consistent with the temporary sign program immediately upon the filing of same with the planning department. However, if it shall subsequently be determined that the actual sign displayed is inconsistent with the temporary sign program on file, or that the temporary sign program on file does not demonstrate that each proposed sign meets all the conditions applicable to a temporary sign as set out in this chapter, then the temporary sign may be removed by city staff after notice to the responsible person as provided in this chapter. No fee is required for the filing of the proposed temporary sign program for a noncommercial sign.
C.
No temporary sign shall be placed or erected on any property within the city without the consent of the owner or tenant of such property.
D.
Temporary signs in a commercial or industrial zone with a commercial message shall be allowed only where permanent signs are allowed.
E.
Temporary signs shall not be illuminated.
F.
No temporary sign shall be placed, attached or erected on public property, or in the street right-of-way, including, but not limited to, utility poles, sign poles, trees, fences, walls and public buildings, except as otherwise expressly provided in this chapter.
G.
No temporary sign shall be placed so as to pose a visibility hazard to pedestrian or motor vehicle traffic, and no sign shall be located within a sight triangle.
H.
The temporary signage shall be limited to a maximum of sixteen square feet per sign, a maximum height of five feet, with a cumulative maximum area of eighty square feet, per lot, and no illumination is allowed; except, however, that on nonresidential lots improved with a multi-unit structure, the maximum sign face area per sign shall be increased to thirty-two square feet. In addition, on nonresidential lots improved with a multi-unit structure, each unit shall be allowed one additional temporary sign, mounted on the wall, below the eave line and above the doors and windows, subject to the following:
I.
Temporary signs placed in violation of this chapter may be removed at the direction of the code compliance chief or designee, subject to the following notice requirements:
1.
If a temporary sign is found in the public right-of-way or on public property and constitutes a threat to public safety, it may be removed immediately. Additionally, a temporary sign remaining on public property or within the public right-of-way more than ten days after the event that is identified on the sign face may be removed immediately. Said signs may thereafter be destroyed if the owner has been given at least fifteen days' notice but has not claimed the sign, or if the responsible party cannot be identified and/or located. If said sign is identified in a temporary sign program on file with the city or has an identification label attached, said notice shall be directed to the responsible person identified therein.
2.
Any other temporary sign deemed to be in violation of this chapter, but which does not pose an immediate threat to the public safety, shall be removed after the owner or responsible party, if same can be identified and/or located, has been given at least twenty-four hours' notice but has not removed the sign. If not claimed by the owner within seven days of removal, said sign may then be destroyed. If said sign is identified in a temporary sign program on file with the city or has an identification label attached whereby the responsible person can be readily contacted, the following provisions shall apply:
a.
The twenty-four-hours' notice to remove the sign shall be directed to the responsible person identified in the temporary sign program or on the identification label; and
b.
If within four hours of a request by city staff to the responsible person that a sign be removed, the responsible person causes the sign to be removed, said sign shall not be deemed a violation of this chapter and no further enforcement action shall be taken, subject to the following:
J.
Any temporary sign used solely for the purpose of advertising or promoting an event occurring on a specific date, including, but not limited to, an election, shall not be maintained for a period in excess of ten days after the happening of the event; except, however, a sign used only on the day of the event shall be removed immediately upon the conclusion of the event.
K.
All signage shall be maintained in good repair and condition.
L.
One on-site portable sign may be allowed provided the sign meets all of the following requirements:
1.
An approved temporary sign program is on file in the planning department;
2.
If an aerial or ground-mounted inflatable device, the portable sign shall not exceed a height of twenty feet; any other type of portable sign shall not exceed four feet in height and twelve square feet in area;
3.
Portable signs shall not be set within, or extend into, the public right-of-way or line of sight triangle;
4.
Portable signs shall be secured to the ground to assure stability under all weather conditions; weighting the base with sand bags or similar objects does not meet this condition;
5.
Portable signs shall be removed during non-business hours;
6.
Portable signs shall not be illuminated;
7.
Vehicular-oriented portable signs shall be spaced at least seventy-five feet from the nearest portable or temporary sign; pedestrian-oriented portable signs shall be placed within ten feet of the primary pedestrian entrance to a business, not to exceed one such sign per pedestrian entry per street frontage;
8.
All portable signs and portable sign structures shall be professionally fabricated; and
9.
Portable signs shall only be allowed on nonresidential lots; provided, however, that portable signs shall not be allowed on any vacant lot.
(Ord. 672 § 2, 2009; Ord. 776 § 16, 2016; Ord. 862 § 2, 2022)
§ 9.62.070 Special sign provisions.
A.
Billboard Signs.
1.
Billboards Prohibited. No person shall erect or maintain a billboard within the city.
2.
Nonconforming Billboards. A legal nonconforming billboard may continue to be operated and maintained in accordance with Chapter 9.66 of this code. For the purposes of this paragraph and paragraph A of Section 9.66.030, converting a legal nonconforming billboard with static copy to a billboard with digital or changeable copy is deemed an increase in intensity of the nonconforming use and shall not be permitted.
3.
Billboards on Tribal Land. Billboards on Tribal land shall conform to Ordinance No. 13, as amended, of the Agua Caliente Band of Cahuilla Indians, entitled "Tribal Ordinance Controlling Outdoor Advertising Displays."
4.
Cannabis Advertising.
a.
No person shall allow cannabis or cannabis products to be advertised on any billboard within one thousand feet of:
i.
A day care center, which for the purposes of this section means a child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school-age child care centers;
ii.
A public or private school providing instruction in any grade from kindergarten to twelfth grade;
iii.
A park;
iv.
A youth center, which for the purposes of this section means any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities; or
v.
The city's public library.
b.
No person shall allow cannabis or cannabis products to be advertised on any billboard that depicts any of the following:
B.
Downtown Area Signs.
1.
Purpose. This section shall pertain to the downtown area. Where a particular standard is not addressed, other sections of this chapter shall apply.
2.
Design. Signs shall be architecturally compatible with a building's architectural style in regard to size, color, materials and illumination. Overall proportions of the structure on which the sign is located shall guide the design of signs:
a.
Signs shall be located on parapets, towers, turrets, recessed wall areas and/or other building architectural features specifically designed for a sign;
b.
Freestanding business identification signs in the Pickfair Core portion of the MXC district shall be pedestrian oriented in nature (size and location) and shall not attempt to gain the attention from vehicles traveling on surrounding streets; and
c.
All buildings containing two or more tenant spaces shall submit a master sign program for review and approval to the planning department.
3.
Sign Materials and Lighting. Except as may be allowed pursuant to a master sign program, basic channel letters (individual internally illuminated plastic or metal letters) and can signs (internally illuminated plastic panels within a sheet metal box enclosure) are not permitted. The other following criteria shall apply:
a.
Signboards made of solid wood or metal with painted or engraved letters, or mounted letters of wood or metal are permitted;
b.
Silhouette, or figurative signs with symbols and/or ornamental figures made of wood, metal or neon are permitted;
c.
Exterior-mounted custom neon signs mounted on walls or on a signboard or metal support frame or enclosure, or interior mounted behind clerestory windows are permitted;
d.
Internally illuminated signs with lighting inside and/or behind the sign (halo-lit) are permitted; and,
e.
Lighting fixtures that illuminate the top or bottom of signs with single or multiple spotlights shall be screened in a manner to minimize light and glare unless said lighting fixtures are an integral part of the architecture of the building to which they are attached.
4.
Signs Specifications. The following specifications shall apply:
a.
Wall signs, flush mounted or painted are allowed;
b.
Awning and canopy signs, pursuant to the regulations contained herein are allowed; except that plastic awnings or illuminated "balloon" awnings are not allowed;
c.
All building mounted signs shall not exceed one square foot per one linear foot of tenant, street or parking lot frontage, and shall not exceed one hundred square feet in total area; and
d.
Banners in the MXC zone shall be maintained in the same condition as originally approved and installed.
C.
Specific Plan No. 99-53 Area Signs.
1.
Signs within the area of Specific Plan No. 99-53, except as may otherwise be approved pursuant to any other provision of this chapter, shall meet all of the following requirements:
a.
Freestanding or monument signs are allowed, each of which shall not exceed fifty square feet in area and seven feet in height; provided, however, each such sign shall be separated by at least a distance of seventy-five feet and shall not be located within the sight triangle or public right-of-way; and said signs may be illuminated;
b.
The total area of signage for attached wall signs for each side of a structure facing public right-of-way or parking lot shall not exceed one square foot per linear foot of frontage to a maximum of one hundred square feet when the building is less than one hundred feet from the public right-of-way; provided, however, the total area shall not exceed one and one-half square feet per linear foot of frontage, to a maximum of one hundred fifty square feet, if the structure is set back at least one hundred feet from the public right-of-way; and provided the signs are attached to the building fascia and do not exceed two-thirds of the height of the fascia;
c.
Directional signs shall be limited to either monument signs, not exceeding three feet in area and four feet in height, or attached wall signs not exceeding six square feet in area; provided, however, that said directional signs shall not be within the sight triangle or the public right-of-way, and shall not be illuminated;
d.
Monument signs shall match the design of the main freestanding sign;
e.
Directional signage shall be architecturally consistent with other signage as a part of the master sign program; and
f.
All signage shall be designed in a manner that integrates it with the project design and architecture through the use of common elements pertaining to scale, style, material, color, lettering, illumination, construction and location.
2.
Identification signs within public or private easements adjacent to the specific plan area at the intersection corners of Auto Park Drive and Perez Road at East Palm Canyon Drive, and the intersection corners of Kyle Road at Perez Road, shall be allowed provided the following criteria are met:
a.
Changeable copy or other non-related advertising copy is prohibited;
b.
Said signs shall not encroach within any street right-of-way;
c.
Said signs shall not exceed a graphic area of fifty square feet nor a height of twenty feet as measured from the top of the nearest street curb;
d.
Each sign shall be internally illuminated; and
e.
The design of the sign shall incorporate the materials, color, and architectural theme of the specific plan area.
3.
Additional monument signs identifying only the name or logo of a manufacturer, consistent with the terms of any applicable master association agreement, shall be allowed provided the following criteria is met:
a.
Location of signs to be limited to East Palm Canyon Drive and Perez Road;
b.
Maximum number of signs not to exceed an average spacing of eighty feet although signs may be clustered in groups closer than eighty feet;
c.
The design concept shall incorporate uniform color/graphic styles, materials, illumination, sign enclosure, and support structures;
d.
The maximum sign height shall be five feet;
e.
The maximum sign area shall be ten square feet;
f.
If signs are lighted, lighting shall be limited to internal illumination;
g.
Signs shall be situated in a manner to assure adequate sight distance from street intersections and drives; and
h.
Changeable copy or other non-related advertising copy is prohibited.
4.
Temporary signs shall be allowed so long as the criteria below are met:
a.
Any sign that becomes faded, torn, broken, loose, ragged, etc., shall be removed immediately;
b.
When permitted, signs within street rights-of-way shall be limited to banners and other flexible material;
c.
A temporary advertising device permitted under this section shall be removed if the city planner or designee finds that the sign constitutes a traffic hazard or a nuisance to adjacent or surrounding properties or the public at large, or is detrimental to the public convenience or welfare;
d.
Provided all other criteria are met, temporary signs that encroach into public right-of-way may be permitted with review of the city traffic engineer, approval of the city council and issuance of an encroachment permit; and
e.
No changeable copy shall be incorporated in the temporary sign.
5.
Excluding signs allowed pursuant to subsections (C)(2), (3) and (4) of this section, one on-site, electronic, changeable copy sign per lot, of either a monument or wall type, is allowed so long as the sign meets all of the following criteria:
a.
The height and area of such signs shall be regulated by the maximum sign area limits established in this chapter;
b.
Of the total allowable sign area, up to a maximum of seventy-five percent of the area may be dedicated to the changeable copy format;
c.
The sign shall be designed as an integral portion of the business's monument, marquee or wall sign and be compatible with the design and character of the development and the surrounding area;
d.
Sign height and mass shall be of an appropriate scale and relationship to the buildings on site and adjacent to the street, and shall not be a detriment to public safety; and
e.
Signs allowed pursuant to subsections (C)(2), (3) and (4) of this section shall not include changeable copy.
D.
On-Site Commercial Signs in Residential Zones.
1.
One monument style identification sign per street or parking lot frontage, up to a maximum of two, are allowed to advertise nonresidential uses existing in a residential zone pursuant to a conditional use permit, or pursuant to preexisting, ancient, or immemorial usage, or other lawful authority; provided, however, that such preexisting, ancient or immemorial usage was extant prior to the adoption of this chapter and, at the time such usage began, was lawful;
2.
Said signs may be illuminated with exterior lighting directed at the sign and away from any neighboring residence;
3.
Said signs shall not exceed a maximum sign area of thirty-two square feet and a maximum height of seven feet; and
4.
The sign shall not be located within sight triangles or a public right-of-way.
E.
Residential Project Identification Signs.
1.
One architectural feature wall or monument type identification sign per major entrance to a planned unit development or other residential development of more than five units shall be allowed; provided, however, that there is a homeowners' association responsible for the maintenance of the sign;
2.
Said signs shall have a maximum sign area of sixteen square feet per sign face;
3.
Said signs shall have a maximum height of four feet;
4.
Said signs shall not be within the sight triangle or within the public right-of-way;
5.
Said signs may be backlit, halo lit, or lit by spotlight set in the landscaping; and
6.
Architectural feature wall signs shall be set in landscaping.
F.
Drive-Thru Facility Signs.
1.
Business uses that incorporate a drive-thru facility shall be allowed two additional signs located within five feet of the drive-thru lane;
2.
Said signs shall have a maximum sign area of thirty-two square feet and a maximum height of seven feet each, including any bolt-on or tack-on signs;
3.
Said signs shall not be located so as to be a hazard for driveway or corner radius and shall be set back at least five feet from the public right-of-way, and shall not be in within the sight triangle;
4.
Illumination is allowed; and
5.
Said signs shall be located in a landscaped planter area equal to three times the size of the sign face.
(Ord. 672 § 2, 2009; Ord. 770 § 2, 2015; Ord. 841 § 1, 2020; Ord. 860 § 1, 2022; Ord. 862 § 2, 2022)
§ 9.62.080 Permitted signs.
The following signs are allowed with an approved sign permit or, if indicated, a master sign program.
A.
Directory Signs. All nonresidential uses shall be entitled to one wall, monument or kiosk sign per major entry or parking lot frontage with a maximum sign area of twenty square feet and a maximum height of seven feet.
1.
The sign shall not be within the sight triangle or public right-of-way;
2.
Illumination is allowed;
3.
If a wall sign is used, it shall be pedestrian and not vehicular oriented with maximum height lettering of six inches; and
4.
If a monument or kiosk is used for the directory sign, it shall be placed in landscaping or in sidewalk areas.
B.
Identification Signs. Nonresidential uses shall be allowed identification signs as follows:
1.
As to each building or unit not located within a shopping center, one wall or awning sign per side of structure frontage facing public right-of-way or parking is allowed, subject to the following:
a.
On the ground floor, the maximum sign area shall be as follows: One square foot per linear foot of tenant space or building not exceeding one hundred square feet for the primary frontage, fifty square feet for the secondary frontage and twenty-four square feet on each additional frontage, not to exceed a cumulative sign area of two hundred square feet for all frontages;
b.
Second floor wall signs shall be allowed for a tenant space where there is an exterior entrance to the second floor, not to exceed fifty percent of the sign area authorized for businesses on the ground floor of the building;
c.
Said signage shall be centered over the frontage of the corresponding unit and shall not exceed seventy percent of the total linear width thereof;
d.
An awning sign shall have a vertical clearance of eight feet from the sidewalk and a wall sign shall be placed below the eave line;
e.
Illumination shall be soft, back lit provided the sign does not face residential or local streets; no security type lighting shall be allowed;
f.
No sign shall be in the public right-of-way or within the sight triangle; and
g.
Calculation of linear footage for allowable sign area shall not include accessory structures.
2.
As to an entire multistory building, one additional wall sign per street frontage is allowed, with a maximum sign area of ten percent of the wall area or fifty square feet, whichever is less, wall-mounted between the windows of the highest floor and the top of the eave line or the top of the parapet. Illumination is allowed.
3.
If located within a shopping center, each tenant's space shall be allowed one wall sign per unit as follows:
4.
One pedestrian-oriented hanging sign per unit frontage or per primary entry is allowed as follows:
a.
Said sign shall be placed under arcades, awnings or similar architectural treatment, and shall not be visible from the public right of-way;
b.
Said sign shall be perpendicular to the storefront and may not exceed a maximum sign area of six square feet;
c.
If placed under an awning, it shall have a minimum eight feet vertical clearance from the sidewalk; and
d.
Internal illumination is permitted.
5.
One vehicular-oriented hanging sign per unit frontage or per primary entry is allowed if other wall or monument sign methods are not physically feasible, subject to the following:
a.
Said sign shall be below eave line and shall be visible from the public right-of-way;
b.
Said sign shall not exceed one square foot per linear foot of tenant space, not exceeding one hundred square feet per frontage, with an additional fifty square feet allowed per each additional frontage;
c.
Said sign shall have a vertical clearance of eight feet from the sidewalk;
d.
No illumination shall be allowed; and
e.
Said sign shall not be located in the public right-of-way.
6.
One monument sign per street frontage per lot is allowed as follows:
a.
Said sign shall have a maximum sign area of thirty-two square feet and a maximum height of seven feet;
b.
Said sign shall not be located within the public right-of-way, and shall not be located within the sight triangle;
c.
A planter base or landscaping shall be provided equal to three times the area of one face of the sign;
d.
Monument signage shall have a minimum spacing of seventy-five feet between monuments;
e.
Illumination is allowed; and
f.
Lettering shall be of a sufficient size as to be readily visible from the public right-of-way.
7.
Commercial uses in PCC and I-1 zones, with a minimum of five tenants, located on a minimum of five acres, shall be permitted one additional pylon or monument sign per street frontage, subject to the following criteria:
a.
Said signs shall have a maximum sign area of seventy square feet and a maximum height of fourteen feet; provided, however, the planning commission may authorize a taller sign pursuant to a master sign program with adequate findings supported by a flag test;
b.
The signs shall not be located within the public right-of-way, and shall not be located within the sight triangle;
c.
Signs in this class shall be located a minimum of one hundred feet from the nearest residential land use, seventy-five feet from the nearest monument sign, seventy-five feet from any intersection, and one thousand feet from the nearest sign in this same class; and
d.
The sign may be illuminated and shall be located in a planter base or landscaped area equal to three times the area of one face of the sign.
C.
Kiosk Signs. Subject to approval by the planning commission as part of the design review for a use, one kiosk or similar architectural feature per corner intersection may be allowed in a commercial or industrial zone with a maximum sign area of fifty square feet. Said signs shall not be located within the public right-of-way or sight triangle. The sign may be illuminated as part of the architectural element of the sign.
D.
Freeway-oriented Signs. Freeway-oriented signs are allowed subject to the following criteria:
1.
Subject to the state Outdoor Advertising Act, and pursuant to an approved master sign program, pylon type signs are permitted in PCC and I-1 zones as follows:
a.
Said signs shall be located within one thousand feet radius distance from the centerline point of roadway intersection of the Interstate 10 on- and off-ramps nearest the site within the Date Palm Drive right-of-way;
b.
Said signs shall not exceed a maximum sign area of one hundred fifty square feet per advertiser;
c.
The maximum height shall be determined by the planning commission based on the height needed by the traveling public to view the sign, but shall not exceed fifty feet; provided, however, that the applicant shall furnish sight-line studies and shall conduct a flag test to demonstrate the sign height needed;
d.
Support shall be set back five feet from the property line and all signage shall be located on private property;
e.
Sign structures shall be located in such a manner so as to not adversely block the visibility of another existing freeway-oriented sign structure from the view of the traveling public on the freeway; and
f.
Illumination is allowed.
2.
A maximum of one extended height monument sign per five hundred linear feet of freeway frontage is allowed along freeway frontage in all commercial and industrial zones, subject to the following criteria:
a.
The maximum sign area shall not exceed one hundred twenty square feet, and the maximum height shall not exceed twelve feet, including a four-foot base and eight-foot sign maximum; and
b.
Said signs shall be located within a thirty-foot landscape easement parallel to freeway frontage and may only be halo- or landscape-lit.
E.
Changeable Copy Signs. Changeable copy signs required to comply with any applicable law regarding the posting of commercial information shall be allowed with an approved sign permit, except that such signs shall be limited to one per street frontage for each business and shall not exceed sixteen square feet of area of any sign otherwise permitted under this chapter.
(Ord. 672 § 2, 2009; Ord. 862 § 2, 2022)
§ 9.62.090 Nonconforming signs.
A.
Applicability. Except for billboards subject to Section 9.66.090 of this title, and notwithstanding any other general provisions in this title, the provisions of this section shall apply to all signs subject to this chapter.
B.
Amortization of Previously Permitted Signs. Provided all other conditions of this section are met, all nonconforming signs for which a permit was previously issued and in effect on the date that this chapter became effective may continue to be used until such a time that substantial alterations, or those not otherwise allowed pursuant to subsection D of this section, are made to the sign, or until such a time as the use is abandoned. For purposes of this section, signs existing at the time of incorporation of the city shall be deemed to have been previously issued a permit by the county of Riverside.
C.
Removal of Nonpermitted, Nonconforming Signs. The following amortization periods are presumed adequate to allow the owner of a nonconforming sign to recoup the original cost of the sign, and shall be applicable to any sign for which a permit was not in effect on the date that this chapter became effective. Provided all other conditions of this section are met, such a sign may be maintained for the period of time set forth below, measured from the date the sign was first placed in service, after which time the sign shall be removed.
Original Investment | Minimum Amortization Period |
|---|---|
Under $500.00 | 6 months |
$501 to $1,000 | 12 months |
$1,001 to $2,000 | 1 year |
$2,001 and over | 2 years |
D.
Alterations during amortization period. A nonconforming sign may not be moved, enlarged, relocated, or altered in any way except as follows:
1.
The cost of such alteration does not exceed twenty-five percent of the assessed value of the sign;
2.
The alteration may not result in any greater degree of nonconformity than previously existed;
3.
The alteration shall meet all current requirements of the Cathedral City Municipal Code, and shall be completed within one year of the commencement of the work;
4.
When a subsequently adopted ordinance or regulation requires specific alterations, those alterations shall be made;
5.
Minor repairs to and routine maintenance, costing less than twenty-five percent of the replacement cost of the sign are permitted and encouraged; and
6.
If, in the process of alteration pursuant to this section certain nonconformities can be brought into conformity, they shall be brought into conformity.
E.
New Development or Substantial Improvement. A requirement for a nonconforming sign to be removed or altered so as to comply with the requirements of this title may be imposed as a condition of approval of a subdivision, conditional use permit, variance, or other discretionary development approval. In addition, ministerial approval may also require removal or alteration of the nonconforming sign as a condition of approval when in conjunction with a substantial improvement of said property.
F.
Sign Copy. Sign copy and sign faces may be changed on nonconforming signs when there is no change in use of the site or when only a portion of a multiple tenant sign is being changed.
G.
Wall and Freestanding Signs. Legal nonconforming wall signs shall not prevent the installation of conforming freestanding signs, nor shall legal nonconforming freestanding signs prevent the installation of conforming wall signs.
H.
Add-on Signs. Signs bolted, tacked, tagged or added onto an otherwise conforming sign shall not be considered legal nonconforming for the purposes of this section.
I.
Nuisance. Notwithstanding any other provision of law, any sign which does not conform to the provisions of this chapter, and which was constructed or displayed prior to the adoption of this chapter, shall not be a lawful nonconforming use and instead shall be deemed a public nuisance subject to abatement if not brought into conformance with this chapter, when any of the following apply:
1.
A sign that did not comply with all ordinances and regulations in effect at the time of its placement;
2.
An abandoned sign;
3.
A sign that was legal when initially placed, but which has been relocated or any nonconformity has been expanded;
4.
A sign that is the subject of an agreement between the sign owner and the city for, or the authorization therefor is expressly conditioned on, its removal as of a given date or expiration of a given period of time, which date or period of time has expired;
5.
A temporary sign;
6.
A sign on a lot located within a redevelopment project area created pursuant to California Community Redevelopment law for which a building permit or sign permit is subsequently issued; or
7.
A sign that is damaged to the extent that the cost of repair, other than copy replacement, will exceed fifty percent of the sign value. The sign value shall be reasonably determined by the city planner or designee.
J.
Early Removal. The city may require the removal of any nonconforming sign before the amortization period provided herein has lapsed, if the owner is paid fair and just compensation equal to one-fifteenth of the duplication costs of the sign being removed multiplied by the number of years of useful life remaining for the sign. At the end of the amortization period or at the time compensation is provided for nonconforming signs, the owner thereof shall cause the sign to be removed or so altered to conform fully with the requirements of this chapter. A sign permit shall be required for any such alteration or relocation.
K.
Notice to Remove. After determining that a nonconforming sign must be removed in accordance with the provisions of this section, the city planner or designee shall issue a written notice to the owner of the property upon which said sign is located and state the requirements to bring the sign into compliance with this chapter and the date upon which said sign shall achieve conformance or be removed.
L.
Removal of Amortized Signs. Any nonconforming sign required to be removed in compliance with the provisions of this chapter because of expiration of the applicable time period or payment of fair and just compensation are deemed to be fully amortized and a public nuisance, and may be abated pursuant to the procedures established in this chapter.
(Ord. 672 § 2, 2009; Ord. 862 § 2, 2022)
§ 9.62.100 Discontinuance of a business.
Within thirty days of the discontinuance of a business in any zone or before a new business occupies the building, whichever comes first, the sign owner, his or her agent, or the property owner shall remove all nonconforming signs and sign copy including all wording, advertising or information relating to the discontinued business. If affixed to any structure, upon removal of the sign, the underlying structure shall be restored to the same or similar condition as existed prior to the placement of the sign.
(Ord. 672 § 2, 2009; Ord. 862 § 2, 2022)
§ 9.62.110 Structural safety, maintenance, identification, and illumination.
A.
Every temporary and permanent sign and all parts, portions, units and materials comprising the same, together with the frame, background, supports or anchorage therefor, shall be manufactured, fabricated, assembled, constructed and erected in compliance with the building, electrical and fire prevention codes of the city of Cathedral City as they now exist or may hereafter be amended, or as they may hereafter exist.
B.
Every temporary and permanent sign and all parts, portions, units and materials comprising the same, together with the frame, background, supports or anchorage therefor, shall be maintained in proper repair and state of preservation. The display surface of all signs shall be kept neatly painted and/or posted.
C.
Every sign erected, altered or relocated shall have recorded thereon in a conspicuous place in order to be readily visible, the date of approval, alteration or relocation, the permit number and the voltage of any electrical apparatus used in connection therewith. Every sign which is internally illuminated and which incorporates the use of electrical apparatus or equipment within shall have posted an Underwriter's Laboratory approval stamp in a conspicuous place.
D.
Any sign that is more than twelve feet from the grade to the bottom of the sign, or is more than one hundred square feet on one single sign face shall be engineered by a licensed engineer and require his or her seal.
E.
All illuminated signs in all zones shall be designed in such a manner as to avoid undue glare or reflection of light on private property or the public right-of-way in the surrounding area. All lighting for signage shall comply with the city lighting ordinance chapter of this title.
F.
In order to minimize glare, and except as otherwise expressly permitted, internally illuminated cabinet signs with white translucent background plex shall not be permitted. If utilized, white background plex shall be opaque (day/night flex).
G.
All temporary and permanent signs shall be maintained in the condition that existed at the time it was approved and installed, including the maintenance of paint, text copy, illumination and fixtures (if any), and plex, plastic, or vinyl covers.
H.
The supporting members of a sign shall be free of any unneeded angle iron, guy wires, cables, or similar supporting devices. The support shall appear to be an architectural and integral part of the building or structure.
I.
Every sign erected in the city shall be subject to inspection by the building department for compliance with applicable city codes and ordinances.
(Ord. 672 § 2, 2009; Ord. 862 § 2, 2022)
§ 9.62.120 Appeals.
A.
Matters of Interpretation. Except as expressly reserved for determination by the city council or planning commission, and excluding code compliance conducted pursuant to other provisions of the Cathedral City Municipal Code, all questions of interpretation of the provisions of this chapter, including objection to actions by planning department staff, shall first be submitted to the city planner for decision as an administrative matter, with no public hearing required.
B.
Right to Appeal. Any aggrieved party may appeal a decision of the city planner to the planning commission. Any decision by the planning commission made subject to the provisions of this chapter may be appealed by the aggrieved person to the city council for public hearing and decision pursuant to Chapter 2.04 of the Cathedral City Municipal Code. The city council's decision is final as to the city, but is subject to judicial review.
C.
Perfecting Appeal—Time Limit for Appeal. An appeal pursuant to this section is effective when notice thereof is delivered to the city clerk within ten calendar days of when the appeal right arises, on a form provided by the planning department, accompanied by any applicable appeal fee in an amount set by resolution of the city council, signed by the appellant, identifying the matter or decision appealed from, and stating the grounds of appeal.
D.
When appeal right arises. The right to appeal pursuant to this section arises at the earliest of: (1) when written notice of the city planner's administrative decision is personally delivered or mailed to the applicant; (2) when an appellate decision is made by vote of the appellate body in a duly noticed public hearing on the matter; (3) when written notice of the decision is delivered or mailed to the applicant or appellant; or (4) at the expiration of the time in which the city planner or appellate body is required to make a decision.
E.
Timeliness of Decision—Waiver of Time. At each stage of review pursuant to this section, all decisions shall be made within thirty calendar days of when the permit application is complete, the request for interpretation has been received, or when the appeal has been timely and properly filed. When any such decision is not made within the required time, and the applicant or appellant does not waive time, then the application or appeal shall be deemed denied, and the applicant or appellant shall have the immediate right to appeal or, if no further administrative appeal is available, to seek judicial review. The timeliness requirement may be waived by the applicant or appellant.
F.
Maintenance of Status Quo. While any decision pursuant to this section is pending, the status quo shall be maintained until the review or appeal has run its full course, unless the subject sign is in such physical condition that it presents a serious and immediate threat to the public health and safety, in which case it may be abated as a public nuisance pursuant to any other applicable provision of the Cathedral City Municipal Code.
G.
Appeals, Hearing and Decision. When any decision is timely appealed to the planning commission or city council pursuant to this section, the appellate body shall hold a duly noticed public hearing on the matter, hear arguments and take evidence, and decide the matter within the required time period, unless the applicant or appellant waives time. The decision shall be in writing and shall state facts from the record which support any findings made.
H.
Judicial Review. Following exhaustion of all available appellate procedures within the city, any applicant or appellant may seek judicial review of the city's final decision pursuant to California Code of Civil Procedure Section 1094.8 or other applicable provisions.
(Ord. 672 § 2, 2009; Ord. 776 § 17, 2016; Ord. 862 § 2, 2022)
§ 9.62.130 Violation of chapter.
A.
Nuisance. Any violation of the provisions of this chapter by any person responsible for committing, causing or maintaining such violation, shall constitute a public nuisance which shall be subject to the provisions of Title 13 of the Cathedral City Municipal Code. Any person violating the provisions in this chapter, or violating any conditions of a sign permit or other approval, shall be subject to the provisions set forth in Section 1.01.205 of the Cathedral City Municipal Code.
B.
Modification, Suspension and/or Revocation of Validly Issued Permit. A violation of any provision of this chapter by the holder of a validly issued permit and/or other city authorization granted pursuant to this or any other chapter shall constitute grounds for modification, suspension and/or revocation of said permit and/or authorization pursuant to the provisions set forth in Chapter 13.150. Judicial review of any such administrative determination made pursuant to Chapter 13.150 shall be eligible for expedited judicial review pursuant to California Code of Civil Procedure Section 1094.8.
C.
Infraction. Any violation of this chapter by any person responsible for committing, causing or maintaining such violation shall constitute an infraction violation and the violator shall be subject to the provisions set forth in Chapter 13.65 of the Cathedral City Municipal Code, including, but not limited to, the imposition of any and all criminal penalties set forth therein.
D.
Administrative Citation. In lieu of issuing an infraction citation, the city may issue an administrative citation, pursuant to Chapter 13.58 of the Cathedral City Municipal Code, to any person responsible for committing, causing or maintaining the subject violation. The issuance of an administrative citation shall not preclude the city from also issuing an infraction citation upon the occurrence of the same subject offense on a separate day.
E.
Administrative Fines. Any person issued an administrative citation under this chapter, for each separate violation, shall be subject to a fine as follows: (1) an administrative fine in an amount not to exceed one hundred dollars for the first violation; (2) an administrative fine in an amount note to exceed two hundred fifty dollars for a second violation of the same offense within a twelve-month period of the date of the first offense; and (3) a fine in an amount not to exceed five hundred dollars for a third and any subsequent violation of the same offense within a twelve-month period of the date of the first offense.
F.
Additional Penalties. Nothing in this chapter shall preclude the city from pursuing any other applicable remedies available in law or equity.
(Ord. 672 § 2, 2009; Ord. 862 § 2, 2022)
§ 9.64.010 General provisions.
§ 9.64.020 Property development standards-Mobile home parks.
Standards are as set forth in this section.
A.
Site Area. Not less than ten acres of land area.
B.
Maximum Density. Eight mobile home spaces per gross acre.
C.
Maximum Height for Buildings and Structures. Thirty feet or two stories, whichever is lesser.
D.
Yards. Yard requirements are as follows:
1.
Front Yards. Each mobile home park shall have a front yard extending for the full width of the parcel and devoted to said use. Said front yard shall have an average width of fifteen feet and shall not be less than ten feet at any point.
2.
Side and Rear Yards. Each mobile home park shall have a rear yard of not less than five feet in width and a side yard on each side of said mobile home park not less than five feet in width; provided, however, that if a side or rear yard abuts a street, the rear yard or side street side yard shall have an average width of eight feet and shall not be less than five feet at any point.
E.
Walls, Fences and Landscape, Each mobile home park shall be entirely enclosed at its exterior boundaries by a six-foot screen consisting of solid masonry or other appropriate decorative screening; provided, however, that said screen may be reduced to three feet in height when it is constructed in a front yard at any entrance to the park.
F.
Access from Mobile Home Park to Public Street. Each mobile home park shall have no less than two accessways for firefighting equipment, the location and design of which shall be approved by the city planner and the city's fire marshal.
(Ord. 80 Art. V(D)(2), 1984; Ord. 862 § 2, 2022)
§ 9.64.030 Property development standards-Mobile homes.
A.
Minimum Area for Mobile Home Space. A mobile home space shall have not less than three thousand five hundred square feet area. In computing such area, no consideration shall be given to interior access drives or recreational areas.
B.
Yards.
1.
Each mobile home space shall have a front yard, and the front yard shall be not less than five feet in width. The front of a mobile home is deemed to be that portion of the mobile home where a tongue or towing device is located or designed to be located. A front yard shall be measured from the tongue or towing device for the mobile home or, if said device is removed from the mobile home, to the front mobile home space line. Said minimum front yard shall extend for the full width of the mobile home space.
2.
Side Yard. Each mobile home space shall have a side yard not less than four feet in width from all side mobile home space lines.
3.
Rear Yard. Each mobile home space shall have a rear yard not less than five feet in width from all rear mobile home space lines.
4.
Special Yards. The body of a coach which sides or rears on an access road, public parking area, or pedway, shall be at least ten feet from the property line; provided, however, that an open patio or awning may be constructed to within five feet of the property line.
C.
Separation Between Mobile Home Units. There shall be a minimum separation between all mobile homes to the distances as indicated herein below:
1.
If the side of a mobile home faces the side of another mobile home or an adjacent vacant lot which is intended for future placement of a mobile home, a twelve-foot distance is required from the body of the coach to the interior side lot line.
2.
If the side of a mobile home faces the rear of another mobile home, the minimum distance shall be nineteen feet.
3.
If the rear of a mobile home faces the rear of another mobile home, the minimum distance shall be ten feet.
D.
Coverage. Lot area coverage by coach and covered outdoor areas and uncovered outdoor areas exceeding twenty-four inches in height shall not exceed seventy-five percent.
E.
Parking Requirements. Parking requirements are as follows:
1.
Each mobile home space shall have at least two paved off-street parking spaces and said spaces may be located in tandem to each other and within the mobile home space.
2.
A mobile home park shall have at least one parking space for each four mobile home spaces or fraction thereof. These spaces shall be interspersed throughout the park in increments of five or less, except that more than five spaces may be grouped immediately adjacent to recreation facilities as long as the total of all such recreation spaces does not exceed twenty-five percent of all spaces in the park, and except that the distance between groups of parking spaces shall not exceed three hundred feet.
(Ord. 80 Art. V(D)(3), 1984; Ord. 862 § 2, 2022)
§ 9.64.040 Property development standards-Interior facilities of a mobile home park.
A.
Sanitary Sewer and Water. Each mobile home space shall be provided with connections to sewer and water services.
B.
Drainage Facilities and Utility Services. All storm drainage facilities, electrical, gas, telephone services and other utilities shall be placed underground in conformance with city standards. The electrical, gas, telephone and cable TV systems shall be constructed in a manner that conforms to the construction methods approved by the applicable state regulatory agencies.
C.
Community Center Parks (Park and Recreational Space). A minimum of one hundred fifty square feet of net usable area per mobile home space shall be provided for a combination of both indoor and outdoor community recreation facilities. Outdoor community recreational facilities shall be consolidated into a usable area of not less than two thousand square feet, any single dimension of which shall not be less than twenty-five feet. Indoor community recreational facilities shall consist of an area of not less than two thousand five hundred square feet or of an area not less than the product of thirty-five square feet times the number of mobile home spaces within the mobile home park, whichever is greater.
D.
Interior Access Drives. Access drives shall meet the following standards:
1.
Interior access drives within a mobile home park shall be paved to a width of not less than twenty-eight feet from a mobile home space line to a mobile home space line.
2.
Interior access drives shall be improved on each side by cement concrete rolled curbs and gutters, as approved by the city engineer.
3.
All dead-end interior access drives shall have a minimum outside turning radius of forty feet.
4.
All corners shall have a minimum fifteen-foot radius.
5.
A mobile home space shall have a frontage of not less than fifteen feet in length on an access drive.
E.
Storage Areas.
1.
Service vehicles and equipment, supplies and maintenance materials, used for maintenance of a mobile home park, shall be stored in enclosed or fenced areas.
2.
Storage areas shall be provided for the benefit of the residents of each mobile home park, in which recreational vehicles, trailers, travel trailers, and other sundry type licensed vehicles may be stored. Said storage area shall contain an area equal to the product of forty square feet times the number of mobile home spaces in said park; provided, however, that said storage area for each mobile home park shall not be less than four thousand square feet. Such a storage area must be thoroughly screened by fencing or otherwise and designed so as to be easily accessible and compatible with the mobile home spaces.
F.
Landscaping. All mobile home park areas not used for interior access drives, parking, circulation, buildings and service areas shall be completely and permanently landscaped, and the entire site shall be maintained in good condition.
(Ord. 80 Art. V(D)(4), 1984; Ord. 862 § 2, 2022)
§ 9.66.010 Purpose.
It is the purpose of this chapter to provide regulations under which lawfully existing uses, lots, structures and other improvements that do not comply with the ordinance codified herein, may continue in a manner and for a period of time that encourages implementation of local land use and development policy and those regulations that have been adopted in support of that policy.
(Ord. 495 § 3, 1998; Ord. 862 § 2, 2022)
§ 9.66.020 Determination of nonconforming status.
In the interest of protecting the public health, safety and general welfare; uses, lots, structures and other improvements which are lawfully existing but which do not comply with this chapter are determined to be nonconforming.
(Ord. 495 § 3, 1998; Ord. 862 § 2, 2022)
§ 9.66.030 Nonconforming uses.
A nonconforming use may continue until such time as it has been abandoned.
A.
A nonconforming use shall not be expanded or increased in intensity. An expansion includes an increase in the size of the site occupied by the use, an increase in the percentage of the site occupied by the use or an increase in the floor area occupied by the use. An increase of intensity includes but is not limited to the following: modification to the use such that additional on-site parking is required pursuant to Chapter 9.58, expanded hours of operation; addition of other activities such as dancing or live entertainment. The city planner shall make the determination as to whether an expansion or increase in intensity has or would occur.
B.
Should the structure and/or improvements which accommodate a nonconforming use be damaged or destroyed by fire, earthquake, flood or any other natural disaster, accident or intentional act, the use may continue only if the structure and/or improvements accommodating the use are permitted to be repaired or reconstructed under this chapter.
C.
Any portion of a parcel of land or of a structure which is altered or changed to a conforming use shall not thereafter be used for a nonconforming use. A portion of a parcel of land or building upon which the nonconforming use has been discontinued shall be deemed for these purposes to have been changed to a conforming use, and said portion of the land shall not thereafter be again used for a nonconforming use.
D.
Where a nonconforming use exists at a location where the structures and/or other site improvements are designed in a manner that supports the nonconforming use (e.g. an apartment building is designed to support residential use), a conforming use may not be established at the site or within the structure until such time as the property has been converted to support the conforming use proposed. A conversion request shall be made to the city in the form of either an administrative design review, design review, or conditional use permit, as determined appropriate by the city planner.
E.
A change in ownership, tenancy, proprietorship, or management of a nonconforming use shall not affect its nonconforming status.
F.
Existing, legally permitted multi-family uses (two units or more on a lot) in the R1 zone shall be deemed conforming.
(Ord. 495 § 3, 1998; Ord. 553 § 4, 2002; Ord. 554 § 1, 2002; Ord. 862 § 2, 2022)
§ 9.66.040 Nonconforming lots.
A nonconforming lot may be developed and used in accordance with this chapter provided all regulations of the district within which the lot exists can be met.
(Ord. 495 § 3, 1998; Ord. 862 § 2, 2022)
§ 9.66.050 Nonconforming structures.
A nonconforming structure may be maintained until such time as it is either destroyed or the use that occupies the structure is abandoned.
A.
A destroyed nonconforming structure shall not be repaired or rebuilt unless it is done so in compliance with all current regulations of the city and the state, including, but not limited to, this code, applicable specific plan(s), zoning ordinances, building, plumbing, mechanical and fire codes.
B.
A nonconforming structure that is damaged but not destroyed, may be repaired, reconstructed or restored provided that such repair, reconstruction or restoration shall be commenced no later than six months from the date of such damage or partial destruction, and shall be completed within six months after said commencement, or at a later time as is approved by the city planner. Should commencement and/or completion not occur in compliance with these provisions, a structure shall not be further repaired, reconstructed or restored unless it is done so in compliance with all current regulations of the city and the state, including, but not limited to, this code, applicable specific Plan(s), zoning ordinances, building, plumbing, mechanical and fire codes.
C.
A nonconforming structure wherein the use has been abandoned, shall not be occupied again until such time as it is brought into conformance with current regulations.
D.
A nonconforming structure shall not be added to or enlarged; however, structural alterations may be made provided the alterations do not exacerbate the structure's nonconformity.
E.
A nonconforming structure shall not be moved in whole or in part to any other location on the lot unless said building or structure which is moved is made to conform to the regulations of the zone in which it is located.
F.
Nothing in this chapter shall be construed to prevent ordinary maintenance and repairs to nonconforming structures and/or the strengthening or restoration to a safe condition of any structure declared to be unsafe by the building official.
G.
Existing, legally permitted multi-family dwelling uses (two units or more on a lot) in the R1 zone shall be deemed conforming.
(Ord. 495 § 3, 1998; Ord. 553 § 5, 2002; Ord. 554 § 1, 2002; Ord. 862 § 2, 2022)
§ 9.66.060 Other nonconforming site improvements.
A nonconforming site improvement such as a parking lot, lighting, landscaping, a fence, etc., may be maintained until such time as it is destroyed or the use that occupies the site is abandoned.
A.
A destroyed nonconforming improvement shall not be repaired or rebuilt unless it is done so in compliance with all current regulations.
B.
A nonconforming improvement on a site where the use has been abandoned, shall be brought into conformance prior to the reestablishment of a use on the property.
C.
A site that includes nonconforming improvements may be expanded or have facilities added, provided that the expansion or addition meets all current development requirements.
D.
Nothing in this chapter shall be construed to prevent ordinary maintenance and repairs to nonconforming site improvements or corrections to improvements determined to be unsafe by the city planner.
(Ord. 495 § 3, 1998; Ord. 554 § 1, 2002; Ord. 862 § 2, 2022)
§ 9.66.070 Nonconformity with performance standards.
The use of land or structures which does not meet the standards of performance for said uses or the standards for equipment employed in the operation of said uses as required by this chapter, shall be brought into conformity with said standards within a period of one year from the effective date of the ordinance codified in this chapter, otherwise the nonconforming use shall be discontinued.
(Ord. 495 § 3, 1998; Ord. 862 § 2, 2022)
§ 9.66.080 Uses under variance or conditional use permit.
The nonconforming uses and buildings which are existing under a variance or a conditional use permit granted under this chapter, or any previous ordinance shall be permitted to continue under the conditions and regulations imposed in said permit or variance.
(Ord. 495 § 3, 1998; Ord. 862 § 2, 2022)
§ 9.66.090 Amortization of outdoor advertising structures or billboards.
A.
Outdoor advertising structures or billboards which do not fall within subsection B of this section, shall be subject to an amortization period of five years, provided that the city, pursuant to Business and Professions Code Section 5412 et seq., pays to the owner or owners of the structure or billboards and the owner or owners of the land upon which the structure or billboard is located just compensation for removal of the subject structure or billboard, or the parties mutually agree to relocate the structure or billboard. Nothing set forth herein shall require the payment of just compensation pursuant to Business and Professions Code Section 5412 if an outdoor advertising structure or billboard is removed because a permit, license or approval is requested for the construction of a building or structure which cannot be built without physically removing the subject structure or billboard.
B.
Amortization of Outdoor Advertising Structures or Billboards Located in Residential Areas.
1.
Provided all the conditions set forth in subsection (B)(3) of this section exist and provided that the city provides a notice of removal, a nonconforming outdoor advertising structure or billboard located in any residential zone of the city may be maintained for the periods of time set forth below after which they may be ordered to be removed without compensation.
Fair Market Value on Date Notice of Removal is Served | Minimum Years Allowed |
|---|---|
Under $1,999 | Two Years |
$2,000 to $3,999 | Three Years |
$4,000 to $5,999 | Four Years |
$6,000 to $7,999 | Five Years |
$8,000 to $9,999 | Six Years |
$10,000 and over | Seven Years |
2.
The fair market value amounts set forth in subsection (B)(1) of this section are the January 1, 1983 base fair market values which must be adjusted each January 1st since January 1, 1983 in accordance with the changes in building costs, as indicated in the United States Department of Commerce Composite Cost Index for Construction Costs, to determine the actual fair market value of the subject nonconforming structure or billboard on the date the notice of removal is served.
3.
The city may order the removal without compensation of any outdoor advertising structure or billboard under this section only if all of the following conditions exists:
a.
The structure or billboard is located within an area shown as "residential" in the city general plan as of either the date the ordinance codified in this chapter was enacted or becomes applicable to the area which incorporates the provisions of this section.
b.
The structure or billboard is not located within six hundred sixty feet from the edge of the right-of-way of an interstate or primary highway with its copy visible from the highway, nor is placed or maintained beyond six hundred sixty feet from the edge of the right-of-way of an interstate or primary highway with the purpose of its message being read from the main traveled way; and
c.
The structure or billboard is not required to be removed because of an overlay zone, combining zone, or any other special zoning district whose primary purpose is the removal or control of outdoor advertising displays.
4.
For purposes of this chapter, the following words and phrases shall have the following meanings:
"Interstate highway" means any highway at any time officially designated as a part of the national system of interstate and defense highways by the Director of Transportation of the state of California and approved by appropriate authority of the federal government.
"Just compensation" shall have the same meaning as defined in the Eminent Domain Law (Title 7, commencing with Section 1230.010, of Part 3 of the Code of Civil Procedure).
"Primary highway" shall mean any highway, other than an interstate highway, at any time officially designated as a part of the federal-aid primary system by the Director of Transportation of the state of California and approved by appropriate authority of the federal government.
"Six hundred sixty feet from the edge of the right-of-way" shall mean six hundred sixty feet measured from the edge of the right-of-way horizontally along a line normal or perpendicular to the centerline of the highway.
(Ord. 495 § 3, 1998; Ord. 862 § 2, 2022)
§ 9.68.010 Purpose.
It is the purpose of this chapter to provide for an efficient and timely method to approve uses that are temporary by their nature and do not meet the general criteria of permanent use noted in the land use regulations of this code.
(Ord. 80 Art. V(E), 1984; Ord. 386 § 4, 1993; Ord. 862 § 2, 2022)
§ 9.68.020 Applicability.
A.
A special use permit is required for the following uses:
1.
Temporary swap meet;
2.
Rummage sales sponsored by a nonprofit organization;
3.
Carnivals, circuses, and other traveling entertainment events;
4.
Christmas tree sales on vacant property or parking lots;
5.
Parades, bike races, marathons, etc.;
6.
Temporary buildings or trailers used for office use, storage or sales prior to completion of permanent facilities, provided that plans for the permanent facilities have been approved by the city. The special use permit may be extended by the city planner for a maximum of two times for a period not to exceed an additional ninety days each;
7.
Temporary storage yards used for staging of construction projects that are under construction. The special use permit may be extended by the city planner for the duration of the construction project;
8.
Special shows, such as vehicle displays, auctions, animal association events, etc.;
9.
Any other similar use that the city planner determines is temporary in nature and further provided that said use is found not to be detrimental to surrounding neighborhood.
B.
Uses not requiring a special use permit are:
(Ord. 80 Art. V(E), 1984; Ord. 386 § 4, 1993; Ord. 554 § 1, 2002; Ord. 862 § 2, 2022)
§ 9.68.030 Application.
The city planner shall provide an application form that must be completed and submitted to the city planner. In addition, the city planner may request the following if determined necessary to properly assess the application or protect the city and property owners:
A.
Plot map showing location of the use, other building(s) and parking area on the site, all driveways to the site, and all surrounding properties and streets;
B.
Insurance policy or policies naming the city, its officers, agents and employee as additional insureds, issued by a company satisfactory to the city attorney, and in an amount determined to be adequate for the risks involved in the activity, as determined by the city planner;
C.
Cash bond for cleanup or material removal;
D.
Documentation from the property owner agreeing to the use as specified in the application.
(Ord. 80 Art. V(E), 1984; Ord. 386 § 4, 1993; Ord. 554 § 1, 2002; Ord. 862 § 2, 2022)
§ 9.68.040 Fee.
A fee as determined by resolution of the city council to defray the costs and expenses of the city in processing the application shall be paid prior to accepting the application for filing, no part of which fee shall be refundable to applicant.
(Ord. 80 Art. V(E), 1984; Ord. 386 § 4, 1993; Ord. 862 § 2, 2022)
§ 9.68.050 Decision process.
A.
The city planner, or designee, shall immediately upon receipt of a completed application as determined by the city planner, distribute the application to the following:
B.
A decision shall be rendered by the city planner or designee within ten working days of receipt of the completed application based on the comments received.
C.
The city planner may approve, approve with conditions, or deny the application.
D.
The applicant may request an accelerated decision provided that an additional fee is paid to accommodate the special processing required to accelerate. However, in no case shall the city be requested to make a decision within five working days from application acceptance.
(Ord. 80 Art. V(E), 1984; Ord. 386 § 4, 1993; Ord. 554 § 1, 2002; Ord. 862 § 2, 2022)
§ 9.68.060 Conditions of approval.
The city planner is authorized to place conditions on an approved special use permit that include, but are not limited to the following:
A.
A fixed period for each use;
B.
Hours of operation;
C.
Limits on ingress and egress to the site and appropriate directional signing, barricades, fences or landscaping;
D.
Security;
E.
Temporary off-street parking facilities;
F.
Removal of all materials and equipment and restoration of the premises to the original condition;
G.
Special signage;
H.
Maintenance of dust-free conditions.
(Ord. 80 Art. V(E), 1984; Ord. 386 § 4, 1993; Ord. 554 § 1, 2002; Ord. 862 § 2, 2022)
§ 9.68.070 Director approval.
The city planner may approve a special use permit if he or she determines that the use would not be injurious to existing improvements and land uses or would be detrimental to the surrounding area or the public in general.
(Ord. 80 Art. V(E), 1984; Ord. 386 § 4, 1993; Ord. 554 § 1, 2002; Ord. 862 § 2, 2022)
§ 9.68.080 Appeals.
Any applicant or aggrieved person may appeal any determination of the city planner or any condition or requirement of a special use permit to the city council, or the council may order a review of said determination or any condition or requirement thereon, within ten working days from the city planner's decision.
(Ord. 80 Art. V(E), 1984; Ord. 386 § 4, 1993; Ord. 554 § 1, 2002; Ord. 862 § 2, 2022)
§ 9.68.090 Time limit.
The uses allowed by the special permit shall commence within ninety days of the issuance of said permit, otherwise the permit shall expire and become void.
(Ord. 80 Art. V(E), 1984; Ord. 386 § 4, 1993; Ord. 862 § 2, 2022)
§ 9.68.100 Revocation.
A special use permit may be revoked for the following reasons:
A.
The permitted use is being conducted in a manner which is detrimental to the public health, morals, peace, safety or welfare of the city, or constitutes a public nuisance, or
B.
The permittee acquired the special use permit by making or causing to be made factual misrepresentations, material nondisclosures or false or misleading statements in its application for such permit or in any statement or representations to the city planner, or
C.
Conditions of the permit have not been fully complied with.
(Ord. 80 Art. V(E), 1984; Ord. 386 § 4, 1993; Ord. 554 § 1, 2002; Ord. 862 § 2, 2022)
§ 9.68.110 Reapplication.
No person shall reapply for a similar special use permit if an application for such has been denied or revoked, if such reapplication is within a period of one calendar year from the date of the final decision on a previously similar application, unless such final decision was a denial of the application without prejudice. The city planner may waive this restriction if he determines conditions have changed since the previous denial or revocation.
(Ord. 80 Art. V(E), 1984; Ord. 386 § 4, 1993; Ord. 554 § 1, 2002; Ord. 862 § 2, 2022)
§ 9.70.010 Purpose.
These provisions allow for the conduct of home enterprises within residential zones which are incidental to and compatible with surrounding residential uses. A home occupation represents a legal income-producing activity by the occupant of the dwelling.
(Ord. 80 Art. V(G), 1984; Ord. 208 § 2, 1988; Ord. 862 § 2, 2022)
§ 9.70.020 Permitted uses.
To meet the purpose of this chapter, home occupations are to be limited to those uses that are primarily office-oriented with limited storage of material and equipment. These uses are:
A.
The in-home office of a contractor, consultant, bookkeeper or other similar profession whose function is one of rendering a service and such function does not involve the dispensation of goods or products;
B.
Secondary business offices, where said business has its principal office, staff and equipment located elsewhere;
C.
The in-home office of a salesperson, e-commerce business, or online service when all sales are conducted by telephone, internet/online or correspondence with no commodities or displays on the premises;
D.
Drafting, designing arts, crafts and the like using only normal drafting artist equipment;
E.
Babysitting service or home child care facilities as permitted by the zone district;
F.
Music instruction provided no more than one student is instructed at one time; and
G.
Any other use similar to the above as determined by the city planner.
(Ord. 80 Art. V(G), 1984; Ord. 208 § 2, 1988; Ord. 862 § 2, 2022)
§ 9.70.030 Prohibited uses.
To add emphasis to the types of uses that are not permitted as home occupations, the following uses are specifically prohibited:
A.
Automotive repair (body or mechanical), upholstery and painting;
B.
Barber, beauty, manicuring, masseuse, and similar enterprises;
C.
Carpentry, cabinet-making and furniture repair;
D.
Machinery, equipment or appliance repair;
E.
Professional and medical offices and laboratories;
F.
Construction offices where there is storage of material and equipment, and the transporting of employees;
G.
Storage for fee; and
H.
Any similar use and those uses not listed as a permitted use.
(Ord. 80 Art. V(G), 1984; Ord. 208 § 2, 1988; Ord. 862 § 2, 2022)
§ 9.70.040 Business license required.
It is unlawful for any person to carry on any home occupation in the city without first having procured a business license and complied with any and all applicable provisions.
(Ord. 80 Art. V(G), 1984; Ord. 208 § 2, 1988; Ord. 862 § 2, 2022)
§ 9.70.050 Permit required.
Application for a home occupation permit shall be made to the city planner. The city planner may issue a home occupation use permit upon determining that the proposed home occupation can meet all the requirements of this chapter.
(Ord. 80 Art. V(G), 1984; Ord. 208 § 2, 1988; Ord. 862 § 2, 2022)
§ 9.70.060 Permit fee.
When the application for a home occupation is filed, the city planner shall collect a fee for the permit in such amount as may have been established by resolution of the city council.
(Ord. 80 Art. V(G), 1984; Ord. 208 § 2, 1988; Ord. 862 § 2, 2022)
§ 9.70.070 Operating standards.
A permitted home occupation as defined above shall be conducted in compliance with the following criteria:
A.
No one other than the resident of the dwelling shall be employed on the premises in the conduct of the home occupation.
B.
The home occupation shall be conducted entirely within the enclosed area of the main building. Space within an attached garage may be used for the conduct of a home occupation only when it does not interfere with the off-street parking of vehicles as required by this zoning ordinance. The home occupation shall not occupy more than twenty-five percent of the total area of the entire structure.
C.
A home occupation shall not be conducted within any accessory structure; however, storage of supplies may be permitted within an accessory structure.
D.
There shall be no outdoor storage or display of equipment, machinery, supplies, materials or merchandise.
E.
There shall be no sales activity, either wholesale or retail, except mail order sales, nor shall there be an office open to the general public.
F.
There shall be no more than a one-day supply of hazardous materials stored on the premises at any given time (i.e., pool chlorine, paint thinner, etc.)
G.
There shall be no dispatching of persons, equipment or supplies to or from the subject property.
H.
The use of vehicles for the operation of the home occupation shall be limited to one vehicle having a manufacturer's gross vehicle weight, per California Vehicle Code, Section 390, rating of less than ten thousand lbs. No other vehicles shall be parked or stored on the property that are in any way used in the operation of the home occupation. For the purpose of this section, a vehicle used for a home occupation is any vehicle, trailer or equipment that does or has any of the following: is used in the operation of the home occupation, transports supplies or people that are involved with the home occupation, has a commercial license, has the company name or other commercial identification on the vehicle, has racks or containers on the vehicle that could be used for carrying equipment or supplies.
I.
There shall be no use of any mechanical equipment, appliance or motor on the premises in the operation of the home occupation, except for small appliances normally found in a home such as, typewriters, and sewing machines.
J.
There shall be no signs or other devices identifying or advertising the home occupation.
K.
The appearance of the building or lot shall not be altered, or the home occupation be so conducted that the lot or building may be reasonably recognized as serving a nonresidential use (either by color, materials, construction, lighting, sounds, vibrations, etc.).
L.
The use shall not generate pedestrian or vehicular traffic beyond that normal to the zone in which it is located.
M.
The use shall meet reasonable special conditions established by the city planner and made of record in the home occupation permit, as may be deemed necessary to carry out the intent of this division.
N.
More than one home occupation may be considered by the city planner provided that the subsequent home occupations are an e-commerce or online business and the applicant(s) complies with all other operating standards.
(Ord. 80 Art. V(G), 1984; Ord. 208 § 2, 1988; Ord. 862 § 2, 2022)
§ 9.70.080 Term of permits.
All permits for home occupations shall continue in existence until abandoned or revoked. A home occupation permit shall be considered abandoned if the business license is not renewed.
(Ord. 80 Art. V(G), 1984; Ord. 208 § 2, 1988; Ord. 862 § 2, 2022)
§ 9.70.090 Revocation of permit.
If the city planner determines that a home occupation is being conducted in violation of the provisions of this chapter, he or she shall cause a notice of violation and revocation of permit to be mailed, by certified mail, to the permittee at the address shown on the home occupation permit. The home occupation permit shall be deemed revoked ten days from the date of mailing of said notice. Upon revocation of the home occupation permit, the city business license shall become null and void.
(Ord. 80 Art. V(G), 1984; Ord. 208 § 2, 1988; Ord. 862 § 2, 2022)
§ 9.70.100 Appeal procedure.
The applicant or permittee of a home occupation may appeal any decision made by the city planner to the city council by written appeal filed with the city clerk within ten days of notification of the decision.
(Ord. 80 Art. V(G), 1984; Ord. 208 § 2, 1988; Ord. 862 § 2, 2022)
§ 9.70.110 Violation a public nuisance.
Any violation of this chapter is a public nuisance.
(Ord. 80 Art. V(G), 1984; Ord. 208 § 2, 1988; Ord. 862 § 2, 2022)
§ 9.70.120 Nonconforming.
All existing home occupations that were made nonconforming on the date of the adoption of the ordinance codified in this chapter, March 2, 1988 are considered lawfully existing and may continue unless a request is made in writing by the city planner and delivered by certified mail to cease. Upon receipt of the notice, the home occupation shall cease within six months.
(Ord. 80 Art. V(G), 1984; Ord. 208 § 2, 1988; Ord. 862 § 2, 2022)
§ 9.72.010 Purpose.
The conditional use permit is intended for those types of land uses which require special consideration because they possess unique characteristics or present special issues that make being a permitted use impractical or undesirable. The city staff should consider the following with regard to evaluating conditional uses: appropriate area needed for the proposal, traffic and noise impacts, potential odors and light pollution, vibration, smoke or other problems incidental to its operation. Applicants shall not be deemed to have any "right" to a conditional use permit; such permit is a discretionary action under the zoning regulations, the granting of the permit shall be viewed as a special dispensation. The city has sole authority to grant the entitlement to an applicant and a conditional use permit shall only be granted with the establishment of certain conditions to protect the health, safety and general welfare of the neighborhood or community, subject to the following findings:
A.
The use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this chapter.
B.
The use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located.
C.
The site for the intended use is adequate in size and shape to accommodate such use and all of the yards, setbacks and walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses on land in the neighborhood.
D.
The site for the proposed uses relates properly to streets and highways which are designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed use.
E.
The applicant agrees to comply with any and all of the conditions imposed by the review authority or be subject to a revocation hearing.
Uses existing on the effective date of the ordinance codified in this chapter which are listed as permitted subject to conditional use permit in the zone in which they are located may continue without securing such a permit; however, any extension or expansion of such use shall require a conditional use permit. |
(Ord. 714 § 6, 2012; Ord. 862 § 2, 2022)
§ 9.72.020 Specific uses permitted subject to conditional use permit.
Uses identified as conditional uses in the city's zones may be permitted in such zones pursuant to the provisions of this chapter.
(Ord. 714 § 6, 2012; Ord. 862 § 2, 2022)
§ 9.72.030 Application.
The application for a conditional use permit shall be completed on the official application supplied by the city and filed with the planning department by the owner of the property for which the permit is sought, or by the lessee having a lease-hold interest or by the agent of any of the foregoing duly authorized in writing.
(Ord. 714 § 6, 2012; Ord. 862 § 2, 2022)
§ 9.72.040 Planning commission and/or city council granting-Criteria.
A.
When approving a conditional use permit the planning commission and/or city council may grant a conditional use permit under any provisions of this chapter. Denial of a conditional use permit shall be based on written findings that show substantial evidence in review of the whole record to justify a denial.
B.
Prior to making the findings listed in Section 9.72.010 of this chapter, the planning commission and/or the city council should in its deliberation consider whether the proposed use at the proposed location is detrimental to other existing and permitted uses in the general area thereof and relates properly to existing and proposed streets and highways.
C.
In granting a conditional use permit, the planning commission and city council may impose such reasonable conditions as are deemed necessary and desirable to protect the public health, safety, convenience and general welfare of the city, in accordance with the intent and purpose of the city zoning regulations.
D.
If a conditional use permit is granted by the city council or planning commission, the use shall be subject to all property development standards of the zone in which the use is located and that the planning commission or city council may impose additional conditions if necessary.
E.
All conditional use permits approved by the city council or planning commission are subject to all aspects of the design review process, including, but not limited to, review of architecture, building color, signage, landscaping, fencing, and parking.
(Ord. 714 § 6, 2012; Ord. 862 § 2, 2022)
§ 9.72.050 Denial of conditional use permits.
If the planning commission and/or city council deems a proposed conditional use is unsuitable to an area the project may be denied on the basis of one or more of the findings found in Section 9.72.010. The specific findings must be made part of the record of the meeting.
(Ord. 714 § 6, 2012; Ord. 862 § 2, 2022)
§ 9.72.060 Effective date-Final decision.
A.
A conditional use permit granted by the commission as provided in this chapter shall become effective immediately upon the expiration date of the appeal period per Section 9.72.080 of this chapter.
B.
A conditional use permit granted by the council, as provided in this chapter, shall become effective immediately upon the council's action to grant the permit. All decisions of the council concerning the merits of the application shall be final.
(Ord. 714 § 6, 2012; Ord. 862 § 2, 2022)
§ 9.72.070 Planning commission and city council public hearings-Procedure.
§ 9.72.080 Appeal process.
A.
Any person aggrieved or affected by the final determination of the planning commission concerning an application for a conditional use permit including any conditional requirement imposed on the project may appeal the decision within ten calendar days from the planning commission's decision by filing the city's appeal application with the planning department and paying the established fee as set forth by the city council.
B.
The city planner or designee shall schedule a public hearing and provide notice in accordance with Chapter 9.09 of this title.
C.
The city planner or designee shall transmit to the city council a written report, copies of the application, and copies of all other papers constituting the record upon which the commission's decision was taken, including, but not limited to, the minutes of all hearings thereon and shall submit to the council a written report, prepared from the record upon which the final determination was made, stating the factual and legal basis on which the commission found and determined that the application met or failed to meet the criteria and requirements provided in this chapter for granting a conditional use permit.
D.
The council may affirm, reverse or modify, in whole or in part, any final determination, condition or requirement of the commission which is appealed from or ordered to be reviewed by the council. After reviewing the record of the commission's proceedings relating to the decision, condition or requirement appealed from or ordered to be reviewed by the council, including, but not limited to, the application, minutes of hearings, notice of appeal and the commission's report, the council may affirm without further action the determination, requirement or condition appealed from or ordered to be reviewed.
E.
On the date a notice of appeal is filed under this chapter, or on the date the council orders a review of the commission's determination, condition or requirement, all proceedings in furtherance of the determination, condition or requirement appealed from or ordered to be reviewed by the council, including the effective date of the permit in question, shall be stayed until the final determination by the council of the appeal or council-initiated review.
§ 9.72.090 De novo review by city council of planning commission action.
The city council can initiate a de novo review of any conditional use permit by requesting the item via the city manager to be on the next city council agenda. If a majority of the quorum present is in agreement to conduct a de novo review they may order a review of all or part of that determination in the same manner as provided for in the appeal process in Section 9.72.080. The item shall be presented at a city council meeting after the order of review and the city council shall conduct a de novo review and may add, modify, or delete any part of the project and/or conditions of approval.
(Ord. 714 § 6, 2012; Ord. 862 § 2, 2022)
§ 9.72.100 Permit to run with the land.
A conditional use permit or zoning use permit approved in compliance with the provisions of this chapter shall continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that was the subject of the permit application in the same area, configuration, and manner as it was originally approved in compliance with this chapter.
(Ord. 714 § 6, 2012; Ord. 862 § 2, 2022)
§ 9.72.110 Time limit.
A.
A conditional use permit shall expire within twenty-four months after the original date of approval by the final approving body, unless a completed building permit application has been submitted. A "completed building permit application" shall mean all required fees, structural plans, site plans, grading plans and other documents required pursuant to the conditional use permit. The building official in consultation with the city planner or designee shall have authority to determine the sufficiency of the building permit application as complying with the criteria in this section.
B.
A conditional use permit shall expire upon expiration of a building permit which has been issued in accordance with subsection A of this section.
C.
When an applicant desires an extension of a conditional use permit, and the conditional use permit is not coupled with a tentative tract map or parcel map, the final approving body at its sole discretion may grant an extension of time not to exceed one year from the original expiration of such permit.
D.
Notwithstanding Ordinance No. 659, when an applicant desires to be granted an extension of a conditional use permit, and the conditional use permit is coupled with a tentative tract map or parcel map, the final approving body at its sole discretion may grant an extension of time not to exceed the life of the map including any extensions approved by the city of Cathedral City or the state.
E.
The application to file an extension for a conditional use permit must be filed on a form as provided by the city and must be completed and filed with the city prior to the expiration of such permit.
F.
For purposes of this section, final approving body shall mean the planning commission or the city council, whichever body gave final approval of the approved conditional use permit.
(Ord. 714 § 6, 2012; Ord. 862 § 2, 2022)
§ 9.72.120 Revisions to site plan.
§ 9.72.130 Revocation.
A.
The planning commission and/or the city council, on their own motion may, initiate a revocation and shall hold a hearing to make a recommendation to the city council upon the question of the revocation of a conditional use permit granted under, or pursuant to, the provisions of this chapter. The city council shall be the final acting body for all revocation proceedings.
B.
Revocations shall be a public hearing and notice of such hearing shall be provided in accordance Chapter 9.09 of this title.
C.
A conditional use permit, whether granted automatically for a nonconforming prior use, or pursuant to a hearing, may be revoked if the commission and council find:
1.
That the use is detrimental to the public health or safety or is a nuisance.
2.
That the conditional use permit was obtained by misrepresentation or nonstatement of facts.
3.
That the use for which the permit was granted is not being exercised.
4.
That the use for which the permit was granted has ceased; or been suspended for one year or more.
5.
That the condition of the improvements, if any, on a property for which a nonconforming conditional use permit is operative is such, that they can be used or altered so as to be used in conformity with the uses permitted in the zone in which such property is located without impairing the constitutional rights of any person.
6.
That the applicant has failed to comply with the development approval and/or conditions of approval.
§ 9.72.140 Maintenance of site, building and landscaping.
Notwithstanding performance standards required to be met under Chapter 9.86, all improvements approved for construction based upon the procedures established herein are required to be maintained so as to substantially comply with the plans approved for construction unless modifications are approved by the city. The improvements to be maintained include, but are not limited to, site improvements, such as parking and walking surfaces, drainage control facilities, fences, signs, and lights; building and accessory structure improvements, such as paint colors and other finish materials, roofing materials, mechanical equipment, windows, trellises, canopies, and all architectural features; and landscape improvements, such as plant type, size and number and all irrigation system components. Any new signage that is installed must have the surrounding area painted and patched to match the existing area in color and surface.
(Ord. 714 § 6, 2012; Ord. 862 § 2, 2022)
§ 9.72.150 Existing permits.
Any conditional use permit granted prior to the effective date of the ordinance codified in this chapter shall be a conditional use permit under this chapter subject to all conditions imposed in such permit unless otherwise provided in this chapter. Such permit may, however, be revoked or voided as provided in Section 9.72.130.
(Ord. 714 § 6, 2012; Ord. 862 § 2, 2022)
§ 9.72.160 New application.
Following the denial of a conditional use permit application or the revocation of a use permit, no application for a use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the use permit unless such denial was a denial without prejudice.
(Ord. 714 § 6, 2012; Ord. 862 § 2, 2022)
§ 9.74.010 Zoning map amendment procedure.
The procedures set forth in this chapter are directory regulations governing amendments to the zoning map changing any property from one zone to another, but such regulations are mandatory only to the extent made so by the California Planning and Zoning Law.
(Ord. 80 Art. V(I)(1), 1984; Ord. 862 § 2, 2022)
§ 9.74.020 Initiation.
An amendment to the official zoning map may be initiated by order of the planning commission or the council or by an application of one or more of the owners of property affected by the proposed amendment or change.
(Ord. 80 Art. V(I)(2), 1984; Ord. 862 § 2, 2022)
§ 9.74.030 Application-Filing-Contents.
Applications shall be filed with the secretary of the planning commission on forms which will be furnished by said secretary, and applications shall be accompanied by such data and information as may be prescribed for that purpose by the commission so as to assure fullest practicable presentation of facts for the permanent record.
(Ord. 80 Art. V(I)(3), 1984; Ord. 862 § 2, 2022)
§ 9.74.040 Application-Consideration after denial.
No application from an owner of property for the same general purpose concerning the same property which has been denied by the planning commission or city council shall be received or processed by the secretary of the planning commission within twelve months of such denial except by unanimous consent of the members of the commission present at a regular meeting of said commission.
(Ord. 80 Art. V(I)(4), 1984; Ord. 862 § 2, 2022)
§ 9.74.050 Application-Filing fee.
A filing fee as established by city council resolution shall be paid at the time of the filing of an owner's or owner's representative's application, but no fee will be required in the case of proceedings instituted by either the council or the planning commission.
(Ord. 80 Art. V(I)(5), 1984; Ord. 862 § 2, 2022)
§ 9.74.060 Appeal-Filing fee.
A filing fee as established by city council resolution or any amendments thereto for an appeal to the city council from a decision of the planning commission relating to an application for a change of zone under the provisions of this chapter shall be paid at the time of filing for such appeal.
(Ord. 80 Art. V(I)(6), 1984; Ord. 862 § 2, 2022)
§ 9.74.070 Public hearing-Date-Notice.
Upon the filing of any such application and the payment of the required fee, the secretary of the planning commission shall set a date for one public hearing thereon before said commission. Notice of the public hearing shall be provided in accordance with Chapter 9.09 of this title.
§ 9.74.080 Investigation.
The planning commission shall cause to be made by any of its own members, or by any member or members of its staff, such investigation of facts bearing upon such application or matter set for hearing (including any analysis of precedent cases), as in the opinion of the commission will serve to provide the necessary information to enable the commission to act.
(Ord. 80 Art. V(I)(8), 1984; Ord. 862 § 2, 2022)
§ 9.74.090 Public hearing-Procedure.
A.
At the time and place so fixed and noticed, the public hearing shall be conducted before the planning commission. The commission may establish its own rules for the conducting of public hearings and the member of the commission presiding at such hearings is empowered to administer oaths to any persons testifying.
B.
The commission may, when it deems such action necessary or desirable, continue such hearing to a time and place certain.
C.
A summary of all pertinent testimony offered at the public hearing, the names and addresses of persons testifying, copies of all notices, affidavits of posting and publication, and records of action taken shall be a part of the files of the case.
(Ord. 80 Art. V(I)(9), 1984; Ord. 862 § 2, 2022)
§ 9.74.100 Findings-Decision.
If from the facts presented to the commission at the public hearing the commission finds that the lot area development standard for the proposed zone is the same as the standard designated on the general plan map for the property subject to the proposed zone change, and finds further that the proposed zone change, or any portion thereof, is in the interests of the public health, safety, necessity, convenience, general welfare, and is in accordance with good zoning practice, the commission shall recommend approval of such proposed change of zone to the council; otherwise it shall be disapproved. The commission shall make its findings and recommendations in writing within thirty days from the date of the close of the hearing and shall forthwith transmit a copy thereof to the applicant and to the city clerk for scheduling on a council meeting agenda in the case of a recommendation of approval, or for individual transmittal of copies to members of the council in the case of a disapproval (in which case it shall not be placed on an agenda unless a council member so requests). If the commission recommends approval of the proposed zone change, or any portion thereof, it shall also transmit to the council for action the report of its findings and recommendation thereon together with the records of its proceedings including the application, minutes of the hearing and exhibits admitted at said hearing. Any recommendation so transmitted shall include the reasons for the recommendation, and the relationship of the proposed ordinance or amendment to applicable general and specific plans. If the commission fails to make findings and a recommendation within the time specified in this section, it shall lose jurisdiction thereof and the applicant may appeal or request a hearing thereon by the council as provided in this chapter.
(Ord. 80 Art. V(I)(10), 1984; Ord. 862 § 2, 2022)
§ 9.74.110 Council action.
Upon receipt of a recommendation for approval, together with the commission's report and reasons relative thereto, the council shall within not less than ten nor more than thirty days of said receipt conduct a public hearing, with notice as provided in accordance with Chapter 9.09 of this title. After the council has conducted said hearing with notice thereof as provided above, the council shall either:
A.
Confirm the recommendation of the commission and effect such change or amendment by ordinance; or
B.
If the council does not agree with all or any part of the commission's recommendations, refer the matter back to the commission for a report on the parts in question. Upon receiving the report of the commission, the council may, by ordinance, effect any change or amendment even though the commission does not concur.
§ 9.74.120 Criteria.
The commission, in recommending, and the council, in reviewing a proposed change of zone, shall consider whether the following conditions exist in reference to the proposed zoning of the subject property:
A.
The proposed change of zone is in conformity with the general plan map and report, and the lot area development standard for the proposed zone is the same as the lot area designated on the general plan map for the property subject to the proposed zone change.
B.
The subject property is suitable for the uses permitted in terms of access, size of parcel, relationship to similar or related uses, and other considerations deemed relevant by the commission and council.
C.
The proposed change of zone is necessary and proper at this time, and is not likely to be detrimental to the adjacent property or residents.
(Ord. 80 Art. V(I)(12), 1984; Ord. 862 § 2, 2022)
§ 9.74.130 Denial-Appeal.
A.
If the commission denies or does not make a determination within the time limit specified, the applicant may, within ten days from the date the notification of denial was mailed to said applicant or upon termination of the time limit, appeal to the council by written notice of appeal filed with the city clerk. Said appeal shall be filed in duplicate and shall set forth specifically wherein the commission's findings were in error and wherein the public necessity, convenience, welfare, or good zoning practice required such change or amendment.
B.
Upon receipt of such appeal, the city clerk shall immediately notify the secretary of the commission, and the commission shall make a report to the council disclosing in what respect it failed to find that the public necessity, convenience, general welfare, or good zoning practice required the change or amendment involved. The council may grant any appealed application, but before making, any change in or deviation from the recommendation of the commission, the council shall conduct a public hearing thereon with notice as provided in accordance with Chapter 9.09 of this titleand shall first refer to the planning commission for report and recommendation any change or amendment not previously considered by the commission during its hearing.
C.
The procedure of the council - in effecting a change or amendment initiated by commission or council order, rather than by application of property owners, which has been disapproved by the commission, shall be the same as that set forth for the granting of an appealed application.
§ 9.74.140 Original-Filing.
The original of the official zoning map shall be kept on file with the city clerk and shall constitute the original records. A copy of said map shall be filed with the city planner.
(Ord. 80 Art. V(I)(14), 1984; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)
§ 9.74.150 Publication.
All ordinances making. amendments and changes shall be published or posted by the city clerk as provided by law. These data shall at that time be filed with the city planner.
(Ord. 80 Art. V(I)(15), 1984; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)
§ 9.74.160 Periodic revisions of zoning map.
The city planner shall, generally on at least a quarterly basis, cause the official zoning map composite to be revised and updated in order to include all changes to date and to replace the original or amended official zoning map which is part of this title. No changes shall be made upon such revised map that have not been made through regular zones change procedure.
(Ord. 80 Art. V(I)(16), 1984; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)
§ 9.74.170 Text amendment procedure.
Any amendment to the text of this chapter which imposes any regulation not heretofore imposed or removes or modifies any such regulation theretofore imposed may be made according to the procedure set forth in this chapter. However, these directory regulations are mandatory only to the extent made so by the California Planning and Zoning Law.
(Ord. 80 Art. V(I)(17), 1984; Ord. 862 § 2, 2022)
§ 9.74.180 Initiation.
A.
The planning commission may initiate proceedings by motion and then hold public hearings and make a recommendation as provided in this chapter.
B.
The city council may initiate proceedings by motion and then submit the matter to the commission for public hearings.
(Ord. 80 Art. V(I)(18), 1984; Ord. 862 § 2, 2022)
§ 9.74.190 Staff investigation.
The planning division shall study the proposed amendment and shall provide information necessary to assure action consistent with the intent of this ordinance and the general plan and shall report the findings to the commission.
(Ord. 80 Art. V(I)(19), 1984; Ord. 862 § 2, 2022)
§ 9.74.200 Public hearing-Commission-Notice.
A.
The hearing date shall be set by the secretary of the planning commission for not less than ten, nor more than forty-five days after the initiating motion by the commission or council.
§ 9.74.210 Public hearing-Commission-Recommendation.
A.
The commission shall, not less than ten days after the publication or posting of the legal notice of a public hearing on an amendment, hold said public hearing.
B.
Within thirty days after the conclusion of the public hearing, the commission shall file its recommendation with the council together with a report of findings, hearings and other supporting data.
(Ord. 80 Art. V(I)(21), 1984; Ord. 862 § 2, 2022)
§ 9.74.220 Public hearing-Council-Date and notice.
§ 9.74.230 Public hearings-Council-Decision.
A.
The council shall, not less than ten days, nor more than thirty days after the publication of the legal notice of a public hearing on an amendment, hold said public hearing.
B.
The council may adopt by ordinance the amendment recommended by the commission after holding at least one public hearing thereon. The council may modify the amendment recommended by the commission; provided the proposed modification has been referred back to the planning commission for a report, pursuant to subsection C of this section.
C.
The commission shall review the changes proposed and referred to it by the council and shall report its recommendations back to the council, said report to be filed with the council not more than forty days after the referral by the council.
(Ord. 80 Art. V(I)(23), 1984; Ord. 862 § 2, 2022)
§ 9.74.240 Minor amendments.
Minor zoning ordinance text amendments which neither impose new regulations nor remove or modify existing regulations may be initiated and adopted as other ordinances are initiated and adopted.
(Ord. 80 Art. V(I)(24), 1984; Ord. 862 § 2, 2022)
§ 9.74.250 New application.
Following the denial of a zone change application, no application for a zone change for the same or substantially the same zone district on the same or substantially the same site shall be filed within one year from the date of denial unless such denial was a denial without prejudice by the city council.
(Ord. 80 Art. V(I)(25), 1984; Ord. 862 § 2, 2022)
§ 9.76.010 Purpose.
The purpose of a variance shall be to insure that any property, because of special circumstances applicable to it, such as size, shape, topography, location, or surroundings, shall be accorded privileges commonly enjoyed by other properties in the same vicinity when approved by the planning commission.
(Ord. 80 Art. V(J)(1), 1984; Ord. 862 § 2, 2022)
§ 9.76.020 Variance in a use-Prohibited.
In no case shall a variance be granted to permit a use other than a use permitted in that district, this being the rule prescribed by Section 65906 of the Government Code.
(Ord. 80 Art. V(J)(2), 1984; Ord. 862 § 2, 2022)
§ 9.76.030 Findings.
The granting of variances from any property development standard of this title may be authorized by the planning commission when the following conditions exist in reference to the property being considered:
A.
That the granting of such variance will not be materially detrimental to other properties in the area or the permitted use thereof;
B.
That there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply to other properties in the same zone or vicinity;
C.
That the strict application of this title deprives such property of privileges enjoyed by other properties in the vicinity or in the same zone;
D.
That the granting of the variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity or zone in which the property is located; and
E.
That the granting of the variance is compatible with the objectives, policies, general land uses and programs specified in any adopted general plan.
(Ord. 80 Art. V(J)(3), 1984; Ord. 862 § 2, 2022)
§ 9.76.040 Procedure.
A.
Applications. Applications for variances shall be made to the planning commission in writing on forms provided by the city for this purpose and shall set forth in detail such information as may be required and as may relate to the findings specified in Section 9.76.030. Notwithstanding any other provision of this chapter, a uniform fee, as established by the city council, shall be paid upon the filing of each application for a variance. The city planner shall cause to be made an investigation of facts bearing on the application that will provide necessary information to assure that the action on each such application is consistent with the intent and purpose of the ordinance codified herein and shall make these facts part of the case record. No application shall be regarded as having been filed until the fee referred to above has been deposited with the city.
B.
Advertised Public Hearing on Variance Application. Upon receipt of an application for variance, the city planner shall, after any necessary environmental review, set the time and place for an advertised public hearing thereon. Public notice shall be provided in accordance with Chapter 9.09 of this title.
(Ord. 80 Art. V(J)(4), 1984; Ord. 159 § 3, 1986; Ord. 320 § 5, 1991; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022; Ord. 891, 7/9/2025)
§ 9.76.050 Administrative variance.
A request for a minor variance from certain types of zoning regulations or conditions of approval may be approved, conditionally approved, or denied by the city planner as an administrative variance. An administrative variance may be granted without the necessity of a public notice hearing in the limited situations enumerated below:
A.
To allow a decrease not exceeding twenty percent in required minimum setbacks;
B.
To allow a decrease not exceeding ten percent in required parking aisle width or similar dimensional requirements;
C.
To allow walls, fences or hedges to exceed the height limit regulations by a maximum of one foot, except in a required sight triangle;
D.
To allow an increase not exceeding ten percent for maximum building coverage of net lot area, or height; and
E.
To allow other variances as determined appropriate by the city planner upon the city planner's finding that the variance meets or is similar to the aforementioned criteria.
(Ord. 80 Art. V(J), 1984; Ord. 436 § 2, 1996; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)
§ 9.78.010 Purpose.
Cathedral City lies in a natural setting of scenic, natural beauty with year-round weather encouraging outdoor activities. This environment generates a strong catalyst for tourist and recreation-oriented activity with stable family-oriented residential areas. It is the purpose of these provisions to assure that the development of the community compliment the natural environment and is consistent with the goals, policies and programs of the Community Design Element and other relevant elements of the General Plan. The design review process provides for review of the development of permitted uses:
A.
Architectural considerations, including: height, bulk, area, color of buildings, types of construction materials, physical and architectural relationships with existing and proposed structures; height; materials, and variations in boundary walls, fences, exterior elevations of all sides of the buildings or structures, and methods used to screen mechanical equipment from public view.
B.
Landscape and site treatment, including: types of planting and vegetation, rock groupings, topography, methods of irrigation, lighting, and incorporation and placement of utilities and appurtenances.
C.
Site plan analysis, including: traffic circulation, on-site and off-site safety considerations, pedestrian circulation and safety, arrangement of off-street parking and loading facilities, and provision of municipal and public services.
It is intended that these provisions are consistent with and implement the community design and development goals of the general plan. In order to achieve these goals all development whether reviewed by staff, the architectural review committee, planning commission, and/or city council shall be reviewed for compliance with all applicable city municipal codes or design guidelines. |
(Ord. 714 § 7, 2012; Ord. 862 § 2, 2022)
§ 9.78.020 Application.
Application for a design review shall be submitted to the planning department by the owner of the property for which the design review is sought, or by the lessee of the property, or by the agent of any of the foregoing duly authorized in writing on a form provided by the city.
(Ord. 714 § 7, 2012; Ord. 862 § 2, 2022)
§ 9.78.030 Exceptions to design review.
§ 9.78.040 Administrative design review of minor projects subject to staff review.
A.
Minor projects that are permitted uses in the applicable zone shall be approved by staff as defined below:
1.
Change of color scheme of a shopping center;
2.
Family dwellings of five or less units;
3.
Model homes for tract development;
4.
Tennis courts including proposals for lighting;
6.
Buildings that are damaged and not destroyed subject to Chapter 9.86 of this code by fire, earthquake, natural disasters, acts of God, or the public enemy that do not involve expansion of the size of the building;
7.
Changes in façade that do not change the character defining features and/or motif of the building;
8.
Modification to landscaping to satisfy water efficient landscaping rules;
9.
Architectural changes to a building required by a national chain in order to maintain a corporate identity: flexibility in architecture shall be used to provide for complimentary architecture to the surrounding area;
10.
Changes to a conditional use permit that add no floor area to the building or change to the land use and are within the scope of this section may be processed as an administrative design review.
B.
The city planner may refer these types of projects to the architectural review committee and/or planning commission based on any of the following:
1.
The proposed project is deemed to have detrimental impacts to surrounding uses such as traffic, sound, lighting, aesthetics, and/or view sheds;
2.
Negative impacts to the immediate neighborhood or other impacts which will tend to diminish values of or otherwise detrimentally affect neighboring uses or residents.
Applications subject to this section are minor in nature, not subject to the Cathedral City public hearing process and are not subject to the public hearing requirements of California Government Code Section 65090. |
(Ord. 714 § 7, 2012; Ord. 862 § 2, 2022)
§ 9.78.050 Administrative design review actions reviewed by the architectural review committee.
A.
In order to streamline the development process and facilitate economic development, projects that are permitted uses and will not have a significant impact on the surrounding area shall be processed as an administrative design review acted on by the architectural review committee. The architectural review committee shall review the following projects:
1.
Significant changes to the architecture of the building that changes the character defining features of the building.
2.
Building additions to structures that are up to fifty percent of the existing floor area or under twenty thousand square feet whichever number is less.
3.
Pad structures of existing shopping centers not including drive-through facilities.
4.
Exterior changes to the existing landscaping of a gated community, commercial development, or shopping center.
5.
Changes to a conditional use permit that are within the scope of this section may be processed as an administrative design review.
6.
Multi-family developments within the R4 zoning district.
B.
The architectural review committee may refer these types of projects to the planning commission based on any of the following:
1.
The proposed project is deemed to have detrimental impacts to surrounding uses such as traffic, sound, lighting, aesthetics, and/or view sheds.
2.
Negative impacts to the immediate neighborhood or other impacts which will tend to diminish values of or otherwise detrimentally affect neighboring uses or residents.
C.
The architectural review committee shall take final action on projects and may impose conditions of approval.
D.
The architectural review committee's action is final unless appealed to the planning commission subject to the procedure set forth in Section 2.04.100 of this code wherein the planning commission would be substituted for the city council.
E.
These projects are minor in nature and not subject to the Cathedral City public hearing process and are not subject to the public hearing requirements of California Government Code Section 65090. However, in order to support transparent government and community involvement these projects shall be posted on the exterior of City Hall in a place that is accessible during nonworking hours and electronically on the city's website a minimum of five days prior to the meeting of the architectural review committee.
(Ord. 714 § 7, 2012; Ord. 746 § 7, 2014; Ord. 862 § 2, 2022)
§ 9.78.060 Planning commission action.
B.
The findings of staff and the architectural review committee shall be forwarded to the planning commission in the form of a written report.
C.
The planning commission shall have full authority to take final action on projects and can add, modify, or delete any condition of approval recommended by staff or the architectural review committee.
§ 9.78.070 De novo review by city council of planning commission action.
The city council can initiate a de novo review of any design review by requesting the item via the city manager to be on the next city council agenda. If a majority of the quorum present is in agreement to conduct a de novo review they may order a review of all or part of the application in the same manner as provided for Section 9.72.090 of this title. The item shall be presented at a city council meeting after the order of review and the city council shall conduct a de novo review and may add, modify, or delete any part of the project and/or conditions of approval.
(Ord. 714 § 7, 2012; Ord. 862 § 2, 2022)
§ 9.78.080 Processing time limits.
It shall be the responsibility of the city planner or designee to inform the applicant of a design review application of the completeness of such application within thirty days of receipt. If the application is complete, the city planner shall have staff from all impacted departments review the proposal and shall assure that the application is processed through the most expedient process defined in this chapter.
(Ord. 714 § 7, 2012; Ord. 862 § 2, 2022)
§ 9.78.090 Filing procedures.
A.
A request for design review approval shall be submitted on application forms provided by the planning department. The application for such approval shall be filed with the city. If the project concurrently requires a conditional use permit or planned unit development application; the information contained in that application may be used to submit a design review application.
B.
An application for design review shall be supplemented by plans, drawings, photographs, renderings, samples of materials and any other pertinent information, as required by the city planner to adequately portray all applicable aspects of a proposal and adjacent property as required. Plans and drawings shall be signed by the draftsman and the architect, building designer or engineer responsible for their correctness.
(Ord. 714 § 7, 2012; Ord. 862 § 2, 2022)
§ 9.78.100 Time limitation.
A.
A design review shall expire twenty-four months after the original date of approval by the final approving body, unless a completed building permit application has been submitted. A "completed building permit application" shall mean all required fees, structural plans, site plans, grading plans and other documents required pursuant to the design review. The building official in consultation with the city planner shall have authority to determine the sufficiency of the building permit application as complying with the criteria in this section.
B.
A design review shall expire upon expiration of a building permit which has been issued in accordance with subsection A of this section.
C.
When an applicant desires an extension of a design review, and the design review is not coupled with a tentative tract map or parcel map, the final approving body at its sole discretion may grant an extension of time not to exceed one year from the original expiration of said permit.
D.
Notwithstanding Ordinance No. 659, when an applicant desires to be granted an extension of a design review, and the design review is coupled with a tentative tract map or parcel map, the final approving body at its sole discretion may grant an extension of time not to exceed the life of the map including any extensions approved by the city of Cathedral City or by state law.
E.
The application to file an extension for a design review must be filed on a form as provided by the city and must be completed and filed with the city prior to the expiration of said permit.
F.
For purposes of this section, final approving body shall mean the architectural review committee, planning commission, or city council.
(Ord. 714 § 7, 2012; Ord. 862 § 2, 2022)
§ 9.78.110 Maintenance of site, building and landscaping.
Notwithstanding performance standards required to be met under Chapter 9.86, all improvements approved for construction based upon the procedures established herein are required to be maintained so as to substantially comply with the plans approved for construction. The improvements to be maintained include, but are not limited to, site improvements, such as parking and walking surfaces, drainage control facilities, fences, signs, and lights; building and accessory structure improvements, such as paint colors and other finish materials, roofing materials, mechanical equipment, windows, trellises, canopies, and all architectural features; and landscape improvements, such as plant type, size and number and all irrigation system components. Any new signage that is installed must have the surrounding area painted and patched to match the existing area.
(Ord. 714 § 7, 2012; Ord. 862 § 2, 2022)
§ 9.80.010 Purpose and intent.
The purpose of this chapter is to list general requirements for accessory structures, structure heights, yards, walls and fencing which are not provided within the regulations of each zoning district.
(Ord. 80 Art. V(L)(1), 1984; Ord. 371 § 4, 1992; Ord. 862 § 2, 2022)
§ 9.80.020 Accessory structures.
A.
No garage or other accessory structure shall be located in any residential zone without a permitted main building.
B.
Detached accessory structures shall be at least ten feet from other buildings including the main building.
C.
Detached accessory structures shall be at least five feet from a side or rear lot line.
D.
Garages with automobile access from an alley shall not be closer than twenty-five feet from the opposite property line of the alley.
E.
No accessory structure shall occupy any portion of the side yard on the street side of the corner lot, and on a reversed corner lot no accessory structure shall be erected closer to the street than the building line of the adjacent key lot.
F.
Open, non-habitable, structures, including, but not limited to, playground equipment, gazebos, arbors and trellises, are permitted with a maximum height of ten feet above grade if set back from property lines a distance equal to the structure's height, but no less than five feet. Playground equipment and other structures with elevated platforms are limited to a maximum platform height of five feet. Structures with elevated platforms shall require additional landscape screening to restrict views into neighboring residences. Landscape improvements shall include placement of shrubs and trees along the rear and side property lines.
(Ord. 80 Art. V(L)(2), 1984; Ord. 371 § 4, 1992; Ord. 862 § 2, 2022)
§ 9.80.030 Structure heights.
A.
All structures hereafter erected and existing structures which may be reconstructed, altered, moved, maintained, or enlarged shall comply with the height regulations of the zone in which they may be located. Roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building and fire or parapet walls, skylights, towers, church spires, chimneys, smokestacks, wireless masts or similar structures may be erected above the height limits prescribed in this title so long as the same may be safely erected, but no roof structures or any space above the height limit shall be allowed for the purpose of providing additional floor space.
B.
A flagpole, mast, or similar structure, whether freestanding or building mounted, may be permitted by the city planner pursuant to Section 9.78.040, when appurtenant to a developed site and when the height as measured from ground level does not exceed fifty feet in residential zones; sixty feet in commercial or industrial zones on developments of less than fifteen acres in size; and one hundred feet in commercial or industrial zones on developments of fifteen acres or greater in size.
C.
Any flagpole less than fifty feet in height shall be set back twenty feet from any public right-of-way. Any flagpole greater than fifty feet in height shall be set back a minimum of forty feet from any public right-of-way.
(Ord. 80 Art. V(L)(3), 1984; Ord. 327 § 3, 1991; Ord. 450 § 2, 1997; Ord. 563 § 1, 2002; Ord. 862 § 2, 2022)
§ 9.80.040 Lots-Area and dimension.
A.
All buildings hereafter erected and existing buildings which may be reconstructed, altered, moved or maintained, or enlarged shall comply with the area regulations of the zone in which they may be located.
B.
The lot area shall be that prescribed by this title and shall not be reduced, diminished or maintained so that the yard or open spaces are smaller than that prescribed by this title, and the density of population shall not be increased in any manner, except in conformity with the area regulations of the zone in which it is located.
C.
Every building and structure hereafter erected, and every use hereafter undertaken in any zone, shall be located and conducted only on a legal lot which has been surveyed and had monumentation set (as certified by a registered civil engineer or licensed land surveyor), and only within the lot lines of such legal lot.
(Ord. 80 Art. V(L)(4), 1984; Ord. 862 § 2, 2022)
§ 9.80.050 Yards-General conditions.
A.
Yards shall be measured perpendicular to the property line or from a future street or highway line as shown on the general plan or established in the applicable setback regulations.
B.
Yard provisions shall apply to both main and accessory structures unless otherwise specified.
C.
No required yard or other open space around an existing building or any building hereafter erected shall be considered as providing a yard or other open space for another building on an adjoining lot or building site.
D.
A garage door, fence or gate shall not, when open or being opened, project beyond the lot line.
(Ord. 80 Art. V(L)(5), 1984; Ord. 862 § 2, 2022)
§ 9.80.060 Yards-Permitted projections.
A.
Fences may be located within any yard, subject to the provisions contained herein.
B.
Detached accessory structures, including, but not limited to, storage sheds, patio covers, and gazebos, may extend into the side or rear yard setbacks, subject to the provisions of Section 9.80.020 concerning accessory structures.
C.
Fire escapes may extend or project into a yard not more than four feet; provided, however, that the said yard shall not thus be reduced to less than three feet in width.
D.
Cornices, canopies, eaves, belt courses, and other similar architectural features may extend or project into a required front yard not more than four feet, and may extend into a required side or rear yard not more than six inches for each one foot of width of such required side or rear yard.
E.
Uncovered porches, platforms, decks or landing places which do not extend above the level of the first floor of the building may extend into any required front yard a distance of not more than twenty percent of such front yard, and in no instance more than five feet. Such features may extend into any required side or rear yard not more than four feet. An openwork railing may be installed or constructed on any such porch, platform, deck or landing place provided it does not exceed thirty-six inches in height for residential use, and forty-two inches for a commercial use. Open, unenclosed stairways or balconies not covered by a roof or a canopy may extend or project in to a required front yard not more than four feet.
(Ord. 80 Art. V(L)(6), 1984; Ord. 244 § 4, 1989; Ord. 371 § 5, 1992; Ord. 862 § 2, 2022)
§ 9.80.070 Yards-Special conditions.
A.
Front Yard Exceptions. The following special provisions shall apply to all R1-7.2, R1-10, R1-12, RR, R2, RM, R3, RH, and PPO zones:
1.
Key lots shall have a front yard not less than the front yard for the adjoining interior lot. When the front yard on the adjoining interior lot is less than prescribed by this title, the key lot front yard may be the same, but shall in no case be less than twenty feet. In partially built-up blocks, no front yard need be deeper than the average depth of the front yards next thereto on each side, but shall in no case be less than twenty feet. A vacant lot or a lot occupied by a building with a front yard more than twenty-five feet deep shall be deemed to have a front yard twenty-five feet deep.
2.
On R1 zoned lots located on secondary, major or arterial highways, perimeter walls up to six feet high may encroach into the setback of a front yard abutting such highway, to within ten feet of the front property line.
B.
Other Special Yard Requirements. The following requirements shall apply:
1.
Churches, schools, institutions, or other similar uses when permitted in an R zone shall be removed at least twenty feet from every boundary line of the property, and no front yard as required in such zone or side yards as required shall be used for play or parking purposes.
2.
a.
The minimum side and rear yard setback requirement for swimming pools shall be five feet. Swimming pools shall not be permitted in a required front yard.
b.
Setbacks for pool pump and filter installations shall be a minimum of ten feet from any property line. The city planner may reduce the required setback for pumps and filters when a solid five-foot high masonry wall (minimum height) is situated between such equipment and any adjacent property line with said wall extending a minimum distance of two feet beyond any portion of such equipment. The city planner may also approve an alternate method of sound control in lieu of a block wall where it is found that an equivalent noise reduction is achieved.
3.
Reversed corner lots shall have a side yard on the street side of a width not less than ten feet.
4.
Developments with one "O" side yard may be allowed by conditional use permit in an R1 or R2 zone, provided that appropriate and necessary covenants, conditions and restrictions are agreed upon and recorded by the involved property owners.
5.
All ground equipment shall be set back a minimum of three feet from the property lines. Generators shall be set back a minimum of ten feet from any property line. The city planner may reduce the required setback for generators when a solid five-foot high masonry wall (minimum height) is situated between such equipment and any adjacent property line with said wall extending a minimum distance of two feet beyond any portion of such equipment.
(Ord. 80 Art. V(L)(7), 1984; Ord. 326 § 2, 1991; Ord. 361 § 2, 1992; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)
§ 9.80.080 Swimming pool enclosures.
Swimming pools for R1 zone properties shall be entirely enclosed by buildings, fences, or walls which are not less than five feet in height at any point, measured immediately adjacent to any such building, fence or wall on the side of such building, fence or wall opposite the swimming pool. Said fence or wall shall have self-latching gates or doors not less than five feet in height, and each such gate or door shall have latches not less than four feet above the ground level. All fencing and walls must be in place and approved by the building inspector before water shall be allowed in a pool.
(Ord. 80 Art. V(L)(8), 1984; Ord. 862 § 2, 2022)
§ 9.80.090 Corner cut-off areas-Visibility regulations.
A.
There shall be no parking permitted or vertical obstructions constructed within corner cut-off areas except as provided in this chapter.
B.
The following regulations shall apply to all intersections of streets, alleys, private driveways and any combination thereof in order to provide adequate visibility for vehicular traffic.
(Ord. 80 Art. V(L)(9), 1984; Ord. 862 § 2, 2022)
§ 9.80.100 Corner cut-off areas-Exceptions.
A.
Light poles, sign supports, fences, roof overhangs, plant materials or other similar structures may be permitted within the corner cut-off area subject to the approval of the city planner and city engineer; provided however, that:
1.
Only one structure or obstruction may be permitted in the corner cut-off area. Such structure or obstruction shall not have a horizontal dimension greater than twelve inches between the elevation of three feet and ten feet above the adjacent street, driveway or alley pavement.
2.
The corner cut-off area shall be for pedestrian use or landscaped and maintained subject to the approval of the city planner.
B.
Structures or plant material may be located within the corner cut-off area if no part of said structure or plant material exceeds three feet in height above the adjacent street, driveway or alley pavement.
(Ord. 80 Art. V(L)(10), 1984; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)
§ 9.80.110 Corner cut-off areas-Location of end points.
End points for corner cut-off lines shall be the following distances from the corner:
A.
On major or secondary street right-of-way lines: thirty feet;
B.
On collector street right-of-way lines: twenty-five feet;
C.
On local street right-of-way lines: twenty feet;
D.
On alley right-of-way lines: ten feet; and
E.
On private driveway lines: ten feet.
(Ord. 80 Art. V(L)(11), 1984; Ord. 862 § 2, 2022)
§ 9.80.120 Permitted enclosures.
A.
Except for fences required per the zone district regulations, fencing is not required. However, if constructed, fencing within rear and side yards shall not exceed six feet in height. The fence may be constructed of any solid or open material except barbed wire, razor wire, electrified fence, or used materials of any kind. Alternative construction material and various metals and composites for walls and fences may be approved by the city planner, which decision may be appealed to the architectural review committee by the applicant. Solid fencing within front yards shall not exceed a height of forty-two inches and shall be constructed with finished appearance consistent with the architecture of the main building and the rear and side yard fence. Open fences not exceeding six feet in height are permitted in front yards, but chain link and other wire fences shall not be permitted. Measurement of all fencing height shall be made from the ground or from the top of a retaining wall, if fence is placed on such a wall.
B.
In the case of corner lots where driveways extend into the side yard, fences, hedges or walls shall inset at a forty-five degree angle fifteen feet on each side of such driveway; provided, however, that this subsection shall not apply to any security fence or wall as set forth in subsection C of this section, nor to the erection of fences, walls or hedges around any building or structure used for providing public utility services.
C.
Fences and walls in industrial and agricultural zones may have an additional two feet of security fencing added onto the enclosure permitted by subsection A of this section.
D.
Fences, walls and hedges not exceeding twelve feet in height shall be permitted to enclose tennis courts located within the rear half of the lot; provided, however, such enclosure shall be located not less than three feet from any side or rear property line; and provided, further, however, that any portion of said enclosure which is higher than six feet shall be composed of wire mesh or other material whose vertical surface shall not be closed more than ten percent.
E.
Notwithstanding anything to the contrary in this title, fences enclosing public utility stations, substations, or other similar facility may be erected at any height as required by the California Public Utilities Commission.
(Ord. 80 Art. V(L)(12), 1984; Ord. 244 §§ 5, 6, 1989; Ord. 814 § 1, 2018; Ord. 862 § 2, 2022)
§ 9.80.130 Storage containers.
Storage containers may be allowed by a special use permit or conditional use permit depending on the length of time the container will be used. In order to be allowed the container must be anchored on a concrete pad and the exterior colors and materials must be similar as those of the main building.
(Ord. 80 Art. V(L)(13), 1984; Ord. 470 § 11, 1998; Ord. 862 § 2, 2022)
§ 9.82.010 Purpose and intent.
It is the purpose and intent of this chapter to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of sexually oriented businesses within the city, thereby reducing or eliminating the adverse secondary effects from such sexually oriented businesses. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of the chapter to condone or legitimize the distribution of obscene material.
(Ord. 80 Art. V(M)(1), 1984; Ord. 347 § 7; Ord. 862 § 2, 2022)
§ 9.82.020 Definitions.
All specially defined words and phrases concerning sexually oriented businesses which are set forth in Chapter 5.18 of this code shall be incorporated herein by this reference as though fully set forth at length.
(Ord. 80 Art. V(M)(2), 1984; Ord. 347 § 7; Ord. 480 §§ 1, 2, 1998; Ord. 862 § 2, 2022)
§ 9.82.030 Establishment and classification of businesses regulated.
The establishment of any sexually oriented business shall be permitted only in those particular specified commercial or industrial zones where such uses are permitted, and shall be subject to the following restrictions. No person shall cause or permit the establishment of any of the following sexually oriented businesses, as defined above, within one thousand feet of another such business or within seven hundred fifty feet of any religious institution, school, boys' club, girls' club, or similar existing youth organization, or public park, or any public building regularly frequented by children, or within seven hundred fifty feet of any property in the city zoned for residential use, or within two hundred fifty feet of East Palm Canyon Drive (State Route 111); subject to the exceptions provided in Section 9.82.050. These limitations apply to sexually oriented businesses classified as follows:
A.
Adult arcade;
B.
Adult bookstore, adult novelty store, or adult video store;
C.
Adult cabaret;
D.
Adult motel;
E.
Adult motion picture theater;
F.
Adult theater;
G.
Massage parlor;
H.
Sexual encounter establishment;
I.
Escort agency; or
J.
Nude model studio.
(Ord. 80 Art. V(M)(3), 1984; Ord. 347 § 7; Ord. 411 § 2, 1995; Ord. 862 § 2, 2022)
§ 9.82.040 Measurement of distance.
A.
Distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any sexually oriented business and any religious institution, school, boys club, girls club, or similar existing youth organization, or public park or public building regularly frequented by children or any properties zoned for residential use, or East Palm Canyon Drive (State Route 111) shall also be measured in a straight line, without regard to intervening structures or objects from the nearest portion of the building or structure used as part of the premises where sexually oriented business is conducted, to the nearest property line of the premises of a religious institution, public or private elementary or secondary school, or the nearest boundary of an affected public park, public building regularly frequented by children, residential district, or residentially zoned lot, or to the nearest right-of-way line of East Palm Canyon Drive (State Route 111).
B.
Where a pedestrian or vehicle crossing of the Whitewater Channel or North Cathedral Channel occurs (as related to Section 9.82.050(G)), distance between any two sexually oriented business or between a sexually oriented business and any of those uses listed in Section 9.82.030, shall be measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where the sexually oriented business is conducted, to the channel crossing and then measured from the channel crossing to the nearest property line of the premises of any of those uses listed in Section 9.82.030, or to the nearest portion of any building or structure used as part of the premises where the sexually oriented business is conducted. The combined measurements shall be required to meet the applicable separation standard.
(Ord. 80 Art. V(M)(4), 1984; Ord. 347 § 7 (part); Ord. 411 § 2, 1995; Ord. 862 § 2, 2022)
§ 9.82.050 Location of sexually oriented businesses.
The city's zoning title requires that sexually oriented business shall be permitted only in a zone where such uses are specifically permitted (PCC, CTR, CBP-2, and I-1 zones, at time of adoption of the ordinance codified in this section.) Permits for sexually oriented businesses shall be required and governed by the procedures and policies specified in Chapter 5.18 of this code. In addition, any sexually oriented business shall be subject to the following restrictions:
A.
The person commits a misdemeanor if he operates or causes to be operated a sexually oriented business outside of the permitted zones (PCC, CTR, CBP-2, and I-1).
B.
The person commits a misdemeanor if he operates or causes to be operated a sexually oriented business within seven hundred fifty feet of: (1) any religious institution; (2) any school; (3) the boundary of any Cathedral City residential district; (4) a public park adjacent to any residential district; or (5) a boys' club, girls' club, or similar existing youth organization, or a public park or public building regularly frequented by children.
C.
A person commits a misdemeanor if he operates or causes to be operated a sexually oriented business within one thousand feet of another such business, which will include any adult arcade, adult book store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor or any sexual encounter establishment.
D.
A person commits a misdemeanor if he operates or causes to be operated a sexually oriented business within two hundred fifty feet of East Palm Canyon Drive (State Route 111).
E.
A person commits a misdemeanor if he causes or permits the operation, establishment, or maintenance of more than one sexually oriented business within the same building, structure, or portion thereof, or causes the substantial increase of floor areas of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.
F.
Nothing in this chapter prohibits the location of a sexually oriented business within a regional retail shopping mall which consists of no less than two hundred fifty thousand square feet under one roof, and containing not less than fifteen separate businesses under that same roof in any commercial or industrial zone wherein such sexually oriented business will have its only frontage upon enclosed malls or malls isolated from direct view from public streets, parks, schools, churches, or residentially zoned property.
G.
Nothing in this chapter prohibits the location of a sexually oriented business within any distance from another sexually oriented business or from any other sensitive use as to which location is regulated under subsection B of this section, where the impassable barrier of the Whitewater River Channel or North Cathedral Channel, separates such use from any other such sexually oriented business or other sensitive use as described in subsection B of this section. This exception does not apply in areas where pedestrian and/or vehicle crossings of the channels occur, thus creating a passable condition.
(Ord. 80 Art. V(M)(5), 1984; Ord. 347 § 7 (part); Ord. 411 § 2, 1995; Ord. 862 § 2, 2022)
§ 9.82.060 Other zoning regulations.
A.
Any sexually oriented businesses operating on December 4, 1991 that is in violation of Sections 9.82.010 through 9.82.050 of this chapter, shall be deemed a nonconforming use. A nonconforming use will be permitted to continue for a five year period with possible extensions for extenuating circumstances to be granted by the city council only upon a convincing showing of extreme financial hardship. Such extensions shall not exceed a total of fifteen years in addition to the initial amortization period. A more restrictive amortization period has been found to be valid in Lydo, Inc. vs. City of Las Vegas, United States Court of Appeals for the Ninth Circuit, 745 F.2d 1211. Any such nonconforming business loses its right to operate as a nonconforming use, if, for any reason, it voluntarily discontinues its business operation for a period of thirty days or more or if its license to operate is revoked and such revocation covers a period of thirty days or more and such revocation is not overturned by a court of competent jurisdiction. Such nonconforming uses, while nonconforming, shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within one thousand feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at the particular location is the conforming use and the later established businesses or businesses are nonconforming.
B.
A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of a sexually oriented business permit and/or license, within one thousand feet of the sexually oriented business, or the location subsequent to the grant of a sexually oriented business permit or license, of a church, public or private elementary or secondary school, public park, public building regularly frequented by children, or residential district, within seven hundred fifty feet of the sexually oriented business. This provision applies only to the renewal of a valid permit and/or license, but this provision does not apply when an application for a permit and/or license is submitted after a permit and/or license has expired or has been revoked.
C.
Subject to the licensing, regulatory and other requirements of Chapter 5.18 of this code, the city council may waive the separation requirements of this chapter with respect to a sexually oriented business within the relocation zone, as hereinafter defined, if the city council makes specific determinations that the waiver or waivers will:
1.
Not result in a disturbance of the peace, good order or quiet enjoyment of residences, schools, churches or parks within seven hundred fifty feet of the relocated site; Smith v. County of Los Angeles, 24 Cal.App.4th 990 (1994); Grayned v. The City of Rockford (1972) 408 U.S. 104; and
2.
The exterior appearance of the structure occupied by the relocated sexually oriented business will not be inconsistent with the external appearance of commercial structures already constructed within the immediate neighborhood so as to cause blight, deterioration or substantially diminish or impair property values within the neighborhood. Said inconsistency shall be found only if the exterior appearance of the sexually oriented business is conspicuous in relation to other commercial uses in the vicinity with regard to their exterior appearance and signage; and
3.
The sexually oriented business use will be consistent with the adopted general plan and zoning ordinance of the city; and
4.
The relocation will assist in the resolution of a pending lawsuit between the city and an owner of a preexisting business involving issues pertaining to the city's sexually oriented business regulations; and
5.
Will be consistent with the redevelopment and standards as set forth by the city in its redevelopment code.
For purposes of this subsection, "Relocation zone" means and refers to that area of the city designated as such on that certain map attached as Exhibit "A" to Ordinance 467. This subsection shall terminate and expire on January 1, 1998, after which it shall be of no force and effect. After expiration of this subsection, any specific waivers granted under this subsection shall continue in full force and effect. Further, this subsection shall be limited to those pre-existing businesses, which are not currently located within the relocation zone but are currently operating within the city as a sexually oriented business or a similar type of business pursuant to a validly issued sexually oriented business license or other validly issued business license issued by the city. |
(Ord. 80 Art. V(M)(6), 1984; Ord. 347 § 7 (part); Ord. 460 § 2, 1997; Ord. 461 § 2, 1997; Ord. 466 § 1, 1997; Ord. 467 § 1, 1997; Ord. 862 § 2, 2022)
§ 9.84.010 Purpose.
This chapter is to define various types of recreational vehicle parks and recreational vehicle campgrounds, and to provide for their proper development, as opposed to mobile home parks, and to provide a reasonable compatibility with adjoining properties while allowing a diversity of uses. Furthermore, these provisions provide for the continuance of existing travel trailer parks and recreational vehicle parks not in compliance with this code.
(Ord. 80 Art. V(N)(1), 1984; Ord. 187 § 11, 1987; Ord. 862 § 2, 2022)
§ 9.84.020 Permitted zone districts.
A.
A recreational vehicle park is permitted in the Resort Residential ("RR") and Commercial Tourist and Recreational ("CTR") districts by an approved conditional use permit. Such a use is not permitted in any other district.
B.
Those recreational vehicle parks with an approved conditional use permit existing in a district other than RR or CTR as of February 27, 2002, shall be permitted to exist in the city of Cathedral City as a legal nonconforming use, as that term is defined in the zoning regulations of the Cathedral City Municipal Code.
(Ord. 80 Art. V(N)(2), 1984; Ord. 187 § 11, 1987; Ord. 560 § 2, 2002; Ord. 862 § 2, 2022)
§ 9.84.030 Permitted uses.
A.
Use Provisions Applicable to All Recreational Vehicle Parks.
1.
Placement of recreational vehicles for nonpermanent residency. Note: per city definition a recreational vehicle does not include park trailers or mobile homes.
2.
Permanent residency for manager or other employees in the operation of the park, provided they are not housed in a recreational vehicle or park trailer.
3.
Delicatessen, snack bar and food store, provided this use is fully contained in a social or recreation center at least one hundred feet from any property line of the recreational vehicle park, and serving only park guests.
4.
Recreational vehicle campgrounds as an ancillary use to a recreational vehicle park in specifically designated areas. See Section 9.84.270 for development and operational regulations.
5.
Office space that is utilized solely for park operations, including, but not limited to, use for the sales and/or rentals of lots within a recreational vehicle park.
6.
Similar Uses. The planning commission may, by the conditional use permit approval, permit any other uses which it may determine to be similar to those listed above, operated exclusively for the convenience of recreational vehicle park residents, and not more obnoxious or detrimental to the public health, safety and welfare, or to other uses permitted in the park, as provided in this code. All uses shall be subject to the property development standards contained herein.
B.
Rental Parks. Additional uses applicable to rental recreational vehicle parks: placement of park trailers in lots specifically designed for such units.
C.
Ownership/Membership Parks. Additional uses applicable to ownership/membership recreational vehicle parks: no additional uses. Note: placement of park trailers in lots specifically designed for such units are permitted within ownership/membership recreational vehicle parks.
D.
Extended Occupancy Parks. Additional uses applicable to extended occupancy parks: placement of park trailers in lots specifically designed for such units.
(Ord. 80 Art. V(N)(3), 1984; Ord. 187 § 11, 1987; Ord. 560 §§ 3—5, 2002; Ord. 862 § 2, 2022)
§ 9.84.050 Prohibited uses.
A.
Permanent Residency. Except for park management and maintenance personnel, there shall be no permanent residency in a recreational vehicle park.
B.
Nonresidential Uses. Except as otherwise expressly provided herein, no part of the park shall be used in any way, directly or indirectly, for any business, commercial, manufacturing, mercantile, storing, vending or similar purpose or any other purpose unrelated to a recreational vehicle park.
C.
Home Occupations. Not permitted within any recreational vehicle, park trailer or residence within a recreational vehicle park.
D.
Propane. The on-site sale of propane is prohibited, except from a mobile commercially-licensed vendor.
(Ord. 80 Art. V(N)(5), 1984; Ord. 187 § 11, 1987; Ord. 560 § 7, 2002; Ord. 862 § 2, 2022)
§ 9.84.060 Accessory structures.
A.
General. The following structures and their uses are permitted in all recreational vehicle parks:
1.
Mobile Homes. Not more than one mobile home lot for every two hundred RV spaces may be placed in a recreational vehicle park. The mobile home is to be occupied only by the owner, the manager, or employee in the operation of the park. Such mobile home space and mobile home shall comply with all requirements and definitions set forth in Mobile Home Park Standards (Chapter 9.64.)
2.
One single-family residence for the owner or manager of a recreational vehicle park. The yard requirements for this single-family residence in this zone shall be the same as provided in the Rl-7.2 residential district. The minimum site area requirement for this residence shall be six thousand square feet. The residence may include office space for use in connection with the park operation.
3.
Social and recreational center, provided such center is at least one hundred feet from any property line of the recreational vehicle park.
4.
Private recreation facilities for the use of the occupants of the park and their guests, such as swimming pool, putting greens and shuffleboard courts.
5.
Common laundry facilities, provided there is no dry-cleaning equipment or outdoor laundry drying.
6.
Common Shower, Bath, and Locker Room Facilities. Not permitted on recreational vehicle lot as separate structure.
7.
Structures to assist the handicapped.
B.
Rental Parks. No additional accessory structures permitted.
C.
Ownership/Membership Parks. Storage structures, provided that:
1.
The storage structure does not exceed dimensions of ten feet in width, nine feet in depth and seven feet in height.
2.
The storage structures within a given park are similar in design, style, quality and building materials to other such structures or approved theme designs in the park.
3.
The storage structures are located within the rear half of the lot.
4.
There is a maximum of one storage structure per recreational vehicle lot.
(Ord. 80 Art. V(N)(6), 1984; Ord. 187 § 11, 1987; Ord. 560 §§ 8—11, 2002; Ord. 862 § 2, 2022)
§ 9.84.070 Prohibited accessory structures.
The following structures are prohibited within all recreational vehicle lots:
A.
Any enclosed habitable buildings, except as otherwise specifically permitted herein.
B.
Garages and carports, except carports built as part of a patio cover where specifically permitted herein.
(Ord. 80 Art. V(N)(7), 1984; Ord. 187 § 11, 1987; Ord. 560 § 12, 2002; Ord. 862 § 2, 2022)
§ 9.84.090 Density.
The maximum net density in the various permitted recreational vehicle parks is as follows:
A.
Rental Parks. The number of recreational vehicle lots shall not exceed fifteen per acre.
B.
Ownership/Membership Parks. The number of recreational vehicle lots shall not exceed twelve per acre.
C.
Extended Occupancy Parks. The number of recreational vehicle lots shall not exceed ten per acre.
(Ord. 80 Art. V(N)(9), 1984; Ord. 187 § 11, 1987; Ord. 862 § 2, 2022)
§ 9.84.100 Area of parks and lots.
A.
Park Area. Each recreational vehicle park shall have a minimum of ten acres measured from the property lines of the park.
B.
Rental Park. Minimum area of recreational vehicle lot shall be two thousand square feet.
C.
Ownership/Membership Park. Minimum area of recreational vehicle lot shall be two thousand square feet.
D.
Extended Occupancy Park. Minimum area of each recreational vehicle lot shall be two thousand square feet.
E.
Existing Ownership/Membership Park. In ownership/membership parks existing at the time of the adoption of these regulations, no park trailers shall be placed on a recreational vehicle lot less than one thousand five hundred square feet in area.
(Ord. 80 Art. V(N)(10), 1984; Ord. 187 § 11, 1987; Ord. 560 § 14, 2002; Ord. 862 § 2, 2022)
§ 9.84.110 Frontage of parks and lots.
A.
Park Frontage. Each recreational vehicle park shall have a minimum frontage on a public street of three hundred feet.
B.
Rental Park. The frontage of a recreational vehicle lot shall be a minimum of forty feet on a road way.
C.
Ownership/Membership Park. The frontage of a recreational vehicle lot shall be a minimum of thirty feet on a roadway.
D.
Extended Occupancy Park. The frontage of a recreational vehicle lot shall be a minimum of forty feet on a roadway.
(Ord. 80 Art. V(N)(11), 1984; Ord. 187 § 11, 1987; Ord. 862 § 2, 2022)
§ 9.84.120 Yards and setbacks.
B.
Setbacks. The body of any recreational vehicle, park trailer or structure, except seat walls, may not be placed within three feet of a roadway, rear lot line or one of the side lot lines. However, storage structures may be placed on cement pads that were in existence prior to the effective date of October 16, 1987, regardless of setback. Setbacks are not required where the lot line is adjacent to a common open area that is at least ten feet in width at that point.
C.
Separations. The minimum distance between the body of any recreational vehicle, including slide outs, or park trailer and any other recreational vehicle, including slide outs, or park trailer shall be ten feet.
(Ord. 80 Art. V(N)(12), 1984; Ord. 187 § 11, 1987; Ord. 560 § 15, 2002; Ord. 862 § 2, 2022)
§ 9.84.130 Landscaping.
A.
Park Yards. All required yards within a recreational vehicle park shall be fully landscaped and irrigated. No required parking or vehicular maneuvering areas shall be permitted in required yards, except entry roads crossing through said yards.
B.
Common Areas. All common open areas, except for natural areas, shall be landscaped and irrigated whenever possible.
C.
Landscape Materials. Drought tolerant landscaping shall be utilized whenever possible to minimize water usage. Turf may be utilized with a desert plant palette for variety, however; six inch concrete mow strips shall separate turf from desert landscaping in any common area.
D.
Patio Area. Each recreational vehicle lot shall contain at least two hundred square feet of outdoor patio area.
(Ord. 80 Art. V(N)(13), 1984; Ord. 187 § 11, 1987; Ord. 560 § 16, 2002; Ord. 862 § 2, 2022)
§ 9.84.140 Common recreation area.
Common recreation area shall be required for all recreational vehicle parks. The recreation area may contain social halls, swimming pools, game courts, open areas, and/or other similar recreational facilities or uses. Open areas may be either designed for active or passive recreation, provided that the slope of the land does not exceed a gradient of ten percent. Grades above ten percent shall be common area, but not counted as recreation area. The minimum amounts of common recreation area shall be provided as follows:
A.
Rental Parks. Two hundred square feet per recreational vehicle lot.
B.
Ownership/Membership Parks. Three hundred square feet per recreational vehicle lot.
C.
Extended Occupancy Parks. Four hundred square feet per recreational vehicle lot.
(Ord. 80 Art. V(N)(14), 1984; Ord. 187 § 11, 1987; Ord. 560 § 17, 2002; Ord. 862 § 2, 2022)
§ 9.84.150 Perimeter screening.
A perimeter screen of dense living plant material that shall grow to at least six feet in height shall be maintained around the perimeter of any recreational vehicle park and a decorative block wall of at least six feet in height shall be provided. Such a planting screen or wall shall not exceed three feet in height for a distance of twenty feet on either side of the principal entrance of the park for the safety of vehicles entering and leaving the premises. Requirements of this section may by modified by the planning commission if a project presents specific circumstances that would prohibit compliance with this regulation.
(Ord. 80 Art. V(N)(15), 1984; Ord. 187 § 11, 1987; Ord. 560 § 18, 2002; Ord. 862 § 2, 2022)
§ 9.84.160 Lighting.
A.
Lighting shall be indirect, hooded and positioned so as to reflect onto the roadway and away from the recreational vehicle lot and adjoining property.
B.
Lighting standards shall not exceed ten feet in height. The height of all light standards shall be measured from the elevation of the adjoining pavement of the roadway. Lighting standards in recreational areas may be higher than ten feet if specifically approved by the planning commission.
(Ord. 80 Art. V(N)(16), 1984; Ord. 187 § 11, 1987; Ord. 602 § 2, 2005; Ord. 862 § 2, 2022)
§ 9.84.170 Improvement of lots and coverage.
All recreational vehicle lots shall contain paved areas for automobile parking, outdoor patio and for the parking of the recreational vehicle or park trailer, provided that no more than seventy-five percent of each lot is covered with hard surface material. Hard surface material shall include concrete cement, brick, pavers, gravel, or any other material that is nonpermeable. This coverage requirement does not apply to landscape areas and/or materials such as decomposed granite, decorative rock or loose pavers. Asphalt is not permissible on individual lots.
(Ord. 80 Art. V(N)(17), 1984; Ord. 187 § 11, 1987; Ord. 560 § 19, 2002; Ord. 862 § 2, 2022)
§ 9.84.180 Automobile parking.
Minimum parking spaces for automobiles shall be as follows:
A.
Recreational Vehicle Lot. One parking space to be provided on each recreational vehicle lot.
B.
Rental Parks Visitors. One parking space for every twenty-five recreational vehicle lots.
C.
Ownership/Membership Parks Visitors. One parking space for every twenty-five recreational vehicle lots.
D.
Extended Occupancy Parks Visitors. One parking space for every ten recreational vehicle lots.
E.
The visitor parking spaces shall be located to provide direct access and convenient use by visitors.
F.
All parking spaces shall be paved to the satisfaction of the city engineer and meet minimum dimensions of this code.
(Ord. 80 Art. V(N)(18), 1984; Ord. 187 § 11, 1987; Ord. 862 § 2, 2022)
§ 9.84.190 Vehicular access.
A.
Entry Roads. The entry roads shall be at least one hundred feet in length from the property line and shall have no access to recreational vehicle lots or roadways. Access from an entry road to an interior roadway may occur after the first one hundred feet of required access road.
B.
Lot Access. Each recreational vehicle lot shall front on a roadway. No recreational vehicle lot shall take access from a public street, alley or entry road. Upon development, each recreational vehicle lot shall be designed at an angle from the roadway in order to provide recreational vehicle parking access to the lot.
C.
Roadway Width and Specifications. All roadways shall be designed and constructed in conformance with all applicable codes and regulations, including, but not limited to, the Uniform Building Code and the Uniform Fire Code.
(Ord. 80 Art. V(N)(19), 1984; Ord. 187 § 11, 1987; Ord. 560 § 20, 2002; Ord. 862 § 2, 2022)
§ 9.84.210 Outdoor storage.
A.
No construction or flammable material shall be stored within a recreational vehicle lot, road or common areas except in special storage areas.
B.
Central/common and special storage areas shall be screened by an opaque living hedge or masonry wall not less than five feet in height and shall be clearly designated on the approved plans.
(Ord. 80 Art. V(N)(21), 1984; Ord. 187 § 11, 1987; Ord. 560 § 22, 2002; Ord. 862 § 2, 2022)
§ 9.84.220 Trash removal.
A trash removal plan for the recreational vehicle park shall be submitted at the time of application. This plan must include the type of trash collection facilities; location, size, and number of trash receptacles; and frequency of removal. Trash collection areas shall be fully screened and inaccessible to animals.
(Ord. 80 Art. V(N)(22), 1984; Ord. 187 § 11, 1987; Ord. 862 § 2, 2022)
§ 9.84.240 Utilities.
A.
Electrical Service. Only one power supply connection shall be made to a recreational vehicle. Electric power supply equipment shall be located on the rear half of the recreational vehicle lot.
B.
Water Service. Each lot shall be served by a domestic water supply system.
C.
Sewer Service. Recreational vehicle parks shall be connected to sanitary sewer facilities. Each lot shall be serviced by the system and shall provide a connection point to the system that is designed to prevent spillage from contaminating the ground area.
(Ord. 80 Art. V(N)(24), 1984; Ord. 187 § 11, 1987; Ord. 560 §§ 24 and 25, 2002; Ord. 862 § 2, 2022)
§ 9.84.250 Movement of recreational vehicles.
A.
Wheels and/or similar devices shall not be removed from recreational vehicles or park trailers, nor shall any fixture be added or barrier be placed which will prevent the recreational vehicle or park trailer from being moved under its own power or by a passenger vehicle. However, the "tongue" of a park trailer may be removed and fixtures may be placed around the foundation for aesthetic purposes.
B.
Skirting is permitted provided it can easily be removed and there are proper openings for ventilation.
(Ord. 80 Art. V(N)(25), 1984; Ord. 187 § 11, 1987; Ord. 862 § 2, 2022)
§ 9.84.260 Subdivision of lots.
Subdivision to create recreational vehicle lots for sale or long-term lease is permitted within ownership/membership or extended occupancy recreational vehicle parks subject to all applicable codes.
(Ord. 80 Art. V(N)(26), 1984; Ord. 187 § 11, 1987; Ord. 862 § 2, 2022)
§ 9.84.270 Recreational vehicle campgrounds.
Use regulations and development standards for recreational vehicle campgrounds shall be the same as for recreational vehicle rental parks except for the following:
A.
Park trailers are prohibited.
B.
Length of occupancy in any one campsite shall not exceed ninety continuous days or one hundred eighty days in any year, as to any individual, family or other group of persons.
C.
There shall be no maximum area, number of campsites, or frontage except as specified by the permit.
D.
Common recreation area not required except as specified by the permit.
E.
No automobile parking required except for visitor parking as specified by the permit.
F.
Campsites need not be paved.
G.
Curbs are not required on roadways.
H.
Utilities not required to campsites.
(Ord. 80 Art. V(N)(27), 1984; Ord. 187 § 11, 1987; Ord. 862 § 2, 2022)
§ 9.84.280 Existing recreational vehicle parks and campgrounds.
A.
Classifications. As of October 16, 1987, the city recognizes six recreational vehicle parks and one recreational vehicle campground as meeting the recreational vehicle park classification and/or recreational vehicle campground as defined in this code. Since these facilities were approved prior to later code amendments, the classifications as defined herein were not operable at time of approval. Therefore, the following establishes the classifications for the existing parks:
B.
Nonconforming. Where the use, structure, operation or any facility of the above parks and individual lots contained therein does not conform to the regulations of this code, it shall be considered lawfully existing nonconforming and shall be allowed to continue. However, any new use, structure or facility must meet the requirements of this code, except where specifically stated otherwise.
C.
Converting to Other Classification. When an existing recreational vehicle park or recreational vehicle campground as classified herein requests reclassification to another classification, an application for a conditional use permit shall be made to the planning commission as provided in this code. All requirements of the requested classification shall be met.
(Ord. 80 Art. V(N)(28), 1984; Ord. 187 § 11, 1987; Ord. 862 § 2, 2022)
§ 9.84.290 Existing travel trailer parks.
All other recreational vehicle parks, areas in mobile home parks designated for recreational vehicles, trailer courts and other uses containing recreational vehicles and travel trailers are, for the purposes of this code, considered travel trailer parks. Existing travel trailer parks shall not be expanded in area. However, the placing of recreational vehicles and park trailers and accessory structures is permitted provided all applicable building codes are met.
(Ord. 80 Art. V(N)(29), 1984; Ord. 187 § 11, 1987; Ord. 862 § 2, 2022)
§ 9.84.300 Conflicts with zone district requirements.
Where the provisions of this chapter are in conflict with any other provision of the zoning code, the provisions of this chapter shall govern. Where the provisions of this chapter are silent on a matter, other provisions of the zone code shall govern.
(Ord. 80 Art. V(N)(30), 1984; Ord. 187 § 11, 1987; Ord. 862 § 2, 2022)
§ 9.86.010 Purpose and intent.
These performance standards shall be applied as described in this chapter to provide protection to adjoining uses.
A.
Class A performance standards are the most restrictive of the performance standards. They apply to business park zones (CBP-2).
B.
Class B performance standards are intended to provide for a broad range of industrial activity while assuring a basic level environmental protection. They apply to the light industrial zone (I-1).
C.
Class C performance standards shall apply to all zones.
(Ord. 80 Art. V(O)(1), 1984; Ord. 263 § 10, 1989; Ord. 862 § 2, 2022)
§ 9.86.020 Class A.
It is the intent of the standards of this section to ensure a high quality working environment and available sites for industrial and business firms whose functional and economic needs require protection from the adverse effects of noise, odors, vibration, glare or high-intensity illumination, and other nuisances.
A.
Noise. The maximum allowable exterior noise level of any use shall not exceed the levels established by Municipal Code Chapter 11.96.
B.
Vibration. All uses shall be so operated as not to generate vibration discernible without instruments by the average person while on or beyond the lot upon which the source is located or within an adjoining enclosed space if more than one establishment occupies a structure. Vibration caused by motor vehicles, trains, and temporary construction or demolition work is exempted from this standard.
C.
Particulate Matter and Air Contaminants. In addition to compliance with the air pollution control authorities' standards, all uses shall be operated so as not to emit particulate matter or air contaminants which are readily detectable without instruments by the average person while on the lot containing such uses.
D.
Odor. All uses shall be operated so as not to emit matter causing unpleasant odors which are perceptible to the average person while within or beyond the lot containing such uses.
E.
Humidity, Heat and Glare. All uses shall be operated so as not to produce humidity, heat, glare, or high-intensity illumination which is perceptible without instruments by the average person while on or beyond the lot containing the use.
(Ord. 80 Art. V(O)(2), 1984; Ord. 263 § 10, 1989; Ord. 791 § 1, 2017; Ord. 862 § 2, 2022)
§ 9.86.030 Class B.
It is the intent of the standards of this section to provide for uses whose operational needs may produce noise, vibration, particulate matter, and air contaminants, odors, or humidity, heat, and glare which cannot be mitigated sufficiently to meet the Class A standards. The standards are so designed to protect uses on adjoining sites from effects which could adversely affect their functional and economic viability.
A.
Noise. The maximum allowable noise level of any use shall not exceed the levels established by Municipal Code Chapter 11.96.
B.
Vibration. All uses shall be so operated as not to generate vibration discernible without instruments by the average person while on or beyond the lot upon which the source is located or within an adjoining enclosed space if more than one establishment occupies a structure. Vibration caused by motor vehicles, trains, and temporary construction or demolition work is exempted from this standard.
C.
Particulate Matter and Air Contaminants. In addition to compliance with the air pollution control authorities' standards, all uses shall be operated so as not to emit particulate matter or air contaminants which are readily detectable without instruments by the average person beyond any lot line of the lot containing such uses.
D.
Odor. All uses shall be operated so as not to emit matter causing unpleasant odors which are perceptible to the average person beyond any lot line of the lot containing such uses.
E.
Humidity, Heat and Glare. All uses shall be operated so as not to produce humidity, heat, glare, or high-intensity illumination which is perceptible without instruments by the average person beyond the lot line of any lot containing such uses.
(Ord. 80 Art. V(O)(3), 1984; Ord. 263 § 10, 1989; Ord. 791 § 1, 2017; Ord. 862 § 2, 2022)
§ 9.86.040 Class C.
The economic welfare, residential attractiveness, and community character of the city are attributable to its unique aesthetic features and setting. The city finds that proper maintenance of properties is necessary to protect the welfare, attractiveness, and character of the community.
A standard of maintenance guards against unsafe and unhealthful conditions which can cause neighborhood deterioration. Changes to paint colors and all other aspects of a facade must be reviewed and approved by the planning division staff.
A.
Maintenance of Buildings. Buildings, including accessory structures, trellises, awnings, and other similar features, shall be maintained in a condition free of the following abuses, including, but not limited to: loose roofing and siding materials, unconcealed roof equipment, peeling paint or faded stain, broken or cracked windows, any unsafe structural element or other items which would degrade the appearance and/or safety of the structure.
B.
Maintenance of Site Improvements. Site improvements shall be maintained in a condition to guarantee safety and quality appearance and shall include, but not be limited to: parking and walking areas free of weeds and excessive sand and dirt, visible parking lot striping, paving materials (including walkways) which provide a smooth, unbroken surface, unbroken curbs and gutters, litter-free trash and loading areas, walls and fences in a sturdy condition and free of graffiti or the like, fountains or other water uses which are free of potential health dangers, lighting, signs, bicycle racks, internal traffic control items such as speed bumps, and drainage control items which are maintained in safe repair.
C.
Maintenance of Landscaping. Landscaping improvements shall be maintained in a healthy condition and complementary to neighboring buildings and properties. Such maintenance shall include, but not be limited to: lawns which are watered and trimmed to a uniform height (subject to state law limitations on watering requirements), flowers and ground covers which are healthy and uniform in their appearance, and shrubs and trees which are trimmed and pruned to retain their health and adequate clearance over pedestrian and vehicular areas. Landscaping incorporating bare earth or gravel shall be kept free of weed growth. Plant materials designated on a landscape plan shall be retained in their natural shape unless otherwise denoted on the approved plan.
D.
Maintenance of Irrigation Systems. Irrigation systems shall provide adequate irrigation to all plant materials to allow normal growth, retain water within planted areas and be maintained in an operative condition, subject to state law limitations on watering requirements.
E.
Special Requirements. Any other provisions established by the planning commission to ensure proper maintenance of properties including maintenance standards established through design review, conditional use permit, or variance.
F.
Trash Removal. All properties, including vacant properties, shall be kept free of trash, building materials or the storage of other goods which are visible from the street or adjacent properties. Properties shall also be kept free of excessive vegetative undergrowth.
G.
Trash Containers. All uses shall provide on-site location for storage of trash pending removal by a trash removal service. Within the trash storage area trash shall be placed in containers. At all times the trash storage area and containers shall be maintained in a clean, sanitary and safe manner. The trash storage area shall not be situated in any required front or street side yard setback area. The trash containers shall be shielded from view from public streets and adjacent property by solid fencing, walls or opaque plant material. The trash containers shall remain in the trash storage area except during the day of contracted trash removal.
H.
Occupancy. The maximum occupancy in any dwelling unit shall not exceed the following number of adults (eighteen years or older), based on the number of bedrooms per dwelling:
Bedrooms per Dwelling Unit | Maximum Occupancy by Adults |
|---|---|
5 or more | 12 |
4 | 10 |
3 | 8 |
2 | 5 |
1 | 3 |
0 | 2 |
(Ord. 80 Art. V(O)(3), 1984; Ord. 263 § 10, 1989; Ord. 470 § 12, 1998; Ord. 776 § 18, 2016; Ord. 862 § 2, 2022)
§ 9.88.010 Purpose.
The purpose of this chapter is to provide for fences, hedges and walls in other than R1 zones, for the purpose of protecting persons against hazardous conditions, and safeguarding the public welfare by preventing unsightly outdoor storage of materials, equipment and products that devalue the neighborhood and community.
(Ord. 80 Art. V(P)(l), 1984; Ord. 862 § 2, 2022)
§ 9.88.020 Trash enclosure requirements.
A trash enclosure as specified herein shall be provided for all multi-family, office, institutional, commercial and manufacturing uses in any zone, and subject to the following:
A.
Exceptions. The requirement for a trash enclosure shall not apply as to uses where the need is for refuse containers of less than three cubic yards or they are otherwise screened from public view by walls, fences, buildings or planting. Containers of twelve cubic yards or more or compactors with bins of any size shall also be exempt providing the same are painted to blend into the surroundings, and the location thereof does not create a visual nuisance or traffic hazard to the public.
B.
Refuse storage areas may be combined for more than one use, provided the capacity is adequate for all users.
C.
Construction Standards. Trash enclosures shall be of adequate size to contain and obscure from view refuse containers, discarded boxes and other materials required to be screened by this division. Minimum construction standards shall be determined by design review and sound construction methods; provided that the enclosure shall be of adequate size, and shall be properly located for functional use by the user and the disposal company, and the contents shall be obscured from view on all sides and such enclosure shall be built of approved materials compatible with buildings, walls, and surroundings (no wood or chain link except for gates, and no planting).
(Ord. 80 Art. V(P)(2), 1984; Ord. 862 § 2, 2022)
§ 9.88.030 Screening of outdoor storage and uses.
A.
A fence or wall shall be constructed along the perimeter of all areas considered by the architectural review committee and/or planning commission to be dangerous to health or safety.
B.
Residential Uses. Where side or rear yards or residential uses abut streets, commercially zoned property, institutional uses or undeveloped property, the need for fences, hedges or walls shall be a part of the subdivision and/or design review proceedings, and may be required for the health and safety of occupants of the property involved or the general public. Mobile home parks shall be screened Screen walls shall separate apartment projects from single-family zoned property.
C.
Where otherwise permissible in commercial and manufacturing zones, outdoor display shall be maintained in a clean and orderly manner so as not to be detrimental to adjoining properties or to become a visual nuisance to the general public.
D.
Outdoor storage in commercial zones shall be restricted to areas allowed by design review as compatible with adjoining properties and with view-obscuring walls or fences compatible with good design; providing, that such storage does not violate regulations relating to dangerous materials.
(Ord. 80 Art. V(P)(3), 1984; Ord. 862 § 2, 2022)
§ 9.88.040 Adequacy of screening.
Adequacy of screening shall be subject to architectural and site plan review (design review) per Chapter 9.78.
(Ord. 80 Art. V(P)(4), 1984; Ord. 862 § 2, 2022)
§ 9.88.050 Nonconforming properties.
Properties which do not conform to the provisions of this chapter shall be required to comply within the following periods of time:
A.
For trash enclosures: Persons to whom written notification has been provided of the provisions of this chapter related to trash enclosure requirements shall be provided thirty days from the issuance of said notice in which to submit plans to the city for a building permit to construct a conforming trash enclosure. Construction of a conforming trash enclosure shall be completed within thirty days of the date of issuance of said building permit. If the property cannot accommodate a conforming trash enclosure, an equivalent improvement shall be provided as determined by the city planner.
B.
For outdoor storage areas: One year from the date of official notification of a violation, all uses that come under this regulation shall comply, except:
1.
When a complete change of occupancy or use of a building occurs, the required screening must be constructed as a condition of issuance of a certificate of occupancy; and
2.
All new buildings shall comply as a condition of occupancy; and
3.
When a building permit is issued for remodeling or additions with a valuation of three thousand dollars or more, the required screening may be a part of the required improvements.
(Ord. 80 Art. V(P)(5), 1984; Ord. 555 § 4, 2002; Ord. 862 § 2, 2022)
§ 9.88.060 Variances.
Properties which are unable to comply with the provisions of this chapter shall be required to apply for a variance under the provisions of Chapter 9.76.
(Ord. 80 Art. V(P)(6), 1984; Ord. 862 § 2, 2022)
§ 9.89.010 Intent and purpose.
This chapter is intended to provide standards for outdoor lighting so as to maintain ambient lighting levels as low as possible in order to enhance the city's community character and charm and maintain dark skies; provide for good visibility while maintaining minimum glare and spillage onto other properties or into the sky; and maintain safety, utility, security and productivity while enhancing nighttime enjoyment of property and the night skies.
(Ord. 602 § 1, 2005; Ord. 862 § 2, 2022)
§ 9.89.020 Applicability.
All outdoor artificial lighting devices shall be installed and operated in accordance with the provisions of this chapter, and any Uniform Building Code, Uniform Electrical Code, NEC codes, NFPA codes or any other code presently or subsequently administered or adopted by the city.
(Ord. 602 § 1, 2005; Ord. 862 § 2, 2022)
§ 9.89.030 Alternative materials and methods of installation.
The provisions of this chapter are not intended to prevent the use of any material or method of installation not specifically prescribed by this chapter provided any such alternative has been approved by the city planner. Any alternative method must meet the following criteria:
A.
The proposed design, material or method must provide protection that is equivalent to the protection specified in this chapter; and
B.
The proposed alternative method must otherwise comply with the intent of this chapter.
(Ord. 602 § 1, 2005; Ord. 862 § 2, 2022)
§ 9.89.040 Definitions.
For the purposes of this section, certain terms are defined as follows:
means a beam of light projected into the sky.
means any private individual, tenant, lessee, owner, or any commercial entity, including, but not limited to, companies, partnerships, joint ventures or corporations.
means the initial installation of outdoor light fixtures, as defined in this section, following the effective date of this chapter.
means outdoor artificial illuminating devices, outdoor fixtures, lamps and other devices, permanent or portable, used for illumination or advertisement. Such devices shall include, but are not limited to, search, spot and flood lights for:
(Ord. 602 § 1, 2005; Ord. 862 § 2, 2022)
§ 9.89.050 General requirements.
A.
Shielding. All exterior illuminating devices, except those exempt from this chapter and those regulated by Section 9.89.060, shall be fully or partially shielded as required in Table A of this section.
1.
"Fully shielded" means the fixture shall be shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted, thus preventing the emission of light above the horizontal.
2.
"Partially shielded" means the fixture shall be shielded in such a manner that the bottom edge of the shield is below the plane centerline of the light source (lamp), minimizing the emission of light rays above the horizontal.
B.
Filtration. Those outdoor light fixtures requiring a filter per Table A, shall be equipped with a filter consisting of, but not including quartz glass, a glass, acrylic or translucent enclosure.
C.
Requirements for Shielding and Filtering. The requirements for shielding and filtering light emission from outdoor light fixtures shall be as set forth in Table A.
Table A Requirements for Shielding and Filtering of Outdoor Lighting | ||
|---|---|---|
Fixture Lamp Type | Shielding Requirement | Filtering Requirement |
Low pressure sodium 1 | Fully | Yes 4 |
High pressure sodium | Fully | None |
Metal halide 2 | Fully | Yes |
Fluorescent | Fully 3 | Yes 4 |
Quartz 5 | Fully | None |
Incandescent, greater than 160 watts | Fully | None |
Incandescent, 160 watts or less | Partially | Partially |
Mercury vapor | Fully 6 | Yes |
Fossil fuel | None | None |
Glass tubes filled with neon, argon or krypton | None | None |
Other sources | As required by the city planner | As required by the city planner |
1. | This is the preferred light source to minimize undesirable light into the night sky affecting astronomical observations. |
2. | Metal halide display lighting shall not be used for security lighting after eleven p.m. (or after closing hours if before eleven p.m.) unless fully shielded. Metal halide lamps shall be in enclosed luminaries. |
3. | Outdoor advertising signs of the type constructed of translucent materials and wholly illuminated from within do not require shielding. |
4. | Warm white and natural lamps are preferred to minimize detrimental effects. |
5. | For the purposes of this section, quartz lamps shall not be considered an incandescent light source. |
6. | Recommended for existing mercury vapor fixtures. The installation of new mercury fixtures is prohibited. |
(Ord. 602 § 1, 2005; Ord. 862 § 2, 2022)
§ 9.89.060 Prohibited lighting.
A.
Outdoor Building/Landscaping Illumination. The unshielded outdoor illumination of any building, landscaping, signing, or other purpose is prohibited except glass tubes (see Table A).
B.
New Mercury Vapor Installations. The installation of mercury vapor fixtures is prohibited. All existing mercury vapor lights installed shall be fully shielded.
C.
Illuminated Awnings. The use of lighting inside a transparent or translucent ground or wall mounted awning is prohibited.
(Ord. 602 § 1, 2005; Ord. 862 § 2, 2022)
§ 9.89.070 Procedures for compliance.
A.
Applications.
1.
Any individual intending to install outdoor lighting fixtures (other than incandescent lights of one hundred sixty watts or less) shall submit an application to the city planner providing evidence that the proposed work will comply with this chapter.
2.
Any individual applying for a building permit and intending to install outdoor lighting fixtures (other than incandescent lights of one hundred sixty watts or less) shall, as a part of the application, submit such evidence as may be requested to assure that the proposed work complies with this chapter.
3.
Utility companies, lighting or improvement districts entering into a duly approved contract with the city in which they agree to comply with the provisions of this chapter shall be exempt from applying for and obtaining a permit for the installation of outdoor light fixtures, including residential security lighting.
B.
Contents of Application. The application shall contain, but shall not necessarily be limited to, the following:
1.
Plans indicating the location on the premises, the height of the supports and fixtures, and the type of illuminating devices, fixtures, lamps, supports and other devices.
2.
Description of the illuminating devices, fixtures, lamps, supports, shielding, filtering and other devices. This description may include, but is not limited to, wattage, lighting output, manufacturer's catalog cuts and drawings (including sections where required).
3.
The above required plans and descriptions shall be sufficiently complete to enable the city planner to readily determine whether compliance with the requirements of this chapter will be secured. If such plans and descriptions cannot enable this ready determination, by reason of the nature or configuration of the devices, fixtures or lamps proposed, the applicant shall submit evidence of compliance by certified test reports as performed by a recognized testing lab.
C.
Issuance of a Permit. Upon the determination that the installation will be in compliance with the requirements of this chapter, the city planner shall issue a permit for installation of the outdoor lighting fixtures, to be installed per the approved application.
D.
Amendment to Permit. Should the applicant desire to substitute outdoor light fixtures or lamps after a permit has been issued, the applicant must submit all changes to the city planner for approval. Such application for amendment shall contain adequate information to assure compliance with this chapter.
(Ord. 602 § 1, 2005; Ord. 862 § 2, 2022)
§ 9.89.080 Exemptions.
A.
Nonconforming Fixtures. All outdoor light fixtures existing and fully and legally installed, prior to the effective date of this chapter, may indefinitely remain in use as nonconforming structures provided that no change in use, replacement, structural alteration, or restoration of outdoor light fixtures, other than bulb replacement, is made unless such change conforms to the regulations of this chapter.
B.
Fossil Fuel Light. Light fixtures using fossil fuel (i.e., light produced directly or indirectly from the combustion of natural gas or other utility type fossil fuel) are exempt from the requirements of this chapter.
C.
Government Facilities. Those facilities and lands owned and operated or protected by the federal government, the state of California, the county of Riverside, the Palm Springs Unified School District or the city and each of its political subdivisions are exempted from all requirements of this chapter. Voluntary compliance with the intent of this chapter at those facilities is encouraged.
D.
Recreational Facilities. The illumination of outdoor recreational facilities, public and private, is exempt from the requirements of this section with the following limitations:
1.
The light fixtures for outdoor recreational facilities shall meet the shielding requirements in Table A of this chapter.
2.
No such outdoor recreational facility shall be illuminated by nonconforming means after ten p.m. except to conclude a specific recreation or sporting event or any other activity conducted at a ballpark, outdoor amphitheater, arena or similar facility in progress prior to ten p.m.
E.
Vehicle dealerships meeting one of the following conditions:
1.
Any dealership located within the Auto Center Specific Plan (Specific Plan 90-53).
2.
Existing and future automobile dealerships, selling new vehicles, with frontage on East Palm Canyon Drive.
However, new dealerships and new outdoor lighting fixtures installed within existing dealerships shall comply with the shielding and filtering requirements set forth in subsection C of Section 9.89.050 of this chapter. In addition, all dealerships shall conform to Section 9.89.100 (Display Lighting Uses) of this chapter. |
(Ord. 602 § 1, 2005; Ord. 862 § 2, 2022)
§ 9.89.090 Special temporary exemptions.
A.
Request for Special Temporary Exemptions. Any individual may submit an application for a special temporary exemption to the requirements of this chapter to the city planner. Such exemptions shall not be valid for more than thirty days. The request for a special temporary exemption shall contain, at a minimum, the following information:
1.
Specific exemptions and justification for the exemptions requested;
2.
Type, use and hours of operation of the exterior light involved;
3.
Duration of time for the requested exemption;
4.
Type of lamp and calculated lumens;
5.
Total wattage of the lamp or lamps;
6.
Proposed location and height of exterior lights;
7.
Physical size of the exterior lights and the type of shielding and/or filtering provided; and
8.
Previous temporary exemptions, if any.
B.
Findings. The city planner may grant a special temporary exemption upon finding that there are extreme geographic or geometric conditions warranting the exemption and that there are no conforming fixtures that will otherwise suffice. The city planner may request any additional information which would enable him to make a reasonable evaluation of the request for a special temporary exemption.
(Ord. 602 § 1, 2005; Ord. 862 § 2, 2022)
§ 9.89.100 Display lighting use.
Searchlights and laser lights may be permitted subject to the following requirements:
A.
The application for a special use permit must be received thirty days prior to the commencement of the event.
B.
Hours of operation shall be limited from dusk to ten p.m.
C.
Use of the display light(s) is limited to a maximum period of ten days per calendar year.
D.
Approval of the Federal Aviation Agency, if required, shall be obtained prior to each event and notification of permit issuance shall be sent to appropriate authorities at the Palm Springs Municipal Airport.
E.
No other permits have been issued for the same period.
F.
Searchlights shall be operated so as to avoid directing the beam at any building.
G.
Searchlights shall be so operated that the beam is not displayed at an angle greater than forty-five degrees from the vertical.
H.
Equipment shall be kept on private property and shall not be allowed within the public right-of-way.
I.
The applicant shall be required to show evidence of insurability by having liability and property damage insurance in force at all times during the time a permit is in effect sufficient amounts to protect permittee from a liability, and to hold the city harmless from any damages, claims or causes of action by reason of the issuance of the permit and operation of a special advertising device.
(Ord. 602 § 1, 2005; Ord. 862 § 2, 2022)
§ 9.89.110 Off-street parking lighting standards.
Parking areas shall have lighting capable of providing adequate illumination for security and safety consistent with all outdoor lighting standards of the city, including, without limitation, those set forth in this chapter. The minimum requirement for adequate illumination is one foot candle, maintained across the surface of the parking area. Lighting shall be in scale with the height and use of the surrounding structures. Light poles and other similar free standing structures used to house outdoor lighting in off-street parking facilities shall not exceed eighteen feet in height. Any illumination, including security lighting, shall be directed away from adjoining properties and public rights-of-way.
(Ord. 602 § 1, 2005; Ord. 862 § 2, 2022)
§ 9.89.120 Public nuisance.
A violation of Section 9.89.050, 9.89.060, 9.89.070(D) or 9.89.110 of this chapter by any person responsible for committing, causing or maintaining such violations shall constitute a public nuisance which shall be subject to the provisions of Chapter 13.80.
(Ord. 602 § 1, 2005; Ord. 862 § 2, 2022)
§ 9.89.130 Infraction violation.
A violation of Section 9.89.050, 9.89.060, 9.89.070(D) or 9.89.110 of this chapter by any person responsible for committing, causing or maintaining such violations shall constitute an infraction violation and the violator shall be subject to the provisions set forth in Chapter 13.65, including, but not limited to, the imposition of any and all criminal penalties set forth herein.
(Ord. 602 § 1, 2005; Ord. 862 § 2, 2022)
§ 9.89.140 Civil fines.
Any person convicted of an infraction shall, for each separate violation of this chapter, be subject to: (a) a fine in an amount not to exceed two hundred fifty dollars for a first conviction of an offense; (b) a fine in an amount not to exceed five hundred dollars for a second conviction of the same offense within a twelve-month period of the date of the first offense; and (c) a fine in an amount not to exceed seven hundred fifty dollars for the third conviction of the same offense within a twelve-month period of the date of the first offense. The fine for a fourth and subsequent conviction of the same offense within a twelve-month period of the date of the first offense shall be one thousand dollars.
(Ord. 602 § 1, 2005; Ord. 862 § 2, 2022)
§ 9.89.150 Administrative citation.
In lieu of issuing an infraction citation, the city may issue an administrative citation, pursuant to Chapter 13.59, to any person responsible for committing, causing or maintaining a violation of Section 9.89.050, 9.89.060, 9.89.070(D) or 9.89.110 of this chapter. Nothing in this section shall preclude the city from also issuing an infraction citation upon the occurrence of the same offense on a separate day.
(Ord. 602 § 1, 2005; Ord. 862 § 2, 2022)
§ 9.89.160 Administrative fine.
Any person issued an administrative citation for violating Section 9.89.050, 9.89.060, 9.89.070 D or 9.89.110 of this chapter shall for each separate violation be subject to: (a) an administrative fine in an amount not to exceed one hundred dollars for the first citation; (b) an administrative fine in an amount not to exceed two hundred fifty dollars for a second citation issued for the same offense within a twelve-month period of the date of the first offense; and (c) a fine in an amount not to exceed five hundred dollars for a third and any subsequent citation issued for the same offense within a twelve-month period of the date of the first offense.
(Ord. 602 § 1, 2005; Ord. 862 § 2, 2022)
§ 9.89.170 Modification, suspension and/or revocation of validly issued city permit and/or city license.
A violation of Section 9.89.050, 9.89.060, 9.89.070(D) or 9.89.110 of this chapter by the holder of any city permit and/or city license validly issued pursuant to this or any other chapter shall constitute grounds for modification, suspension and/or revocation of said permit and/or license pursuant to the provisions set forth in Chapter 13.150.
(Ord. 602 § 1, 2005; Ord. 862 § 2, 2022)
§ 9.89.180 Additional penalties.
Nothing in this chapter shall preclude the city from pursuing the remedies provided by Chapter 13.140, including, but not limited to, as applicable, denial or revocation of certificates of occupancy, issuance of stop work orders and injunctive relief.
(Ord. 602 § 1, 2005; Ord. 862 § 2, 2022)
§ 9.90.010 Compliance required.
A subdivision involving prospective conversion of one or more existing structures into condominiums (including a community apartment project or stock cooperative, as referred to in Government Code Section 66424) shall be approved only if the proposed condominium use of the property will be in conformity with the general plan, and each such structure if newly constructed as of the date of map approval could be lawfully so constructed per the applicable zoning regulations, building codes, and fire safety codes. In order to assure compliance with these regulations and to enable the attaching of conditions to ensure project compatibility with neighboring and surrounding uses, a conditional use permit shall be required in accordance with Chapter 9.90 for any such condominium conversion project.
(Ord. 80 Art. V(Q), 1984; Ord. 862 § 2, 2022)
§ 9.92.010 Definition.
For the purposes of this chapter, a time-share project is one in which time-share rights or entitlements to use or occupy any real property or portion thereof has been divided as defined in Section 3.24.020 of this code, into twelve or more time periods of such rights or entitlements.
(Ord. 80 Art. V(S)(1), 1984; Ord. 862 § 2, 2022)
§ 9.92.020 Zones in which permitted-Conditional use permit required.
A time-share project shall be permissible only in such zones and at the locations therein where a hotel use would be permitted pursuant to this title, and in accordance with this chapter. No time-share project shall be allowed in any case wherein condominium by-laws, or covenants, conditions and restrictions expressly prohibit time-share uses. A conditional use permit shall be required in accordance with Chapter 9.92 for any time-share project.
(Ord. 80 Art. V(S)(2), 1984; Ord. 862 § 2, 2022)
§ 9.92.030 Application for time-share project approval.
An applicant for approval of a proposed time-share project shall submit a completed application on a form as prescribed by the city planner, in addition to any other application information or forms that may be necessary in the particular case.
(Ord. 80 Art. V(S)(3), 1984; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)
§ 9.92.040 Transient occupancy tax applicable.
All time-share projects shall be subject to the provisions of the city's transient occupancy tax ordinance.
(Ord. 80 Art. V(S)(4), 1984; Ord. 862 § 2, 2022)
§ 9.92.050 Time-share conditional use permit.
In addition to other considerations of a conditional use permit for a time-share project, the following shall apply:
A.
In the event an existing condominium project is proposed to be converted to a whole or partial time-share project, a verified description or statement of the number and percentage of the current condominium owners desiring or consenting to the proposed conversion of some or all of the units to a time-share basis shall be submitted. Also in such instance, there shall be submitted, a verified statement of the number and percentage of owners who have received notification, either personally (proof by signature of the recipient or witness) or by receipted certified U.S. Mail, that application to so convert the project would be submitted to the commission.
B.
The commission may approve or deny an application for conditional use permit for a time-share project, in accordance with the general provisions regarding findings and conditions in Chapter 9.92. No application shall be approved unless, among other considerations, it appears that more than fifty percent of the owners of condominium units (not including those owned by the applicant and/or the developer or any person or entity affiliated therewith) have received notification, either personally or by receipted certified U.S. Mail as referred to in subsection A of this section. The commission may impose such conditions as it determines are necessary to protect the public safety, health, peace and welfare. Each use permit shall be issued with a condition attached that no time-share rights or entitlements shall be sold or offered for sale unless, at such time, there then exists a valid final subdivision public report for the sale of such time-share rights or entitlements, issued by the Department of Real Estate of the State of California. In determining whether, and under what conditions to issue any such conditional use permit, the commission, among other things, may consider:
1.
The impact of the time-sharing project on transient or permanent rental stock;
2.
The impact of time-sharing on present and future city services;
3.
Nonconformity with current zoning regulations and the general plan, and reasonable conditions to eliminate same;
4.
Nonconformity with existing uniform building and fire codes and reasonable conditions to eliminate same;
5.
The sign program proposed for the project;
6.
The landscaping proposed for the project;
7.
Traffic circulation and parking;
8.
The applicant's description of the methods proposed to be employed to guarantee the future adequacy, stability and continuity of a satisfactory level of management and maintenance of the time-share project;
9.
The desirability of requiring an office of the managing agent or agency be located locally or on site, as appropriate;
10.
Any other factors deemed relevant and any other information which the commission or the applicant considers necessary or desirable to an appropriate and proper consideration of the application.
(Ord. 80 Art. V(S)(5), 1984; Ord. 862 § 2, 2022)
§ 9.94.010 Intent and purpose.
The intent and purpose of the planned unit development regulations are to:
A.
Facilitate comprehensively planned development of areas in accordance with applicable general and specific plans;
B.
Encourage imaginative and innovative planning of residential neighborhoods and commercial and industrial areas by offering a wide variety of dwelling units and building types and site arrangements with well-integrated community facilities and services;
C.
Relate the project to the surrounding area and the topography and other natural characteristics of the site;
D.
Permit greater flexibility in design than is possible through strict application of conventional zoning and subdivision regulation;
E.
Provide for conversion of existing developments to a planned unit development.
(Ord. 80 Art. V(S)(1), 1984; Ord. 262 § 4, 1989; Ord. 862 § 2, 2022)
§ 9.94.020 Definition.
is 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 and characterized by the following:
The subdivision of lots for individual sale within a larger parcel that is comprehensively planned and includes commonly owned lot(s) and common maintenance responsibilities;
The regulations of the zone regarding density or intensity of use in which the PUD is located are applied to the total area of the PUD rather than separately to individual lots of building sites;
The right to use and enjoy any privately owned common areas and recreational facilities provided on the site of the planned unit development shall be coupled with several interests of the owners of separately owned lots, parcels or areas;
Imaginative planning and design is used to relate the development to the site and the surrounding area by the modification of the requirements of the underlying zone to accommodate the project as approved.
(Ord. 80 Art. V(S)(2), 1984; Ord. 262 § 4, 1989; Ord. 862 § 2, 2022)
§ 9.94.030 Scope.
The procedures in this chapter shall be used for planned unit development projects in all zone districts.
(Ord. 80 Art. V(S)(3), 1984; Ord. 262 § 4, 1989; Ord. 862 § 2, 2022)
§ 9.94.040 Permitted uses.
Any permitted use, accessory use, or conditional use permitted in the underlying zone is permitted in a PUD.
(Ord. 80 Art. V(S)(4), 1984; Ord. 262 § 4, 1989; Ord. 862 § 2, 2022)
§ 9.94.050 Mixed uses.
Residential dwellings may be permitted within the various commercial zones in conjunction with uses such as retail, professional and personal services, hotels and motels, and commercial uses may be permitted within the various multiple-family zones, provided the commercial use is oriented to the on-site resident. In either case the development shall be comprehensively planned and the development requirements of each land use as required within this chapter are met.
(Ord. 80 Art. V(S)(5), 1984; Ord. 262 § 4, 1989; Ord. 862 § 2, 2022)
§ 9.94.060 Application.
A.
An application for a PUD may be made by the record owner or owners of the property on which the development is proposed. The application shall be filed with the city planner upon forms provided by the department and shall state fully the reasons a PUD is a proper method to develop the property and shall be accompanied by adequate plans, a legal description of the property involved and an explanation and description of the proposed use.
B.
The application shall be accompanied by payment of a fee as established by city council resolution.
C.
The application shall be accompanied by a tentative map.
D.
The application shall be accompanied by drawings indicating the design of the proposed buildings, landscape plan, and building elevations and cross sections of any proposed grading. Applications for a project including lot sales or future custom building programs may, with the exception of grading, exclude such drawings for the lot sale or custom areas provided a text is submitted containing limitations and building development criteria of those development standards contained herein and any other criteria that may be deemed necessary.
E.
If the applicant contemplates the construction of a PUD in phases, the application shall so state and shall include a proposed construction schedule.
F.
If the project is to provide open areas and recreational facilities to be used by the occupants of two or more units, it shall be stated in the application and the application shall include a plan, acceptable to the city, for the preservation and maintenance of the common elements of the property.
G.
The application shall be accompanied by a topographic map indicating present grade and proposed changes, and typical cross sections of the project sufficient to show the proposed method of developing the site.
(Ord. 80 Art. V(S)(6), 1984; Ord. 262 § 4, 1989; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)
§ 9.94.070 Processing.
The PUD shall be processed in the manner of a conditional use permit and be accompanied by a tentative tract map application. The PUD shall accompany the tentative tract map to planning commission who shall have final action on both items.
(Ord. 80 Art. V(S)(7), 1984; Ord. 262 § 4, 1989; Ord. 862 § 2, 2022)
§ 9.94.080 Combined proceedings.
All proceedings with regard to the tentative map submitted with an application for a PUD shall be combined with the proceedings for the permit. An application for a PUD is deemed a consent by the applicant to a waiver of the time limits for city action on the tentative map contained in the Subdivision Map Act.
(Ord. 80 Art. V(S)(8), 1984; Ord. 262 § 4, 1989; Ord. 862 § 2, 2022)
§ 9.94.090 Permit to show reservation for open space.
A PUD shall show land reserved as open space if such open space is to be provided for the common use of the occupants of the PUD. The planning commission may require the tentative map submitted with the application to also show the open space as an easement. If common open spaces are reserved in accordance with the provisions of this section, approval of the tentative map shall be conditioned upon the city being granted an easement in a form acceptable to the city, limiting the future use of common open spaces and preserving them as open spaces.
(Ord. 80 Art. V(S)(9), 1984; Ord. 262 § 4, 1989; Ord. 862 § 2, 2022)
§ 9.94.100 Design criteria.
The PUD shall observe the following design criteria:
A.
The overall plan shall be comprehensive, embracing land, buildings, landscaping and their interrelationships.
B.
The plan shall provide for adequate open space, circulation, off-street parking, recreational facilities and other pertinent amenities as related to the intended use and intensity of development. Buildings, structures and facilities in the parcel shall be well-integrated, oriented and related to the topographic and natural landscape features of the site.
C.
The proposed development shall be compatible with existing and planned land uses and with circulation patterns on adjoining properties. It shall not constitute a disruptive element to the neighborhood or community.
D.
The internal street system shall not be a dominant feature in the overall design, rather it should be designed for the efficient and safe flow of vehicles without creating a disruptive influence on the activity and function of any common areas and facilities.
E.
Common areas and recreational facilities shall be located so as to be readily accessible to the occupants of the PUD and shall be well related to any common open spaces provided.
F.
Architectural harmony with the development and within the neighborhood and community shall be obtained so far as practicable.
(Ord. 80 Art. V(S)(10), 1984; Ord. 262 § 4, 1989; Ord. 862 § 2, 2022)
§ 9.94.110 Development standards.
In addition to the general provisions of this title, the requirements of the underlying zones, unless modified herein, a PUD shall comply with the following standards:
A.
Density. The number of dwelling units in a PUD shall not exceed the density permitted in the underlying zone, except where density transfers have been previously approved by city council action. The allowed density may be applied to the total area of the PUD rather than separately to individual lots. When calculating density, the right-of-way of public streets or private streets or drives designated as streets within the interior of the project may be included in the total project area.
If the property involved is composed of land in two or more residential zones, the number of dwelling units permitted in the development shall be the sum of the dwelling units permitted in each of the residential zones. Within a PUD, the permitted number of dwelling units may be distributed without regard to the underlying zoning.
B.
Lot Dimensions. The minimum size parcel containing the PUD shall be one acre. However, there shall be no minimum lot dimensions of area, width or depth of the planned unit lots within the PUD.
C.
Yards. Special building setback or yard requirements may be established which are based on design and relation of buildings to each other and to topography. All structures, however, shall be set back from the right-of-way of public or private streets at least ten feet, excepting parking structures with an entrance at approximate right angles from a public or private street shall maintain a minimum setback of twenty feet from the sidewalk or curbline if a sidewalk does not exist toward which it is directed.
D.
Height. The permitted height of buildings and structures shall meet the requirement of the underlying zone, except greater heights may be permitted if the planning commission finds sufficient evidence that increased height will benefit the project, will be compatible to the surrounding development and area, and not unduly block the view of surrounding properties and scenic highways.
E.
Parking. A nonresidential PUD shall provide parking in accordance with the requirements of the underlying zone. A residential PUD shall provide parking as required per the underlying zone, plus visitor parking shall be provided at a ratio of one space for every unit. Such parking shall be conveniently accessible to the units they are intended to serve. Credit may be given for on-street parking provided the street is totally within the project and a parking lane is provided.
F.
Private Streets. Private streets may be permitted within a PUD provided their width and geometric design are related to the function, topography and needs of the development, and their structural design, pavement and construction comply with the requirement of the city's subdivision regulations and street improvement standards. The planning commission may reduce the minimum required width of private streets, provided the reduced width is desirable to accommodate improved site design, increase open space, retention of natural features, etc. and, further, that provisions are made for safety vehicles, rubbish removal and other similar needs by such means as alternative access, built-in fire protection, etc.
G.
Open Space—Residential.
1.
Common open space areas designed for active recreational use such as swimming pool, tennis court, golf course, children's playground, picnic area, shall be provided for all residential developments based on the density of the project as follows:
Range of Dwelling Units per Gross Acre | Amount of Usable Open Space Area Square Feet per Dwelling Unit |
|---|---|
Less than 4 | 600 |
4 to 9.99 | 500 |
10 to 20 | 450 |
Greater than 20 | 400 |
Areas designed for active recreational uses located on roofs of buildings, but not involving private patios, may satisfy the open space requirements.
2.
The city may require the preservation of scenic natural features such as rock outcroppings, flood plains, native vegetation, vistas, or other features deemed worthy of preservation. Credit for the usable open space requirement may be given not to exceed fifty percent of the required amount.
3.
Commonly owned and maintained open space and recreation areas shall be readily accessible to all dwelling units.
H.
Open Space Required—Nonresidential. Usable open space for nonresidential PUDs shall be provided at a minimum ratio of one square foot for each ten square feet of gross building floor area as measured at ground level only. It is intended that this open space be designed for use by customers or employees. It may be active or passive and shall be in addition to required yards and open parking lot areas. Credit for the open space requirement may be given for the construction of public-oriented amenities such as statuary, fountains, natural areas, etc. The credit shall not exceed fifty percent of the open space required.
I.
Landscaping Standards. Open areas (not used for recreation, natural areas, parking, or private yards) shall be landscaped, provided with an irrigation system, and maintained. The design of the landscaped areas and plant materials used shall be planned comprehensively for the entire site, and where landscaped areas are commonly owned, provisions shall be made for maintenance.
J.
Storage of Recreation Vehicles, Trailers and Boats.
1.
Lots within Development. Recreational vehicles, trailers, boats, campers, etc. may be stored on lots with an area more than seven thousand two hundred square feet, within a planned unit development.
2.
Storage Area. An area within the planned development may be specifically reserved for the storage of recreational vehicles, trailers, boats, campers, etc. owned by the residents of the development. When a storage area is proposed, it shall conform to the following minimum standards:
a.
The area set aside for storage shall contain at least forty square feet per dwelling unit or lot.
b.
The area shall be screened from view by a combination of fencing and landscaping. However, if the storage area is adjacent to a public road, it shall be separated from the right-of-way by a six foot block wall with a cap and screened with landscaping.
K.
Refuse Areas. Centralized refuse pickup areas shall be required for residential development with five or more dwelling units and for nonresidential development if deemed to be necessary.
L.
Signs. In addition to signs allowed by the underlying zone, community identity signs identifying the entire PUD or major portions thereof are permitted. The type, location, height and size of signs shall be determined as a part of the permit and shall relate to the location and design of the PUD.
M.
Placement of Buildings.
1.
The distance between any building used for human habitation and any other building shall be not less than ten feet;
2.
Distance between any uninhabited buildings or structures shall be not less than five feet;
3.
The distance between wings or courts of a building shall be not less than ten feet;
4.
Two or more individual building units may be attached or combined into a single structure in a planned unit development.
N.
Pedestrian Walkways. Walkways shall be provided to connect all building entrances and recreational buildings with the parking areas. Walkways shall be concrete with an unobstructed width of at least four feet. Alternate materials such as tile, brick or wood may be used as architectural features with planning commission approval. In addition, the planning commission may require and specify construction standards for hiking, equestrian and bicycle paths.
O.
Building Construction Requirements. Each attached individual unit shall be constructed with at least two-hour fire-resistive construction for all separation walls.
P.
Planned Unit Development Lots. Lots that do not meet the requirements of the underlying zone may be approved. There are no size nor configuration standards for such lots beyond those imposed as a part of the permit, but they shall be reasonable as to intended use and relation to the project and the surrounding area.
(Ord. 80 Art. V(S)(11), 1984; Ord. 262 § 4, 1989; Ord. 599 § 2, 2004; Ord. 862 § 2, 2022)
§ 9.94.120 Failure to utilize planned unit development permit.
Any PUD granted by the planning commission shall be conditioned upon the privileges granted being utilized within two years after the effective date thereof. Failure to utilize such permit within this period will automatically void the same, unless an extension of time has been granted. Construction must actually be commenced within the stated period and must be diligently prosecuted to completion. If the city finds that there has been no construction substantial in character performed under the permit, or that there has been a lapse of work for six months, it may revoke the permit. During the two-year period referred to in this section, or during any extension thereof, the property covered by the PUD permit shall not be used for any purpose or use other than that authorized by the permit.
(Ord. 80 Art. V(S)(12), 1984; Ord. 262 § 4, 1989; Ord. 862 § 2, 2022)
§ 9.94.130 Extension of time.
The planning commission may grant an extension of time for a PUD in accord with the extension of time request of the tentative tract map.
(Ord. 80 Art. V(S)(13), 1984; Ord. 262 § 4, 1989; Ord. 862 § 2, 2022)
§ 9.94.140 Amendments.
Amendments to a PUD may be initiated by the property owner or authorized agent as follows:
A.
A request for an amendment shall be submitted to the city planner in written form and shall be accompanied by such additional graphics, statements, or other information as may be required to support the proposed amendment.
B.
If the planning commission considers the amendment minor in nature, the additional graphics, statement or other information may be approved by the planning commission and made part of the original approval without the necessity of a public hearing.
C.
A minor amendment shall not change the boundaries of the subject property, or involve an addition of a new use or group of uses not shown on the original permit or the rearrangement of uses within the development, or changes of greater than ten percent in approved densities, yards, height, open space or landscaping. If the planning commission determines that the amendment is not minor or that a hearing is otherwise necessary, it shall set the matter for public hearing.
D.
If a public hearing is required, the applicant shall submit a completed application with graphics, statements, or other information as may be required to support the proposed modification.
E.
Payment of a fee as established by city council resolution.
F.
An application for an amendment of a PUD shall be processed, heard and determined in accordance with the provisions of this chapter applicable to the adoption of a PUD.
(Ord. 80 Art. V(S)(14), 1984; Ord. 262 § 4, 1989; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)
§ 9.94.150 Final map.
Building permits for construction within the proposed PUD shall not be issued until a final subdivision map has been recorded for the project. A final map which deviates from the conditions imposed by the permit shall not be approved.
(Ord. 80 Art. V(S)(15), 1984; Ord. 262 § 4, 1989; Ord. 862 § 2, 2022)
§ 9.94.160 Final planned unit development plan.
A.
Building permits for construction within the proposed PUD shall not be issued until the applicant has filed and secured approval of a final PUD plan. The final PUD plan shall include:
1.
Improvement plans for private streets, water, sewerage and drainage systems, walkways, fire hydrants, parking areas and storage areas. The plan shall include any off-site work necessary for proper access, or for the proper operation of water, sewerage or drainage systems;
2.
A final grading plan;
3.
Final elevation plans;
4.
A final landscaping plan including methods of soil preparation, plant types, sizes and location; irrigation system plans showing location, dimensions and types; and screening;
5.
A plan for lighting of streets, driveways, parking areas, walks and recreation areas.
B.
Where a PUD contains any land or improvements proposed to be held in common ownership, the applicant shall submit a declaration of covenants, conditions and restrictions with the final PUD plan. Such declaration shall set forth provisions for maintenance of all common areas, payment of taxes and all other privileges and responsibilities of the common ownership and shall be reviewed by and subject to approval by the city planner and city attorney.
C.
A final PUD plan may be submitted for a portion of the development provided the planning commission approved the construction phases as part of the permit and subdivision map approval. The plan for the first portion must be submitted within the time limits of this section. Subsequent units may be submitted at later dates in accord with the approved phasing schedule.
(Ord. 80 Art. V(S)(16), 1984; Ord. 262 § 4, 1989; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)
§ 9.94.170 Maintenance.
All private streets, walkways, parking areas, landscaped areas, storage areas, screening, sewers, drainage facilities, utilities, open space, recreation facilities and other improvements not dedicated to public use shall be maintained by the property owners. Provisions acceptable to the city shall be made for the preservation and maintenance of all such improvements prior to the issuance of building permits.
(Ord. 80 Art. V(S)(17), 1984; Ord. 262 § 4, 1989; Ord. 862 § 2, 2022)
§ 9.94.180 Failure to maintain.
All commonly owned land, improvements and facilities shall be preserved and maintained in a safe condition and in a state of good repair. Any failure to so maintain is unlawful and a public nuisance endangering the health, safety and general welfare of the public and a detriment to the surrounding community.
(Ord. 80 Art. V(S)(18), 1984; Ord. 262 § 4, 1989; Ord. 862 § 2, 2022)
§ 9.94.190 Appeal process.
A.
Any person aggrieved or affected by the final determination of the planning commission concerning an application for a planned unit development including any conditional requirement imposed on the project may appeal the decision within ten calendar days from the planning commission's decision by filing the city's appeal application with the planning department and paying the established fee as set forth by the city council.
B.
The city planner or designee shall schedule a public hearing.
C.
The city planner or designee shall transmit to the city council a written report, copies of the application, and copies of all other papers constituting the record upon which the commission's decision was taken, including, but not limited to, the minutes of all hearings thereon and shall submit to the council a written report, prepared from the record upon which the final determination was made, stating the factual and legal basis on which the commission found and determined that the application met or failed to meet the criteria and requirements provided in this chapter for granting a planned unit development.
D.
The council may affirm, reverse or modify, in whole or in part, any final determination, condition or requirement of the commission which is appealed from or ordered to be reviewed by the council. After reviewing the record of the commission's proceedings relating to the decision, condition or requirement appealed from or ordered to be reviewed by the council, including, but not limited to, the application, minutes of hearings, notice of appeal and the commission's report, the council may affirm without further action the determination, requirement or condition appealed from or ordered to be reviewed.
E.
On the date a notice of appeal is filed under this chapter, or on the date the council orders a review of the commission's determination, condition or requirement, all proceedings in furtherance of the determination, condition or requirement appealed from or ordered to be reviewed by the council, including the effective date of the permit in question, shall be stayed until the final determination by the council of the appeal or council-initiated review.
(Ord. 862 § 2, 2022)
§ 9.96.010 Private stables and paddocks.
Private stables and paddocks shall be located on the rear half of the lot and not closer than twenty feet to any property line, nor closer than forty feet from any dwelling on adjoining property.
(Ord. 80 Art. V(T)(1), 1984; Ord. 862 § 2, 2022)
§ 9.96.020 Circuses, carnivals, animal rides and displays and amusement rides.
Circuses, carnivals, animal rides, animal displays and amusement rides shall be permitted only on a temporary basis, and upon city council approval of the location and upon conditions imposed by the council.
(Ord. 80 Art. V(T)(2), 1984; Ord. 862 § 2, 2022)
§ 9.96.030 Temporary tract offices.
Temporary tract offices shall be subject to special use permit and shall be permitted only on property to which it is appurtenant and shall be limited to one year, with additional extensions subject to planning commission approval.
(Ord. 80 Art. V(T)(3), 1984; Ord. 862 § 2, 2022)
§ 9.96.040 Landing strips for aircraft and heliports.
Landing strips for aircraft and heliports may be permitted by conditional use permit in all zones.
(Ord. 80 Art. V(T)(4), 1984; Ord. 862 § 2, 2022)
§ 9.96.050 Rummage sales.
Rummage sales may be permitted by the city planner in stores, garages, churches, assembly halls or other indoor locations for a period, not to exceed ten days and subject to the city planner's approval of signing and imposition of any other conditions to protect the public safety, health and welfare.
(Ord. 80 Art. V(T)(5), 1984; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)
§ 9.96.070 Temporary construction yards and trailers.
Temporary construction yards and trailers on construction sites shall be subject to the city planner's approval as to compliance with the following conditions:
A.
Maximum time shall coincide with construction;
B.
Cleanup of the site shall be required; and
C.
Other conditions as desirable to protect the adjoining properties and neighborhood.
(Ord. 80 Art. V(T)(7), 1984; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)
§ 9.96.080 Christmas tree lots.
Christmas tree lots shall be permitted by the city planner subject to the following conditions:
A.
Provision and maintenance of dust-free parking;
B.
Compliance with sign regulations;
C.
Guarantee of cleanup; and
D.
Other conditions as desirable to protect adjoining properties, the neighborhood, and the public safety and welfare.
(Ord. 80 Art. V(T)(8), 1984; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)
§ 9.96.090 Temporary parking lots.
Temporary parking lots may be approved by the city planner subject to compliance and agreement on:
A.
Duration of use not to exceed twenty days;
B.
Provision of dust-free conditions;
C.
Conformity to sign regulations;
D.
No overnight camping;
E.
Provisions for cleanup.
(Ord. 80 Art. V(T)(9), 1984; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)
§ 9.96.100 Antennas.
A.
Noncommercial Antennas. Noncommercial antennas are permitted in all zones as accessory structures and shall be subject to approval by the city planner, provided the following is met:
1.
All antennas shall be located to the rear or to the side of the main dwelling or principal structure on the site.
2.
Satellite antennas shall be ground mounted and not exceed a height of fifteen feet as measured from ground level except that a satellite antenna may be mounted on the roof of commercial or industrial buildings if screened from public view to the satisfaction of the city planner.
3.
Radio antennas and other similar antennas shall not exceed an overall height of fifty feet as measured from ground level in residential zones and sixty feet in commercial and industrial zones.
4.
All utilities servicing antennas shall be placed underground wherever appropriate.
5.
The city planner may approve a deviation from the standards within this section pertaining to height, location, and undergrounding utilities where the city planner finds that locating the antenna in conformance with the specifications of this section would obstruct the antenna's reasonable reception or otherwise excessively interfere with reception, and such obstruction or interference involves factors beyond the applicant's control, or the cost of meeting the specifications of this section is excessive, given the cost of the proposed antenna. The city planner shall exercise the discretion granted hereby to assure compliance with 51 Fed. Reg. 5519; 47 C.F.R. 25.104.
B.
Commercial Antennas. Commercial antennas are permitted in all zones by conditional use permit pursuant to Chapter 9.72. Development standards shall be determined by the planning commission upon review of the use proposed for the antenna, the needs for proper operation, and the impacts to the area and to the city in general.
(Ord. 80 Art. V(T)(10), 1984; Ord. 128 § 2, 1985; Ord. 327 § 4, 1991; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)
§ 9.96.110 Gasoline and motor vehicle fuel sales combined with beer, wine, liquor or other alcoholic beverage sales.
Sales of beer, wine, liquor or other alcoholic beverage shall be permitted from the same location as gasoline and other motor vehicle fuel sales only under the following circumstances:
Beer, wine, liquor and other alcoholic beverage sales may be permitted with a conditional use permit. A condition shall be imposed that such sales must be offered only in conjunction with the sale at retail of food and groceries in which not less than fifty percent by value of the retail sales of all products other than gasoline, oil and other motor vehicle fuels comprises sales of products other than beer, wine, liquor, and other alcoholic beverages. A condition shall also be imposed that the retail display area for food, groceries, sundries and other non-motor vehicle fuels comprises not less than one thousand eight hundred square feet of indoor retail space. In addition, the conditional use permit shall require the use of video recording surveillance cameras to record all purchases and attempted purchases of alcoholic beverages, and the posting of signs, one outside the building at or near the gasoline servicing area and another inside near the cash registers notifying the public that "All alcoholic beverage transactions are monitored in cooperation with the Cathedral City Police Department." The videotape equipment utilized shall be such as to record at least twenty-four hours of operation, and the film shall be made available to any representative of the police department, at any time, upon request. Applicant shall maintain the tapes for the prior seventy-two hours, and make such tapes available to the police department. Such tapes shall be made available for use in evidence against any person who purchased or attempted to purchase alcoholic beverages, as well as for use in any court or any administrative proceeding, regardless of the party or parties involved.
(Ord. 80 Art. V(T)(11), 1984; Ord. 197 § 4, 1987; Ord. 862 § 2, 2022)
§ 9.96.120 Vending machines.
All vending machines, including, but not limited to, ice, beverage, cigarette, tobacco products, and snacks, shall be located in an area enclosed on at least three sides with a solid wall at least six feet in height. These structures and their locations shall be approved through the design review process. Notwithstanding the above, the planning commission may permit an exception by allowing vending machines in other locations if it is found that the vending machine cannot properly function in the required enclosure. This section shall not be deemed to apply to the sale of news publications.
(Ord. 80 Art. V(T)(12), 1984; Ord. 206, 1988; Ord. 862 § 2, 2022)
§ 9.96.130 Game arcades.
A.
Game arcades are permitted only where specifically listed within a zone district game arcades are subject to a conditional use permit. The commission shall establish reasonable conditions to regulate security concerns, noise, health, safety and public welfare concerns of all types, including, but not limited to:
1.
School age truancy and evening curfew violations;
2.
Overcrowding conditions in and outside the building;
3.
Objectionable noise;
4.
Traffic/parking and bicycle congestion;
5.
Littering;
6.
Unsanitary conditions (insufficient restroom facilities, food vending, etc.);
7.
Signage and attention-getting devices;
8.
Adverse impacts on adjacent businesses and residential areas;
9.
Proximity to schools, parks, churches, public gathering places, residential areas.
B.
In addition, the conditions imposed shall include:
1.
All game arcades shall be entirely within an enclosed building;
2.
The minimum distance between game arcades shall be one thousand feet;
3.
The minimum distance between a game arcade and a school, religious institution or public park shall be one thousand feet;
4.
For any game arcade within a shopping center, walls within the arcade shall be surfaced with sound-deadening material to alleviate noise transmission to neighboring businesses and all operations shall fully comply with all provisions of municipal code Chapter 11.96;
5.
Rest rooms shall be provided;
6.
The requirement for a conditional use permit shall not apply to any temporary business operating at a specific location for five consecutive days or less which applies to and receives a special use permit which the mayor and city council may authorize subject to such conditions as the mayor and city council may establish;
7.
Time limits shall be established consistent with, but not necessarily limited to, times other businesses in the shopping center or immediate neighborhood are open for business;
8.
Adult attendants shall be employed and present on the premises at all times.
(Ord. 80 Art. V(T)(13), 1984; Ord. 227 § 3, 1988; Ord. 791 § 1, 2017; Ord. 862 § 2, 2022)
§ 9.96.140 Carwashes.
A.
Purpose and Applicability. Carwashes are permitted only where specifically listed per categories of carwash types within a zone district. Carwashes are subject to a conditional use permit. The planning commission shall establish reasonable conditions to regulate security concerns, noise, health, safety and public welfare relative to the category of carwash being considered, including, but not limited to, the following concerns:
B.
Site Development Standards. The following conditions shall apply to the various carwash classifications in addition to those deemed appropriate by the planning commission:
1.
General Conditions, All Carwashes.
a.
Site area lighting and security lighting shall be provided, but in such a manner to prevent glare and view of the light source from public streets or adjacent property;
b.
Noise attenuation devices shall be installed on all equipment and in areas subject to generation of sound in such a manner so as not to permit any loud sounds to project beyond the building. In addition a noise analysis shall be provided to demonstrate that noise levels measured at the boundary of the site will not exceed the policies of the noise element of the city general plan. Prior to occupancy, noise measurements shall be performed with all carwash functions in an operational mode to demonstrate compliance with all noise standards;
c.
All parking, loading, vehicle preparation and detailing areas shall be clearly delineated on the site, as indicated by the approved site plan. No other areas of site, such as driveways, landscaped areas, sidewalks, etc. shall be utilized for washing, prepping, loading, detailing, etc.;
d.
Water recycling/grease trap facilities shall be installed and maintained as approved by the city planner and the water/sewer serving agency;
e.
Combined uses may be permitted if determined compatible by the planning commission, and it is found that each use contains adequate space to function properly, including vehicular access and circulation, parking, building placement and landscaping. However, where primary use of the site is a carwash function, no auto repair activities shall take place.
2.
Coin-Operated Manual Carwash.
3.
Self-Serve Carwash.
a.
Self-serve carwashes may only be permitted within a development wherein said carwash is clearly an accessory to the principal use;
b.
Design features of the wash shall be integrated with the principal use of the site;
c.
There shall be adequate vehicular queuing into and out of the wash facility to assure that driveways and parking lot aisles will not be blocked.
4.
Full-Serve Carwash.
a.
Restrooms shall be provided for patron convenience;
b.
Patron waiting areas shall be provided. Sale and display of products consisting of convenience goods, (snacks and related products) may be permitted but shall be located within a building and limited to an area no greater than four hundred square feet, but not including the sale or consumption of alcoholic beverages.
c.
The project design shall incorporate a storefront appearance along commercial and scenic arterials (where determined necessary by the planning commission), to comply with or compliment adjacent commercial projects or established architectural, landscape or signage themes. All equipment and functions shall be designed, oriented, and screened so as not to be visible to public view, and from adjacent properties.
(Ord. 80 Art. V(T)(14), 1984; Ord. 241 § 9, 1989; Ord. 252 § 2, 1989; Ord. 554 § 1, 2001; Ord. 804 § 1, 2017; Ord. 862 § 2, 2022)
§ 9.96.150 Automobile service stations.
A.
Purpose and Applicability. Automobile service stations are permitted only where specifically enumerated within a zone district. Due to continuing proliferation of auto-related service uses along the city's commercial corridor and freeway intersections, particularly motor fuel gasoline sales, these regulations are intended to provide uniform criteria and standards for service stations, which because of the outdoor nature of their primary activity and the intensive vehicular demands on city streets for ingress and egress to their sites, are considered problem uses subject to special provisions.
Any use or business engaged in the sale of motor fuel through dispensing devices, whether or not such fuel is the primary item of sales, shall be subject to these provisions and shall be deemed a service station.
These regulations shall be additional to and supplement those property development standards in the zone in which said use is permitted, and any conditions for such use as imposed by a permit therefor. If there is any conflict between the provisions of this chapter and any property development standards for service stations uses in a particular zone, the more restrictive provisions shall apply.
B.
Accessory Uses or Combined Uses. Restaurants and convenience food markets or other similar uses may be permitted if the planning commission finds that: (1) the activity is integrated with the service station operation and both activities are compatible with the other; (2) the accessory use in combination with the service station operation will not cause hazards on, or congestion to, adjacent city streets or surrounding traffic patterns; and (3) the additional required parking for the accessory use can be adequately designed so as to maintain clear aisleways and not interfere with the dispensing of fuel.
C.
Location of Service Stations.
1.
No more than two service stations shall be located at any intersection of streets, (whether wholly or partially within the city's limits). The terms "intersection" and "street" shall have the same meaning as stated in Sections 365 and 590 of the California Vehicle Code.
2.
When service stations are proposed at locations other than at an intersection they may not be located any closer than two thousand five hundred feet from any other service station, said distance to be measured from the closest point on the nearest property line of a proposed location of a service station by a straight line to the closest point on the nearest property line of any other service station.
3.
Exceptions. A service station may be permitted at any other properly zoned site provided that at least one of the following apply:
a.
The lot has frontage on a street and is between a freeway on or off-ramp and the next street that intersects with the said required frontage street; or
b.
The site is part of a comprehensively planned commercial center of over five acres in area; or
c.
The planning commission finds that the proposed fuel dispensing volume constitutes a secondary use of the site or business or that the fuel dispensing activities of surrounding land uses (including uses outside the city) which affect the separation criteria are deemed minor or secondary activities and that the addition of the proposed use would not have adverse impact on traffic circulation or surrounding uses.
D.
Minimum Site Area. Service stations shall be located on a lot containing at least twenty thousand square feet. Any proposal to add to or, expand motor fuel dispensing activity to an existing use on a lot of less than twenty thousand square feet shall not be permitted, unless the planning commission pursuant to a conditional use permit, finds that the site can adequately support the increased use without adversely affecting public streets or surrounding land uses.
E.
Parking. Each service station site shall have no less than three spaces available and marked for parking of automobiles, excluding those automobiles being serviced at said station. In addition to the above-required spaces, uses permitted as accessory or combined uses shall meet parking requirements specified in Chapter 9.58, Off-Street Parking.
F.
Installation of Call Detectors. If a service station is located at a street intersection where traffic signal devices are installed or proposed to be installed by the city or by the state of California, there shall be installed on said service station site "call detectors," if said detectors are determined necessary by the city engineer or engineer of that governmental body having jurisdiction over the operation of such traffic maintenance signals, said determination to be made and imposed as a condition of site plan approval.
G.
Sale of Diesel Fuel or Liquid Gas. Diesel fuel and/or liquid propane gas (LPG) may be sold if approved in connection with site plan approval.
H.
Access/Reciprocal Agreements. Access drives shall be at least one hundred feet from any street corner as measured from the intersection of the ultimate right-of-way lines at said corner. All driveways shall be designed to provide vehicle queuing in a manner which minimizes possible hazard or slowing of vehicles on adjacent city streets. Reciprocal access/parking arrangements may be required with adjacent properties to enhance public convenience and safety.
I.
Walls and Screening. Low profile screen walls, landscaping, earthen berms or any combination thereof shall be installed on project boundaries to partially reduce public view of parking areas, service, and fuel dispensing bays as determined by the planning commission.
J.
Landscape improvements. At least ten percent of the net site area shall be fully landscaped. Landscaped planter areas at least six feet wide (as measured from the property line) shall be provided on site along all street frontages, side and rear property lines or lease lines except where approved cross drives exist. However, greater planting area shall be provided where specified by specific plans, specific zone district standards or other established city policies and guidelines.
K.
Restrooms/Comfort Stations. Restrooms shall be provided and maintained for convenient patron use during business hours.
L.
Service stations which contain self-service fuel dispensing shall provide for vehicle air/water, windshield washing and trash disposal.
M.
Exterior area and flood lighting proposed (whether in parking areas or under canopies) shall be shown on plans. Exterior lighting shall be consistent with Chapter 9.89 "Outdoor Lighting Standards" of this code.
N.
Public pay telephones shall be installed and maintained for twenty-four hour public use, provided it is determined feasible by the planning commission upon information furnished by the applicant and utility company.
O.
No outdoor merchandising displays, including, but not limited to, snacks, propane tanks, beverages, etc. shall be permitted in an area outside any structure or city approved outside display area, for purposes of physically selling, distributing, or displaying goods, wares, merchandise, or services.
(Ord. 80 Art. V(T)(15), 1984; Ord. 251 § 2, 1989; Ord. 274 §§ 2, 3, 1989; Ord. 602 § 3, 2005; Ord. 862 § 2, 2022)
§ 9.96.160 Diversion facilities.
A.
Purpose. To reduce the amount of waste going to area landfills, the development of local diversion facilities must be accommodated so that recyclable materials are segregated and diverted from other waste materials before disposal at local landfills.
B.
Applicability. Subject to conditional use permit approval and the provisions herein, a diversion facility may be located within any zone; except that a diversion facility shall not be located in a zone designated R1 — single-family residential. Except where inconsistent, these regulations and any conditions imposed pursuant thereto shall be in addition to and supplemental to all other property development standards for the zone in which said use is permitted.
C.
Application. In addition to any other requirements applicable to an application for a conditional use permit, an application for a diversion facility shall include the following:
1.
A site plan showing the subject and surrounding properties, showing grading and drainage plans, identifying areas intended for each aspect of the operation, showing existing and proposed property access and improvements including on-site circulation patterns and parking; and identifying plans for meeting expected water and sewage needs;
2.
A plan of operation explaining the type, source and quantity of material to be collected and/or processed; the manner of processing; the type, anticipated quantity and destination of all materials to be diverted from landfill disposal; the type, intended use and anticipated quantity of any end products of any processing to be conducted on site; proposed hours of operation; a description of all equipment to be used; a description of measures to be used for control of noise, dust, odor, litter, insects, rodents, flies, and any other potential negative impacts; the number of employees; and identification of all products to be introduced to materials processed or otherwise utilized at the site, as applicable to each project.
D.
Findings. The planning commission, in reviewing an application for a conditional use permit for a diversion facility, shall consider whether the following conditions exist in reference to the proposed site:
1.
The location is compatible with uses existing in the area and does not serve to degrade and/or become materially detrimental to the neighborhood or community;
2.
The type and volume of vehicle traffic accessing the use does not adversely affect the health, safety and general welfare of the neighborhood or community;
3.
The proposed use does not have the potential to create a public nuisance for adjacent properties as a result of odor, noise, dust, or vermin;
4.
The proposed use will further the city's goals with respect to diversion of waste, directly or indirectly, from disposal at landfill facilities.
E.
Exceptions. Composting activities are not subject to the provisions of this section when all material to be processed is generated from the premises and any resulting product is used on the premises on which the composting activity takes place.
F.
Minimum Site Requirements. Diversion facilities shall be located on a parcel of at least three acres. Diversion facilities shall be located on a parcel immediately adjacent to an existing roadway designed for a traffic capacity at least as great as a roadway defined in the general plan as a "secondary arterial."
1.
A diversion facility shall not be located within one half mile of any site currently utilized for residential use, or for which an application for development for residential use is pending approval;
2.
A diversion facility shall be located within five miles of a parcel currently utilized for waste disposal, diversion or recycling activities.
G.
Permits Mandated by Other Law. All diversion facility approvals are subject to proof of approval from all federal, state, and local agencies that have jurisdiction over the proposed operations, including, but not limited to, the Riverside County department of health, local solid waste enforcement agency (LEA). Prior to operation of a diversion facility, all required regulatory approvals shall be on file with the city planning department.
H.
Setbacks. No waste or recyclable materials shall be stored or processed within fifteen feet of any property line. All structures shall be set back from the property lines a minimum of twice the distance of the height of the structure.
I.
Landscaping/Fencing/Screening. Masonry or stucco fencing, landscaping, earthen berms, or any combination thereof shall be installed along street frontages and project perimeters to reduce public view of the facilities to the greatest degree possible, as determined by the planning commission. In areas deemed environmentally sensitive habitat, the landscaping/fencing/screening requirements shall be employed to the fullest extent permitted by the state and federal regulatory agencies with subject matter jurisdiction.
J.
Access/Parking. Access to a diversion facility shall be solely from a public roadway designed for a vehicle capacity at least as great as that defined in the general plan as a "secondary arterial." All driveways, onsite access roads, and parking areas shall, as a minimum, be covered for dust control by gravel, asphalt or other material as approved by the planning commission.
K.
Rest Rooms. Permanent rest room facilities shall be provided and maintained for convenient employee and customer use during business hours.
L.
Water. All projects shall have water available on site to the satisfaction of the fire marshal.
M.
Receipts. On a monthly basis, the operator shall provide the city with receipts for each delivery accepted at the facility, and accounting fully as to the city of origin, the amount, and the type of material being accepted. The operator shall also provide a summary, on a monthly basis, of such information, together with detailed reports on the manner and degree of diversion accomplished. All records of the facility shall be made available, during regular business hours, to representatives of the city. The operator shall develop and provide any further data that the city deems necessary for compliance with its goals for waste diversion.
N.
Maintenance. All diversion facilities shall be kept clean and orderly including areas for storage and processing. Further, the site shall be maintained in order to prevent windblown debris from escaping the site, and shall be free at all times of vermin which could create a public nuisance and/or health hazard. In addition, the operator shall be responsible for cleaning illegal dumping and all fugitive debris in the immediate area of the project site. Any failure to maintain the facilities as required herein may be abated as a public nuisance and shall be grounds for revocation of any conditional use permit issued pursuant to this chapter.
O.
Review/Revocation. A conditional use permit may be revoked upon a finding that a diversion facility or the manner of its operations has been altered, such that the original findings made at the time of approval of the conditional use permit are no longer valid, or such that the use no longer conforms to all of the provisions of this chapter.
(Ord. 80 Art. V(T)(16), 1984; Ord. 304 § 7, 1990; Ord. 537 § 2, 2000; Ord. 862 § 2, 2022)
§ 9.96.170 Used vehicle sales and vehicle rental enterprises.
A.
Purpose. Because of marketing and visibility needs, used vehicle sales and vehicle rental enterprises tend to locate along the city's major streets and because it is the objective of the city to permit uses with special display and storage needs while maintaining quality development along major streets assuring compatibility between a broad range of uses there is a need for regulating the location and development of such businesses.
B.
Used vehicle sales and vehicle rental enterprises shall be permitted where specifically enumerated within a zone district subject to conditional use permit approval and provided provisions herein are met. These regulations shall not apply to new car and truck sales uses which include used vehicle sales and/or vehicle rental enterprises. These regulations shall apply to all other used vehicle sales, including wholesale used vehicle sales enterprises that include vehicle storage and auto buying enterprises that include vehicle storage. These regulations shall be supplemental to those property development standards in a zone district or specific plan area in which said use is permitted and any conditions for such use as are imposed by a permit therefor. Further, the following development standards may be modified at the discretion of the planning commission to assure compatibility with existing or planned development and special considerations applicable to the site.
C.
Location/Site Improvements.
1.
Used vehicle sales enterprises shall be limited to locations within permissible zone districts on Ramon Road. However, enterprises dealing exclusively in the sale of exotic, antique or similar specialty used vehicles may locate within any zone district where such use is specifically enumerated and the enterprise includes the display of fifteen or fewer such vehicles for sale. Further, used vehicle sales enterprises operating as of January 1, 1996 are permitted to continue at the existing dealership locations at 68-318 and 68-350 E. Palm Canyon Drive (Webb Motors) and 68-406 E. Palm Canyon Drive (Affordable Cars) until such time as said dealerships cease operating. Once operations cease including change of ownership, reorganization, or any similar discontinuance of the businesses, no further use of the property for used car sales shall be permitted. This provision shall become effective only after the amortization period established herein has been exhausted;
2.
A minimum lot size of seventeen thousand five hundred square feet shall be required for used vehicle sales or vehicle rental enterprises except where such use is to be conducted entirely indoors;
3.
Vehicle display/storage areas shall be physically separated from required parking/vehicle maneuvering areas and marked and signed as such. Display parking shall be limited to the areas delineated on the approved site plan and no part of any area designated for vehicle display/storage shall be credited toward required customer/employee parking. All vehicle parking and maneuvering areas shall be all weather surfaces. Vehicles shall not be displayed, parked or stored in required landscape areas;
4.
Each site shall contain an office sufficiently sized for the conduct of the operation. Portable office trailers and other temporary buildings are not permitted;
5.
All exterior lighting shall be installed and maintained in such a manner that glare and intensive light sources will not be visible at the property line. Such fixtures must contain glare control features to the satisfaction of the city planner;
6.
All security improvements, fencing, gating, etc. shall be subject to approval by the city planner prior to installation. Barriers proposed to be erected around vehicle display areas shall not exceed thirty-six inches in height. Chain link fencing is prohibited. Further, all such improvements must be architecturally integrated with the site, building, and landscape improvements.
D.
Operational Standards.
1.
Auto repair shall only take place in an enclosed building approved for auto repair activity;
2.
Public address systems or any similar external loudspeaker systems are prohibited;
3.
Outdoor display shall be limited to those areas designated on the approved site plan and display of vehicles on elevated platforms, ramps, or any similar device is prohibited.
E.
Nonconforming Uses. Used vehicle sales and vehicle rental enterprises shall be deemed nonconforming if they do not have a conditional use permit approval granted by the city or fail to meet any of the development standards contained herein and/or any other applicable development requirements or design policy of the city, including, but not limited to, those criteria within this title, specific plans, and city design guidelines. At the time of review of a conditional use permit application, the planning commission or city council shall have the discretion to review the entire scope of potential issues including the appropriateness of the nonconforming use its existing location and may deny said application and require abandonment of the nonconforming use.
F.
Amortization of Nonconforming Uses.
1.
Where used vehicle sales or vehicle rental enterprises were legally existing uses on January 1, 1996, and are not in conformity with this section, it is the intent and purpose of this section to declare such use to be nonconforming, for the purpose of protecting the public health, safety and general welfare;
2.
All uses rendered nonconforming by this section shall be abated by January 1, 1999, unless an extension is requested and granted as provided below;
3.
The owner or occupant of property that is determined to be a nonconforming use under this section shall receive a notice, in writing, of that determination. The notice shall state the grounds for the decision and shall require the nonconforming use to be abated by January 1, 1999. The notice shall furthermore provide that any person having any record, title or legal interest in the nonconforming use may request a hearing, provided the request is made in writing, as provided in this section, and filed with the city within sixty days from the date of service of such notice. The notice shall finally provide that the failure to request a hearing will constitute a waiver of all right to an administrative hearing in determination of the matter;
4.
The notice and order, and any amended or supplemental notice and order shall be served upon the record owner, and posted on the property. One copy thereof shall be served on each of the following persons, if known to the city or disclosed for public records.
a.
The holder of any mortgage or deed of trust or has a lien or encumbrance of record;
b.
The owner or holder of any lease of record;
c.
The holder of any other estate or legal interest of record in or to any building or land which is employed in the nonconforming use;
d.
The failure of the city to serve any person required under this subsection to be served shall not invalidate any proceeding under this section as to any other person duly served or relieve any such person from any duty or obligation imposed on him or her by the provisions of this section;
5.
Service of the notice shall be made upon all persons entitled thereto, either personally, or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at the address as it appears on the last equalized assessment roll of the county or as known to the city. If no address of any such person so appears, or is known to the city, then a copy of the notice shall be so mailed, addressed to such person at the address of the lot or building involved in the proceeding. The failure of any such person to receive such notice shall not affect the validity of any proceeding under this section. Service by certified mail in the manner provided by this subsection shall be effective on the date of mailing;
6.
Proof of service of the notice shall be certified to at the time of service by written declaration, under penalty of perjury, executed by persons effecting such service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned and acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and retained by the city staff;
7.
Any person entitled to notice herein may, within thirty days of receipt of the notice, request a hearing to request an extension of the abatement date. Request for hearing shall be in writing, and shall contain the following information:
a.
A brief statement setting forth the legal interest of each of the persons requesting the hearing ("appellants") in the nonconforming use;
b.
A brief statement in ordinary and concise language of the grounds for an extension of the abatement date;
c.
The signatures of all appellants and their official mailing addresses.
8.
The city council shall appoint, when the need arises, a hearing officer or officers to hear requests for extensions of abatement filed pursuant to this section. The city may, in its sole discretion, request that appellants nominate hearing officers and pay all or a portion of the hearing officer's fee if the hearing officer is not a city employee. The hearing officer shall be appointed by the city council and shall hold office at its pleasure. The hearing officer shall adopt reasonable rules and regulations for conducting his or her business, and shall render all decisions and findings in writing to the person requesting the hearing, with a copy to the city;
9.
As soon as practical after receiving the written request for hearing, the hearing officer shall fix a date, time, and place for the hearing. Such date shall not be less than sixty days, nor more than one hundred eighty days from the date the request for hearing was filed. Written notice for the time and place of the hearing shall be given at least forty-five days prior to the date of the hearing to each appellant by the hearing officer, either by causing a copy of such notice to be delivered to the appellants personally, or by mailing a copy thereof, postage prepaid, addressed to the appellant at his or her address shown on the request for a hearing. The notice to the appellant shall be substantially in the following form, but may include other information:
You are hereby notified that a hearing will be held before the abatement hearing officer at __________ on the _____ day of ___, ___ at the hour of _____, upon the notice served upon you. You may be present at the hearing, you may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses, and the production of books, documents or other things by filing an affidavit therefor with the abatement hearing officer.
10.
The hearing officer shall establish such prehearing procedures for discovery and disclosure of witness and documents as a hearing officer shall, upon consultations with the appellant and the city, deem necessary;
11.
The following procedure shall apply to the conduct of the hearing:
a.
The hearing shall take place before the hearing officer;
b.
A record of the entire proceeding shall be made by tape recording, or by any other means of permanent recording determined to be appropriate by the hearing officer;
c.
The hearing officer may grant continuances for good cause shown;
d.
In any proceeding under this chapter, the hearing officer has the power to administer oaths and affirmations and to certify to official acts;
e.
The hearing officer shall proceed with reasonable dispatch to conclude any matter before him or her. Due regard shall be shown for the convenience and necessity of any parties or their representatives;
f.
The hearing officer may obtain the issuance and service of a subpoena for the attendance of witnesses, for the production of other evidence at the hearing, upon the filing of an affidavit therefor, which states the name and address of the proposed witness; specifies the exact thing sought to be produced and the materiality thereof in detail to the issues involved; and states that the witness has the desired things in his possession or under his control. The subpoena need not be issued when the affidavit is defective in any particular;
g.
The hearing need not be conducted according to the technical rules relating to evidence and witnesses;
h.
Oral evidence shall be taken only on oath or affirmation;
i.
Any relevant evidence shall be admitted, if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule, which might make improper the admission of such evidence over objection and civil actions of the courts of competent jurisdictions in the state;
j.
Irrelevant and unduly repetitious evidence shall be excluded;
k.
In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state, or of official records of the departments and ordinances of the city or rules and regulations of the hearing officer;
l.
The hearing officer may inspect any buildings or lots involved in the hearing during the course of the hearing, provided that notice shall be given to the parties before inspection is made. The parties will be given an opportunity to be present during inspection, and the hearing officer shall state for the record, upon completion of the inspection, the material facts observed and the conclusions therefrom. Each party then shall have a right to rebut or explain the matter so stated by the hearing officer;
m.
The hearing shall be open to the public, unless the hearing officer determines, after a request from a party, that matters of a confidential nature are to be disclosed;
n.
Appellant shall have the burden of proof, and shall present its evidence. The city may then cross-examine the witnesses presented on behalf of the appellant. The city may then present evidence. The appellant may then cross-examine the witnesses presented on behalf of the city. The hearing officer may make whatever changes in the order of proof the hearing officer determines are necessary;
o.
Upon receipt of all evidence, the hearing officer shall retire to deliberate and shall render a decision not less than thirty days after the date of the hearing. The appellant has the burden of persuasion by a preponderance of the evidence;
12.
The hearing officer shall determine an appropriate date by which the nonconforming use shall be abated. In making his or her decision, the hearing officer shall consider the factors required by law, which factors may include:
a.
Amount of investment or original cost;
b.
Present actual or depreciated value;
c.
Dates of construction;
d.
Amortization for tax purposes;
e.
Salvage value;
f.
Remaining useful life;
g.
The length or remaining term of the lease under which the use is maintained;
h.
The profitability of the use;
i.
The extent to which investment has been, or will be recouped;
j.
The harm to the public if the use remains beyond the prescribed amortization period;
13.
The decision of the hearing officer shall be in writing and shall contain findings of fact, the determination of the issues presented, and shall also contain the requirements to be complied with by the appellant. A copy of the decision shall be delivered to the appellant personally, or sent to him or her by certified mail, postage prepaid, return receipt requested. The effective date of the decision shall be as stated thereon. If no date is specified, the decision shall be effective when served;
14.
Each party shall have these rights at the hearing:
a.
To call and examine witnesses on any matter relevant to the issue of the hearing;
b.
To introduce documentary and physical evidence;
c.
To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;
d.
To impeach any witness, regardless of which party first called him to testify;
e.
To rebut the evidence against him;
f.
To represent himself, or to be represented by anyone of his choice, including an attorney at law, who is lawfully permitted to do so;
15.
The decision of the hearing officer may be appealed to the city council within ten days of the date of service of the decision of the hearing officer. The council shall hear the appeal as soon as practicable, but no sooner than fourteen days from the date of the appeal;
16.
At least five days before the hearing set by the city council, any interested person may file written comments or exceptions to the report and decision of the hearing officer. The city council shall consider the report of the hearing officer and any written comments or exceptions thereto. At the hearing of the matter, the city council may, but is not required to, hear statements of interested persons, including the appellant(s) and the city staff. The council may accept, reject or modify the decision of the hearing officer;
17.
If the decision of the hearing officer is not adopted by the city council, the city council may decide the case upon the entire record before it, with or without taking additional evidence, or may refer the case back to the hearing officer or another hearing officer that the council shall appoint, to take additional evidence. If the case is reassigned to a hearing officer, the hearing officer shall prepare a report and proposed decision and submit them to the city council. The city council shall reset the matter for hearing and rehear the matter as provided for above;
18.
If the city council does not adopt the decision of a hearing officer, the city council shall make its own decision, which shall be in writing and shall contain findings of fact, the determination of the issues presented, and the final date for abatement. A copy of the decision shall be delivered to the appellant personally or sent by certified mail, postage prepaid, return receipt requested. The decision of the city council shall be final and shall be effective immediately upon the adoption by the city council unless otherwise specified in the decision, or required by state law;
19.
All final decisions with respect to abatement dates shall be recorded with the county recorder.
(Ord. 80 Art. V(T)(17), 1984; Ord. 373 § 6, 1992; Ord. 379 § 2, 1993; Ord. 427 § 2, 1995; Ord. 482 § 3, 1998; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)
§ 9.96.180 Swap meet, permanent.
A.
Approval. A permanent swap meet may be permitted in any zone subject to approval of a conditional use permit (CUP). A CUP shall only be approved based on the findings that the proposed site is appropriate for the operation of a swap meet; there will not be adverse affects to surrounding property, people, or city streets that cannot be effectively mitigated, and the activity will not hinder future development permitted in the zone district in which the site is proposed.
B.
Requirements for Approval. Swap meets approved by the city shall meet or be conditioned upon the following:
1.
The State Board of Equalization Resale Number has been or will be obtained by all vendors who participate or will participate in the swap meet and that the resale numbers are assigned to the city;
2.
Sufficient parking will be provided;
3.
Limitation on the days and hours when the swap meet will be conducted;
4.
Provisions for cleanup and good housekeeping will be maintained;
5.
Prohibiting the sale or trade of flammable liquids, including, but not limited to, gasoline, kerosene, acetone, thinners and solvents; ammunition and blasting agents; liquid petroleum gases or other combustible gases; any type of fireworks; acids, caustics, or oxidizing agents;
6.
Perishable produce or foods, and live animals shall not be offered for sale or trade without approval of the county health officer;
7.
Provision for traffic safety on both the site and adjacent streets are adequate;
8.
The site shall not create a dust, noise, light glare or other environmental problems;
9.
The event shall not degrade or cause undue problems for nearby uses or the immediate surrounding neighborhood;
10.
Provisions are made to ensure collection of fees and taxes as required per city regulations.
C.
Revocation. The planning commission may revoke the CUP for good cause including the following:
1.
The swap meet is no longer compatible with the land uses and development in the area;
2.
Conduct of the use interferes with the normal flow of vehicular or pedestrian traffic on any public right-of-way;
3.
False information was given in connection with the application for or obtaining of the permit;
4.
There was a violation of or a failure to comply with any condition attached to the permit or of any other applicable rules or regulations;
5.
Permittee has failed to bar any customer or participant who is in violation of the permit conditions, or is engaged in activities in violation of any federal, state or local law;
6.
Any other reason exists for which the permit might have been lawfully denied in the first instance, or that for any reason the continued operations under the permit will be inimical to the public safety or general welfare of the community.
(Ord. 80 Art. V(T)(18), 1984; Ord. 386 § 5, 1993; Ord. 862 § 2, 2022)
§ 9.96.190 First-run movie theaters.
First-run movie theaters as defined are allowed only in the area defined by the downtown precise plan.
(Ord. 80 Art. V(T)(19), 1984; Ord. 470 § 4, 1998; Ord. 862 § 2, 2022)
§ 9.98.010 Intent and purpose.
These regulations are intended to provide uniform criteria and standards for the development and operation of senior housing developments and elderly citizens housing developments, and to assure the long-term availability and affordability of said units which, due to the special needs of its residents, merit unique design and locational considerations. Because of these special needs, senior and elderly citizens housing are considered unique uses subject to special provisions, provided the housing remains consistent with the development goals of the community.
(Ord. 80 Art. V(U)(1), 1984; Ord. 140 § 3, 1986; Ord. 294 § 3, 1990; Ord. 862 § 2, 2022)
§ 9.98.020 Location criteria.
The standards established in this chapter shall govern the development of senior and elderly citizens housing which shall be permissible as a conditional use within the R2, RM, R3, RH and PCC zones.
(Ord. 80 Art. V(U)(2), 1984; Ord. 140 § 3, 1986; Ord. 294 § 3, 1990; Ord. 862 § 2, 2022)
§ 9.98.030 Minimum development standards.
Senior housing developments and elderly citizens housing developments constructed under the provisions of this chapter shall generally meet the development standards as are required within the zone. However, certain standards are modified as contained herein to meet the need of senior and elderly housing. In its review of the required conditional use permit, the city may require more stringent standards dependent upon the quality, size, nature and scope of the project proposed and in order to protect the health, safety and welfare of the project's residents and surrounding community. The ultimate project design should result in a senior housing development or elderly housing development no more intensive or impact-producing than the surrounding and/or adjacent developments.
A.
Density. There shall be no density criterion; however, the number of dwelling units in a senior citizen or elderly person housing complex shall be compatible with existing and planned development in the area wherein it is located as determined by the planning commission.
B.
Lot Size. The minimum lot size per project shall be forty thousand square feet.
C.
Yard Spaces. Notwithstanding zone district requirements, the planning commission may reduce yard space requirements provided that such reduction will not adversely affect adjacent properties.
D.
Parking On-Site.
1.
Senior Housing Developments. Parking shall be provided at a ratio of not less than one parking space per dwelling unit;
2.
Elderly Housing Developments. Parking shall be provided at a ratio of not less than 0.75 parking spaces per dwelling unit. Two additional parking spaces shall be designated for the manager's unit;
3.
General. Not less than seventy-five percent of all parking spaces shall be covered. Not less than ten percent of the total number of required parking spaces shall be designed and designated as handicapped spaces. Included within the total number of required parking spaces, one handicapped passenger loading space measuring at least twenty feet by ten feet shall be designed and designated for every twenty-five dwelling units or for every five thousand square feet of area designated for multitenancy use. The planning commission may require additional spaces if it is found that, because of design or multitenancy rooms, there could be additional tenants, thereby increasing the parking demand.
E.
Common Activity Areas.
1.
Senior Housing Developments. There shall be a ratio of at least thirty square feet of indoor and forty square feet of outdoor common activity area for each unit or for every two hundred square feet within rooms designated for multitenancy;
2.
Elderly Housing Developments. There shall be a ratio of at least twenty square feet of indoor and thirty square feet of outdoor common activity area for each unit or for every two hundred square feet within rooms designated for multitenancy.
F.
Dwelling Unit Size.
1.
Senior Housing Developments. Each dwelling unit shall have at least one bedroom and contain five hundred square feet of habitable floor area, plus at least two hundred square feet additional floor area for each additional bedroom.
2.
Elderly Housing Developments. Each dwelling unit shall have at least one bedroom and contain four hundred square feet of habitable floor area, plus at least one hundred square feet additional floor area for each additional bedroom.
G.
Other. All other development requirements such as landscaping, trash enclosures, driveway locations, handicapped accessibility, shall be determined by the planning commission.
(Ord. 80 Art. V(U)(3), 1984; Ord. 140 § 3, 1986; Ord. 294 § 3, 1990; Ord. 862 § 2, 2022)
§ 9.98.040 Plan approval.
The provisions of Chapter 9.72 (Conditional Use Permits) and Chapter 9.78 (Design Review) shall apply. The application and subsequent approval shall be for either a senior housing development or elderly housing development. There shall be no mixing of the requirements contained herein.
(Ord. 80 Art. V(U)(4), 1984; Ord. 140 § 3, 1986; Ord. 294 § 3, 1990; Ord. 862 § 2, 2022)
§ 9.98.050 Covenants, conditions and restrictions (CC&Rs).
In order to ensure the necessary compliance with the provisions of this chapter, and in order to ensure the proper maintenance of developments constructed under these privileges, and to assure that each such project continues to qualify for the specific development conditions under which approval was granted, covenants, conditions and restrictions shall be required prior to development construction. Said CC&Rs shall make provision for enforcing age limitations, relocation when household survivor is not a senior citizen or elderly person, maximum occupancy limitations, long-term project maintenance and repair, and shall make the city a party to such with regard to enforcement, right-of-entry, and enforcement of local traffic/parking regulations; such CC&Rs shall not be amendable without the consent of the city. No such CC&Rs shall be acceptable until approved by the city attorney as to compliance with all code requirements. Such CC&Rs shall be recorded with the county recorder's office, either separately or with a subdivision map, prior to issuance of a building permit.
(Ord. 80 Art. V(U)(5), 1984; Ord. 140 § 3, 1986; Ord. 294 § 3, 1990; Ord. 862 § 2, 2022)
§ 9.98.060 Annual review.
It shall be the responsibility of the owner and/or lessor of senior housing developments and/or of elderly housing developments to submit to the city on an annual basis a statement of proof that each occupied unit is occupied by at least one member who is a senior or elderly citizen as required, or the unit is occupied by the manager.
(Ord. 80 Art. V(U)(6), 1984; Ord. 140 § 3, 1986; Ord. 294 § 3, 1990; Ord. 862 § 2, 2022)
§ 9.100.010 Purpose.
These regulations are intended to establish standards and conditions for the keeping of all animals in the city while protecting the health, safety and welfare of its residents.
(Ord. 80 Art. V(V)(1), 1984; Ord. 436 § 1, 1996; Ord. 862 § 2, 2022)
§ 9.100.020 Fowl and similar animals.
A.
It is unlawful to keep fowl, rabbits, guinea pigs or similar animals in the city except that such animals may be kept in an RE zone not to exceed a total combination of three and providing all of them are kept at least twenty feet from any house built or used for human habitation. Roosters or other fowl which constitute a nuisance by their loud cries, are not allowed in any zone.
B.
The city planner may prohibit those animals which are permitted by this section if findings are made that the animals create an unsanitary condition or other public nuisance.
C.
Variation from the above regulations may be approved by the planning commission upon proper appeal of the city planner's decision.
(Ord. 80 Art. V(V)(2), 1984; Ord. 436 § 1, 1996; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)
§ 9.100.030 Pigs and livestock.
A.
It is unlawful to keep any pig, hog, sheep, bull, stallion, mare, cow, burro, jack, jenny, mule, goat, kid, horse or similar animal in the city except that such animals may be kept in an RE zone not to exceed a total combination of three and providing all of them are kept at least sixty feet from any property line and forty feet from the residence of the property in which they are kept.
B.
The city planner may prohibit those animals which are permitted by this section if findings are made that the animals create an unsanitary condition or other public nuisance.
C.
Variation from the above regulations may be approved by the planning commission upon proper appeal of the city planner's decision.
(Ord. 80 Art. V(V)(3), 1984; Ord. 436 § 1, 1996; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)
§ 9.100.040 Animals not classified.
Any animal not specifically classified within this chapter shall be classified by the city planner, based upon a determination as to the probable negative impact upon the health, safety and general welfare of the community.
(Ord. 80 Art. V(V)(4), 1984; Ord. 436 § 1, 1996; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)
§ 9.100.050 Dogs and cats.
Dogs and cats may be kept in any zone within the city provided that no more than three of each or a combination not to exceed three of these animals are kept within a single legal lot.
(Ord. 80 Art. V(V)(5), 1984; Ord. 436 § 1, 1996; Ord. 862 § 2, 2022)
§ 9.100.060 Animal offspring.
The offspring of animals shall not be counted toward the maximum allowed number until they are of weanable or self-sufficient age.
(Ord. 80 Art. V(V)(6), 1984; Ord. 436 § 1, 1996; Ord. 862 § 2, 2022)
§ 9.100.070 Appropriate and sanitary housing.
Notwithstanding anything to the contrary contained in this chapter, no person, firm or corporation shall keep any kind of animal, as mentioned in this chapter, or otherwise, without housing the same in an appropriate coop, barn, building or other enclosure approved by the city planner so as the same may be safe, sanitary and appropriate for the purpose intended and so as not to create a nuisance.
(Ord. 80 Art. V(V)(7), 1984; Ord. 436 § 1, 1996; Ord. 862 § 2, 2022)
§ 9.100.080 Prohibition of slaughtering.
Slaughtering of animals within the city limits is strictly prohibited, unless it takes place in a bona fide restaurant for the purpose of food preparation.
(Ord. 80 Art. V(V)(8), 1984; Ord. 436 § 1, 1996; Ord. 862 § 2, 2022)
§ 9.100.090 Violation-Penalty.
Any person, firm or corporation violating any of the provisions of this chapter is guilty of an infraction or misdemeanor and upon conviction thereof may be punishable by a fine of not more than one thousand dollars, or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment.
(Ord. 80 Art. V(V)(9), 1984; Ord. 436 § 1, 1996; Ord. 862 § 2, 2022)
§ 9.102.010 Purpose and intent.
These regulations are intended to protect the public health, welfare and safety by reducing air pollution and greenhouse gas emissions caused by vehicle trips and vehicle miles traveled. It is intended to accomplish emission reductions by meeting the requirements of Section 65089(b)(3) of the California Government Code, which requires development of a trip reduction and travel demand element to the Congestion Management Plan (CMP), and Section 65089.3(a)(2) of the California Government Code, which requires adoption and implementation of Trip Reduction and Travel Demand Ordinances by local agencies.
(Ord. 355 § 2, 1992; Ord. 862 § 2, 2022)
§ 9.102.020 Definitions.
For purposes of this chapter, the definitions for the following terms shall apply:
means any mode of travel that serves as an alternative to the single-occupant vehicle. This can include all forms of ride-sharing, such as carpooling or vanpooling, as well as public transit, bicycling, low-speed neighborhood electric vehicles (LNEVs) or walking.
means any new development project that is determined to meet or exceed the employment threshold using the criteria contained in this chapter. An applicable development also includes developments which are owned and/or managed as one unit, such as a business park or shopping center, that also meet or exceed the employment threshold.
means any capital improvements which would benefit an employee who rides a bicycle to their work site, including shower facilities, locker facilities, bicycle parking, etc.
means a development or facility space of a lessee which has altered its initial use to another use not related to the previous. (Example: office space changes its use to commercial space.)
means the builder who is responsible for the planning, design and construction of an applicable development project. A developer may be responsible for implementing this chapter as determined by the property owner.
means any person employed by a firm, person(s), business, educational institution, nonprofit agency or corporation, government agency or other entity which employs one hundred or more persons at a single work site.
refers to factors developed for use by the jurisdiction for protecting the potential employment of any proposed development project.
means any person(s), firm, business, educational institution, government agency, nonprofit agency or corporation, or other entity which employs one hundred or more persons at a single work site, and may either be a property owner or tenant of an applicable development project.
refers to the number of employees which a development must have for the TDM ordinance to be applicable to that employer.
means the minimum changes made to establish a transportation demand management and trip reduction plan at an applicable development project to a level which satisfies this chapter.
means new development projects that combine any land uses one with another.
means any nonresidential project being processed where some level of discretionary action by a decision-making body is required.
means standards to which employers, TMAs or a managing office of a development administered as one unit are subjected in order to achieve the mandatory ten-percent reduction in trips related to the project.
means those hours of the business day seven a.m. and nine a.m. inclusive, Monday through Friday, which TDM strategies such as this chapter identify as the priority period for reducing work-related vehicle trips.
means the legal owner of the applicable development.
means any capital improvements which would benefit an employee who rideshares to the work site, including on-site amenities, preferential parking, and rideshare drop-off areas at the entrance of the work site.
means a plan of development subject to hearing before the planning commission, such as design review, conditional use permit, planned use development, and specific plan.
means any capital improvements which would benefit an employee who uses any form of transit to travel to the work site, including transit stops, shelters, bus turnouts, park-and-ride lots, and other transit amenities.
means a voluntary entity of employers, property owners and other interested parties who share a mutual concern for local transportation problems. TMAs have the ability to collectively pool participants' resources to address these issues. A TMA must still meet a ten percent reduction in work-related trips for each individual applicable new development.
means the implementation of programs, plans or policies designed to encourage changes in individual travel behavior. TDM can include an emphasis on alternative travel modes to the single-occupant vehicle, such as carpools, vanpools, and transit; reduction or elimination of the number of vehicle trips, or shifts in the time of vehicle commutes to other than peak period.
means a building, or grouping of buildings located within the jurisdiction which are in physical contact or separated solely by a private or public roadway or other private right-of-way, and which are owned or operated by the same employer (or by employers under common control).
(Ord. 355 § 2, 1992; Ord. 862 § 2, 2022)
§ 9.102.030 Applicability.
These regulations shall apply to all new development projects and/or change of use projects that are estimated to employ a total of one hundred or more persons. For the purpose of determining whether a new development project is subject to these regulations, the total employment figure will be determined as follows:
A.
Employment projections developed by the project applicant, subject to approval by the city planner; or
B.
1.
Employment projections developed by the city planner using the following employee generation factors by type of use.
Land use category | Gross sq. ft./employee |
|---|---|
Retail/commercial | 500 |
Office/professional | 250 |
Industrial/manufacturing | 525 |
Hotel/motel | 0.8-1.2 employees/room |
Hospital | 300 |
2.
The employment projection for a development of mixed use or multiple uses shall be calculated on a case-by-case basis based upon the proportion of development devoted to each type of use.
(Ord. 355 § 2, 1992; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)
§ 9.102.040 Exemptions.
Notwithstanding any other provisions, the following uses and activities shall be specifically exempt:
A.
Development projects expected to employ fewer than one hundred persons;
B.
Temporary construction activities on any affected project, including activities performed by engineers, architects, contractors, subcontractors and construction workers;
C.
Temporary activities as authorized by the city when such temporary activities shall discontinue at the end of the designated time period;
D.
Subdivision of land for the purpose of creating sites for the future development of place of employment.
(Ord. 355 § 2, 1992; Ord. 862 § 2, 2022)
§ 9.102.050 Minimum standards.
A.
All applicable new developments (nonresidential developments which employ one hundred or more persons) which are owned and managed as one unit shall submit a transportation demand management plan prepared by a traffic engineer, transportation planner or other qualified professional identifying traffic impacts associated with a proposed project and including design recommendations and mitigation measures, as appropriate, to address on- and off-site project impacts. Said TDM plan shall include a trip reduction plan to reduce work-related vehicle trips by ten percent from the expected number of trips related to the project (as indicated in the Trip Generation Handbook published by the Institute of Traffic Engineers). The plan shall also indicate specific strategies and guidelines to reduce the amount of trips and increase the amount of nonvehicular transportation.
B.
All developers of applicable new developments and/or change of use shall be subject to required capital improvement standards as specified herein. These standards must all be addressed to determine if they are applicable to the development. These required standards may be used to achieve the mandatory reduction of ten percent in the expected number of trips related to the project. Developers of all applicable developments shall include in their project site development plans provisions to address each of the following capital improvements:
1.
Transit Facilities (On- and Off-Site). If an applicable development is on a current transit route, if not already existing in close proximity, provide a transit stop including a shelter, trash barrels, benches, and shade and wind protection. Also included where appropriate should be a bus turnout and a direct pedestrian walkway from the development;
2.
Provisions for the implementation of bicycle lanes, including bicycle parking facilities equal to five percent of the total required automobile parking spaces, and reserving a minimum of one percent of the gross floor area for employee locker and shower facilities; and
3.
Rideshare facilities, including rideshare vehicle loading areas, preferential parking for carpool vehicles, and vanpool vehicle accessibility.
C.
Operational standards must be established sixty days after occupancy of the development by an employer.
D.
The following options may be included in the developer's TDM plan to fulfill both the capital improvement standards and the operational standards:
1.
Alternate Work Schedules/Flex-Time. Incorporate alternate work schedules and flex-time programs (such as a 9/80 or 4/40 work schedule);
2.
Telecommuting. Establish telecommuting or work-at-home programs to allow employees to work at home or at a satellite work center;
3.
On-Site Employee Housing and Shuttles. Provide affordable on-site housing and shuttles to and from residential and work areas;
4.
Information center for transportation alternatives;
5.
On-site child care facilities;
6.
Availability of electrical outlets for recharging of electric vehicles;
7.
On-site amenities such as cafeterias and restaurants, automated teller machines, and other services that would eliminate the need for additional trips;
8.
Airport shuttle service to hotels and spas;
9.
Contributions to funds providing regional facilities, such as park-and-ride lots, multi-modal transportation centers and transit alternatives in the area;
10.
Incentives for mass transit usage, including provision of a bus pass, additional pay, flex-time, or others;
11.
Implementation of increased parking fees or new fees;
12.
Restriction of business hours;
13.
Restriction of delivery hours;
14.
Contribute up to one dollar per square foot to a housing subsidy fund so that affordable housing can be created closer to employer sites;
15.
Develop rideshare and shuttle programs at resorts/hotels;
16.
Create golf cart circulation system;
17.
If an applicable development is not located on a current transit route, contribute to a fund which will be used to provide transit amenities; and
18.
Other strategies submitted by the developer to the satisfaction of the city planner.
(Ord. 355 § 2, 1992; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)
§ 9.102.060 Processing time limits.
The city planner, or designee, shall inform the applicant of a transportation demand management review application of the completeness of such an application within thirty days of receipt. Once the application is complete, the city planner or designee shall either approve or deny the application within sixty days or forward the application to the city council for their approval, assuring that the application is processed expeditiously (within ninety days from the date the application was deemed complete).
(Ord. 355 § 2, 1992; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)
§ 9.102.070 Filing procedure and evaluation.
A.
A request for TDM approval shall be made through application forms provided by the city planner.
B.
A processing fee shall be paid at the time the application is filed. The fee shall be as established by city council resolution.
C.
An application for TDM review shall be supplemented by plans and other pertinent information to adequately address all applicable aspects of a proposal.
D.
The city planner shall review applications and arrive at recommendations or approvals as appropriate, by considering aspects of conformance with this chapter.
(Ord. 355 § 2, 1992; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)
§ 9.102.080 Annual review.
A.
The city planner shall review approved TDM plans annually for compliance to this chapter by sampling twenty-five percent of implemented TDM programs. This sampling will result in either renewal of a TDM program if the TDM plan is reducing work-related trips by ten percent, or denial of a renewal due to noncompliance with these regulations. If a TDM plan is not renewed, an updated plan must be submitted by the applicable development (developer, owner, employer or managing office) within thirty days of the denial of renewal. A follow-up review for compliance of the updated TDM plan will take place within ninety days.
B.
The city planner shall also review any approved TDM plan for compliance if complaints about a TDM plan and its noncompliance are recorded to the city.
(Ord. 355 § 2, 1992; Ord. 554 § 1, 2002; Ord. 862 § 2, 2022)
§ 9.102.090 Enforcement and penalties.
For purposes of ensuring that applicable developments comply with the provisions of these regulations, the city shall, following written notice to subject property owner(s), initiate enforcement action(s) against such property owner(s) or designee(s) which may include, but not be limited to, the following:
A.
Withholding issuance of a building permit or certificate of use and occupancy, or the cancellation of any permit issued if compliance no longer exists;
B.
Noncompliance infraction;
C.
Issuance of a stop work order; and
D.
Injunctive action or other appropriate court proceeding.
(Ord. 355 § 2, 1992; Ord. 862 § 2, 2022)
§ 9.102.100 Appeals.
A.
An appeal may be made by the property owner(s) or designee(s) of any applicable development regarding decisions made by the city planner on provisions of these regulations.
B.
Such appeals may be reviewed by the city council, who must act on such appeals within sixty days of such filing, unless the appellant agrees to a delay on such decision.
(Ord. 355 § 2, 1992; Ord. 554 § 1, 2002; Ord. 862 § 2, 2022)
§ 9.104.010 Purpose and intent.
A.
The purpose of this chapter is to comply with the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act by providing all people with disabilities reasonable accommodations in certain residential development standards for the purpose or providing such persons with an equal opportunity to use and enjoy a dwelling they occupy or intend to occupy.
B.
Accommodations granted pursuant to this chapter are intended to benefit only those people with disabilities for which the accommodations were granted pursuant to this chapter.
(Ord. 561 § 2, 2002; Ord. 862 § 2, 2022)
§ 9.104.020 Public notice.
A notice advising people with disabilities or their representatives that they may request accommodations from the city's residential development standards in accordance with the procedures established in this chapter shall be publicly displayed at the planning and building public counters in a place accessible and/or visible to the general public.
(Ord. 561 § 2, 2002; Ord. 862 § 2, 2022)
§ 9.104.030 Application.
A.
Any person with a disability may submit an application for accommodations in the city's residential development standards by submitting an application to the city planner or his or her designee on a form provided by the city.
B.
The following information shall be provided:
1.
The applicant's name, mailing address and daytime phone number(s) (and/or representatives) if so applicable;
2.
Notarized written consent of the owner of the subject property if the applicant is not the owner;
3.
The address of the property for which the request is being made;
4.
The specific zoning code, law, regulation, procedure or policy from which relief is sought;
5.
An explanation of why the specified zoning law or regulation is preventing or will prevent the applicant's use and enjoyment of the dwelling;
6.
The nature of the accommodation requested; and
7.
The basis for the claim that the applicant qualifies as a person with a disability pursuant to the Cathedral City Municipal Code.
C.
There shall be no filing fee imposed in connection with an application filed pursuant to this section.
(Ord. 561 § 2, 2002; Ord. 862 § 2, 2022)
§ 9.104.040 Notice to adjacent owners.
A.
Notice of the filing of an application shall be mailed to the owners of record of all properties immediately adjacent to the property which is subject of the application.
B.
The notice shall set forth the address of the subject property, the specific zoning code, law, regulation, procedure or policy from which relief is being requested and the nature of the accommodation requested. The notice shall also inform the property owners that they may contact the city planner or his or her designee in order to request written notice of any decisions made or hearings scheduled regarding the application.
C.
Any property owner making a request of such written notice shall be deemed an "interested person" for purposes of this chapter.
D.
The applicant shall bear the costs of the mailing.
(Ord. 561 § 2, 2002; Ord. 862 § 2, 2022)
§ 9.104.050 Authority.
The city planner or his or her designee shall have the authority to consider and act on all applications filed pursuant to this chapter.
(Ord. 561 § 2, 2002; Ord. 862 § 2, 2022)
§ 9.104.060 Grounds for approving application.
A.
The city planner or his or her designee shall approve an application upon a showing of all of the following:
1.
That the applicant is a person with a disability within the meaning of Cathedral City Municipal Code Section 17.03.41(b) (Zoning Ordinance);
2.
That the subject dwelling is, or is intended to be, occupied by the applicant and the owner has provided the requisite notarized written consent to submit the application;
3.
That the requested accommodations are necessary to afford the applicant an equal opportunity to use and enjoy a dwelling which he or she occupies or intends to occupy;
4.
That the requested accommodations are reasonable and will not impose an undue financial hardship or administrative burden on the city; and
5.
That the requested accommodations will not require a fundamental alteration of the city's zoning or building laws, policies and/or procedures.
B.
The following factors shall be considered in making a determination regarding the reasonableness of the requested accommodations:
1.
The special need created by the applicant's disability;
2.
The benefit to be bestowed upon applicant by granting the requested accommodations;
3.
The potential impact on adjacent properties;
4.
The physical attributes of the property and structures;
5.
Any health or safety concerns created by the requested accommodations; and
6.
The availability of reasonable alternative accommodations which may provide an equivalent level of benefit.
(Ord. 561 § 2, 2002; Ord. 862 § 2, 2022)
§ 9.104.070 Assistance to be provided.
A.
If an applicant needs assistance in completing the application or appealing the city's notice of determination, the city shall provide the assistance necessary to ensure that the process is accessible to the applicant.
B.
The applicant shall be entitled to be represented at all stages of the proceeding by a person designated by the applicant.
(Ord. 561 § 2, 2002; Ord. 862 § 2, 2022)
§ 9.104.080 Notice of determination.
A.
The city planner shall issue a written notice of determination within thirty days of the date of receipt of a completed application and may (1) grant the application, (2) grant the application subject to specified nondiscriminatory conditions, or (3) deny the request.
B.
The notice of determination shall give notice of the right to appeal and the right to request reasonable accommodations in the appeals process.
C.
A copy of the notice of determination shall be sent by certified mail, return receipt requested, to the applicant and to all interested persons.
D.
If necessary to reach a determination on the application, the city planner may request further information from the applicant consistent with this chapter specifying in detail what information is required.
E.
In the event a request for further information is made, the thirty day period to issue a notice of determination shall be stayed until the applicant responds to the request.
(Ord. 561 § 2, 2002; Ord. 862 § 2, 2022)
§ 9.104.090 Appeal of a notice of determination.
A.
Any person aggrieved by the notice of determination may file an appeal with the city planner of any determination or any condition or limitation imposed therein.
B.
Said appeal shall be filed within ten days from the date of service of said notice.
C.
Any appeal not timely filed shall be rejected.
D.
An appeal filed pursuant to this section shall be in writing and shall contain the following information:
E.
A filing fee in an amount established by city council resolution must be paid to the city at or prior to the time of the filing of the appeal.
F.
Any appeal filed that fails to provide all of the information required by this section and the appropriate filing fee shall be deemed incomplete.
G.
Failure to timely and properly file an appeal of the notice of determination shall constitute a waiver of all rights to an administrative appeal hearing.
H.
Within three days after the city has determined that a timely and complete appeal of a notice of determination has been filed, the city planner shall provide written notice by first class mail or facsimile to the Desert Bar Association requesting a hearing officer.
I.
The Desert Bar Association will provide to the city planner and the person or entity who filed the appeal a notice listing three randomly selected names of hearing officers who are practicing and retired attorneys and judges who have agreed to join a panel from which hearing officers are selected by the Desert Bar Association. Each party shall have the opportunity to reject one of the three proposed hearing officers provided by the Desert Bar Association. In the event that two out of the three listed hearing officers are rejected by the parties to the hearing by the deadline stated in the notice, the remaining hearing officer shall become the selected hearing officer for purposes of presiding over that particular hearing. In the event that only one or none of the three listed hearing officers are rejected by the parties to the hearing by the deadline stated in the notice, the first hearing officer on the top of the list who has not been rejected shall become the selected hearing officer for purposes of presiding over that particular hearing. Once the hearing officer is selected, the city shall contact said officer to schedule a date, time, and location for the hearing.
J.
As soon as practicable, but allowing sufficient time for providing notice of the hearing as required by this chapter, the hearing officer shall fix a date, time and place for the hearing of the appeal and shall instruct the city planner of the same. The city planner shall prepare a notice of administrative appeals hearing ("hearing notice"), which shall be in substantially the same form as follows:
You are hereby notified that a hearing will be held before the Administrative Hearing Officer at _____ on the _____day of __________, 20_____ at the hour of _____. You may be present at the hearing. You may be, but need not be, represented by an attorney. You may present any relevant evidence at the hearing and you will be given a full opportunity to cross-examine all witnesses. You are entitled to request reasonable accommodation in the procedure by which an appeal will be conducted.
K.
The city planner shall cause a copy of the hearing notice to be provided to each appellant and interested person either by causing a copy of said notice to be delivered personally or by causing a copy of said notice to be delivered by certified mail, postage prepaid, return receipt requested, and addressed to each appellant and to all other interested persons.
L.
The city planner shall prepare an administrative hearing packet for the hearing officer to review prior to the hearing. The packet shall include a copy of the notice of determination, a staff report and all other applicable evidence.
M.
At the appeals hearing, the hearing officer shall hear any evidence offered either in support of appellant's claim or in support of the notice of determination provided such evidence is relevant to the issues of the hearing. The hearing officer has the authority to determine the relevance of any evidence to the hearing. The hearing officer also has the authority to exclude unduly repetitious and cumulative evidence, regardless of its relevancy.
N.
If appellant fails to attend the scheduled appeals hearing, the hearing will proceed without appellant and he or she will be deemed to have waived his or her rights to be orally heard at the appeals hearing.
O.
Each party appearing at the hearing shall have the following rights: (a) to call and examine witnesses; (b) to introduce documentary and physical evidence; (c) to cross-examine opposing witnesses; (d) to impeach any witness regardless of which party first called the witness to testify; (e) to rebut evidence; and (f) to be represented by anyone who is lawfully permitted to do so.
P.
Following the appeal hearing, the hearing officer may decide to uphold the notice of determination or overturn the city's findings, in whole or in part. The hearing officer shall prepare and serve a written notice of decision upon the appellant, the city planner, and all interested persons following the appeals hearing.
Q.
The decision of the hearing officer shall be final.
(Ord. 561 § 2, 2002; Ord. 862 § 2, 2022)
§ 9.104.100 Nonconforming status.
A.
Any accommodations granted pursuant to this chapter are intended to benefit only the applicant and such accommodations shall not be considered covenants, conditions, restrictions or benefits that run with the land.
B.
Upon the intended permanent vacation or abandonment of the subject dwelling by the applicant, for a period of ninety days or more, the subject dwelling shall be deemed a nonconforming structure and/or nonconforming site improvement and shall be subject to the provisions set forth in Chapter 9.66.
C.
Any person with a disability who intends to occupy or occupies a nonconforming structure and/or nonconforming site improvement, as described in this section, may submit an application for accommodations in the city's residential development standards pursuant to this chapter for the same accommodations and/or additional accommodations for which they may qualify. Any accommodations previously granted which are not granted to a subsequent applicant shall maintain the designation of a nonconforming structure and/or nonconforming site improvement and shall continue to be subject to the provisions set forth in Chapter 9.66.
(Ord. 561 § 2, 2002; Ord. 862 § 2, 2022)
§ 9.106.010 Authority, purpose and intent.
A.
This chapter is enacted pursuant to the authority granted by California Government Code Section 66477 et seq. (the "Quimby Act") which specifically authorizes the city to require dedication of parkland or the payment of fees in-lieu of such dedication in set amounts to meet the needs of the citizens of the community for parkland and to further the health, safety and general welfare of the community.
B.
The purpose of this chapter is to establish the procedures for requiring the dedication of land, the payment of fees in-lieu thereof (or a combination of both) to serve new subdivisions in accordance with the requirements of the city's general plan and in compliance with the requirements of the Cathedral City parks and recreation master plan, 2005 ("parks master plan") and the requirements of the Quimby Act.
(Ord. 612 § 2 2006; Ord. 862 § 2, 2022)
§ 9.106.020 Definitions.
For the purpose of this chapter, unless otherwise apparent from the context, the following terms, phrases, words and their derivations shall have the meanings respectively ascribed to them by this section:
means the Quimby Act, Government Code Section 66477 et seq.
means the type of development project defined at Section 1351 of the California Civil Code.
means a park that generally services an area within a five-mile radius and is usually twenty acres or larger. This type of park will generally allow for a greater variety of passive and active recreation opportunities and areas or buildings for community festivals and civic events, as well as for organized indoor sport and athletic competitions.
means each single-family dwelling, each dwelling unit in a duplex, apartment house or dwelling, condominium, mobile home unit, and any other place designed, occupied or intended for occupancy as a separate living quarter by one or more persons for living, sleeping, cooking and eating.
means the fair market value of undeveloped residential real property as applicable for the density classifications established by the city council for the implementation of this chapter.
means a park that generally services an area within a one and one-half mile radius and is generally five to ten acres. This type of park is designed for a variety of active and passive recreation opportunities.
means a parcel or contiguous parcels of land that provides recreational land and facilities for the benefit and enjoyment of the residents and visitors of the city.
means the city of Cathedral City parks and recreation master plan, 2005, which was adopted and approved by the city council on December 14, 2005. A copy of the parks master plan is maintained on file with the city clerk.
means those improvements to parks which provide a recreational opportunity for the user, including, but not limited to, ball fields, lighting, swimming pools, tennis courts, picnic shelters, trails, play/tot lots, and community buildings.
means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others.
means that definition contained in Government Code Section 66424 and shall include any division of land governed by the provisions of the Subdivision Map Act (commencing with Government Code Section 66410).
(Ord. 612 § 2 2006; Ord. 862 § 2, 2022)
§ 9.106.030 Applicability-Exceptions.
A.
Every subdivider who subdivides land for residential purposes shall dedicate a portion of such land, pay a fee, or a combination of both, at the option of the city as set forth in this chapter.
B.
The provisions of this chapter do not apply to industrial and commercial subdivisions, or to condominium projects or stock cooperatives that consist of the subdivision of air space in an existing apartment building that is more than five years old when no new dwelling units are being added.
C.
The provisions of this chapter do not apply to subdivisions containing less than five parcels and not used for residential purposes; provided however, that a condition may be placed on the approval of a parcel map, that if a building permit is requested for the construction of a residential structure, or structures, on one or more of the parcels, within four years, the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of the permit.
D.
The city council may waive all, or any portion of, the dedication or fees required by this chapter if it finds that a subdivision will serve a public purpose or satisfy a public need and the subdivision is located within a redevelopment project area or other special district, or involves the participation of the city or the Cathedral City redevelopment agency. Moreover, the city council may, from time to time, and as the need may arise, set forth, by resolution, specific limitations, which will apply to waivers of fees pursuant to this section.
(Ord. 612 § 2 2006; Ord. 862 § 2, 2022)
§ 9.106.040 Park acreage standard.
The public interest, convenience, health, welfare, and safety require that three net acres of useable parkland for each one thousand persons residing within a subdivision shall be devoted to parks.
(Ord. 612 § 2 2006; Ord. 862 § 2, 2022)
§ 9.106.050 Subdivider's notice to dedicate land, pay in-lieu fee or both.
A.
At the time of filing a tentative tract or parcel map, the subdivider of the property shall indicate whether he or she desires to dedicate property for park and recreational purposes, pay the in-lieu fee or a combination of both dedication and payment.
B.
If the subdivider desires to dedicate land within the subdivision pursuant to this chapter, the location of the land proposed to be dedicated shall be indicated on the map.
C.
If the subdivider desires to dedicate land outside of the subdivision pursuant to this chapter, at the time of filing the tentative tract or parcel map, the subdivider of the property shall submit the following to the city:
1.
An environmental assessment for the land proposed to be dedicated prepared in compliance with the California Environmental Quality Act and as required by the city planner;
2.
A schematic site plan, which shall include but not be limited to, identifying the boundaries of the dedicated land, site access and improvements.
(Ord. 612 § 2 2006; Ord. 862 § 2, 2022)
§ 9.106.060 Dedication of land or payment of fees or a combination of both.
A.
Upon consideration of a tentative parcel map or a tentative tract map involving fifty or fewer parcels, a condition of approval shall be placed on the map that the subdivider shall pay an in-lieu fee for park or recreational purposes pursuant to this chapter. If applicable, the city planner shall also recommend the credits for which the subdivider is eligible pursuant to Section 9.106.120.
B.
Upon consideration of a tentative tract map involving more than fifty parcels, a condition of approval shall be placed on the map that the subdivider shall do one of the following:
C.
The city planner shall base his or her recommendation under this section upon the following:
1.
The requirements of the Quimby Act;
2.
The city's general plan;
3.
The parks master plan;
4.
The topography, geology, access, and location of the land in the subdivision available for dedication;
5.
The size and shape of the subdivision and the land available for dedication;
6.
The location of existing or proposed park sites and recreational facilities; and
7.
The desirability of developing the land proposed for dedication for park and recreational purposes as determined by a schematic site plan submitted by the subdivider.
(Ord. 612 § 2 2006; Ord. 862 § 2, 2022)
§ 9.106.070 Timing, standards and formula for land dedication-Required improvements.
The following shall apply when a subdivider is conditioned to dedicate land pursuant to this chapter:
A.
As condition of approval of a final subdivision tract map or final parcel map, the subdivider shall dedicate all required lands and improvements to the city pursuant to Section 9.106.080.
B.
The amount of land to be dedicated by a subdivider shall be determined as follows:
1.
The city planner shall determine the number of dwelling units per gross acre to be constructed. The city shall determine the average number of persons per dwelling unit, which shall be based upon the average household size for the dwelling units to be constructed, as disclosed by the most recent available federal census figures.
2.
The amount of land to be dedicated shall be computed by multiplying the product of (a) the number of proposed dwelling units; (b) the average number of persons per dwelling unit within the density classification appropriate for the subdivision in question; and (c) the park acreage standard of three acres per one thousand residents of the subdivision.
3.
The following formula demonstrates the method of calculating the amount of land to be dedicated:
Number of dwelling units based on proposed map x 2.87 (average number of persons per dwelling)[1] x 0.003 (3 acres per 1,000 residents of the subdivision) = Number of acres to be dedicated |
[1]
*2020 U.S. Census
C.
The conditions of approval for land dedication under this chapter shall be based on the following:
1.
The natural features of the area, including the topography and geology;
2.
The availability of access;
3.
The location;
4.
The size and shape of the subdivision;
5.
The land available to dedication and the feasibility of dedication;
6.
The availability of park sites for acquisition, development, improvement, or rehabilitation, in case land dedication is considered not feasible;
7.
The location of existing and proposed park sites;
8.
The suitability for patrol, supervision and maintenance; and
9.
The compatibility of dedication with the city's general plan and other adopted plans pertaining to parks and recreation.
D.
When the city planner has required the dedication of land pursuant to this chapter, subdivider shall, without credit, as a further condition of such approval, construct and install the following public improvements within the dedicated land and adjoining public rights-of-way, which are in addition to any parks and recreation facilities and improvements impact fees imposed upon the project:
1.
Full street improvements and utility connections including, but not limited to, curbs, gutters, relocation of existing public utility facilities, street paving, traffic control devices, street trees, and sidewalks to the dedicated land.
2.
Fencing consistent with city improvement standard along the property lines that are contiguous to the park.
3.
Improve the drainage through the park site.
4.
Minimal physical improvements, not including recreational facilities, building or equipment, which the city determines are necessary for acceptance of the land for park and recreational purposes.
5.
Access from the park and recreational facilities to an existing or proposed public street, unless the city determines that such access is unnecessary for maintenance of the park area or use of the park.
6.
Water, sewer, grading and drainage improvements, in addition to those grading, drainage, irrigation and planting improvements required under other city ordinances.
7.
Any other public improvements that the city determines are necessary in order to make the dedicated land suitable for development as a park or recreation facility.
(Ord. 612 § 2 2006; Ord. 862 § 2, 2022)
§ 9.106.080 Dedication of land.
A.
The dedication of land to the city pursuant to this chapter shall be accomplished in accordance with the provisions of the Subdivision Map Act.
B.
Real property dedicated to the city pursuant to the provisions of this chapter shall be:
1.
Conveyed by grant deed in fee simple or irrevocably offered for dedication to the city by the subdivider free and clear of all encumbrances, except those which will not interfere with the use of the property for park and recreational purposes and which the city agrees to accept;
2.
Restricted to park and recreational purposes; and
3.
Permanently devoted or dedicated to use by the general public, unless a satisfactory substitute is approved by the city planner. Where fees are required, they shall be deposited with the city at the time prescribed by Section 9.106.090(A).
(Ord. 612 § 2 2006; Ord. 862 § 2, 2022)
§ 9.106.090 Timing, standards and formula for payment of in-lieu fee.
The following shall apply when a subdivider is conditioned to pay the in-lieu fee proposed by this chapter.
A.
As a condition of approval of a final subdivision tract map or final parcel map, the subdivider shall pay the full amount of the in-lieu fee.
B.
The amount of the fee the subdivider shall pay shall be determined as follows:
1.
The city planner shall determine the per acre fair market value of the unimproved land within the subdivision. One of the following methods shall be used to determine the fair market value:
2.
The following formula demonstrates the method of calculating the in-lieu fee:
Number of dwelling units based on proposed map x 2.87 (average number of persons per dwelling)[1] x 0.003 (3 Acres per 1,000 residents of the subdivision) x Land acquisition costs per acre = Total inlieu fees |
[1]
2020 U.S. Census
(Ord. 612 § 2 2006; Ord. 862 § 2, 2022)
§ 9.106.100 Timing, standards and formula for combination of dedication of land and payment of inlieu fee for subdivisions of fifty or more parcels.
When only a portion of the land needed to satisfy the dedication requirement meets the minimum park standards and is acceptable to the city as a park site and is located within the proposed subdivision, such portion shall be dedicated for park purposes and a fee, computed pursuant to Section 9.106.090 shall be paid for the additional land that would have been required to be dedicated pursuant to Section 9.106.070.
(Ord. 612 § 2 2006; Ord. 862 § 2, 2022)
§ 9.106.110 Use of dedicated land and in-lieu fees-Development schedule.
A.
Land dedicated to and accepted by the city pursuant to this chapter shall be used for the purpose of developing parks and recreational facilities which serve the residents of the subdivision in accordance with a development schedule adopted by the city council. The schedule shall specify how and when such land will be used for the development of neighborhood or community park facilities.
B.
In-lieu fees paid pursuant to this chapter shall be used for the acquisition of land suitable for park and/or recreational use and the development of new and existing park and recreational facilities.
(Ord. 612 § 2 2006; Ord. 862 § 2, 2022)
§ 9.106.120 Credits.
A.
At the time of approval of the final tract map or parcel map, the subdivider shall receive a credit for the value of park and recreation improvements, including equipment, provided to the dedicated land, provided said improvements are made or installed with the city planner's prior approval and to the city planner's satisfaction. The city planner shall determine the value of the improvements.
B.
At the time of approval of a final tract map or parcel map the subdivider shall receive a credit of twenty-five percent of the requirement for dedication of land or payment of fees as follows:
1.
A common interest development with private land that satisfies the criteria for dedicated park and recreational land pursuant to Section 9.106.070 and is dedicated for active recreational purposes as required by this section ("private and dedicated park land") shall be eligible to receive credit for the value of such private land. The city planner shall determine the reasonable value of the improvements.
2.
A residential subdivision with private land that satisfies the criteria for dedicated park and recreational land pursuant to Section 9.106.070 and is dedicated for active recreational purposes as required by this section ("private and dedicated park land") shall receive credit for the value of such private land. The city planner shall determine the reasonable value of the improvements.
C.
For purposes of this section, "active recreational purposes" means recreation facilities open to and accessible by all residents of the development and their guests and invitees and designed to provide individual or group activities of an active nature, including, but not limited to the following:
1.
Open spaces dedicated to the active recreational pursuits such as soccer, golf, baseball, softball and football;
2.
Tennis courts, badminton courts, shuffleboard courts or similar hard-surfaced areas especially designed and exclusively used for court games;
3.
Recreational swimming pools and other swimming areas;
4.
Golf courses;
5.
Children's play areas;
6.
Community gardens;
7.
Watercourses, drainage areas and other water bodies, provided:
D.
Use of the private and dedicated park land must be restricted for park and recreation purposes by a recorded park provision agreement or such other recorded covenant acceptable to the city attorney. The agreement or covenant shall run with the land in favor of the future owners of the property within the subdivision and shall not be defeated or eliminated without the city council's prior consent and in no event without providing equivalent land elsewhere within the subdivision or at such other location as will serve the park or recreation requirements of the residents of the subdivision.
E.
Each resident of the subdivision must be eligible to use the private and dedicated park land and each lot or dwelling unit within the subdivision is subject to a charge for a proportionate share of the cost and expenses to operate and maintain the land.
F.
Yards, court areas, setbacks and other open space areas required to be maintained by this code, the building code or other regulations of the city shall not be included in the computation of private and dedicated park land.
(Ord. 612 § 2 2006; Ord. 862 § 2, 2022)
§ 9.106.150 Refunds.
Fees paid to the city and deposited into the park acquisition and development fund shall be committed within five years after payment of such fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees are not committed, they shall be distributed and paid without any deductions to the then record owners of the subdivision in the same proportion as the size of their lot bears to the total area of all lots within the subdivision.
(Ord. 612 § 2 2006; Ord. 862 § 2, 2022)
§ 9.106.160 Disposition of proceeds-Fund created.
A.
All proceeds from the fees collected under this chapter shall be paid into a special fund of the city entitled "park acquisition and development fund" which fund is hereby created. All sums collected pursuant to the provisions of this chapter, together with any interest income earned thereon, shall be used only for the purpose of acquiring, building, improving, expanding and/or developing city parks in accordance with the requirements of this chapter.
B.
In the event that bonds or similar debt instruments are issued for the advanced provision of park and recreational facilities for which in-lieu fees may be expended, such fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type to which the fees involved relate.
D.
The director of finance shall maintain records specifically identifying the origin of the funds used for any project or improvement funded, in whole or in part, by the park acquisition and development fund. Such records shall enable the director of finance to trace the fees from new residential subdivisions to specific projects funded by each subdivision. Any interest accruing on account of time deposit of the fund, or otherwise, shall be deposited to the credit of the fund.
E.
Upon receipt of a written application from the city planner for disbursement of monies from the park acquisition and development fund on account of expenditures made or proposed for the benefit or use of parks or recreational facilities, the director of finance shall immediately advise the city manager (or designee) and provide him with copies of any accompanying documents or papers that might have been submitted in support of the application. Within ten days after receipt of such notice, the city manager shall advise the director of finance whether the disbursement made or proposed is consistent with this chapter. If the city manager fails to so certify within ten days, it shall be presumed that he has made a positive finding therein. Within five days thereafter, the director of finance shall, if a positive finding has been made or presumed, approve payment as requested.
(Ord. 612 § 2 2006; Ord. 862 § 2, 2022)
§ 9.106.170 Controlling state law.
The provisions of this chapter and any resolution adopted pursuant hereto shall at all times be subject and subordinate to the provisions of the Quimby Act, as the same presently exists or may hereafter be amended from time to time, to the extent the same are applicable. In the event of any conflict between the provisions of this chapter and state law, the latter shall control.
(Ord. 612 § 2 2006; Ord. 862 § 2, 2022)
§ 9.108.010 Purpose.
A.
The purpose of this chapter is to regulate cannabis business land uses, as permitted by Section 26200 of the California Business and Professions Code, in a manner designed to minimize negative impacts on the city and neighboring uses, and promote the health, safety, morals, and general welfare of residents and businesses within the city.
B.
This chapter is further adopted and established pursuant to the specific authority granted to Cathedral City in Section 7 of Article XI of the California Constitution and Section 26200 of the California Business and Professions Code. This chapter shall govern all cannabis businesses within the jurisdiction of Cathedral City.
(Ord. 801 § 3, 2017; Ord. 862 § 2, 2022)
§ 9.108.020 Relationship to other laws.
A.
In the event of any conflict between the provisions of this chapter and the provisions of MAUCRSA or any other applicable state or local law, the more restrictive provision shall control.
B.
Except as expressly stated herein, cannabis businesses must comply with all other city codes and regulations. Nothing in this chapter shall be construed as permitting a cannabis business to operate at any time in a manner that is in violation of all other applicable state and local laws.
(Ord. 801 § 3, 2017; Ord. 862 § 2, 2022)
§ 9.108.030 Definitions.
Unless otherwise defined herein or in Section 9.08.020 of this code, the terms in this chapter shall have the same meaning as set forth in the MAUCRSA and any rules promulgated pursuant thereto. In addition, the following terms shall be defined as follows:
means a structure that: (1) does not allow for the visibility of the interior from the outside; (2) is secured with a lock; (3) is completely surrounded on all sides by a wall; and (4) is roofed. Enclosed locked structures may include greenhouses, provided that only the roof of the greenhouse is made of transparent glass, and accessory buildings.
means either of the following: (1) for proposed dispensaries south of Interstate 10, the approval of the conditional use permit would result in more than twenty dispensaries being approved to operate south of Interstate 10; or (2) for proposed dispensaries north of Interstate 10, the proposed dispensary is located less than five hundred feet from another approved dispensary, measured in accordance with Section 9.108.070(C).
means a building, room or other area that is part of the premises where cannabis is grown, cultivated, stored, weighed, displayed, packaged, or sold to other cannabis businesses with limited access to only authorized personnel.
means a license granted by the local licensing authority pursuant to Chapter 5.88 of this code.
means the city manager or designee.
means Division 10 of the California Business and Professions Code.
means any location within the city that is not within an enclosed locked structure.
means any zoning district listed in Division II of this title where any residential use other than a "caretaker's residence" is permitted by right.
shall mean and include California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996); California Health and Safety Code Sections 11362.7 to 11362.85 (Medical Marijuana Program Act); MAUCRSA, and all other applicable laws and regulations of the state of California.
means any facility that is operated by a public agency or non-profit entity with the sole purpose of providing educational and/or recreational services to minors.
(Ord. 801 § 3, 2017; Ord. 862 § 2, 2022)
§ 9.108.040 Conditional use permit required.
A.
Where one or more types of cannabis businesses are listed as a conditionally permitted use in a zoning district in Division II of this Title 9 of the code, a cannabis business of the type conditionally permitted in the subject zone may only operate after obtaining a conditional use permit pursuant to this chapter and Chapter 9.72 of this code. No person may operate any cannabis business that is a conditionally permitted use without having first obtained a conditional use permit.
B.
All cannabis businesses must be operated in strict compliance with the terms, conditions, limitations and restrictions of the MAUCRSA, the provisions of Chapter 5.88, this chapter, Chapter 9.72 of this code, and all other applicable state and local laws and regulations, as well as the terms and conditions of its local license and conditional use permit.
C.
The city planner is authorized to make policies and procedures consistent with the intent and spirit of this chapter concerning the applications, the application process, the information required of applicants, the application procedures and the administration and procedures to be used and followed in the application and hearing process.
D.
Chapter 9.72 of this code shall govern and apply to conditional use permits for cannabis businesses applied for or obtained pursuant to this chapter unless this chapter expressly states otherwise. All requirements contained in this chapter shall be in addition to the applicable requirements of Chapter 9.72.
(Ord. 801 § 3, 2017; Ord. 862 § 2, 2022)
§ 9.108.050 Conditional use permit application.
A.
All applications for a conditional use permit shall be filed with the city planner on the official form supplied by the city and shall be accompanied by the application fee established by resolution of the city council, as may be amended from time to time.
B.
An application for a conditional use permit shall include, but shall not be limited to, the following information:
1.
Confirmation that the proposed premises is not currently permitted by the state or county for the production of non-cannabis infused food products.
2.
The address of the proposed cannabis business.
3.
A site plan and floor plan of the cannabis business denoting all the use of areas of the cannabis business, including storage, employee areas, exterior lighting, restrooms, security cameras, areas of ingress and egress, signage, limited access areas, and restricted access areas, if included.
4.
Plans and specifications for the interior of the proposed premises if the building to be occupied is in existence at the time of the application. If the building is not in existence or alteration to the building is required at the time of the application, the applicant shall file a plot plan and a detailed sketch for the interior and shall further submit an architect's drawing of the building to be constructed.
5.
The name and address of the person that owns the real property upon which the cannabis business is to be operated. In the event the applicant does not legally own the property, the application must be accompanied by a notarized acknowledgement from the person that owns the property that a cannabis business will be operated on his or her property.
6.
A description of the design of the proposed premises evidencing that the design conforms to applicable city laws.
7.
For a Cultivation Site or Manufacturing Site.
a.
A description of the source of power (electric utility company, solar, diesel generators), the size of the electrical service or system, and the total demand to be placed on the system by all proposed uses on-site.
b.
For a cultivation site, verification of all water sources used by the proposed premises and verification that the proposed premises does not utilize water that has been or is illegally diverted from any stream, creek, or river.
c.
For a manufacturing site, a report from a professional engineer that details the type of equipment that will be used to extract cannabinoids from cannabis. If flammable gas, flammable liquefied gas, flammable and combustible liquids, or compressed carbon dioxide (CO2) are used for extraction, then the report must certify that only closed-loop extraction system(s), that are UL or ETL listed or have a sign off by a professional engineer, capable of recovering the solvent are utilized.
d.
For a manufacturing site, a separate diagram of any room where extraction occurs that details the location of the extraction equipment, areas of ingress and egress, emergency eye-wash station, any other fire suppression or emergency equipment required by Title 8 of this code, city and California building codes, fire codes, electrical codes and all other applicable laws.
9.
A statement in writing by the applicant that he or she certifies under penalty of perjury that all the information contained in the application is true and correct.
10.
Authorization for the city planner to seek verification of the information contained within the application.
11.
Any such additional and further information as is deemed necessary by the city planner to administer this section or this chapter.
C.
The city planner and appropriate city staff shall review, verify and investigate all information on the application and prepare a report for the planning commission incorporating the findings of such investigation and verification, including, but not limited to, the suitability of the proposed location, and the applicant's compliance with the requirements of this chapter, Chapter 5.88 and Chapter 9.72.
(Ord. 801 § 3, 2017; Ord. 862 § 2, 2022)
§ 9.108.060 Findings for approval or denial of conditional use permit.
A.
The planning commission shall not hold a public hearing on or approve any application for a conditional use permit to operate a cannabis business unless the applicant holds a local license in good standing.
B.
In addition to the findings set forth in Section 9.72.010 of this code, a conditional use permit for a cannabis business shall only be granted subject to the following findings:
1.
The cannabis business as well as all operations as conducted therein, fully comply with all applicable building, electrical, zoning and fire codes, accessibility requirements of the Americans with Disability Act, and all relevant city and state law; and
2.
The cannabis business fully complies with and meets all operating criteria required pursuant to state laws, Chapter 5.88 of this code, any other provisions of this code, and any specific, additional operating procedures and measures as may be imposed as conditions of approval in the conditional use permit; and
3.
The cannabis business will be located in a zoning district where cannabis businesses of the type proposed are conditionally permitted, and all of the applicable locational restrictions in Section 9.108.070 are satisfied.
4.
For dispensaries, the issuance of a conditional use permit to the applicant will not result in or add to an excessive concentration of dispensaries and/or result in a need for additional law enforcement resources.
D.
Based on the information set forth in the application and city staff's report and testimony presented at the public hearing, the planning commission may impose reasonable terms and conditions on the proposed cannabis business in addition to those specified in and required to be included in every conditional use permit granted under this chapter.
(Ord. 801 § 3, 2017; Ord. 862 § 2, 2022)
§ 9.108.070 Locational requirements.
A conditional use permit for a cannabis business shall not be approved unless the proposed cannabis business will be located in a zoning district in which cannabis businesses of the type proposed are conditionally permitted. In addition, a conditional use permit shall not be approved for a cannabis business unless all of the following locational requirements applicable to the type of cannabis business proposed are satisfied:
A.
Dispensaries. No dispensary shall be located:
1.
Within six hundred feet of a school, day-care center, or youth center; or
2.
Within two hundred fifty feet of a residential zone.
3.
Within two hundred fifty feet of the RR (Resort Residential) zone, if the dispensary includes an area for the outdoor consumption of cannabis and cannabis products pursuant to Section 5.88.070(J).
C.
All distances specified in this section shall be measured in a straight line, without regard to intervening structures or topography, from the nearest point of the building or structure in which the cannabis business is, or will be located, to the following locations, or until the city limit is reached. If the cannabis business is, or will be located, in a multi-unit building, the distances shall be measured from the nearest point of the suite in which the cannabis business is or will be located.
1.
Setbacks from schools, day-care centers and youth centers, shall be measured to the nearest property line of the parcel where such use is located.
2.
Setbacks from residential zones shall be measured to:
a.
The nearest point of any legally permitted structure located in a residential zone; or
b.
If there is land within a residential zone with no legally permitted structure, the measurement shall be to the nearest property line unless the nearest property line is within the public right-of-way, in which case the measurement shall be to the edge of the right-of-way furthest from the proposed cannabis business.
(Ord. 801 § 3, 2017; Ord. 862 § 2, 2022)
§ 9.108.080 Conditions of approval.
A.
All Cannabis Businesses. Every cannabis business conditional use permit shall include the following conditions of approval.
1.
The premises must be equipped with an odor absorbing ventilation and exhaust system so that odor generated inside the cannabis business that is distinctive to its operation is not detected outside the cannabis business, anywhere on adjacent property or public rights-of-way, on or about any exterior or interior common area walkways, hallways, breeze-ways, foyers, lobby areas, or any other areas available for common use by tenants or the visiting public, or within any other unit located within the same building as the cannabis business. As such, cannabis businesses must install and maintain the following equipment or any other equipment which local licensing authority determines has the same or better effectiveness:
a.
An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; or
b.
An air system that creates negative air pressure between the cannabis businesses' interior and exterior so that the odors generated inside the cannabis business are not detectable outside the cannabis business.
2.
The applicant or its legal representative shall:
a.
Indemnify and hold the city harmless from any and all claims, damages, legal or enforcement actions, including, but not limited to, any actions or claims associated with violation of federal law associated with the operation of the cannabis business; defend, at its sole expense, any action against the city, its agents, officers, and employees related to the approval of a conditional use permit or the operation of the cannabis business; reimburse the city for any court costs and attorney fees that the city may be required to pay as a result of any legal challenge (or federal enforcement action) related to the city's approval of a conditional use permit, and to execute a separate agreement to this effect.
b.
Maintain insurance in the amounts and of the types that are acceptable to the city pursuant to guidelines and policies set forth by the local licensing authority and name the city as an additionally insured on all city-required insurance policies.
3.
All windows on the premises of the cannabis business shall be appropriately secured and cannabis securely stored.
4.
All cannabis businesses shall comply with the city's lighting standards including, without limitation, fixture type, wattage, illumination levels, shielding, and secure the necessary approvals and permits as needed.
5.
All cannabis businesses and all equipment used in the conduct of the business, must be operated in compliance with all applicable state and local laws and regulations, including all building, electrical, and fire codes, and in compliance with the businesses' state and local licenses.
B.
Manufacturing Sites. Every conditional use permit for a manufacturing site shall include the following conditions of approval:
1.
All manufacturing of cannabis products shall occur in an enclosed locked structure.
2.
Manufacturing activities shall only occur in the areas depicted on the floor plan submitted by the applicant and shall not exceed the square footage authorized pursuant to the conditional use permit.
3.
If hazardous materials, flammable gas, flammable liquefied gas, flammable and combustible liquids, or other flammable material, as those terms are defined in CFC Section 202, are to be used in the processing of cannabis, then the provisions of CFC Section 407 shall be applicable where hazardous materials subject to permits under CFC Section 50 (Hazardous Materials) are located on the premises or where required by the fire department official.
4.
Storage, use and handling of compressed gases in compressed gas containers, cylinders, tanks and systems shall comply with CFC Chapter 53, including those gases regulated elsewhere in the Cathedral City Municipal Code. Partially full compressed gas containers, cylinders or tanks containing residual gases shall be considered as full for the purposes of the controls required. Compressed gases classified as hazardous materials shall also comply with CFC Chapter 50 for general requirements and CFC Chapter 53 addressing specific hazards, including CFC Chapter 58 (Flammable Gases), CFC Chapter 60 (Highly Toxic and Toxic Materials), CFC Chapter 63 (Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids) and CFC Chapter 64 (Pyrophoric Materials). Prevention, control and mitigation of dangerous conditions related to storage, use, dispensing, mixing and handling of flammable and combustible liquids shall be in accordance with CFC Chapters 50 and 57.
5.
Manufacturing sites are a Group F-1 (Factory Industrial Moderate-Hazard) Occupancy under the Fire Code. All new construction is required to be fire sprinkled per the Fire Code. For manufacturing sites that will be sited in an existing structure, an automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists:
C.
Cultivation Sites. Every conditional use permit for a cultivation site shall include the following conditions of approval:
1.
All cultivation of cannabis shall occur in an enclosed locked structure.
2.
Cultivation activities shall only occur in the areas shown on the floor plan submitted by the applicant, and shall not exceed the square footage authorized pursuant to the conditional use permit.
3.
Areas where cannabis is cultivated are wet locations, and the electrical system in such areas must comply with Title 8 of this code, Article 300.6(D) of the National Electric Code, city and California building codes, fire codes, electrical codes and all other applicable laws.
4.
Cultivation sites are a Group F-1 (Factory Industrial Moderate-Hazard) Occupancy under the Fire Code. All new construction is required to be fire sprinkled per the Fire Code. For cultivation sites that will be sited in an existing structure, an automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists:
D.
Distribution Sites. Every conditional use permit for a distribution site shall include the following conditions of approval.
1.
Distribution sites shall store all cannabis and cannabis products in a locked safe room, safe, or vault and in a manner to prevent diversion, theft, and loss.
2.
The storage of cannabis and cannabis products shall only occur in the areas shown on the floor plan submitted by the applicant, and shall not exceed the square footage authorized pursuant to the conditional use permit.
(Ord. 801 § 3, 2017; Ord. 862 § 2, 2022)
§ 9.108.090 Limitations on city's liability.
To the fullest extent permitted by law, the city shall not assume any liability whatsoever, with respect to approving any conditional use permit pursuant to this chapter or the operation of any cannabis business approved for such permit pursuant to this chapter.
(Ord. 801 § 3, 2017; Ord. 862 § 2, 2022)
§ 9.108.100 Inspections.
A.
Recordings made by security cameras at any cannabis business shall be made immediately available to the city planner upon verbal request for the purposes of determining compliance with this chapter and the cannabis business' conditional use permit.
B.
The city planner shall have the right to enter all cannabis businesses from time to time unannounced for the purpose of making reasonable inspections to observe and enforce compliance with this chapter and the cannabis business's conditional use permit. Such inspections shall be limited to observing the premises for purposes of determining whether the cannabis business is being operated or maintained in compliance with this code, state law, and other applicable laws and regulations.
C.
Applicants and permittees must cooperate with employees and investigators of the city who are conducting inspections or investigations relevant to the enforcement of this chapter. No applicant or permittee shall by any means interfere with, obstruct or impede the any city official from exercising their duties under the provisions of this chapter and all rules promulgated pursuant to it.
(Ord. 801 § 3, 2017; Ord. 862 § 2, 2022)
§ 9.108.130 Enforcement.
The operation of a cannabis business in violation of any conditions of approval or the provisions of this chapter or Chapter 9.72 is a violation of this code, and a public nuisance. The city may seek to remedy such violations by any means provided for in law or equity, including but not limited to the enforcement mechanisms and remedies provided for in Title 13 of this code, or take action to revoke the conditional use permit pursuant to Section 9.72.130.
(Ord. 801 § 3, 2017; Ord. 862 § 2, 2022)
§ 9.110.010 Extreme body modification facilities.
The establishment and/or operation of extreme body modification facilities as defined by Chapter 5.34 of this code shall be prohibited in all zone classifications. No permit or any other applicable license or entitlement for use, including, but not limited to, the issuance of a business license, shall be approved or issued for the establishment or operation of extreme body modification facilities within the city limits.
(Ord. 683 § 1, 2009; Ord. 862 § 2, 2022)
§ 9.112.010 Collection donation bins defined.
As used in this chapter, "collection donation bins" means any attended or unattended container, bin, storage pod, box, bag, or similar receptacle that is located on any lot, public or private, within the city that is used for soliciting and collecting of or reverse vending of donation collections of any kind, including, but not limited to, furniture, household items, appliances, books, clothing, shoes, or other salvageable personal property.
(Ord. 764 § 1, 2015; Ord. 862 § 2, 2022)
§ 9.112.020 Collection donation bins prohibited.
The installation, establishment and/or operation of attended and unattended collection donation bins shall be strictly prohibited in all zone classifications. No permit or any other applicable license or entitlement for use, including, but not limited to, the issuance of a business license, shall be approved or issued for the establishment or operation of attended or unattended collection donation bins within city limits.
(Ord. 764 § 1, 2015; Ord. 862 § 2, 2022)
§ 9.114.010 Reserved.
(Ord. 862 § 2, 2022; Ord. 874, 12/13/2023)
§ 9.114.020 Definitions.
means an attached or detached residential dwelling unit that is no less than one hundred fifty square feet, provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the one-family or multiple-family dwelling is or will be situated. An accessory dwelling unit also includes the following:
means a structure that is accessory and incidental to a dwelling located on the same lot.
means a unit that is or will be attached to or located within the existing or proposed single-family dwelling, including attached garages, storage areas or similar uses, or the conversion of an existing accessory structure that is detached from the proposed or existing primary dwelling, including detached garages.
means any appliance capable of cooking food, including a range, stove, oven, or microwave, but not including a toaster or electric kettle.
means an area containing at minimum a refrigeration appliance, a kitchen sink, and cooking appliance each having a clear working space of not less than thirty inches.
means a unit that is or will be detached from the proposed or existing primary dwelling but is not a conversion of an existing detached accessory structure.
means an ADU that is no less than one hundred fifty square feet and no more than five hundred square feet in size and contained entirely within a one-family dwelling. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure, and includes an efficiency kitchen.
means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
means the property owner on the latest equalized property tax assessment roll.
means an existing one-family dwelling, the larger of two proposed dwellings, or a multiple-family structure.
means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
means a toilet, sink and bathtub or shower.
means an area dedicated to sleeping that meets the building code requirements for habitability.
means a parking design in which two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
(Ord. 862 § 2, 2022; Ord. 874, 12/13/2023)
§ 9.114.030 Administration.
A.
Accessory dwelling units shall be permitted through issuance of a building permit. No ADU shall be constructed without first applying for and obtaining a building permit from the city. Applications for an accessory dwelling unit building permit shall be accompanied by the appropriate fee established by resolution of the city council.
B.
A building permit application for an accessory dwelling unit shall be acted upon by the building official ministerially without discretionary review or a public hearing. The building permit application shall be acted upon within sixty days from receipt of a completed application if there is an existing single-family or multiple-family dwelling on the lot. If the applicant requests a delay, the sixty-day time period shall be tolled for the period of the delay. If the building permit for an ADU is submitted in conjunction with a permit application to create a new single-family dwelling on the lot, the building permit shall be acted upon concurrently with the permit application to create the new single-family dwelling.
C.
A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time.
D.
The city shall not require the correction of any nonconforming zoning condition as a condition of approval for an accessory dwelling unit. For the purposes of this provision, a nonconforming zoning condition means a physical improvement on a property that does not conform with current zoning standards.
E.
Building permits issued in compliance with this section shall expire and become null and void twelve months after building permit issuance unless construction work authorized by the permit has commenced or an extension of the permit has been granted through the building department pursuant to Health and Safety Code Section 18938.6.
F.
The city shall not impose any impact fee upon the development of an accessory dwelling unit less than seven hundred fifty square feet. Any impact fees charged for an accessory dwelling unit of seven hundred fifty square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.
(Ord. 862 § 2, 2022; Ord. 874, 12/13/2023)
§ 9.114.040 Approval.
A.
The city shall approve an application for a building permit for an accessory dwelling unit that meets the objective standards set forth in this chapter in any zoning district where one-family or multiple-family residential uses are permitted by right or with a conditional use permit.
B.
An accessory dwelling unit that does not conform to the objective standards set forth in this chapter may be allowed by the city with a conditional use permit in accordance with the other provisions of this title.
C.
If the city denies an application for an accessory dwelling unit permit, the city shall provide a full set of comments to the applicant with a list of deficiencies and description of how they can be remedied within the time frames below for approval or denial of the application.
(Ord. 862 § 2, 2022; Ord. 874, 12/13/2023)
§ 9.114.050 Development standards.
A.
General Provisions. The following provisions apply to all accessory dwelling units:
1.
Zoning. The accessory dwelling unit must be proposed on a lot that is zoned to allow for one-family or multiple-family residential uses either by right or with a conditional use permit, and includes a proposed or existing primary dwelling. Accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. An accessory dwelling unit shall not be construed as causing the lot to exceed its allowable density.
2.
Building Codes. The accessory dwelling unit shall comply with state building standards for dwellings. Accessory dwelling units are not required to provide fire sprinklers unless they are required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
3.
Architectural Review. The accessory dwelling unit shall match the design of the primary dwelling unit, including building materials, color and roofing material.
4.
Building Height. Attached and detached accessory dwelling units shall not exceed the height of the primary dwelling unit, except as follows:
a.
A detached accessory dwelling unit may be up to sixteen feet high if the primary dwelling is less than sixteen feet high.
b.
A detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling, may be up to eighteen feet high.
c.
A detached accessory dwelling unit on a lot within one-half mile of a major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code Section 2115, may be up to eighteen feet high. An additional two feet in height shall also be allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.
d.
An attached accessory dwelling unit shall not exceed the height limitation that applies to the primary dwelling unit or twenty-five feet, whichever is lower. This clause shall not be construed to permit an attached accessory dwelling unit to exceed two stories.
5.
Setbacks. All accessory dwelling units shall comply with the following setbacks:
a.
Front. The minimum front setback shall be as established in the underlying zoning district.
b.
Side. A minimum setback of four feet.
c.
Rear. A minimum setback of four feet.
d.
A detached ADU must be five feet away from the main residence and five feet from other structures on the property, except when this distance precludes an ADU pursuant to California Government Code Section 65852.2(c).
e.
No setbacks shall be required for an existing, legally permitted living area or accessory structure that is converted to an accessory dwelling unit except as required by the building code for fire and safety purposes.
6.
Location. Accessory dwelling units shall be located to the rear or side of any primary dwelling unit. The prohibition on accessory dwelling units in the front of the primary dwelling unit shall not be enforced if it is not possible to construct an accessory dwelling unit that is eight hundred square feet in size to the rear or side of the primary dwelling with a four-foot setback from the rear and side yard property lines.
7.
Lot Coverage. All new accessory dwelling units shall conform to the lot coverage requirements of the underlying zoning district in which the accessory dwelling unit is located, except where the application of the lot coverage requirements would not permit construction of an eight hundred square foot accessory dwelling unit that is compliant with height requirements with a minimum of four-foot side and rear yard setbacks from the property lines.
8.
Landscape. For an accessory dwelling unit involving new construction, landscaping shall be installed that is consistent with the existing or proposed landscaping surrounding the primary residence, and such landscaping shall be consistent with the requirements of Chapter 8.57 for water efficiency.
9.
Conversion and Expansion. For accessory dwelling units that will be created within the existing or proposed space of primary dwelling or existing, legally permitted accessory structure, no expansion of the physical dimensions of the existing structure is permitted, except that an expansion of up to one hundred fifty square feet may be included solely for the purpose of accommodating ingress and egress.
10.
Access. The accessory dwelling unit shall have an independent exterior access/entrance, apart from that of the primary dwelling.
11.
Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. A passageway is a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
12.
Number of Units. The following number of accessory dwelling units shall be allowed as follows, provided that each unit complies with state building standards for dwellings:
b.
Multiple-Family Lot.
i.
The total number of accessory dwelling units that are within the portions of an existing multiple-family dwelling structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages shall not exceed twenty-five percent of the existing multiple family dwelling units, provided that at least one such ADU shall be permitted.
ii.
Two detached accessory dwelling units shall be approved that are located on a lot that has an existing or proposed multiple-family dwelling, provided that the units are no higher than sixteen feet or eighteen feet, as may be applicable, and meet a four-foot rear and side yard setback.
iii.
JADUs are not permitted.
13.
Unit Size. The maximum total floor area of any new accessory dwelling unit shall not exceed the following:
a.
New Detached. Eight hundred fifty square feet for a studio or one-bedroom unit and one thousand square feet for a unit with more than one bedroom. No more than two bedrooms are allowed.
b.
New Attached. Eight hundred fifty square feet for a studio or one-bedroom unit and one thousand square feet for a unit with more than one bedroom, or fifty percent of the existing primary dwelling, whichever is less. No more than two bedrooms are allowed.
c.
Conversion. The conversion of an existing, legally permitted accessory structure is not subject to maximum unit size requirements. The conversion of a portion of the existing primary residence may not exceed fifty percent of the floor area of the primary dwelling or one thousand square feet, whichever is less.
14.
Parking.
a.
One new parking space per accessory dwelling unit shall be required, except as provided in subparagraph (c) below. Off-street parking shall be permitted in setback areas or through tandem parking in designated parking areas, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
b.
When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, those off-street parking spaces are not required to be replaced.
c.
No additional parking shall be required for any accessory dwelling unit in the following instances:
i.
The unit is within one-half mile walking distance of public transit. A map shall be provided confirming the distance.
ii.
The unit is located within an architecturally and historically significant historic district.
iii.
The unit is part of the proposed or existing primary residence or an accessory structure.
iv.
When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
v.
When there is a car share vehicle located within one block of the accessory dwelling unit.
vi.
When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this section.
15.
Septic and Sewer. All accessory dwelling units shall be connected to the public sewer system unless an exemption is granted pursuant to Chapter 8.50. If there is no "available public sewer system" as defined in Chapter 8.50, and a private sewage system will be used, it must be appropriately sized in compliance with the building code.
16.
Ownership and Occupancy. An accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence, except as provided by Government Code Section 65852.26. An accessory dwelling unit shall not be utilized as a short-term vacation rental as defined in Chapter 5.96 of this code.
17.
Certificate of Occupancy. The city shall not issue a certificate of occupancy for an accessory dwelling unit before it issues a certificate of occupancy for the primary dwelling.
(Ord. 862 § 2, 2022; Ord. 874, 12/13/2023)
§ 9.114.060 Junior Accessory Dwelling Unit (JADU) Development Standards.
A.
All junior accessory dwelling units must comply with the standards in this section. For JADUs that are subject to the development standards in Section 9.114.050, to the extent that there is any conflict between those standards and the standards in this section, the standards in this section shall take precedence.
1.
One junior accessory dwelling unit may be permitted per lot zoned for one-family dwellings with a one-family dwelling already built, or proposed to be built, on the lot.
2.
A junior accessory dwelling unit shall be constructed within the walls of the proposed or existing one-family dwelling, and is not permitted within an accessory structure.
3.
A junior accessory dwelling unit shall have an independent exterior access separate from the main entrance to the proposed or existing primary dwelling.
4.
A junior accessory dwelling unit shall include an efficiency kitchen that includes cooking facilities, a food preparation counter, and storage cabinets.
5.
A deed restriction that runs with the land shall be recorded and a copy filed with the city that includes a prohibition on the sale of the junior accessory dwelling unit separate from the sale of the primary residence, that this prohibition may be enforced against future purchasers, and that restricts the size of the junior accessory dwelling unit to no more than five hundred square feet.
6.
Additional off-street parking is not required for a junior accessory dwelling unit.
(Ord. 862 § 2, 2022; Ord. 874, 12/13/2023)
§ 9.116.020 Definitions.
shall have the meanings ascribed to these terms in Chapter 9.114 of this municipal code.
means the director of development services or their designee.
means either a new, additional dwelling unit that is created or an existing dwelling unit that is expanded but does not include an ADU or a JADU.
shall mean a housing development containing no more than two primary residential units within a single-family residential zone that qualifies for ministerial review pursuant to California Government Code Section 65852.21 and this section. A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing primary unit.
shall have the same meaning as in California Government Code Section 65852.21. A single-family residential zone includes the residential estate (RE) or single-family residential (R-1) zoning districts and any property in a specific plan intended primarily for single-family residential use.
shall mean the ministerial review of a tentative parcel map and the subsequent final parcel map to subdivide one lot into two lots within a single-family residential zone pursuant to California Government Code Section 66411.7.
(Ord. 876, 3/27/2024)
§ 9.116.030 Interpretation.
The provisions of this section shall be interpreted to be consistent with the provisions of California Government Code Sections 65852.21 and 66411.7 and shall be applied in a manner consistent with state law. The city shall not apply any requirement or development standard provided for in this section to the extent prohibited by any provision of state law.
(Ord. 876, 3/27/2024)
§ 9.116.040 Permit application and review procedures.
A.
Application. An applicant for an SB 9 two-unit residential development or an urban lot split shall submit an application on a form prepared by the city, along with all information and materials prescribed by such form. No application shall be accepted unless it is completed as prescribed and is accompanied by payment for all applicable fees.
B.
Review. Consistent with state law, the director will consider and approve or disapprove a complete application for a SB 9 two-unit residential development or an urban lot split ministerially, without discretionary review or public hearing.
C.
Nonconforming Conditions. A SB 9 two-unit residential development may only be approved if all nonconforming zoning conditions pursuant to Chapter 9.66 of this municipal code are corrected. The correction of legal nonconforming zoning conditions is not a condition for ministerial approval of a parcel map for an urban lot split.
D.
Effectiveness of Approval. The ministerial approval of a SB 9 two-unit residential development or a parcel map for an urban lot split does not take effect until the city has confirmed that all required documents have been recorded.
E.
Hold Harmless. Approval of a SB 9 two-unit residential development or a parcel map for an urban lot split shall be conditioned on the applicant agreeing to defend, indemnify and hold harmless the city, its officers, agents, employees and/or consultants from all claims and damages (including attorney's fees) related to the approval and its subject matter.
F.
Specific, Adverse Impacts. Notwithstanding anything else in this section, the director may deny an application for a SB 9 two-unit residential development or a parcel map for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of California Government Code Section 65589.5, on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
(Ord. 876, 3/27/2024)
§ 9.116.050 Qualifying requirements.
A.
A proposed SB 9 two-unit residential development or urban lot split shall meet all of the following requirements in order to qualify for ministerial review pursuant to the provisions of this section. It shall be the responsibility of the applicant to demonstrate to the reasonable satisfaction of the director that each of these requirements is satisfied. The applicant and each owner of the property shall provide a sworn statement, in a form approved by the director, attesting to all facts necessary to establish that each requirement is met. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statements, including, but not limited to, interviewing prior owners and occupants of the subject property, interviewing owners and occupants of nearby properties, and reviewing tax records, and may require additional evidence necessary to support the sworn statements, as determined by the director in their reasonable discretion.
1.
Except as specified below, the subject property shall be located within a single-family residential zone as defined in Section 9.116.020.
2.
The proposed development shall not be located on any site identified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of California Government Code Section 65913.4, unless the development satisfies the requirements specified therein. Such sites include, but are not limited to, prime farmland, wetlands, high or very high fire hazard severity zones, special flood hazard areas, regulatory floodways, and lands identified for conservation or habitat preservation as specifically defined in Government Code Section 65913.4.
3.
The proposed development shall not be located within a historic district or on property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the California Public Resources Code, or within a site that is designated or listed as a city landmark or historic property pursuant to a city ordinance and/or the city of Cathedral City Historical Resources Survey.
4.
The proposed development shall not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
5.
The proposed development shall not require the demolition or alteration of housing that is subject to any form of rent or price control.
6.
The proposed development shall not require the demolition or alteration of housing that has been occupied by a tenant within the last three years.
7.
If any existing or previously demolished housing unit on the lot has been occupied by a tenant in the last three years, the proposed development shall not involve the demolition of more than twenty-five percent of the existing exterior structural walls of any housing unit on the lot.
8.
In the case of an urban lot split, the subject property shall be owned solely by one or more individual property owners. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Revenue and Taxation Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Section 214.15).
9.
In the case of an urban lot split, the lot proposed to be subdivided shall not have been established through a prior urban lot split.
10.
In the case of an urban lot split, the lot proposed to be subdivided ("subject lot") is not adjacent to any lot that was established through an urban lot split by the owner of the subject lot or by any person acting in concert with the owner of the subject lot.
(Ord. 876, 3/27/2024)
§ 9.116.060 Number of dwelling units permitted on a lot.
A.
Notwithstanding any other provisions of this code, state law requires the city to permit a lot located within a single-family residential zone to contain two primary dwelling units, provided both units are developed and maintained in compliance with the standards and requirements set forth in this section.
B.
Provided the lot is not subdivided or created through an urban lot split, development of two primary dwelling units on a lot through a SB 9 two-unit residential development in conformance with this section does not preclude the development or maintenance of an ADU and/or JADUs on a lot to the extent permitted by Chapter 9.114 and state law.
C.
No more than two primary dwelling units of any kind may be constructed or maintained on a lot that results from an urban lot split.
(Ord. 876, 3/27/2024)
§ 9.116.070 Separate conveyance.
A.
Primary dwelling units located on the same lot may not be owned or conveyed separately from one another. All fee interest in a lot and all dwellings shall be held equally and undivided by all individual owners of the lot.
B.
Separate conveyance of the two lots resulting from an urban lot split is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, appropriate covenants, easements or similar documentation allocating legal and financial rights and responsibilities between the owners of the two lots ("CC&Rs") for construction, reconstruction, use, maintenance, and improvement of the attached structures and any related shared drive aisles, parking areas, or other portions of the lot shall be recorded before the city will approve a final parcel map for the urban lot split. Notwithstanding the provision of such CC&Rs, however, where attached structures and/or related shared facilities span a lot line resulting from an urban lot split, all owners of both lots shall be jointly and severally responsible for the use and maintenance of such structures and/or shared facilities in compliance with all provisions of this code.
C.
Condominium airspace divisions and common interest developments are not permitted on a lot created through an urban lot split or containing an SB 9 two-unit residential development.
(Ord. 876, 3/27/2024)
§ 9.116.080 Residential use only.
No nonresidential use is permitted on any lot created through an urban lot split or containing an SB 9 two-unit residential development.
(Ord. 876, 3/27/2024)
§ 9.116.090 No short term vacation rentals permitted.
The rental of any dwelling unit on a lot created through an urban lot split or containing an SB 9 two-unit residential development shall be for a term longer than thirty consecutive days.
(Ord. 876, 3/27/2024)
§ 9.116.100 Housing crisis act replacement housing obligations.
If the proposed development will result in the demolition of protected housing, as defined in California Government Code Section 66300, the applicant shall replace each demolished protected unit and comply with all applicable requirements imposed pursuant to subsection (d) of Government Code Section 66300.
(Ord. 876, 3/27/2024)
§ 9.116.110 Development standards for urban lot splits.
A.
Each of the resulting lots must be between sixty percent and forty percent of the original lot area.
B.
Each resulting lot shall measure at least one thousand two hundred square feet in lot area.
C.
Each resulting lot must adjoin the public right-of-way.
D.
Each resulting lot must have frontage on the public street of at least twenty lineal feet.
E.
No more than two primary dwelling units may be built on each resulting lot.
F.
Easements for the provision of public services and facilities shall be provided, as determined by the city engineer.
(Ord. 876, 3/27/2024)
§ 9.116.120 Development standards and design criteria.
A.
Development Standards. A qualifying SB 9 two-unit residential development and any development on a lot created through an urban lot split shall be subject to the standards and criteria set forth in this section. In addition, except as modified or provided by this section or state law, a SB 9 two-unit residential development and any development on a lot created through an urban lot split shall conform to all objective development standards applicable to the lot as set forth in this section and/or in an applicable specific plan or resolution, along with all applicable objective standards and criteria contained in standard plans and specifications, policies, and/or standard conditions duly promulgated and/or adopted by city and any applicable agencies.
B.
C.
Unit Height; Stories.
1.
New Primary Dwelling Unit(s). Shall comply with the height limits set forth in the respective zoning district.
D.
Setbacks.
1.
Minimum side and rear yard setbacks for a SB 9 two-unit residential development shall be no less than four feet. All other setbacks shall comply with the setback requirements of the zoning district.
2.
With the exception of fences, Section 9.80.060 permitted projections, shall not apply to an SB 9 project.
3.
Any construction occurring on a lot that abuts a street that has not been fully improved shall observe all building setbacks from the ultimate right-of-way of the street.
E.
Detached dwelling units and associated covered parking shall be a minimum of ten feet from each other unless all structures are single-story and not more than sixteen feet in height, in which case the minimum separation shall be five feet.
F.
Lot Coverage. The maximum lot coverage shall not exceed the maximum coverage of the underlying zoning district, except where such coverage would physically preclude the construction of up to two units or physically preclude either of the two units from being at least eight hundred square feet in floor area. The lot coverage shall include all buildings and structures (primary and accessory), covered porches and patios, and covered parking areas.
G.
Landscaping. In addition to the landscape and irrigation requirements of the underlying zone district. Landscape screening must be planted and maintained between each primary dwelling and adjacent lots.
H.
Off-Street Parking.
1.
Required Parking. One off-street parking space shall be provided for each new primary dwelling unit unless one of the following applies:
a.
The lot is located within one-half mile walking distance of either: (i) a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the California Public Resources Code; or (ii) a major transit stop as defined in Section 21064.3 of the California Public Resources Code.
b.
The lot is located within one block of a car-share vehicle location.
2.
Off-street parking spaces for an existing primary dwelling shall continue to be provided in accordance with the standards for the underlying zone.
3.
Required parking for new primary dwelling units may be provided within an enclosed garage or as open parking spaces on the lot, but not as tandem parking. Open parking spaces may be located within the side or rear setbacks, and in the front setback for driveways that are not shared by more than one housing unit.
I.
Unit Design Standards. Both primary dwelling units in a SB 9 two-unit residential development shall utilize the same colors and materials, including the exterior walls, roof pitch and roofing material.
J.
Deed Restriction. The owner must record a deed restriction, in a form acceptable to the director and the city attorney, that provides constructive notice of the restrictions resulting from the two unit residential project or urban lot split and does each of the following:
1.
States that the property is developed as a two unit project or formed as an urban lot split and is therefore subject to the city's two unit residential or urban lot split regulations, including all applicable limits on dwelling size and development.
2.
Expressly prohibits any rental of any dwelling on the property for a period of less than thirty days.
3.
Expressly prohibits any nonresidential use of the lot.
4.
Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners' primary residence and legal domicile.
5.
In the case of an urban lot split, expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners' primary residence and legal domicile for a minimum of three years.
(Ord. 876, 3/27/2024)