D. Rules for No ncommunicative Aspects of Signs. All rules and regulations concerning the noncommunicative aspects of signs, s uch as loc ation, size, height, illumination, spacing, o rientation, 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
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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 di splayed on real or tangible personal property without the co nsent of the legal owner of the pro perty 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 w ith the requirements of this chapter and the requirements of all other applicable law.
I. Permit Requirement. It is unlawful to di splay any sign within the limits of the city w ithout a sign permit, unless the particular sign is e xpressly exempted from the permit requirement by a provision of this chapter, state or federal law.
J. Severance. If any section, sentenc e, clause, phrase, word, portion or provision of this c hapter is held invalid or unconstitutional or une nforceable by any court of competent juris diction, such holding shall not affect, impair, or invalidate any other se ction, sentence, clause, phrase, wor d, portion, or prov ision of this chapter which can be g iven effect without the invalid portion. In adop ting this chapter, the city council affirmatively declares that it would have a pproved and adopted the chapter even without any portion which may be held invalid or unenforceable. (Ord. 672 § 2, 2009)
9.62.020 Sign definitions.
“Abandoned sign” means any sign or display which has been abandoned f or a period of ninety days or more, or which pertains to a time, use, event, purpose or business which no longer exists. “Abatement” means the elimination and removal of any sign in violation of this chapter. “Advertise,” “advertising” or “advertisement” refers to any message, communication or expre ssion identifying a business or development, a nnouncing the avai lability of a product, merchandise or service, making c laims as to the value or quality of any product, merchandise or service or othe rwise attrac ting attention to or promoting (either directly or indirectly) any product, merchandise or service. “A-frame sign” means a temporary sign with two faces that are hi nged together to create an ‘A’ or triangle shaped device. A-frames are usually portable and are also referred to as “sandwich boards.” “Amortization,” as pertaining to this chapter, means the gradual extinction of nonconforming signs. “Awning” means a nonstructural covering attached to a building or supported by freestanding posts for the purposes of giving shade to pedestr ians or windows and door openings. Awnings are generally made of canvas or other cloth material.
“Awning, canopy or marquee sign” mea ns a sign t hat is printed on, painted on, or attached to an awning, canopy or marquee.
“Banner or flag sign” 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. “Billboard or outdoor advertising display” means advertising structures and signs used for outdoor advertising purposes, not including on-site advertising structures and signs as defined in this chapter. “Building,” for purposes of this chapter, includes any structure requiring a building permit. “Building face and/or frontage” means the horizontal d istance 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 s uch length shall be limited to that portion which is oc cupied by each
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individual business. In computing allowable area of a wall sign for a stru cture, 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.
“Canopy” means a roof-like structure extending from part or all of a building face and co nstructed as a permanent part of the building, either attached or freestanding, that is capable of allowing vehicles to freely pass under.
“Changeable copy sign” means a sign d esigned to allow the changing of lettering, messages or o ther information through manual, mechanical, or electrical means including time and temperature. Changeable copy signs may have multiple me ssages that are individual ly di splayed at common intervals, such as a traditional movie theatre marquee sign or billboard.
“City planner” means the supervisor of the planning department staff or designee. “Co-tenant or multip le-tenant” refers to a te nant in a structure that conta ins m ore th an one bus iness 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 lan dlord that leases or otherwis e makes space available within a primary business for a secondary or ancillary business or service requiring additional or separate signage. “Digital display sign” means an outdoor adve rtising display using light emitting diodes (L.E.D.) or similar technology to display static images controlled by electronic communications. “Directional sign” means signs limited to d irectional messages, principall y for pedestrian or vehicular traffic, such as “one-way,” “entrance,” or “exit.”
“Directory sign” means a sig n listing the te nants or occupants and their suite numb ers in a building, center, subdivision or planned unit development.
“Double faced sign” means a single structure designed with the intent of providing copy on both sides. “Downtown area” means the MX C zoned po rtion of the downtown commercial (DTC) area a s designated in the general plan.
“Eave line” means the top of a parapet wall or the lowes t point of a pitched roof, including ma nsard style roofs. Where a parapet wall is combined with a mansard roof , the eave line shall be the top of the parapet.
“Face or w all of a building” means the outer surface of any main exterior wall or foundation of a building, including windows and storefronts.
“Freestanding sign” means a sign supported by one or more upri ghts, braces, poles or similar components placed upon or into the ground and detached from any building. “Freeway-oriented sign” means a sign within a specified distance of the freeway (Interstate 10). “Frontage” 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. “Height of sign,” unless otherwise indicated, means the greatest vertical distance from the exis ting 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. “Identification sign” means a sign that ident ifies the name, nature, logo, trademark, symbol or insignia, address, or any combination of the name, symbol and address of a building, business, project, devel opment or establishment.
“Illuminated sign” means a sign with an artif icial source of light for the purpose o f illuminating the sign.
“Master sign program” means a coordinated plan for signage for an individual building or group of buildings approved pur suant to the provisions of this chapter. The master sign program will identify the
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placement and size of all s igns, as well as the materials and method of illuminati on to provide consistency among signs and compatibility with the architecture of the building(s). “Monument sign” 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 la ndscaped 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.
“Multi-tenanted building” means a building cont aining more than one individual business within a shopping, professional or industrial complex.
“Neon sign” means any sign containing neon or other inert gaseous chemical that provides a visible discharge or that glows.
“Nonresidential” refers to propert y not improved with or zoned for a single - or multiple -family residence.
“Off-site sign” m eans a sign or sign structure of any kind or character which advertises products, merchandise, activity or ser vice not available on or at the premises upon which the sign is lo cated. 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 wit h noncommercial me ssages shall be deemed to be on-site, regardless of location.
“On-site sign” means any commercial sign which advertises product s, merchandise, activity or service available on or at the premises upon which the sign is located. For purpos es of this chapter, the on -site/off- site distinction ap plies only to comme rcial messages; all signs with noncommercial me ssages shall be deemed to be on-site, regardless of location.
“Person” means any individual, firm, partnership, corporation or other entity. “Pole sign” 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. “Portable sign” means a sign that is not permanently affixed to a structure or the ground. “Pylon sign” means a sign face that is elevated by one or two structural supports that is archite cturally integrated with the design of the primary structure on the property excluding pole signs, d irectional signs, billboards and freeway-oriented signs.
“Residential” refers to property improved with or zoned for single- or multiple-family residence(s). “Roof line” 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.
“Roof sign” 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 o r above the roof line, or any sign affixed to the wall or a building so that it projects ab ove the eave line of a roof; and which sign is wholly or partially supported by the building; but not includin g a sign on a mansard roof, portico or canopy if said m ansard roof, portico or canopy is architecturally integrated with the building. “Shopping center” 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.
“Sight triangle” 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 m otorists entering or leaving the in tersection. For the purposes of this chapter, the sight
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triangle is defined as twenty -five feet from the property line parallel to the street and intersecting street or driveway.
“Sign,” in addition to its common meaning, means any mark or painted charact er on any object, structure, device, figure, statuary, painting, d isplay message, placard, or other contrivance, or any part thereof, visible from outside of a structure. The word “sign” also includes any graphic announc ement, declaration, demonstration, display, illustration, or insignia when the same is plac ed 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.
“Sign area” means the entire copy face of the sign. The following methods will be used to co mpute the area of sign copy:
1. The area of a sign is to be computed by mult iplying 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 fi gure of similar character, together with any material or color forming an integral part of the display or used to diffe rentiate 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 pla ced. It shall also include the p erimeter 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 ar ea shall be measured by outlining the e xtreme limits of writing and enclosed by no more than eight lines.
2. In the case of a sign designed with more than one exterior surface, the area shal l be co mputed 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.
3. The ar ea of a freestanding sign that is an o bject or statuary shall be c omputed by the a ppropriate mathematical equation for determining the total surface of an object.
4. The supports, uprights, or structure on which any such sign is supported shall not be i ncluded 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.
“Sign face” 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. “Temporary sign” means a sign used solely for the pu rpose 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.
“Tri-vision sign” means a changeable message billboard with vertical louvers for graphic applications. “Vehicle sign” means a sign which is attached to, painted on, place d upon or suspended from a vehicle or trailer, either o perable or inoperable, which is subject to state licensing before it can l egally operate on public roads and highways. This shall not include bumper stickers or the permanent finish on the body of the vehicle.
“Wall sign” means a sign attached to, painted on o r 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 bac kground surface of, the sign with the exposed face of the sign in a plane approximately parallel to the pl ane of the exterior wall of the building and not extending above the eave line. “Window si gn” 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.
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To the extent that any te rm 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 th e time of the adoption of this chapter. Unless otherwise defined herein, or unless a term o f 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 th ereof 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 t he state of California shall require otherwise. (Ord. 7 70 § 2, 2015; Ord. 672 § 2, 2009)
9.62.030 Procedures.
A. Permit Required. Unless otherwis e e xcepted by this chapter, it is unlawful for any person to erect, construct, enlarge, alter, repair, improve , convert, demolish, relocate, equip, use or maintain a ny 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 requ esting a sign permit pursuant to this chapter including , but not limited to , sign companies installing sig nage 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 pr oposed bu ildings 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 m otor vehicles where directional signs may be proposed;
3. The design, size, colors, materials and ligh ting proposed, and the proposed location of th e 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 wr itten statement, diagrams or pictures ide ntifying the s ize, 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 d epartment may reasonably require to demo nstrate 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 subm itted to the planning department and processed as follows:
1. The planning department shall review the a pplication and supporting information for the sign permit.
Should the application not be complete, or should the application fail to comply with the pr ovisions of
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this chapter, the city planner or designee shall notify the appl icant in writing of how the applica tion 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:
a. Approval of the proposed sign would be consistent with the provisions of this chapter; b. The sign does not constitute a detriment to public health, safety and welfare; and c. The proposed sign is in compliance with all applicable city codes, including , but not li mited to , electrical codes.
E. Application for Master Sign Prog ram. A master sign program is intended to integrate pr oject 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 di splay of multiple perma nent signs for a project or use and to encourage creativity and excellence in the design of signs. It is expec ted that the design quality of signs proposed under a m aster sign program will be of a superior quality and cre ativity to those that might result through the normal sign permit process. A ma ster sign program shall include provisions for temporary signs in accordance with this chapter where te mporary signs are desired by a project applicant.
1. Applicability. A master sign program shall be required w henever any of the following ci rcumstances 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 characteri stics include the need for master on -site or off -site directional or identification signage, changeable copy not otherwise mandated by law, the size of pr oposed 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 sig n program shall be approved or denied by the planning commission based upon the regul ations and requir ements 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 prog ram may allow for less restrictive sign regulations so long as tho se regulations are approved by the planning commission and supported by findings . The planning commi ssion may allow modifications relating to sign area, number of signs, height, and location. However, a master sign program shall not i nclude signs that are otherwise prohibited by this chapter.
4. Application Requirements. A proposed ma ster sign program shall include all information and materials required by subsection C, the filing fee in comp liance with city council fee res olution, and shall be supplemented by any additional i nformation that may be requested by the planning commission. The planning department shall review the application and supporting info rmation for the proposed master sign program. Should the application not be complete, or sho uld 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 compl y with this chapter. If the application is complete, the a pplication shall be submitted to the planning co mmission for hearing at the next plannin g commission meeting for which notice and agenda requirements can be satisfied.
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5. Findings. In order for a pr oposed 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 applicabl e city codes, including, but not li mited to, electrical codes;
c. The master sign program complies with the purpose and intent of this chapter, in cluding all requirements and other special provisions as specified in this chapter; d. The proposed master sig n program is in ha rmony with and enhances the overall d evelopment 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 ma ster sign program will enhance the overall d evelopment, achieve superior q uality 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 chang ing 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 a llowable number of mon ument 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 max imum 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 a ppropriate scale and relat ionship 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 pr ivate property, professionally designed and constructed, not p laced within public right -of-way, and will be located within ten feet of the main pede strian entrance to the business.
6. Revisions to Master Sign Programs. Rev isions to master sign programs may b e approved by the city planner or designee so long as t he revision is consistent with the requirements of this chapter and the appropriate findings can be made. Revisions that would substantially deviate from the original a pproval shall require the approva l by the planning commission of a new master sign pr ogram. (Ord. 672 § 2, 2009)
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 reside ntial 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 disp lay noncommercial or on-site commercial messages, not e xceeding sixty square feet each, on no nresidential lots; provided, however, that no flags s hall be permitted on a vacant lot;
D. Wall signs provided that all of the following conditions exist:
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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 no t exceed one square foot per sign if located on residen tial 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 cha pter; provided, h owever, 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 pr operty is offered to the ge neral 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 lo cated within the sight triangle, and
6. Up to five rela ted o ff-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 p eriod of time that the sign is in place; and provided f urther 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 e xterior 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 l ocated 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 calculat ing the area of the window that may be covered with a wi ndow sign; however, said sign area shall not be counte d toward the aggregate of the otherwise allowable sign area. (Ord. 672 § 2, 2009)
9.62.050 Prohibited signs.
Any sign not specifically authorize d by this chapter shall be prohibited. Additionally, the fo llowing 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 l ocation of the sign; except, however, appr oved 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;
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E. Signs on public or private property that pr oject 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 rac eways, 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 o r fire escape and any sign placement or method of attac hment that could serve to hinder, delay, or render inacce ssible or inoperable emergency equ ipment 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 inclu ding placement, maint enance, 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, t agged or tacked onto a nother permitted sign;
Q. Any sign located on the third or higher story of a building sh all be prohibited except for those approved pursuant to a master sign program; and
R. Signs displaying obscene matter, as d efined by Miller v. Cal ifornia (1973) 413 U.S. 15, 18 -19, or otherwise prohibited by law. (Ord. 672 § 2, 2009)
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 appl icant shall have first filed a temporary sign program; paid the requ isite filing fee as provided by resolution of the city council; and the city planner or designee has a pproved the proposed temporary sign program. The proposed temp orary 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 consis tent with the provisions of this chapter, the person respo nsible 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 demo nstrates that each proposed sign meets all the conditions applicable to a temporary sign as set out in this chapter.
B. A temporary sign displ aying a nonco mmercial message shall not require prior a pproval of the city planner and may be displayed consistent with the temporary sign program immediately upon the filing of same with the planning d epartment. However, if it shall subsequently be determ ined that the actual sign displayed is i nconsistent wit h the temporary sign pr ogram on file, or that the temporary sign program on file does not d emonstrate 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
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notice to the responsible person as pr ovided in this chapter. No fee is r equired 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 wi thout the consent of the owner or tenant of such property.
D. Temporary signs in a commerci al or i ndustrial zone with a commercial message shall be a llowed 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 maximu m 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 th irty-two square feet. In add ition, on nonresidential lots improved with a mult iunit st ructure, each unit shall be allowed one add itional temporary sign, mounted on the wall, below the eave line an d above the doors and windows, subject to the following:
1. For each unit with fifteen thousand or less square feet of finished interior space, th e sign face area shall not exceed twenty-four square feet; and
2. For each unit in excess of fifteen thousand square feet of finished interior space, the sign face a rea shall not exceed fifty square feet.
I. Temporary signs placed in violation of this chap ter 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 pu blic right-of-way or on public property and constitutes a threat to public safety, it may b e removed i mmediately. Additionally, a temporary sign r emaining on public property or within the pu blic right-of-way more than ten days after the event that is ident ified on the sign face may be removed immediately. Said signs may therea fter be destroyed i f the owner has been given at least fifteen days’ notice but has not claimed the sign, or if the responsible p arty 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 la bel attached, said notice shall be d irected to the responsible person identified therein.
2. Any other tempora ry sign deemed to be in vi olation 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-hour notice to remove the sign shall be di rected to the responsible person ident ified in the temporary sign program or on the identification label; and b. If within four hours of a request by city staff to t he re sponsible person that a sign be r emoved, the responsible person causes the sign to be removed, said sign shall not be deemed a vi olation of this chapter and no further enforcement action shall be taken, subject to the following:
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i. The request to remo ve concerns no more than five temporary commercial signs advertising an event occurring on a specific date,
ii. The subject signs are not located on public property or within right-of-way, and iii. The subject signs were first placed in service on the date of the event.
J. Any temporary sign used solely for the pu rpose of advertising or promoti ng an event o ccurring 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 stabi lity 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 nea rest portable or temporary sign ; pedestrian -oriented portable signs shall be placed within ten feet of the pr imary 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 no nresidential lots; provided, however, that portable signs shall not be allowed on any vacant lot. (Ord. 776 § 16, 2016; Ord. 672 § 2, 2009)
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 Sec tion 9.66.030, converting a lega l nonconforming billboard with static copy to a billboard with digital or changeable copy i s 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 Ordi nance No. 13, as amended, of t he Agua Caliente Band of Cahuilla Indians, entitled “Tribal O rdinance Controlling Outdoor Advertising Displays.”
4. Cannabis Advertising.
a. No person shall allow cannabis or cann abis products to be advertised on any billboard within one thousand feet of:
i. A day care center, which f or the purposes of this section means a child day care facility other than a family day care home, and i ncludes 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;
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iv. A youth center, w hich for the purposes of this section means any public or private facility that is primarily used to host recreational or social activities fo r 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 can nabis products to be adverti sed on any billboard that depicts any of the following:
i. A person or character engag ed in the act of smoking, vaping or otherwise ingesting cann abis or cannabis products; or
ii. Cartoon characters or other characters attractive to children.
B. Downtown Area Signs.
1. Purpose. This section shall pertain to the downtown area. Where a partic ular standard is not addressed, other sections of this chapter shall apply.
2. Design. Signs shall be architecturally compat ible with a buildi ng’s architectural style in regard to size, color, materials and illumination. Overall proportions of the structur e on which the sign is l ocated shall guide the design of signs:
a. Signs shall be located on parapets, towers, tu rrets, recessed wall areas an d/or other building architectural features specifically designed for a sign; b. Freestanding business identificati on 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 te nant spaces shall submit a master sign program for review and approval to the planning department.
3. Sign Materials and Lighting. Except as ma y be allowed pursuant to a m aster sign program, b asic channel letters (i ndividual internally ill uminated plastic o r metal letters) and can signs (internally illuminated plastic panels within a sheet metal box enclosure) are not permitted. The other followi ng 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 ar e permitted;
c. Exterior-mounted custom neon signs mounted on walls or o n a signboard or metal su pport 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 bo ttom 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 e xceed 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 t he MXC zone shall be mai ntained i n the same condition as originally approved and installed.
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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 pu rsuant to any other provision of this chapter, shall meet all of the following requirements:
a. Freestanding or monument signs are a llowed, 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 n ot exceed one and one -half square feet per linear foot of fro ntage, 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 fa scia and do not exceed two - thirds of the height of the fascia;
c. Directional signs shall be limited to either monum ent signs, not exceeding three feet in area and four feet in height, or attached wall signs not exceeding six square feet in area; provided, h owever, that said directional signs shall not be within the s ight triangle or the public right -of-way, and shall n ot be illuminated;
d. Monument signs shall match the design of the main freestanding sign; e. Directional signage shall be architectu rally consistent with other signage a s 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 arch itecture through the use of common elements pertaining to scale, style, material, color, le ttering, illumination, construction and location.
2. Identification sign s within public or pr ivate easements adjac ent 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 exc eed a graphic area of fifty square feet nor a height of twent y feet as m easured 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 aver age spacing of eighty feet although signs may be clustered in groups closer than eighty feet;
c. The design concept shall incorporate un iform color/graphic styles, materi als, 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;
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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 per mitted u nder this section sh all be removed if the city planne r or designee finds that the sign const itutes a tra ffic 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 criter ia are met, temp orary signs that encroach in to public right -of-way may be permitted wi th review of the city tra ffic 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 allo wed p ursuant to subse ctions (C)(2), (3) and (4) of th is 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 max imum 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’ 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 appropr iate scale and rel ationship to the buildings on sit e 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 lo t frontage, up to a max imum of two, are allowed to advertise nonres idential uses existing in a residential zone pu rsuant to a conditional use permit, or pursuant to preex isting, ancient, or immemorial us age, 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 develo pment of more than five unit s 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;
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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 landscape d planter area equal to three times the size of the sign face. (Ord. 841 § 1, 2020; Ord. 770 § 2, 2015; Ord. 672 § 2, 2009)
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 mon ument or kiosk is used for the dire ctory sign, it sha ll be placed in landscaping or in sid ewalk areas.
B. Identification Signs. Nonresidential uses shall be allowed identification signs as follows:
1. As to each building or unit not located within a shoppi ng 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 b e as follows: One square foo t per linear foot of tenant space or building not exceeding one hundred square feet fo r the primary fron tage, fifty square feet for the secondary frontage and twenty-four square feet on each add itional 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 e ntrance 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 e xceed seventy percent of the total linear width thereof;
d. An awning sign shall have a vertical clea rance of eight feet fro m the sidewalk and a wall si gn 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 add itional wall sign per street frontage is allowed, with a maximum sign area of ten percent of the wall area or fifty square feet, which ever is less, wall-mounted
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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 t enant’s space shall be allow ed one wall sign per unit as follows:
a. The maximum sign area shall be one and one -half feet per linear foot of frontage up to a maximum of one hundred fifty square feet on the primary frontage;
b. The sign shall be set one hundred or more feet from the public right-of-way; and c. Illumination is allowed.
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, aw nings or similar architectur al treatment, and shall not be visible from the public right of-way;
b. Said sign shall be perpendicular to the st orefront 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 exc eed 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 m aximum 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 min imum of five acres, shall be permitted one a dditional pylon or monument sign per street front age, subject to the following criteria:
a. Said signs shall hav e a maximum sign area of seventy square feet and a maximum height of fou rteen feet; provided, however, the planning commission may authorize a taller sign purs uant to a master sign program with adequate findings supported by a flag test; b. The signs shall not be l ocated 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 sig n, seventy-five feet from any i ntersection, and one thousand feet from the nearest sign in this same class; and d. The sign may be illuminated and shall be l ocated in a planter base or landscap ed area equal to three times the area of one face of the sign.
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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 co mmercial or industrial zone with a maximum sign area of fifty sq uare feet. Said signs shall not be l ocated within the public right-of-way or sight triangle. The sign may be illuminated as part of the a rchitectural element of the sign.
D. Freeway-oriented Signs. Freeway-oriented signs are allowed subject to the following criteria:
1. Subject to the state Outdoor Adverti sing Act, and pursuant to an approved master sign pr ogram, pylon type signs are permitted in PCC and I-1 zones as follows:
a. Said signs shall be located within one tho usand feet radius distance from the c enterline point of roadway intersection of the Inte rstate 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 heig ht shall be determined by the planning commission b ased on the height needed by the traveling public to view the sign, but shall not exceed fifty feet; provided, however, that the applicant sha ll furnish sight -line studie s 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 pr ivate property;
e. Sign structures shall be located in su ch a ma nner so as to not adv ersely block the visibility of anot her 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 mon ument sign per five hun dred linear feet of fre eway 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 co py signs required to comply with any applicable law regarding the posting of commercial information shall be allowed with an approved sign permit, e xcept that such signs shall be limited to one per street frontage for each business and shall not exceed six teen square feet of area of any sign otherwise permitted under this chapter. (Ord. 672 § 2, 2009)
9.62.090 Nonconforming signs.
A. Applicability. Except for billboards su bject to Section 9.66.090 of this title, and notwit hstanding 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 su bstantial 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 cit y shall be deemed to have been previously issued a permit by the county of Riverside.
C. Removal of Nonpermitted, Nonconfor ming Signs. The fol lowing amortization periods are presumed adequate to allow the owner of a nonconforming sign to recoup the origina l 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
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effective. Provided all other conditions of this section are met, such a si gn may be maintained for the period of time set for th below, measured from the date the sign was first placed in service, a fter 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 no nconforming 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 requ irements of the Cathedral Ci ty 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 alter ations 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, va riance, or other di scretionary deve lopment a pproval. 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 nonco nforming wall signs shall not prev ent the insta llation 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. Notwith standing any other prov ision 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 n onconforming use and instead shall be deemed a publ ic 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 t hat was legal when initially placed, but which has been relocated or any nonconfor mity has been expanded;
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4. A sign that is the subject of an agreement between the sign o wner and the city for, or the autho rization 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 red evelopment project area created pur suant 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 e xceed fifty percent of the sign value. The sign value shall be reasonably determined by t he city planner or designee.
J. Early Removal. The city may require the r emoval of any nonconforming sign before the amortization period provided herein has lapsed, if the owner is paid fair and just co mpensation equal to one-fifteenth of the duplic ation c osts 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 remo ved or so a ltered 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. Afte r determining that a nonconforming sign must be removed in a ccordance 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 an d state the r equirements 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 nonco nforming sign required to be removed in co mpliance 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 amo rtized and a public nuisance, and may be abated pursuant to the procedures established in this chapter. (Ord. 672 § 2, 2009)
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 remo ve all nonconforming signs a nd sign copy i ncluding all wording, advertising or information r elating 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)
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, o r as they may herea fter exist.
B. Every temporary and permanent sign and all parts, po rtions, units and materials comprising the same, together with the frame, background, supports or anchorage therefor, shall be mai ntained in p roper repair and state of pr eservation. The di splay 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 relo cation, the permit number and the v oltage of any electrical apparatus used in connection therewith. Every sign which is internally illuminated and which
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incorporates the use of electrical apparatus or equipment within shall have posted an Unde rwriter’s Laboratory approval stamp in a conspicuous place.
D. Any sign that is more than twelve fe et 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 z ones shall be d esigned 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 illum inated cabinet signs with white translucent background plex shall not be permitted. If uti lized, 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, illumin ation 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 buil ding or structure.
I. Every sign erected in the city shall be s ubject to inspection by the building department for compliance with applicable city codes and ordinances. (Ord. 672 § 2, 2009)
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 prov isions of the Cathedral City Municipal Code, all questions of interpretation of the provisions of this chapter, includin g 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 commiss ion made subject to the pr ovisions of this cha pter 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 M unicipal Code. The city counci l’s decision is final as to the cit y, 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 c alendar days of when the a ppeal right arises, on a form provided by the planning department, accompanied by any a pplicable appeal fee in an amount set by resolution of the city council, signed by the appe llant, identifying the matter or decision a ppealed from, and stating the grounds of appeal.
D. When appeal right ar ises. The right to appeal pursuant to this section arises at the earliest of: (1) when written notice of the city planner ’s admi nistrative decision is personally delivered or mailed to the applicant; (2) when an appellate decision is made by vote of the ap pellate 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 i n which the city planner or appellate body is r equired 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 cale ndar days of when the permit application is complete, the r equest for interpretation has been received, or when the appeal has been timely and properly filed. When any such
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decision is not made within the required time, and the applicant or appellant does not waive time, then the application or app eal shall be deemed d enied, and the applicant or appellant shal l h ave th e immediate right to appeal or, if no furt her administrative a ppeal 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 se ction is pending, the status quo shall be maintaine d 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 imm ediate threat to the public health and safety, in which case it may be a bated as a pu blic 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 th e planning commission or city council pursuant to this section, the appellate body shall hold a duly noticed publi c hearing on the matter, hear arguments and take evidence, and decide the matter within the required time period, unless the applicant or appe llant waives time. The d ecision shall be in writing and shall s tate 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 j udicial review of the city’s final decision pursuant to Califor nia Code of Civil Procedure Section 1094.8 or other applicable provisions. (Ord. 776 § 17, 2016; Ord. 672 § 2, 2009)
9.62.130 Violation of chapter.
A. Nuisance. Any violation of the provisions of this chapter by any pers on responsible for committing, causing or maintaining such vi olation, shall co nstitute 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 Revoc ation of Validly Issued Perm it. A violation of any provi sion of this chapter by the holder of a validly issued permit and/or other city author ization 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 Cha pter 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 chapte r b y 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 Chapt er 13.65 of the Cathedral Ci ty Municipal Code, including, but n ot 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 a dministrative 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 cit ation shall not preclude the city from also issuing an i nfraction citation upon the occ urrence 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
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of the first offense; and (3) a fin e in an amount not to exceed five h undred 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 cha pter shall preclude the city from purs uing any other applicable remedies available in law or equity. (Ord. 672 § 2, 2009)
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Chapter 9.64
MOBILE HOME PARK STANDARDS
Sections:
9.64.010 General provisions.
9.64.020 Property development standards—Mobile home parks.
9.64.030 Property development standards—Mobile homes.
9.64.040 Property development standards—Interior facilities of a mobile home park.
9.64.010 General provisions.
A. The uses set forth in this chapter shall be pe rmitted by conditional use permit in those zones where so allowed, subject to the property development standards provided herein.
B. Allowable uses within a mobile home park shall include:
1. Mobile home;
2. Mobile home accessory building or structure;
3. Trailer coach used as a construction project office during the time of construction; and
4. Uses which are accessory, including, but not limited to, laundry and restroom facilities, o ffices and recreational facilities.
(Ord. 80 Art. V(D)(1), 1984)
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 pa rcel and devoted to said use. Said front yard shall have an average width of fi fteen feet and shall not be less than ten feet at any point.
2. Side and Rear Yards. Eac h mobile home park shall have a rear yard of not le ss than five feet in width and a side yard on each side of said mobile home park not less than five feet in width; pr ovided, however, that if a side or rear yard abuts a street, the rear yard or side stree t 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 m obile home park shall be entirely enclosed at its exterior boundaries by a six -foot screen consis ting of solid ma sonry or other appropriate decorative screening; provided, however, that said screen may be reduced to three feet in height when it is co nstructed in a front yard at any entrance to the park.
F. Access from Mobile Home Pa rk to Public Street. Each mobile ho me 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)
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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 i nterior 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 tongu e or towing device is l ocated or designed to be located. A fron t yard shall be measured from the tongue or towing device for the mobile home or, if said d evice is removed from the mobile home, to the front mobile home space line. Said minimum front yard sh all extend for the full widt h of the m obile home space.
2. Side Yard. Each mobile home space shall have a side yar d 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 fro m 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 Un its. 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 a nother 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 th e rear of another mobile home, the minimum distance shall be ten feet.
D. Coverage. Lot area coverage by coach and covered outdoor areas and u ncovered 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 incr ements of five or less, except that more than five spaces may be grouped immediately adjacent to recreation f acilities 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.
3. The applicable provisions of Chapter 9.58 shall apply. (Ord. 80 Art. V(D)(3), 1984)
9.64.040 Property development standards—Interior facilities of a mobile home park.
A. Sanitary Sewer and Water. Each mobil e home space shall be provided with connections to sewer and water services.
B. Drainage Facilities and Utility Services. All storm drainage facilities, electrical, gas, tel ephone services and other utilities shall be placed und erground in conformance with city standards. The electrical, ga s,
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telephone and cable TV systems shall be construc ted in a manner that co nforms to the construction methods approved by the applicable state regulatory agencies.
C. Community Center Parks (Par k and Recre ational Space). A minimum of one hundred fifty squar e feet of net usable area per mobile home space sha ll 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 n ot be less than twenty -five feet. Indoor community re creational facilities shall consist of an area of not less than two thousand five hu ndred square feet or of an area n ot 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 m aintenance materials, used for maintenance of a mobile home park, shall be stored in enclosed or fenced areas.
2. Storage areas shall be provi ded for the benefit of the r esidents 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 fe et times the number of mobil e 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, circ ulation, buildings and service areas shall be completely and permanently landscaped, a nd the entire site shall be maintained in good condition.
G. Miscellaneous Conditions.
1. Other reasonable improve ments may be r equired by the planning commission upon r eview of the application for a mobile home park.
2. Subdivision or lot sales may be allowed subject to compliance with all applicable codes and ordinances. (Ord. 80 Art. V(D)(4), 1984)
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Chapter 9.66
NONCONFORMING USES, LOTS, STRUCTURES AND OTHER IMPROVEMENTS*
Sections:
9.66.010 Purpose.
9.66.020 Determination of nonconforming status.
9.66.030 Nonconforming uses.
9.66.040 Nonconforming lots.
9.66.050 Nonconforming structures.
9.66.060 Other nonconforming site improvements.
9.66.070 Nonconformity with performance standards.
9.66.080 Uses under variance or conditional use permit.
9.66.090 Amortization of outdoor advertising structures or billboards.
* Prior ordinance history: Ords. 80, 483 and 489.
9.66.010 Purpose.
It is the purpose of this chapter to provide regul ations under which lawfully existing uses, lots, structures and other improvements that do not comply with this ordinance, may continue in a manner and for a period of time that encourages i mplementation of local land use and development policy and those regulations that have been adopted in support of that policy. (Ord. 495 § 3, 1998)
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 exis ting but which do not comply with this chapter are det ermined to be nonconforming.
(Ord. 495 § 3, 1998)
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 e xpanded 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; addi tion of other activities such as dancing or live entertainment. The city planner shall make the determination as to whether an expansion or i ncrease in intensity has or would occur.
B. Should the structure and/or improvements which accommodate a nonconform ing use be da maged 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 i mprovements accommodating the use are permitted to be repaired or reconstructed under this chapter.
C. Any portion of a parcel of land or of a stru cture which is altered or changed to a confor ming use shall not thereafter be used for a nonconforming use. A portion of a parcel of land or building upon which the
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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 su pports the nonconforming use (e.g. an apar tment 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 prope rty has been converted to support the conforming use pr oposed. 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 R-1 zone in the area bounded by Ramon Road and Dinah Shore, and b etween Date Palm Drive and the Whitewater River, shall be deemed conforming.
(Ord. 554 § 1, 2002; Ord. 553 § 4, 2002; Ord. 495 § 3, 1998)
9.66.040 Nonconforming lots.
A nonconformi ng lot ma y 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)
9.66.050 Nonconforming structures.
A nonconforming s tructure may be maintained until su ch 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 compl iance with all current regulation s 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 da maged but not destroyed, may be repaired, reco nstructed or restored provided that such repair, reconstruction or restoration shall be co mmenced no later than six months from the date of such damage or partial d estruction, and shall be completed within six months after said commencement, or at a later time a s 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, sha ll not be occupied again unt il such time as it is brought into conformance with current regulations.
D. A nonconforming structure shall not be added to or enlarged; however, structural alter ations 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 ma intenance and repairs to nonconforming structures a nd/or the strengt hening or restoration to a safe condition of any structure declared to be unsafe by the building official.
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G. Existing, legally permitted multi-family dwelling uses (two units or more on a lot) in the R-1 zone in the area bounded by Ramon Road and Dinah Shore, and b etween Date Palm Drive and the Whitewater River, shall be deemed conforming.
(Ord. 554 § 1, 2002; Ord. 553 § 5, 2002; Ord. 495 § 3, 1998)
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 nonconformi ng 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 improv ements may be expande d or have facilities added, provided that the expansion or addition meets all current development requirements.
D. Nothing in this c hapter shall be construed to prevent o rdinary maintenance and r epairs to nonconforming site improvements or corre ctions to i mprovements determined to be unsafe by the city planner.
(Ord. 554 § 1, 2002; Ord. 495 § 3, 1998)
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 oper ation of said uses as required by this chapter, shall be brought into conformity with said st andards within a period of one year fr om the effective date of the ordinance codified in this chapter, otherwise the nonconforming use shall be discontinued. (Ord. 495 § 3, 1998)
9.66.080 Uses under variance or conditional use permit.
The nonconforming uses and buildings which are existing u nder a variance or a cond itional 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)
9.66.090 Amortization of outdoor advertising structures or billboards.
A. Outdoor advertising structures or bil lboards which do not fall within subsection B of this section, shall be subject to an amortization p eriod of five years, provided that the city, pu rsuant to Business and Professions Code Se ction 5412 et seq., pays to the owner or owners of the structure or billbo ards and the owner or owners of the land upon which the structure or billboard is located just compensation for removal of the subje ct structure or billboard, or the part ies mutually agree to rel ocate the structure or billboard. Nothing set forth herein sh all require the payment of just compensation pu rsuant to Business and Professions Code Section 5412 if an outdoor advertising structure or billboard is removed because a permit, license or approv al is requested for the construction of a building or structu re 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 subse ction (B)(3) of this sec tion exist and provided that the city provides a Notice of Removal, a nonconforming outdoor advertising structure or billboard locat ed in
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any residential zone of the city may be maintained for th e 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 adju sted each January 1st since January 1, 1983 in accordance wit h the changes in buil ding costs, as indicated in the United States D epartment of Commerce Composite Cost Index for Construction Cost s, 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 co mpensation 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 cod ified 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 hund red sixty feet from the edge of the right -of-way of an interstate or primary hig hway with its copy visible from the highway, nor is placed or maintained beyond six hu ndred sixty feet from the edg e 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 offic ially des ignated as a part of the n ational system of intersta te and defense highways by the Director of Transportation of the state of Cal ifornia and approved by appropriate authority of the federal government. “Just compensation” shall have the same mea ning as de fined 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 intersta te highway, at any time off icially designated as a part of the federal-aid pr imary 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 o f the right-of-way” shall mean six hun dred sixty feet measured from the edge of the right -of-way horizontally along a line n ormal or perpendicular to the ce nterline of the highway.
(Ord. 495 § 3, 1998)
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Chapter 9.68
SPECIAL USE PERMITS
Sections:
9.68.010 Purpose.
9.68.020 Applicability.
9.68.030 Application.
9.68.040 Fee.
9.68.050 Decision process.
9.68.060 Conditions of approval.
9.68.070 Director approval.
9.68.080 Appeals.
9.68.090 Time limit.
9.68.100 Revocation.
9.68.110 Reapplication.
9.68.010 Purpose.
It is the purpose of this chapt er to provide for an effi cient 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. 386 § 4, 1993; Ord. 80 Art. V(E), 1984)
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 o ffice use, storage or sales prior to completion of permanent facilities, provided that plans for the perm anent 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 pr ojects that are under constru ction. Th e 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 tha t the city planner determines is temporary in nature and furthe r provided that said use is found not to be detrimental to surrounding neighborhood.
B. Uses not requiring a special use permit are:
1. Sales promotion or grand openings, provided that application for temporary sign permit is obtained;
2. Garage and rummage sales by private citizens on property within their ownership or other control;
3. Uses specifically regulated per other authority in the city codes. (Ord. 554 § 1, 2002; Ord. 386 § 4, 1993; Ord. 80 Art. V(E), 1984)
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9.68.030 Application.
The city planner shall provide an application form that must be completed an d 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 emp loyee as additional insur eds, issued by a company satisfactory to the city attorney, a nd 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. 554 § 1, 2002; Ord. 386 § 4, 1993; Ord. 80 Art. V(E), 1984)
9.68.040 Fee.
A fee as determined by resolution of the city cou ncil to defray the costs and expenses of the city in processing the application shall be paid prior to a ccepting the applica tion for filing, no part of which fee shall be refundable to applicant.
(Ord. 386 § 4, 1993; Ord. 80 Art. V(E), 1984)
9.68.050 Decision process.
A. The city planner , or his designee, shall imm ediately up on receipt of a completed applic ation as determined by the city planner, distribute the application to the following:
1. Appropriate city department for review and comments on matters pertaining to site pla nning, land use, building construction, streets, grading and public safety;
2. Other local governmental agency, or utility district as necessary.
B. A decision shall be rendered by the city planner or his designee within ten working d ays 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 dec ision provided that an additional fee is paid to accommodate the special processing requ ired to accelerate. Howev er, in no case shall the city be requested to make a decision within five working days from application acceptance. (Ord. 554 § 1, 2002; Ord. 386 § 4, 1993; Ord. 80 Art. V(E), 1984)
9.68.060 Conditions of approval.
The city planner is authorized to place conditions on an approved special use permit that i nclude, 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 s ite and a ppropriate directional signin g, 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.
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(Ord. 554 § 1, 2002; Ord. 386 § 4, 1993; Ord. 80 Art. V(E), 1984)
9.68.070 Director approval.
The city planner may approve a special use pe rmit if he determines that the use would not be injur ious to existing improve ments and land uses or would be detrim ental to the surrounding area or t he public in general.
(Ord. 554 § 1, 2002; Ord. 386 § 4, 1993; Ord. 80 Art. V(E), 1984)
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 ci ty council, or the council may order a review of sai d determination or any condition or requirement thereon, within ten working days from the city planner ’s decision.
(Ord. 554 § 1, 2002; Ord. 386 § 4, 1993; Ord. 80 Art. V(E), 1984)
9.68.090 Time limit.
The uses allowed by the special permit shall commenc e within ninety days of the issuance of said permit, otherwise the permit shall expire and become void. (Ord. 386 § 4, 1993; Ord. 80 Art. V(E), 1984)
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 permi ttee acquired the special use perm it by making or causing to be made factual misrepresentations, material nondisclosures or false or misleading statements in its applic ation 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. 554 § 1, 2002; Ord. 386 § 4, 1993; Ord. 80 Art. V(E), 1984)
9.68.110 Reapplication.
No person shall reapply for a similar special use permit if an app lication for such has been d enied 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 appl ication without prejudice.
The city planner may waive this res triction if he determines conditions have changed since the previous denial or revocation.
(Ord. 554 § 1, 2002; Ord. 386 § 4, 1993; Ord. 80 Art. V(E), 1984)
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Chapter 9.70
HOME OCCUPATIONS
Sections:
9.70.010 Purpose.
9.70.020 Permitted uses.
9.70.030 Prohibited uses.
9.70.040 Business license required.
9.70.050 Permit required.
9.70.060 Permit fee.
9.70.070 Operating standards.
9.70.080 Term of permits.
9.70.090 Revocation of permit.
9.70.100 Appeal procedure.
9.70.110 Violation a public nuisance.
9.70.120 Nonconforming.
9.70.010 Purpose.
These provisions allow for the conduct of home en terprises within residential zones which are incidental to and compatible with surrounding res idential uses. A home occupation repre sents a legal income-producing activity by the occupant of the dwelling. (Ord. 208 § 2, 1988; Ord. 80 Art. V(G), 1984)
9.70.020 Permitted uses.
To meet the purpose of this chapter, home o ccupations are to be limited to those uses that are prima rily 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, wher e s aid bu siness has its principal office, staff and equi pment located elsewhere;
C. The in -home office of a salesperson , e-commerce business, or online service when all sales are conducted by t elephone, internet/online or corr espondence 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. 208 § 2, 1988; Ord. 80 Art. V(G), 1984)
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;
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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. 208 § 2, 1988; Ord. 80 Art. V(G), 1984)
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. 208 § 2, 1988; Ord. 80 Art. V(G), 1984)
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 d etermining that t he proposed home occupation can meet all the requirements of this chapter.
(Ord. 208 § 2, 1988; Ord. 80 Art. V(G), 1984)
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. 208 § 2, 1988; Ord. 80 Art. V(G), 1984)
9.70.070 Operating standards.
A permitted home occupation as def ined above shall be conducted in compl iance with the follo wing criteria:
A. No one other than the resident of the dwelling s hall be employed on the premises in the co nduct of the home occupation.
B. The home occupation shall be conducted e ntirely within the enclosed area of the main building. Space within an attached garage may be used for the co nduct 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 conduct ed 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 equipme nt, 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 hazardo us materials stored on th e p remises 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 vehicle s for the operation of the home occupa tion shall be limited to one vehicle having a manufacturer’s gross vehicle weight, per California Vehicle Code, Section 390, rating of less than ten
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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 oc cupation, tran sports supplies or peopl e that are i nvolved 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 s hall not be altered, or the home occupation be so co nducted that the lot or building may be reason ably reco gnized as serving a nonre sidential 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 cond itions 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 subseque nt home occupations are an e -commerce or online business and th e applicant(s) complies with all other operating standards.
(Ord. 208 § 2, 1988; Ord. 80 Art. V(G), 1984)
9.70.080 Term of permits.
All permits for home occupations shall co ntinue in exist ence until abandoned or revoked. A hom e occupation permit shall be considered abandoned if the business license is not renewed. (Ord. 208 § 2, 1988; Ord. 80 Art. V(G), 1984)
9.70.090 Revocation of permit.
If the city planner determines that a home o ccupation is being conducted in violation o f the provisions of this chapter, he or she shall cause a notice of violation and revocation of permit to be mailed, by cert ified mail, to the permittee at the address shown on the home occupation permit. The home occu pation 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. 208 § 2, 1988; Ord. 80 Art. V(G), 1984)
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. 208 § 2, 1988; Ord. 80 Art. V(G), 1984)
9.70.110 Violation a public nuisance.
Any violation of this chapter is a public nuisance.
(Ord. 208 § 2, 1988; Ord. 80 Art. V(G), 1984)
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9.70.120 Nonconforming.
All existing home occupations that were made nonconforming on the date of the adopti on 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. 208 § 2, 1988; Ord. 80 Art. V(G), 1984)
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Chapter 9.72
CONDITIONAL USE PERMITS
Sections:
9.72.010 Purpose.
9.72.020 Specific uses permitted subject to conditional use permit.
9.72.030 Application.
9.72.040 Planning commission and/or city council granting—Criteria.
9.72.050 Denial of conditional use permits.
9.72.060 Effective date—Final decision.
9.72.070 Planning commission and city council public hearings—Procedure.
9.72.080 Appeal process.
9.72.090 De novo review by city council of planning commission action.
9.72.100 Permit to run with the land.
9.72.110 Time limit.
9.72.120 Revisions to site plan.
9.72.130 Revocation.
9.72.140 Maintenance of site, building and landscaping.
9.72.150 Existing permits.
9.72.160 New application.
9.72.010 Purpose.
The conditional use permit is in tended for those types of land uses which require special co nsideration because they possess unique characteri stics 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 de emed to have any “right” to a conditional use permit; such permit is a discr etionary action under the zoning regulations, the granting of the permit shall be viewed as a special dispensation. The city has sole authorit y to grant the entitlement to an appli cant and a conditional us e p ermit shall only be granted with the esta blishment 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 detrim ental 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 str eets and highways which are designed a nd 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.
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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)
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)
9.72.030 Application.
The application for a condi tional use permit shall be completed on the official application su pplied by the city and filed with the community development planning department by the owner of the property for which the permi t is sought, or by the lessee having a lease -hold interest or by the a gent of any of the foregoing duly authorized in writing.
(Ord. 714 § 6, 2012)
9.72.040 Planning commission and/or city council granting—Criteria.
A. When approving a co nditional use pe rmit the pla nning commission and/or city council may grant a conditional use permit under any pr ovisions 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 commi ssion and/or the city council should in its deli beration consider whether the proposed use at the proposed location is detrimental to other exis ting and per mitted uses in the general area thereof and relates proper ly to existing and proposed streets and highways.
C. In granting a conditional use permit, the pla nning commission and city council may impose such reasonable conditions as are deemed ne cessary and desirable to protect the public health, safety, convenience and general we lfare 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 com mission, the use s hall be subject to all property development standard s of the zone in which the use is l ocated and that the planning commission or city council may impose additional conditions if necessary.
E. All conditional use permits a pproved by the c ity council or pla nning commission are su bject to all aspects of the d esign review process, including, but not limited to, review of arch itecture, building color, signage, landscaping, fencing, and parking.
(Ord. 714 § 6, 2012)
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)
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9.72.060 Effective date—Final decision.
A. A conditional use permit granted by the co mmission as provided in this chapter shall b ecome effective immediately upon the expiration date of the appeal period per Section 9.72.080 of this chapter.
B. A conditional use permit g ranted by the cou ncil, as provided in this chapter, shall become effective immediately upon the council’s a ction to grant the permit . All decisions of the council concern ing the merits of the application shall be final.
C. The effective date of a condition al use permit shall be the original date of approval of the conditional use permit for purposes of determining the date of expiration pursuant to Section 9.72.120. (Ord. 714 § 6, 2012)
9.72.070 Planning commission and city council public hearings—Procedure.
A. Notice of public hearing shall contain the time and place of the hearing and the location and pr oposed use of the subject property.
B. Notice of public hearing, in accordance with the provisions of Government Code Sections 65090 and 65091, shall be g iven by U.S. mail, postage prepaid, to owners of real property l ocated within three hundred feet of the exterior boundaries of the p arcel of property to be co nsidered, as shown by the la st equalized assessment roll and on any updates issued by the county assessor.
C. Notice shall be mailed pursuant to subsection A of this section, postage prepaid, not less than ten days before the hearing date.
D. Notice shall be posted on the exterior of City Hall i n a pl ace that is accessible to the public du ring nonworking hours.
E. Public Hearing—Procedure.
1. At the time and place so fixed and n oticed, the public hearing shall be conducted before t he planning commission. The commission may establish i ts own rules for the conduct of pu blic hearings and the member of the commission presiding at such hearings is empowered to administer oaths to any person testifying.
2. The commission may for any reaso n, when it deems such action necessary or desirable, c ontinue such hearing to a time and place certain.
3. A summary of all pertinent testimony offered at the public hearing, the names and addresses of persons testifying, copies of all notices, a ffidavits of posting and publication, and record s of action take n shall be a part of the files of the case.
(Ord. 714 § 6, 2012)
9.72.080 Appeal process.
A. Any person aggrieved or affected by the final determination of the planning commission concer ning an application for a conditional use permit incl uding any condit ional 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 community development planning department and paying the established fee as set forth by the city council.
B. The community development director city planner or designee shall schedule a public hearing subject to the requirements of Section 9.72.070 of this chapter.
C. The community deve lopment director city planner or de signee sha ll transmit to the city counci l a written report, copies of the application, a nd co pies of all other papers constituting the record upon which the commission’s decision was taken, including, but not limited to, the mi nutes of all hearings thereon and shall submit to the council a writt en report, prepared from the record upon which the final
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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 requ irements 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, co ndition or requirement of the commission which is a ppealed 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, i ncluding, but not limited to, the ap plication, minutes of hearings, noti ce of appeal and the commissio n’s re port, 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 unde r this chapter, or on the date the c ouncil orders a r eview 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. 714 § 6, 2012)
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 m ay add, modify, or delete any part of the project and/or conditions of approval.
(Ord. 714 § 6, 2012)
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 o wnership of the business, parc el, 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)
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 co mpleted building permit application has been submi tted. A “completed buildi ng permit application” shall mean al l required fees, stru ctural pl ans, s ite plans, grading plans and other documents required pursuant to the conditional use permit. The building official in consultation with the community development director city planner or designee shall have authority to determine the sufficiency of the build ing pe rmit application as complying with the criteria in t his section.
B. A conditional use permit shall expire upon expiration of a building permit which has been i ssued in accordance with subsection A of this section.
C. When an applicant desires an exte nsion 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 di scretion may grant an extension of time not to exceed one year from the original expiration of such permit.
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D. Notwithstanding Ordinance No. 659, when a n applicant desires to be granted an extension of a conditional use permit, and the conditional use permit is coupled with a tentati ve tract map or pa rcel 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 extensi on for a conditional use permit must be filed on a form as provide d 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 o r the city council, whichever body gave final approval of the approved conditional use permit. (Ord. 714 § 6, 2012)
9.72.120 Revisions to site plan.
A. Any exterior changes to the design of the building or landscaping that involve no expa nsion shall be handled via an administrative design review per Section 9.78.040 or 9.78.050 of the municipal code as an administrative design review.
B. Revisions other than minor revisions, as d efined in subsection A of this section, may be made pursuant to the regular conditional use permit procedure set forth in Section 9.72.040 of this chapter.
C. All copies of the approved revised site pla n shall be dated and signed by the community development director city planner or designee and made a part of the record of the subject condi tional use permit.
One copy of such approved revised site plan shall be mailed to the applicant. (Ord. 714 § 6, 2012)
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 ques tion 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 in accordance with Government Code Section 65091, as follows:
1. Mailed or deli vered in person at least ten days prior to the hearing to the owner of the subject real property and to the project applicant.
2. Mailed or delivered at least ten days pr ior to the hearing to each a ffected local agency whose ability to provide service may be significantly impacted.
3. Mailed or delivered at least ten days prior to all owners of real property within three hu ndred feet of the real property subject to the hearing.
4. The hearing shall be posted on site in accordance with Section 9.72.080(E) of this chapter.
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 no nconforming conditional use permit is operative is such, that they can b e used or altered so as to b e used in conformity with the uses permitted in the zone i n which such property is located without i mpairing the constitutional rights of any person.
6. That the applicant has failed to comply with the development approval and/or conditions of approval.
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(Ord. 714 § 6, 2012)
9.72.140 Maintenance of site, building and landscaping.
Notwithstanding performance standards r equired to be met under Chapter 9.86, all improv ements approved for construction based upon the procedures established herein are required t o be maintained so as to substantially comply with the pla ns approved for construction unless modific ations are approved by the city. The improvements to be maintained include, but are not l imited to, site improvements, such as parking and walking su rfaces, drainage control facilities, fences, signs, and lights; building and accessory structure improvements, such as paint colors and other finish mater ials, roofing materials, mechanical equipm ent, 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)
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 s ubject to all cond itions imposed in su ch permit unless otherwise provided in this chapter. Such permit may, however, be revo ked or voided as provided in Section
9.72.130.
(Ord. 714 § 6, 2012)
9.72.160 New application.
Following the denial of a conditiona l use pe rmit appli cation or the revoca tion of a use permit, no application for a use permit for the same or su bstantially th e same conditional use on the same or substantially the same site shall be filed within one year from the date of denial or revocati on of the use permit unless such denial was a denial without prejudice. (Ord. 714 § 6, 2012)
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Chapter 9.74
CHANGE OF ZONE OR ZONING ORDINANCE TEXT
Sections:
9.74.010 Zoning map amendment procedure.
9.74.020 Initiation.
9.74.030 Application—Filing—Contents.
9.74.040 Application—Consideration after denial.
9.74.050 Application—Filing fee.
9.74.060 Appeal—Filing fee.
9.74.070 Public hearing—Date—Notice.
9.74.080 Investigation.
9.74.090 Public hearing—Procedure.
9.74.100 Findings—Decision.
9.74.110 Council action.
9.74.120 Criteria.
9.74.130 Denial—Appeal.
9.74.140 Original—Filing.
9.74.150 Publication.
9.74.160 Periodic revisions of zoning map.
9.74.170 Text amendment procedure.
9.74.180 Initiation.
9.74.190 Staff investigation.
9.74.200 Public hearing—Commission—Notice.
9.74.210 Public hearing—Commission—Recommendation.
9.74.220 Public hearing—Council—Date and notice.
9.74.230 Public hearings—Council—Decision.
9.74.240 Minor amendments.
9.74.250 New application.
9.74.010 Zoning map amendment procedure.
The procedures set fo rth in this chapter are directory regulations go verning 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)
9.74.020 Initiation.
An amendment to the official zoning map may be initiated by order of th e planning commission or the council or by an application of one or more of the owners of property affected by the proposed amen dment or change.
(Ord. 80 Art. V(I)(2), 1984)
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9.74.030 Application—Filing—Contents.
Applications shall be filed with the secr etary of the planning commission on forms which will be furnished by said secretary, and applications shall be accompanied by such d ata and information as may be prescribed for that purpose by the c ommission so as to assure fullest practicable presentation of facts for the permanent record.
(Ord. 80 Art. V(I)(3), 1984)
9.74.040 Application—Consideration after denial.
No application from an owner of p roperty for the same general purpose concerning the same property which has been denied by the planning co mmission or city council shall be received or processed by the secretary of the planning commi ssion within twelve months of such den ial 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)
9.74.050 Application—Filing fee.
A filing fee as established by city council res olution 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 procee dings instituted by either the council or the planning commission.
(Ord. 80 Art. V(I)(5), 1984)
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)
9.74.070 Public hearing—Date—Notice.
A. Upon the filing of an y such application and the payment of the required fee, the secretary of the planning commission shall set a date for one public hea ring thereon before said commission. The date of said hearing shal l be n ot less than ten days from the date of filing such a pplication, nor more than forty-five days from the date of filing such application.
B. Notice of public hearing shall contain the ti me and place of th e hearing and the lo cation and proposed use of the subject property.
C. Notice shall be published at least once in a new spaper of general circulation in the city or shall be posted in at least three public places in the city, not less than ten days before the hearing date.
D. Notice shall be mailed, pos tage p repaid, not less than ten days before the hearing da te to owners of property within a radius of three hundred feet of the exterior boundaries of the subject property, pursuant to Secti on 65854 of the Go vernment Code, toget her with any other notice re quired by that section.
(Ord. 320 § 4, 1991; Ord. 80 Art. V(I)(7), 1984)
9.74.080 Investigation.
The planning commission shall cause to be made by any of its own members, or by any me mber or members of its staff, such investig ation of facts bea ring upon such a pplication or matter set for hearing
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(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)
9.74.090 Public hearing—Procedure.
A. At the time and place so fixed and notice d, the public hearing shall be conducted before the planning commission. The commission may establish its own rules for the conducti ng of public hearings and the member of the commission presiding at such hearings is empowered to administer oaths to any pe rsons 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, a ffidavits 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)
9.74.100 Findings—Decision.
If from the facts presented to the commission at the public h earing the commission finds that the lot area development standard for the proposed zone is the same as the standard designated on t he general plan map for the property s ubject 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 th e hearing and shall forthwith transmit a copy th ereof to the applicant and to the city clerk for schedulin g on a council meeting agenda in the case of a recommend ation of approval, or for individual transmittal of co pies to members of the council in the case of a disa pproval (in which case it shall not be placed on an agenda unless a council member so requests). If the co mmission recommends approval of the proposed zone change, or any portion thereof, it shall also transmit to the council for action the rep ort of its fin dings and recommendation thereon t ogether 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 reaso ns for the recommendation, and the relationship of the proposed or dinance or amendment to applicable general and specific pl ans. 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)
9.74.110 Council action.
Upon receipt of a recommendation for a pproval, together with the commission’s report and reasons relative thereto, the council shall within not less t han ten nor more than thirty days of said r eceipt conduct a public hearing, with notice as provided in Section 9.74.070(C). 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 commissio n for a r eport on th e parts in question. Upon re ceiving the report of the
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commission, the council may, by ordinance, effect any change or amendment even though the commission does not concur.
(Ord. 80 Art. V(I)(11), 1984)
9.74.120 Criteria.
The commissio n, in recommending, and the council, in reviewin g a pr oposed 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 conformit y with the general plan map and report , and the lot area development standard for the proposed zone is the same as the lot a rea 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, r elationship 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)
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 t he notification of denial was mailed t o said applicant or upon termination of the time limit, appeal to the council by writt en 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 an d wherein the public necessi ty, 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 , co nvenience, general we lfare, or good zoning practice required the change or amendment involved. The council may grant any appeale d 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 Section 9.74.070(C) and 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 pr operty owners, whi ch has been disappro ved by the commission, shall be the same as that set forth for the granting of an appealed application. (Ord. 80 Art. V(I)(13), 1984)
9.74.140 Original—Filing.
The original of the official zoning map shall be kept on file with the cit y clerk and shall co nstitute the original records. A copy of said map shall be filed with the city planner. (Ord. 554 § 1, 2001; Ord. 80 Art. V(I)(14), 1984)
9.74.150 Publication.
All ordinances making. amendments and changes shall be p ublished or posted by the city clerk a s provided by law. These data shall at that time be filed with the city planner. (Ord. 554 § 1, 2001;Ord. 80 Art. V(I)(15), 1984)
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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 d ate and to replace the original or amended official zoning map which is part of this title. No changes shall be made upon such revis ed map that have n ot been made through regular zones change procedure.
(Ord. 554 § 1, 2001;Ord. 80 Art. V(I)(16), 1984)
9.74.170 Text amendment procedure.
Any amendment to the text of this chapter which imposes any regulation not heretofore i mposed or removes or modifies any such regulation theretofore imposed may be m ade according to the procedure set forth in this chapter. However, these directory regulations are mandatory only to the e xtent made so by the California Planning and Zoning Law.
(Ord. 80 Art. V(I)(17), 1984)
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 m otion and then subm it the matter to t he commission for public hearings.
(Ord. 80 Art. V(I)(18), 1984)
9.74.190 Staff investigation.
The planning division shall study the proposed amendment and shall provide information nece ssary 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)
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.
B. The notice of time, place a nd purpose of the hea ring shall be published once in a newspaper of general circulation in the city, or shall be posted in at least three public places in the city, not l ess than ten days prior to t he date of hearing. The title of such notice shall consist of words “NOTICE OF PROPOSED AMENDMENT TO ZONING O RDINANCE” in larger type than that used for the balance of the notice.
(Ord. 80 Art. V(I)(20), 1984)
9.74.210 Public hearing—Commission—Recommendation.
A. The commission shall, not less than ten days afte r the publication or posting of the legal n otice of a public hearing on an amendment, hold said public hearing.
B. Within thirty day s after the conclu sion of the public h earing, 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)
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9.74.220 Public hearing—Council—Date and notice.
A. The council hearing date shall be set by the city clerk for not more than thirty days after the filing of the commission’s recommendation.
B. Notice shall be given as provided in Section 9.74.200(B). (Ord. 80 Art. V(I)(22), 1984)
9.74.230 Public hearings—Council—Decision.
A. The council shall, not less than ten d ays, nor more than thirty days after the publication of th e legal notice of a public hearing on an amendment, hold said public hearing.
B. The council may adopt by ordinance the amen dment recommended by the c ommission after holding at least one public hear ing th ereon. The council may modify the amen dment recommen ded 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 sh all 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)
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)
9.74.250 New application.
Following the denial of a zone change applic ation, 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 wit hin 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)
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Chapter 9.76
VARIANCES
Sections:
9.76.010 Purpose.
9.76.020 Variance in a use—Prohibited.
9.76.030 Findings.
9.76.040 Procedure.
9.76.050 Administrative variance.
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 surround ings, shall be acc orded priv ileges commonly enjoyed by other properties in the same vicinity when approved by the planning commission. (Ord. 80 Art. V(J)(1), 1984)
9.76.020 Variance in a use—Prohibited.
In no case shall a variance be granted to permit a use other than a u se permitted in that district, this being the rule prescribed by Section 65906 of the Government Code. (Ord. 80 Art. V(J)(2), 1984)
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 gr anting of the variance is co mpatible with the objectives, policies, general land uses and programs specified in any adopted general plan.
(Ord. 80 Art. V(J)(3), 1984)
9.76.040 Procedure.
A. Applications. Applications for variances shall be made to the pla nning commission in writing on forms provided by the city for this purpose and shall s et forth in detail such information as may be required and as may relate to the fin dings specified in Section 9.76.030. Notwit hstanding any other provision of this chapte r, a uniform fee, as esta blished b y 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 purp ose of this ordinance and shall make these facts part of the case
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record. No applic ation shall be regarded as having been filed unti l the fee referred to above has been deposited with the city.
B. Advertised Public Meeting on Variance Appl ication. Upon rec eipt of an application for var iance, the city planner shall, after any necessary environmental review, set the time and place for an advertised public meeting thereon. No tification shall be mailed n o less than ten cale ndar days before the date of any adver tised pu blic meeting. A notice of an advertised public meeting containing the name of the applicant, nature of request, location of property and time and place of meeting , shall be sent through the United States mail to all property owners within three hun dred feet of the exterior boundaries of the area described in the applic ation, so stated to be the subject of the meeting. Notices s hall be sent to those owners of pro perty as shown by the last equa lized assessment roll and on any updates issued by the county assessor.
C. Findings. If in the opinion of the planning commission, the necessary facts and cond itions set forth in Section 9.76.030 apply to the property referred t o in the application for var iance, the variance may be granted. If such facts and conditions do not apply, the planning commission shall deny the application.
D. Conditions of Approval. Any variance granted shall be su bject to such conditions as will assure that the adjustment thereb y auth orized shall not constitute a grant of special privi lege inconsistent with the limitation upon other properties in the vicinity and zone in which such property is situated. The commission shall set fort h such conditions as deemed ne cessary and reason able t o protect the best interests of the surrounding prop erty or neighbo rhood, the general plan or the intent thereof. Said conditions may include the dedication and development of streets adjoining the pro perty and other improvements.
E. Notice of Decision. A notice of such decision shall be sent by certified mail to the applicant for variance in a timely manner. The decision shall become effective fifteen calendar days after the appl icant receives written notice.
F. Appeal. Any decision of the planning commission can be appealed to the city council per the proc edure generally provided in Section 9.72.090.
G. Voiding of Variances. A variance shall expire within twenty -four months after the o riginal date of approval, unless a com pleted building permit a pplication has been submitted. A “completed building permit ap plication” shall mean all required fees, stru ctural plans, site plans, grading plans and other documents r equired pursuant to the va riance. The city p lanner shall have au thority to determine the sufficiency of the building permit application as complying with the criteria in this section.
In the event said variance application was filed and approved in conjunction with the filing and approval of a tentative tract or parcel map, then said variance approval may be extended in conjunction with an approved extension of the subdivision map process.
H. New Application. Following the denial of a var iance application or the revocation of a var iance no application for the same or s ubstantially the same varian ce for the same or substantially the same site shall be fi led within one year from the date of d enial or revocation unless such denial was a denial without prejudice.
(Ord. 554 § 1, 2001; Ord. 320 § 5, 1991; Ord. 159 § 3, 1986; Ord. 80 Art. V(J)(4), 1984)
9.76.050 Administrative variance.
A request for a minor variance from certain types of zoning regulations or conditions of a pproval may be approved, conditionally approved, or denied by th e city planner as an administrative va riance. An administrative va riance may be granted without the nece ssity of a public no tice hearing in the limited situations enumerated below:
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A. To allow a decrease not exceeding twenty percent in required minimum setbacks; B. To allow a decrease not exce eding ten percent in require d parking aisle width or similar d imensional 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 exc eeding ten percent for maxim um bui lding coverage of net lot area , or height; and
E. To allow other variances as determined appr opriate by the city planner upon the city planner’s finding that the variance meets or is similar to the aforementioned criteria. (Ord. 554 § 1, 2001; Ord. 436 § 2, 1996; Ord. 80 Art. V(J), 1984)
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Chapter 9.78
DESIGN REVIEW
Sections:
9.78.010 Purpose.
9.78.020 Application.
9.78.030 Exceptions to design review.
9.78.040 Administrative design review of minor projects subject to staff review.
9.78.050 Administrative design review actions reviewed by the architectural review committee.
9.78.060 Planning commission action.
9.78.070 De novo review by city council of planning commission action.
9.78.080 Processing time limits.
9.78.090 Filing procedures.
9.78.100 Time limitation.
9.78.110 Maintenance of site, building and landscaping.
9.78.010 Purpose.
Cathedral City lies in a natural setting of sc enic, natural beauty with year -round weather e ncouraging outdoor activities. This environme nt generates a strong cataly st for tourist and recre ation-oriented activity with stabl e family -oriented residential areas. It is the purpose of these prov isions to assure that the development of the co mmunity complimen t the natural envi ronment and is consi stent 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 considerat ions, including: hei ght, bulk, area, color of bu ildings, types of co nstruction materials, physical and arc hitectural relationships with existing and proposed stru ctures; height; materials, and variations in boundary walls, fences, exterio r elevations of al l sides of the build ings 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, t opography, methods of irrigation, lighting, and incorporation and placement of utilities and appurtenances.
C. Site plan analysis, including: traffic circul ation, on -site and off -site safety considerations, p edestrian circulation and safety, arrangement of off -street parking and loading facil ities, and provisi on of municipal and public services.
It is inte nded t hat these provisions are consi stent with and impleme nt the community design and development goals of the general plan. In order to achieve these goals all development whether reviewed by staff, the arch itectural review com mittee, planning commission, and/or city council shall be reviewed for compliance with all applicable city municipal codes or design guidelines. (Ord. 714 § 7, 2012)
9.78.020 Application.
Application for a design review shall be submitted to the community development 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)
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9.78.030 Exceptions to design review.
A design review application shall not be required for the following:
A. Interior alterations for permitted uses;
B. Individual single-family dwellings;
C. Interior landscaping of gated communities.
(Ord. 714 § 7, 2012)
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;
5. Commercial building additions that satisfy the following conditions:
a. Structures that do not face a public street, public area, or adjacent to a residential area, b. Additions that are less than thirty percent of the total existing floor area;
6. Buildings that are damaged and not d estroyed subject to Chapter 9.86 of this code by fire, earthquake, natural disasters, acts of God, or the public enemy that do not involve ex pansion 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 r equired by a national chain in order to maintain a corp orate identity: flexibility in architecture shall be used to provide for complimentary archite cture to the surrounding area;
10. Changes to a conditional use permit that add no floor area to the buildi ng or change to the land use and are within the scope of this section may be processed as an administrative design review.
B. The community development director 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 detr imental 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 Ci ty public hearing process and are not subject to the public hearin g requ irements of California Government Code Section 65090.
(Ord. 714 § 7, 2012)
9.78.050 Administrative design review actions reviewed by the architectural review committee.
A. In order to streamline the development process and facilitate economic develo pment, projects that are permitted uses and will not have a significant impact on the surrounding area shall be processed as an administrative design r eview acted on by the architectural review committee. The architectural revie w committee shall review the following projects:
1. Significant changes to the architecture of the building that changes the character defining features of the building.
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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 lan dscaping of a gated com munity, commercial deve lopment, or shopping center.
5. Changes to a conditional use permit that are within the scope of this section may be pro cessed 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 t he planning commission based on any of the following:
1. The proposed project is deemed to have detr imental 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 a nd may impose cond itions of approval.
D. The architectural review committee’s action is final unless appealed to the planning commission subject to the procedure set forth in Se ction 2.04.100 of this code wherein the pla nning commission would be substituted for the city council.
E. These projects are minor in nature and not subject to the Cathedral City public hearing pro cess and are not subject to the public hearing requirements of California Government Code Section 65090. However, in order to support tran sparent government and community i nvolvement these projects shall be posted on the exterior of City Hall in a place that is accessible during nonworking hours and electron ically on the city’s website a minimum of five days prior to the meeting of the architectural review committee. (Ord. 746 § 7, 2014; Ord. 714 § 7, 2012)
9.78.060 Planning commission action.
A. Any item not ex pressly mentioned in Sections 9.78.040 and 9.78.050 shall be acted on by the planning commission which shall consider the recommendations of staff, the architectural review committee, and all applicable municipal codes.
B. The findings of staff and the arc hitectural r eview committee shall be forwarded to the planning commission in the form of a written report.
C. The planning commission shall have full a uthority to take final action on projects and c an add, modify, or delete any condition of approval recommended by staff or the architectural review committee.
D. These projects are not subject to the Cathedral City public hearing process and are not subject to the public hea ring requirements of Califo rnia Go vernment Code Section 65090. However, in order to support transparent gover nment and community involvement these pr ojects shall be posted on the exterior of City Hall in a place that i s accessible during no nworking hours a nd electronically on the city’s website a minimum of five days prior to the meeting of the planning commission.
E. The planning commission’s action is final unless appealed to city council subject to Se ction 2.04.100 of this code.
(Ord. 714 § 7, 2012)
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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 r eview 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 mee ting 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)
9.78.080 Processing time limits.
It shall be the responsibility of the community development director city planner or designee to inform the applicant of a design review application of the co mpleteness of such application within thirty days of receipt. If the application is complete, the community development director 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)
9.78.090 Filing procedures.
A. A request fo r design review ap proval shall be submitted on applicati on forms provided by the community development planning department. The application for such approval shall be filed with the city. If the project concurrently r equires a conditional use permit or pla nned unit development application; the information co ntained in t hat application may be used to su bmit a design review application.
B. An application f or design review shall be su pplemented by plans, drawings, photographs, renderings, samples of materials and any other pert inent information, as required by the community development director city planner to adequately portray all applicable aspects of a pr oposal and adjacent property as required. Plans and drawings shall be signed by the draftsman and the ar chitect, building designer or engineer responsible for their correctness.
(Ord. 714 § 7, 2012)
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 bee n submi tted. A “co mpleted building permit application” shall mean all required fees, structural plans, site plans, grading p lans and other documents required pursuant to the design review. The building official in consul tation with the community development director city planner shall have a uthority to determine the sufficiency o f the building permit application as complying with the criteria in this section.
B. A design review shall expire upon expiration of a building p ermit 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 c oupled with a tentative tract map or parcel map, the final approving body at its sole d iscretion 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 desi res to be granted an extension of a design review, and the design review is co upled with a tentative tract map or parcel map, the fi nal approving
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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 d esign review must be filed on a form as pr ovided 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 re view commi ttee, planning commission, or city council.
(Ord. 714 § 7, 2012)
9.78.110 Maintenance of site, building and landscaping.
Notwithstanding performance standard s r equired to be met under Chapter 9.86, all improv ements approved for construction based upon the procedures established herein are required to be maintained so as to su bstantially comply with the plans approved for construction. The improvements to be ma intained include, but are not limited to, site improvements, such as parking and walkin g surfaces, drainage control facilities, fences, signs, and lights; building and ac cessory structure improvements, such as paint colors and other finish mater ials, roofi ng materials, mechanical equipment, wi ndows, trellises, canopies, and all architectural features; and landscape improvements, such a s plant type, size and number and all irrigation system components. Any new signage that is installed must have the surround ing area painted and patched to match the existing area.
(Ord. 714 § 7, 2012)
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Chapter 9.80
ACCESSORY STRUCTURES, STRUCTURE HEIGHTS, YARDS, WALLS AND FENCING
Sections:
9.80.010 Purpose and intent.
9.80.020 Accessory structures.
9.80.030 Structure heights.
9.80.040 Lots—Area and dimension.
9.80.050 Yards—General conditions.
9.80.060 Yards—Permitted projections.
9.80.070 Yards—Special conditions.
9.80.080 Swimming pool enclosures.
9.80.090 Corner cut-off areas—Visibility regulations.
9.80.100 Corner cut-off areas—Exceptions.
9.80.110 Corner cut-off areas—Location of end points.
9.80.120 Permitted enclosures.
9.80.130 Storage containers.
9.80.010 Purpose and intent.
The purpose of this chapter is to list general requirements for accessory structures, struc ture heights, yards, walls and fencing which are not provided within the regulations of each zoning district. (Ord. 371 § 4, 1992; Ord. 80 Art. V(L)(1), 1984)
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 without fire-resistive walls shall be at least four five feet from a side or rear lot line. Detached accessory structures with fire-resistive walls shall be permitted at least two feet from a side or rear lot line; provided, however, that any area three fe et or less shall be poured with a minimum of two inches of concrete and finished to provide proper drainage.
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 cor ner lot, and on a reversed corner lot no accessory structure shall be erected closer to the street than th e 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 10 feet ab ove grade if set back from property lines a distance equal to the structure’s height , but no less than 5 feet. Playground equipment and other structures with elevated platforms are limited to a maximum platform height of 5 feet. Structures with elevated pl atforms shall require additional landscape sc reening to restrict views into neighboring residences. Landscape improvements shall include placement of shrubs and trees along the rear and side property lines.
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(Ord. 371 § 4, 1992; Ord. 80 Art. V(L)(2), 1984)
9.80.030 Structure heights.
A. All structur es hereafter erected and existing stru ctures which may be re constructed, altered, moved, maintained, or enlarged shall comply with the height regu lations of the zone in which they may be located. Roof structures for the housing of elevators, stairways, tan ks, ve ntilating fans or similar equipment required to operat e and maintain the building and fire or parapet walls, skylights, to wers, church spires, chimneys, smokestacks, wireless masts or similar structures ma y 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, o r similar structure, whether freestanding or building mounted, may be pe rmitted 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 residenti al zones; sixty feet in commercial or industr ial zones on develo pments 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 h eight 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. 563 § 1, 2002; Ord. 450 § 2, 1997; Ord. 327 § 3, 1991; Ord. 80 Art. V(L)(3), 1984)
9.80.040 Lots—Area and dimension.
A. All buildings hereafter erected and existing bui ldings which may be reconstructed, altered, moved or maintained, or enlarged shall co mply with the area regulations of the zone in which they may be located.
B. The lot area shall be that prescrib ed by this title and shall not be reduced, diminished or mai ntained so that the yard or open spaces are smaller than that prescribed by this title , and the density of popul ation shall not be increased in any man ner, except in conformity with the area regul ations of the zone in which it is located.
C. Every building and structure hereafter erected, and every use hereafter undertaken in any zone, shal l be located and conducted only on a legal lot which has been sur veyed and had mon umentation 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)
9.80.050 Yards—General conditions.
A. Yards shall be measured perpendicu lar to the property line or from a future str eet or hig hway 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 consi dered as providing a yard or other open space for another building on an adjoi ning 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)
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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, subje ct 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 fe et; 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 proje ct into a required front yard not more than four f eet, and may extend into a required side or r ear 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 lan ding places which d o 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 ope nwork 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. 371 § 5, 1992; Ord. 244 § 4, 1989; Ord. 80 Art. V(L)(6), 1984)
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 prescribe d by this title, the key lot front yard may b e the same, but shall in no case be less than twenty feet. In part ially built-up blocks, no front yard need be deeper than the average depth of the front yards n ext 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, perimete r walls up to six feet high may encroach into the setback of a front yard abutting such highway, to within ten feet of t he 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 r emoved 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 min imum side and rear yard setback requirement f or swimming pools shall be five feet.
Swimming pools shall not be permitted in a required front yard. b. Setbacks for pool pump and filter install ations shall be a minimum of ten feet from any pro perty line.
The city planner may reduce the r equired 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 b eyond 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.
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4. Developments with one “O” side yard may be a llowed by conditional use pe rmit in an R1 or R2 zone, provided that appropriate and nece ssary covenants, conditions and res trictions are agreed upon and recorded by the involved property owners.
5. All ground equipment shall be setback a minimum of three feet from the property lines. Generators shall be setback a minimum of ten feet from any pro perty line. The city planner may reduce the r equired 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. 554 § 1, 2001; Ord. 361 § 2, 1992; Ord. 326 § 2, 1991; Ord. 80 Art. V(L)(7), 1984)
9.80.080 Swimming pool enclosures.
Swimming pools for R1 zone p roperties shall be entirely enclosed by buildings, fences, or walls which are not less than five feet i n height at any point, measured immediatel y 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 l evel. All fencing and walls must be in place and a pproved by the building inspector before water shall be allowed in a pool. (Ord. 80 Art. V(L)(8), 1984)
9.80.090 Corner cut-off areas—Visibility regulations.
A. There shall be no parking permitted or verti cal obstructions constructed within corner cut -off areas except as provided in this chapter.
B. The following regulations shall apply to all intersections of streets, al leys, private driv eways and any combination thereof in order to provide adequate visibility for vehicular traffic. (Ord. 80 Art. V(L)(9), 1984)
9.80.100 Corner cut-off areas—Exceptions.
A. Light poles, sign supports, fences, roof ove rhangs, plant material s or other similar stru ctures may be permitted within the corner cut -off area subject t o the approval of the city planner and city engineer; provided however, that:
1. Only one structure or obstruction may be pe rmitted in the corner cut -off area. Such stru cture or obstruction shall not have a hori zontal dimension greater than twelve inches b etween 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 m aterial may be l ocated within the corner cut -off area if no part o f said structure or plant material exceeds three feet in height above the adjacent street, driveway or alley pavement. (Ord. 554 § 1, 2001; Ord. 80 Art. V(L)(10), 1984)
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
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E. On private driveway lines: ten feet.
(Ord. 80 Art. V(L)(11), 1984)
9.80.120 Permitted enclosures.
A. Except for fences required per the zone district regulations, fencing is not required. However, if constructed, fencing within r ear and side yard s shall not exceed six feet in height. The fence may be constructed of any solid or op en material except barbed wire, razor wire , electrified fence , or used materials of any kind. Alternative construction material and various metals and co mposites for wall s and fences may be approved by the city planner planning manager, which decision may be appealed t o the architectural review committee by the applicant. Solid fencing within front yards shall not exceed a height of forty -two inches and sh all be constructed with finish ed 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 r etaining wall, if fence is placed on such a wall.
B. In the case of corner lots where drivew ays 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; p rovided, however, such enclosure shall be loc ated not less than three feet from any side or rear property line; and provided, further, howeve r, that any portion of said enclosure which is higher than six feet shall be co mposed 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 enclosi ng public utility st ations, substations, or other similar facility may be erected at a ny height as required by the California Public Utilities Commission.
(Ord. 814 § 1, 2018; Ord. 244 §§ 5, 6, 1989; Ord. 80 Art. V(L)(12), 1984)
9.80.130 Storage containers.
Storage containers may be allowed by a sp ecial use permit or conditional use permi t 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. 470 § 11, 1998; Ord. 80 Art. V(L)(13), 1984)
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Chapter 9.82
SEXUALLY ORIENTED BUSINESSES
Sections:
9.82.010 Purpose and intent.
9.82.020 Definitions.
9.82.030 Establishment and classification of businesses regulated.
9.82.040 Measurement of distance.
9.82.050 Location of sexually oriented businesses.
9.82.060 Other zoning regulations.
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 cit izens of the city and to establish reasonable and uniform regulations to prevent any delete rious location and concentration of sexually oriented bus inesses within the city, thereby reducing or elimina ting the adverse secondary effects from such sex ually 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 a dults to sexually oriented materials pr otected by the First Amendment, or to deny access by the di stributors 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. 347 § 7; Ord. 80 Art. V(M)(1), 1984)
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. 480 §§ 1, 2, 1998; Ord. 347 § 7; Ord. 80 Art. V(M)(2), 1984)
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 permitt ed, and shall be subject to th e following restrictions. No person shall cause or permit the e stablishment of any of the following sexually orient ed businesses, as defined above, within one thousand feet of another such business or within seven hundred fifty feet of any religious instit ution, school, boys’ club, girls’ club, or sim ilar existing youth organiz ation, 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;
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F. Adult theater;
G. Massage parlor;
H. Sexual encounter establishment;
I. Escort agency; or
J. Nude model studio.
(Ord. 411 § 2, 1995; Ord. 347 § 7; Ord. 80 Art. V(M)(3), 1984)
9.82.040 Measurement of distance.
A. Distance between any two sexually o riented businesses shall be m easured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any sexually or iented business and any rel igious institution, school, boys c lub, girls club, or similar existing youth organization, or public park or public building regularly frequented by children or any properties zoned for residential use, o r 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 i nstitution, p ublic or private elementary o r secondary school, or the nearest boundary o f 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 o ccurs (as related to Section 9.82.050(G), distan ce between any two sex ually 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 pre mises where the sexually oriented busi ness is co nducted, to the channel crossing and then measured from the chan nel crossing to the nearest property line of the premises of any o f 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 co mbined measurements shall be required to meet the applicable separation standard. (Ord. 411 § 2, 1995; Ord. 347 § 7 (part); Ord. 80 Art. V(M)(4), 1984)
9.82.050 Location of sexually oriented businesses.
The city’s zoning title requires that sexually or iented business shall be permitted only in a zone where such uses are specif ically permitted (PCC, CTR, CBP-1, CBP-2 AND I -1 zones, at time of ado ption 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-1, 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 res idential district; (4) a public park adjac ent to any residential district; or (5) a boys’ club, girls’ club, or similar existing youth organization, or a pub lic park or public building reg ularly frequented by children.
C. A person commits a misdemeanor if he ope rates or causes to be operated a sex ually oriented business within one thousand feet of a nother such business, which will include any adult arcade, adu lt book
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store, adult video store, adult cabar et, adult motel, adult motion picture theater, adult theater, mass age parlor or any sexual encounter establishment.
D. A person commits a misdemeanor if he ope rates or causes to be o perated a sexually or iented business within two hundred fifty feet of East Palm Canyon Drive (State Route 111).
E. A person commits a misdem eanor if he causes or permits the operation, establishment, or maintenance of more than one sexually or iented 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 locatio n of a sexually oriented business within a r egional 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 orien ted business will have its only frontage upon enclosed malls or ma lls isolated from direct view from public streets, parks, schools, churches, or residentially zoned property.
G. Nothing in this chapter prohibit s the location of a sexually oriented busines s within any di stance from another sexually oriented business or f rom any other sensitive use as to which l ocation is regulated under subsection B of this section, where the impassab le barrier of the Whitewater River Channel or North Cathedral Channel, sep arates such use from any other such sexually oriented business or other sensitive use as described in subsection B of this section. This e xception does not apply in areas where pedestrian and/or vehicle crossings of the channels occur, thus creating a passable condition. (Ord. 411 § 2, 1995; Ord. 347 § 7 (part); Ord. 80 Art. V(M)(5), 1984)
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 co ntinue f or a five year period with possible e xtensions for extenuating circumstances to be gra nted by the city council only upon a co nvincing showing of extreme fina ncial hardship. Such extensions shall not exceed a total of fi fteen years in addition to the initia l amortization period. A more restrictive amortization period has been found to be val id 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 ope rate is revoked and such revocation covers a period of thirty days or mor e and such rev ocation is not o verturned by a court of competent jurisdiction. Such nonconforming uses, while nonconf orming, shall not be increase d, 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 sex ually oriented business which w as first established and continually opera ting at the particular location is the co nforming use and the later e stablished businesses or bus inesses are nonconforming.
B. A sexually oriented business lawfully opera ting as a confo rming use is not rendered a n onconforming use by the location, subsequent to the grant or r enewal of a sexually oriented business permit and /or license, within one thousa nd feet of the sexually oriented bus iness, or the location subs equent to the grant of a sexually oriented business permit or license, of a church, public or pri vate elementary or secondary school, public park, public building regularly frequented by childr en, or res idential district, within seven hundred fifty feet of the sexually oriented business. This provision a pplies only to the
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renewal of a valid permit and /or license, but this provision does not a pply 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 r equirements 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 quie t enjoyment of residences, schools, churches or parks within seven hu ndred 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 appeara nce 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 orient ed business is conspicuous in relation to oth er 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 an d zoning ordinance of the city; and
4. The relocation will assist in the r esolution 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 redevel opment and standards as set forth by the city in its redeve lopment 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 E xhibit “A” to the ordinance codified in this section. This subsection shall terminate and expire on January 1, 1998, after which it shall be of no f orce 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 or iented 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. 467 § 1, 1997; Ord. 466 § 1, 1997; Ord. 461 § 2, 1997; Ord. 460 § 2, 1997; Ord. 347 § 7 (part); Ord. 80 Art. V(M)(6), 1984)
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Chapter 9.84
RECREATIONAL VEHICLE PARKS
Sections:
9.84.010 Purpose.
9.84.020 Permitted zone districts.
9.84.030 Permitted uses.
9.84.050 Prohibited uses.
9.84.060 Accessory structures.
9.84.070 Prohibited accessory structures.
9.84.090 Density.
9.84.100 Area of parks and lots.
9.84.110 Frontage of parks and lots.
9.84.120 Yards and setbacks.
9.84.130 Landscaping.
9.84.140 Common recreation area.
9.84.150 Perimeter screening.
9.84.160 Lighting.
9.84.170 Improvement of lots and coverage.
9.84.180 Automobile parking.
9.84.190 Vehicular access.
9.84.210 Outdoor storage.
9.84.220 Trash removal.
9.84.240 Utilities.
9.84.250 Movement of recreational vehicles.
9.84.260 Subdivision of lots.
9.84.270 Recreational vehicle campgrounds.
9.84.280 Existing recreational vehicle parks and campgrounds.
9.84.290 Existing travel trailer parks.
9.84.300 Conflicts with zone district requirements.
9.84.010 Purpose.
This chapte r is to define various types of re creational 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 adjo ining properties while allowin g a diversity of uses. Furthermore, these provisions provide for the co ntinuance of ex isting travel trailer parks a nd recreational vehicle parks not in compliance with this code.
(Ord. 187 § 11, 1987; Ord. 80 Art. V(N)(1), 1984)
9.84.020 Permitted zone districts.
A. A recreational vehicle park is permitted in the Resort Residential (“RR”) and Commercial Tourist & Recreational (“CTR”) districts by an approved con ditional use permit. Such a use is not permitted in any other district.
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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 permi tted to exist in the city of Cathedral City as a legal nonconforming use, as that term is d efined in the zoning regul ations of the Cathedral City Municipal Code.
(Ord. 560 § 2, 2002; Ord. 187 § 11, 1987; Ord. 80 Art. V(N)(2), 1984)
9.84.030 Permitted uses.
A. Use provisions applicable to all Recreational Vehicle Parks.
1. Placement of recreational vehicles for no npermanent residency. Note: per city definition a re creational 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, pr ovided this use is fully containe d 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 vehicl e campgrounds as an anci llary use to a recreational vehicle park in sp ecifically designated areas. See Section 9.84.270 for development and operational regulations.
5. Office space that is utilized solely for park o perations including, but not limited to, use for the sales and/or rentals of lots within a recreational vehicle park.
6. Similar Uses. The planning commissi on may, by the conditional use permit a pproval, permit any other uses which it may determine to be similar to t hose listed above, operated ex clusively for the convenience of recreational vehicle park residents, and not more obn oxious or detrimental to the public health, safety and welfare, or to other uses permitted in the park, as provided in this code. All uses s hall be subject to the property development standards contained herein.
B. Rental Parks. Additional uses applicable to rental recreational vehicl e parks: placement of park trailers in lots specifically designed for such units.
C. Ownership/Membership Parks . Additional uses applicable t o ownership/membership re creational vehicle parks: no additional uses. Note: placement of park trailers in lots spe cifically 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. 560 §§ 3—5, 2002; Ord. 187 § 11, 1987; Ord. 80 Art. V(N)(3), 1984)
9.84.050 Prohibited uses.
A. Permanent Residency. Except for park ma nagement 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 w ay, directly or indirectly, fo r any bus iness, 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. 560 § 7, 2002; Ord. 187 § 11, 1987; Ord. 80 Art. V(N)(5), 1984)
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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 a nd 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 b e the same as pr ovided in the R l -7.2 residential district. The minimum site area requirement for this res idence 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 o ccupants of the park and their guests, such as swimmin g 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 facil ities. 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 dime nsions of ten feet in width, ni ne feet in depth and seven fe et 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.
D. Extended Occupancy Parks.
1. Patio covers provided that:
a. The patio cover is self -supporting and not permanently attached to a recre ational vehic le. However, patio covers may be attached to park trailers.
b. Patio covers shall not exceed an area of five hundred forty square feet. c. Automobile parking is permitted under the patio cover.
2. Storage structures, provided that:
a. The storage structure s are similar in design, styl e and building mat erials to other such struct ures or approved design themes in the park.
b. There is a maximum of one storage structure per recreational vehicle lot.
3. Decking no higher than the height of the threshold of the doorway to the recreational v ehicle or park trailer.
(Ord. 560 §§ 8—11, 2002; Ord. 187 § 11, 1987; Ord. 80 Art. V(N)(6), 1984)
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. 560 § 12, 2002; Ord. 187 § 11, 1987; Ord. 80 Art. V(N)(7), 1984)
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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. 187 § 11, 1987; Ord. 80 Art. V(N)(9), 1984)
9.84.100 Area of parks and lots.
A. Park Area. E ach recreational vehicle park shall have a minimum of ten acres measured f rom the property lines of the park.
B. Rental Park. Minimum area of recreational vehicle lot shall be two thousand sq. ft.
C. Ownership/Membership Park. Minimum area of recreational vehicle lot shall be two thousand sq. ft.
D. Extended Occupancy Park. Minimum area of each recreational vehicle lot shall be two thousand sq. ft.
E. Existing Ownership/Me mbership Park. In ownership/membership parks existing at the time of the adoption of these regulations, no park tra ilers shall be placed on a recreational vehic le lot less than one thousand five hundred sq. ft. in area.
(Ord. 560 § 14, 2002; Ord. 187 § 11, 1987; Ord. 80 Art. V(N)(10), 1984)
9.84.110 Frontage of parks and lots.
A. Park Frontage. Each recreational vehicle park shall have a minimum frontage on a pu blic street of three hundred feet.
B. Rental Park. The frontage of a recreational v ehicle lot sh all be a minimum of forty feet on a road way.
C. Ownership/Membership Park. The fron tage 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. 187 § 11, 1987; Ord. 80 Art. V(N)(11), 1984)
9.84.120 Yards and setbacks.
A. Minimum Yards of the Park. Setbacks in which no recreational vehicle lot or accessory stru ctures except for fences are to be located:
1. Front yard: twenty-five feet.
2. Interior yard: ten feet.
B. Setbacks. The body of any recre ational vehicle, park trailer or structure, except seat walls, may not be placed within three feet of a roa dway, rear lot line or one of the side lot lines. However, stor age 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 requ ired 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 b etween the body of any recreational vehicle, including slide outs, or park trailer and any other recre ational vehicle, including slide outs, or park trailer shall be ten feet. (Ord. 560 § 15, 2002; Ord. 187 § 11, 1987; Ord. 80 Art. V(N)(12), 1984)
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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 r equired yards, except entry roads crossing through said yards.
B. Common Areas. All common op en areas, e xcept for natural areas, shall be landscaped and irr igated whenever possible.
C. Landscape Materials. Drought tolerant lan dscaping shall be utilized whenever p ossible to minimize water usage. Turf may be utilized with a desert plant palette for variety, ho wever; six inch co ncrete 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 ou tdoor patio area. (Ord. 560 § 16, 2002; Ord. 187 § 11, 1987; Ord. 80 Art. V(N)(13), 1984)
9.84.140 Common recreation area.
Common recreation area shall be required for all recreational v ehicle parks. The recreation a rea may contain social halls, swimming pools, game courts, open areas, and/or other si milar recreational facilities or uses. Open areas may be either d esigned for active or passive recreation, provided that the slope of the la nd 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. 560 § 17, 2002; Ord. 187 § 11, 1987; Ord. 80 Art. V(N)(14), 1984)
9.84.150 Perimeter screening.
A perimeter screen of dense living plant mat erial that shall grow to at least six feet in height shall be maintained around the perimeter of any recre ational 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 th e safety of vehicles entering and leaving the premises. R equirements of this section may by modi fied by the planning commission if a project presents specific circumstances that woul d prohibit compliance with th is regulation. (Ord. 560 § 18, 2002; Ord. 187 § 11, 1987; Ord. 80 Art. V(N)(15), 1984)
9.84.160 Lighting.
A. Lighting shall be indirect, hoo ded and pos itioned so as to reflect onto the roadway and away from the recreational vehicle lot and adjoining property.
B. Lighting standards shall not exceed t en feet in height. The height of all light standards shall be measured from the elevation of the adjoining pavement of the roadway. Lighting sta ndards in recreational areas may be higher than ten feet if specifically approved by the planning commission.
C. Exterior lighting shall be consistent with Chapter 9.89 “Outdoor Lighting Standards” of this code. (Ord. 602 § 2, 2005; Ord. 187 § 11, 1987; Ord. 80 Art. V(N)(16), 1984)
9.84.170 Improvement of lots and coverage.
All recreational vehicle lots shall cont ain paved areas for automobile parking, outdoor patio and for the parking of the recreational ve hicle 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,
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gravel, or any other material that i s nonpermeable. This coverage requirement does not apply to landscape areas and/or materials such as decomposed gran ite, decorative rock or loose pavers. Asphalt is not permissible on individual lots. (Ord. 560 § 19, 2002; Ord. 187 § 11, 1987; Ord. 80 Art. V(N)(17), 1984)
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 recre ational veh icle 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. 187 § 11, 1987; Ord. 80 Art. V(N)(18), 1984)
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 roa dways shall be designed and constructed in co nformance with all applicable codes and regulations, including, but not limited to, the Uniform Building Code and the Uniform Fire Code. (Ord. 560 § 20, 2002; Ord. 187 § 11, 1987; Ord. 80 Art. V(N)(19), 1984)
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 designa ted on the a pproved plans. (Ord. 560 § 22, 2002; Ord. 187 § 11, 1987; Ord. 80 Art. V(N)(21), 1984)
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 ty pe of trash collection facilities; location, size, and number of trash recept acles; and frequency of removal. Trash collection areas shall be fully screened and inaccessible to animals. (Ord. 187 § 11, 1987; Ord. 80 Art. V(N)(22), 1984)
9.84.240 Utilities.
A. Electrical service. Only one power supply co nnection 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.
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C. Sewer service. Recreational vehicle parks shall be connected to sanitary sewer facilities. Ea ch 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. 560 §§ 24 and 25, 2002; Ord. 187 § 11, 1987; Ord. 80 Art. V(N)(24), 1984)
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” o f 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. 187 § 11, 1987; Ord. 80 Art. V(N)(25), 1984)
9.84.260 Subdivision of lots.
Subdivision to create recrea tional vehicle lots for sale o r long -term lease is permitted within ownership/membership or extended occupancy recreational vehicle parks subject to all applicable codes. (Ord. 187 § 11, 1987; Ord. 80 Art. V(N)(26), 1984)
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 hu ndred 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. 187 § 11, 1987; Ord. 80 Art. V(N)(27), 1984)
9.84.280 Existing recreational vehicle parks and campgrounds.
A. Classifications. As of October 1 6, 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 t hese facilities were approved prior to later code amendments, the classifi cations as defined herein were not operable at time of approval.
Therefore, the following establishes the classifications for the existing parks:
1. Rental Parks.
a. De Anza Palm Spr ings Oasis Recreational V ehicle Resort (as part of the Mobile Home Park),3 6-100 Date Palm Drive, CUP 1019 (Riverside Co.).
b. Royal Palms Re creational Vehicle Park (as pa rt of the Mobile Home Park), 34 -851 Date Palm Drive, CUP 1880E.
2. Ownership/Membership Parks.
a. Outdoor Resorts, 69-411 Ramon Road, CUP 3-017, Tract Map 19355.
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b. Desert Shadows Recreational Vehicle Resort, Phase 2, 69 -801 R amon Road, CUP 3 -015, Tract Ma p 19340.
3. Extended Occupancy Parks.
a. Desert Shadows Recreational Vehicle Resort, P hase 1, 69 -801 Ramon Road, CU P 3 -015,Tract Map 19340.
b. Sungate Country, 69-333 East Palm Canyon Drive, CUP 2175-E.
4. Recreational Vehicle Campgrounds.
a. Palms RV Resort, 35-091 Cathedral Canyon Drive, CUP 1073 (Riverside Co.).
B. Nonconforming. Where t he use, structure, o peration or any facility of the above parks and indivi dual lots contained therein does not co nform to the regul ations of this code, it shall be consid ered lawfully existing nonconforming and shall be allowed to continue. However, any ne w use, structure or facility must meet the requirements of this code, except where specifically stated otherwise.
C. Converting to other Cla ssification. When an existing recreational vehicle park or recre ational vehicle campground as classified herein requ ests reclassification to anot her classification, an application for a conditional use pe rmit shall be made to the planning commission as pro vided in this code. All requirements of the requested classification shall be met. (Ord. 187 § 11, 1987; Ord. 80 Art. V(N)(28), 1984)
9.84.290 Existing travel trailer parks.
All other recr eational vehicle parks, areas in mobile home parks designated for recreational vehicles, trailer courts and other uses containing re creational vehicles and travel trailers are, for t he purposes of this code, considered travel trailer parks. Existing travel trailer parks shall not be expanded in area. However, the placing of recre ational vehicles and park trailers and accessory structures is permitted provided all applicable building codes are met.
(Ord. 187 § 11, 1987; Ord. 80 Art. V(N)(29), 1984)
9.84.300 Conflicts with zone district requirements.
Where the provisions of this chapter are in conflic t with any other provision of the zoning code, the provisions of this chapter shall go vern. Where the provisions of this chapter are silent on a matter, other provisions of the zone code shall govern.
(Ord. 187 § 11, 1987; Ord. 80 Art. V(N)(30), 1984)
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Chapter 9.86
PERFORMANCE STANDARDS
Sections:
9.86.010 Purpose and intent.
9.86.020 Class A.
9.86.030 Class B.
9.86.040 Class C.
9.86.010 Purpose and intent.
These performance standards shall be applied as described in this c hapter to provide protection t o adjoining uses.
A. Class A performance standards are the most restrictive of the per formance standards. They appl y to business park zones (CBP-1 and CBP-2).
B. Class B performance standards are intended to provide for a broa d 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. 263 § 10, 1989; Ord. 80 Art. V(O)(1), 1984)
9.86.020 Class A.
It is the intent of the standards of this section to ensure a high quality working environment and available s ites for industrial and busin ess firms whose functional and economic needs require pr otection 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 a n 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 additio n to compliance with the air pollution contro l 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. A11 us es shall be operated so as no t to produce humidity, heat, glare, or high-intensity illumination which is perceptible wit hout instruments by the average person while on or beyond the lot containing the use.
(Ord. 791 § 1, 2017; Ord. 263 § 10, 1989; Ord. 80 Art. V(O)(2), 1984)
9.86.030 Class B.
It is the intent of the standards of this section to provide for uses whose operational needs may pr oduce noise, vibration, partic ulate matter, and air co ntaminants, odors, or humidity, heat, and glare which cannot
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be mitigated sufficiently to m eet 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 u se shall not exceed the level s esta blished by Municipal Code Chapter 11.96.
B. Vibration. All uses shall be so operated as not to generate v ibration discernible without i nstruments by the average person while on or beyond the lot upon which the source is l ocated 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 Contam inants. In addition to compli ance with the air pollution control authorities’ standards, all uses shall be operated so as not to emit partic ulate matter or air contam inants which are readily detectable without instruments by the average person b eyond any l ot 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 wit hout instruments by the average person beyond t he lot line of any lot containing such uses.
(Ord. 791 § 1, 2017; Ord. 263 § 10, 1989; Ord. 80 Art. V(O)(3), 1984)
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 ne cessary to protect the welfare, attractiveness, and character of the community.
A standard of maintenance guards against u nsafe and unhealt hful conditions which can caus e neighborhood deterioration. Changes to paint co lors and all other aspects of a facad e must be r eviewed and approved by the planning division staff.
A. Maintenance of Buildings. Buildings, inclu ding accessory structures, trel lises, awnings, and other similar features, shall be maintained in a condition free of the following abuses i ncluding, but not limited to: loose roofing and siding materials, unconcealed roof equipment, peeling paint or faded stain, broken or cracked windo ws, any unsafe structural elem ent or other items which would degrade the appearance and/or safety of the structure.
B. Maintenance of Site Improv ements. 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 park ing lot striping, pa ving materials (including walkways) which provide a sm ooth, unbroken su rface, unbroken curbs and gutters, litter -free tr ash 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 p otential health dangers, lighting, signs, bic ycle racks, internal traffic control items such as speed bumps, and drainage control items which are maintained in safe repair.
C. Maintenance of Landscaping. Landscaping i mprovements shall be maintained in a he althy 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 unifor m in their a ppearance, and shrubs and trees which are trimmed and pruned to retain their health and adequate clearance over pedestrian and vehic ular areas. Landscaping incorporating bare earth or gravel shall be kept free of
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weed growth. Plant mat erials de signated on a landscape plan shall be retained in their natural sh ape unless otherwise denoted on the approved plan.
D. Maintenance of Irrigation Systems. Irrigation sy stems shall pr ovide adequate irrigation to all plant materials to allow normal growth, r etain 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 e nsure proper maintenance of pr operties inclu ding mai ntenance standards established through desig n review, conditional use permit, or variance.
F. Trash Removal. All properties, including v acant properties, shall be kept free of trash, buildi ng materials or the storage of other goods wh ich are visible from the street or a djacent prope rties.
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 co ntainers. At all times the trash storage area and containers shall be maintained in a clean, san itary and safe manner. The tras h 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 stor age area except during the day of contracted trash removal.
H. Occupancy. The maximum occupancy in any dwelling unit shall not exceed the fol lowing 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. 776 § 18, 2016; Ord. 470 § 12, 1998; Ord. 263 § 10, 1989; Ord. 80 Art. V(O)(3), 1984)
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Chapter 9.88
SCREENING OF OUTDOOR STORAGE AND TRASH ENCLOSURES
9.88.010 Purpose.
The purpose of this chapter is to provide fo r fences, hedges and walls in other than R -1 zones, for the purpose of protecting persons agains t ha zardous conditions, and safeguarding the public we lfare by preventing unsightly ou tdoor storage of materials, e quipment and products that devalue the neighb orhood and community.
(Ord. 80 Art. V(P)(l), 1984)
9.88.020 Trash enclosure requirements.
A tr ash enclosure as specified herein shall be provided for all multi -family, office, inst itutional, 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 other wise screened from pu blic vie w by walls, fences, buildings or planting. Containers of twelve cubic yards or more or compa ctors 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 co ntain and obscure from view refuse containers, discarded boxes and other m aterials required to be screened by this div ision.
Minimum constru ction standards shall be d etermined by design review and sound construction methods; provided that the enclosure sha ll be of adequate size, and s hall be properly located for functional use by the user and the disposal company, and the co ntents shall be o bscured from view on all sides a nd such enclosure shall be built of approved materials compatible with buildings, wall s, and surroundings (no wood or chain link except for gates, and no planting). (Ord. 80 Art. V(P)(2), 1984)
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 arch itectural 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 undeve loped property, the need for fen ces, hedges or walls shall be a part of the subdivision and/or design revi ew proceedings, and may be r equired for the health and safety of occupants of the property invol ved or the general public. Mobile home parks shall be screened Screen walls shall separate apartment projects from single-family zoned property.
C. Where otherw ise permissible in comme rcial and manufacturing zones, outdoor dis play 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 commerc ial zones shall be restricted to areas allowed by design r eview as compatible with adjoining pro perties 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)
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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)
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 notificat ion has been provided of the provisions of this chapter related to trash e nclosure requirements shall be provided thirty days from the issua nce of said notice in which to submit plans to the city for a building permit to construct a co nforming trash enclosure. Construction of a confor ming trash enclosure shall be completed withi n thirty days of the date of issuance of said building permit. If the property cannot accommodat e 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 d ate 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 re quired 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 remode ling or additions with a valuation of three thousand dollars or more, the required screening may be a part of the required improvements. (Ord. 555 § 4, 2002; Ord. 80 Art. V(P)(5), 1984)
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)
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Chapter 9.89
OUTDOOR LIGHTING STANDARDS
Sections:
9.89.010 Intent and purpose.
9.89.020 Applicability.
9.89.030 Alternative materials and methods of installation.
9.89.040 Definitions.
9.89.050 General requirements.
9.89.060 Prohibited lighting.
9.89.070 Procedures for compliance.
9.89.080 Exemptions.
9.89.090 Special temporary exemptions.
9.89.100 Display lighting use.
9.89.110 Off-street parking lighting standards.
9.89.120 Public nuisance.
9.89.130 Infraction violation.
9.89.140 Civil fines.
9.89.150 Administrative citation.
9.89.160 Administrative fine.
9.89.170 Modification, suspension and/or revocation of validly issued city permit and/or city license.
9.89.180 Additional penalties.
9.89.010 Intent and purpose.
This chapter is in tended to provide standards for outdoor lighting so as to maintain ambient lighting levels as lo w as possible in order to e nhance the city’s community character and charm and maintai n dark skies; provide for good visibility while maintaining minimum glare and spillage onto other properties or into the sky; and maintain s afety, utility, security and p roductivity while e nhancing nighttime enjoyment of property and the night skies. (Ord. 602 § 1, 2005)
9.89.020 Applicability.
All outdoor artificial lighting devices shall be installed and operated in accordance with the pr ovisions of this chapter, and a ny 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)
9.89.030 Alternative materials and methods of installation.
The provisions of t his chapter are not intended to prevent the use of any material or method of installation not specifically prescrib ed by this chapter pr ovided any such alternat ive 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 equival ent to the pr otection specified in this chapter; and
B. The proposed alternative method must othe rwise comply with the intent of this chapte r. (Ord. 602 § 1 , 2005)
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9.89.040 Definitions.
For the purposes of this section, certain terms are defined as follows:
“Display lighting” means a beam of light projected into the sky. “Individual” means any private individual, te nant, lessee, owner, or any commercial entity includin g, but not limited to, companies, partnerships, joint ventures or corporations. “Installed” means the initial inst allation of ou tdoor light fixtures, as define d in this section, fo llowing the effective date of this chapter.
“Outdoor lighting fixture” mea ns outdoor art ificial 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:
1. Buildings and structures;
2. Recreational areas;
3. Parking lot lighting;
4. Landscape lighting;
5. Billboards and signs;
6. Street lighting;
7. General area and yard lighting. (Ord. 602 § 1, 2005)
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 emi tted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a hor izontal plane running through the lowest point on the fixture where light is emi tted, thus preventing the emission of light above the horizontal.
2. “Partially shielded” means the fixture shall be shielded in such a manner that the bot tom edge of the shield is bel ow the plane centerline of the light source ( lamp), minimizing the emi ssion of light rays above the horizontal.
B. Filtration. Those outdoor light fixtures requi ring 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 requirem ents for shielding and filteri ng light emission from outdoor light fixtures shall be as set forth in Table A.
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Table A
Requirements for Shielding and Filtering of Outdoor Lighting
Fixture Lamp Type Shielding Requirement Filtering Requirement Low pressure sodium 1 Partially Fully None 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 None Partially None 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 afte r eleven p.m. (or after clo sing 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)
9.89.060 Prohibited lighting.
A. Outdoor Building/Landscaping Illumin ation. The unshielded ou tdoor illumination of any building, landscaping, signing, or other pu rpose is pr ohibited except with incandescent fixtures less than one hundred sixty watts, fossil fuels and/or glass tubes (see Table A).
B. New Mercury Vapor Installations. The insta llation of mercury vapor fixtures is prohibited. All existing mercury vapor lights installed shall be fully shielded.
C. Illuminated Awnings. The use of lighting i nside a transparent or translucent ground or wa ll mounted awning is prohibited. (Ord. 602 § 1, 2005)
9.89.070 Procedures for compliance.
A. Applications.
1. Any individual intending to install outdoor lighting fixtures (other than incande scent 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 ligh ting fixtures (other than incandescent lights of one hundred six ty watts or less) shall, as a part of the applicatio n, submit such evidence as may be requested to assure that the proposed work complies with this chapter.
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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 ap plication shall contain, but shall not necessarily b e limited to, the following:
1. Plans indicating the location on the pre mises, the hei ght of th e supports and fixtures, and the type of illuminating devices, fixtures, lamps, supports and other devices.
2. Description of the illuminating devices, fi xtures, lamps, supports, shielding, filtering and other devices.
This description may include but is not limited to, wattage, lighting output, manu facturer’s catalog cuts and drawings (including sections where required).
3. The above required plans and descriptio ns shall be sufficiently complete to enable the city planner to readily determine whet her compliance with the requirements of this cha pter w ill be secured. If such plans and descriptions cannot enable thi s ready determination, by reason of the nature or co nfiguration of the devices, fixtures or lamps proposed, the appl icant shall submit evi dence of compliance by certified test reports as performed by a recognized testing lab.
C. Issuance of a Permit. Upon the determin ation that the installation will be in c ompliance 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 Perm it. Should the appl icant desire to substitute outdoo r light fixtures or lamps after a permit has been issued, the a pplicant must submit al l changes to the city planner for a pproval. Such application for amendment shall contain ad equate information to assur e compliance with this chapter. (Ord. 602 § 1, 2005)
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 noncon forming structures provided that no change in use, r eplacement, structural alter ation, or restoration of outdoor light fixtures, other tha n bulb replacement, is made unless such change conforms to the regulations of this chapter.
B. Fossil Fuel Light. Ligh t fixtures using fossil fuel (i.e., light produced d irectly or indirectly from the combustion of natural gas or other utility type fossil fuel) are exempt from the r equirements of this chapter.
C. Government Facilities. Those facilities and lands owned and operated or protected by the fe deral government, the state of California, the county of Riverside, the Palm Springs Unified School Distri ct or the city and each of its p olitical subdivisions are exempted from all r equirements of this chapter.
Voluntary compliance with the intent of this chapter at those facilities is encouraged.
D. Recreational Facilities. The illumination of outdoor recrea tional facilities, public and private, is exempt from the requirements of this section with the following limitations:
1. The light fixtures for outdoor recreational f acilities shall meet the shielding requirements in T able 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).
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2. Existing and future automobile deale rships, selling new vehicles, with frontage on East Palm Canyon Drive.
However, new dealerships and new o utdoor lighting fixtures installed within existing deale rships shall comply with the shielding and filtering requir ements 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)
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 requir ements of this chapter to the city planner. Such exemptions shall not be valid for more than thirty days. The request for a special temp orary 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 co nforming fixtures that will otherwise suffice. The city planner may request any additional information which would enable him to make a reaso nable evaluation of the request for a special temp orary exemption. (Ord. 602 § 1 , 2005)
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 co mmencement 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 Agenc y, if req uired, 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 dis played 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)
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9.89.110 Off-street parking lighting standards.
Parking areas sh all have lighting capable of pr oviding adequa te illumination for security and safety consistent with all outdoor lighting standards of the city, including, witho ut limitation, those set forth in this chapter. The minimum requirement for adequate i llumination is one foot candle, mai ntained across the surface of the parking area. Ligh ting shall be in scale with the height and use of the surrounding structures.
Light poles and other sim ilar free standing structures used to house outdoor lighting in of f-street parking facilities shall not e xceed eighteen feet in height. Any illumination, i ncluding security lighting, s hall be directed away from adjoining properties and public rights-of-way. (Ord. 602 § 1, 2005)
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 pe rson responsible for committing, causing o r maintaining such violations shall constitute a pub lic nuisance which shall be subject to the provisions of Chapter 13.80. (Ord. 602 § 1, 2005)
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 chap ter by any pe rson responsible for committing, causin g or mai ntaining 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)
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 do llars for a first conviction of an o ffense; (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 t he first offense; and (c) a fine in an amount not to exceed seve n 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)
9.89.150 Administrative citation.
In lieu of issuing an infraction citation, t he city m ay issue an administrative citation, pursuant to Chapter 13.59, to any person responsible for co mmitting, cau sing or maintaining a violation of Se ction
9.89.050, 9.89.060, 9.89.070 D or 9.89.110 of this chapter. Nothing in this section shall precl ude the c ity from also issuing an infraction citation upon the occurrence of the same offense on a separate day. (Ord. 602 § 1, 2005)
9.89.160 Administrative fine.
Any person issued an administrative citation for violating Section 9.89.050, 9.89.060, 9.8 9.070 D o r
9.89.110 of this chapter shall for each sep arate viol ation 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 d ollars for a second citation issued for the same offen se within a twelve -month period of the date of the first o ffense; and (c) a fine in an amount not to exceed five hun dred 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)
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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 thi s 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 pu rsuant to the provisions set forth in Chapter 13.150. (Ord. 602 § 1, 2005)
9.89.180 Additional penalties.
Nothing in this chapter shall preclude the cit y 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)
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Chapter 9.90
CONDOMINIUM CONVERSIONS
Section:
9.90.010 Compliance required.
9.90.010 Compliance required.
A subdivision involving prospective conve rsion of one or more existing structures into cond ominiums (including a community apartment project or stock cooperative, as referred to in Government Code Se ction 66424) shall be appro ved only if the proposed condominium use of the property will be in confo rmity with the general plan, and each such structure if newly const ructed as of the date of map approval could be lawfully so constructed per the applicable zoning regulations, buildi ng codes, and fire safety codes. In order to assure compliance with these reg ulations and to en able the attaching of conditions to ensure pr oject compatibility with neighboring and surrounding uses, a con ditional use permit shall be required in accordance with Chapter 9.90 for any such condominium conversion project. (Ord. 80 Art. V(Q), 1984)
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Chapter 9.92
TIME-SHARE USE OR OCCUPANCY OF LAND
Sections:
9.92.010 Definition.
9.92.020 Zones in which permitted—Conditional use permit required.
9.92.030 Application for time-share project approval.
9.92.040 Transient occupancy tax applicable.
9.92.050 Time-share conditional use permit.
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 S ection 3.24.020 of this code, into twelve or more time periods of such rights or entitlements. (Ord. 80 Art. V(S)(1), 1984)
9.92.020 Zones in which permitted—Conditional use permit required.
A time-share project shall be permissible only in such zones an d 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 co ndominium 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)
9.92.030 Application for time-share project approval.
An applicant for approval of a proposed t ime-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. 554 § 1, 2001; Ord. 80 Art. V(S)(3), 1984)
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)
9.92.050 Time-share conditional use permit.
In addition to other consider ations of a conditional use permit for a time -share project, the fo llowing shall apply:
A. In the event an existing co ndominium project is proposed to be converted to a w hole or pa rtial time- share project, a verified description or statement of the number and perce ntage of the current condominium owners desiring or consenting to the proposed conversion of some or all of t he 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 witnes s) or by r eceipted certified U.S. Mail, that applica tion to so co nvert the project would be submitted to the commission.
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B. The commission may approve or deny an application for conditional use permit for a time-share project, in accordance with the genera l provisions regarding findings and conditions in Ch apter 9.92. No application shall be approved unless, among other considerations, it appears that more than fifty percent of the owners of co ndominium units (not including those owned by the applicant and/ or the developer or any person or entity affil iated 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, peac e and welfare. Each use permit shall be issued with a condition a ttached that no time -share rights or entitlements shall be sold or offered for sale unless, at such time, there then exists a valid final s ubdivision public report for the sale of such time -share rights or entitlements, issued by the Depar tment of Real Estate of the State of C alifornia. In determining whether, and under what cond itions 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 regul ations and the general plan, a nd reasonable cond itions to eliminate same;
4. Nonconformity with existing uniform building and fire codes and reasonable conditions to el iminate 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 f uture adequacy, stability a nd contin uity of a sa tisfactory level of management an d maint enance of the time -share project;
9. The desirability of requiring an office of the ma naging agent or agency be located locally or on -site, as appropriate;
10. Any other factors deemed relevant a nd any ot her information which the commission or the a pplicant considers necessary or desirable to an appropriate and proper consideration of the application. (Ord. 80 Art. V(S)(5), 1984)
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Chapter 9.94
PLANNED UNIT DEVELOPMENT
Sections:
9.94.010 Intent and purpose.
9.94.020 Definition.
9.94.030 Scope.
9.94.040 Permitted uses.
9.94.050 Mixed uses.
9.94.060 Application.
9.94.070 Processing.
9.94.080 Combined proceedings.
9.94.090 Permit to show reservation for open space.
9.94.100 Design criteria.
9.94.110 Development standards.
9.94.120 Failure to utilize planned unit development permit.
9.94.130 Extension of time.
9.94.140 Amendments.
9.94.150 Final map.
9.94.160 Final planned unit development plan.
9.94.170 Maintenance.
9.94.180 Failure to maintain.
9.94.010 Intent and purpose.
The intent and purpose of the planned unit development regulations are to:
A. Facilitate c omprehensively planned develo pment of areas in accor dance with applicable general and specific plans;
B. Encourage imaginative and innovat ive pla nning of residential neighborhoods and co mmercial and industrial areas by offering a wide variety of dwelling u nits and building types and site arrangements with well-integrated community facilities and services; C. Relate the project to the surroun ding area and the topography and other natural charact eristics 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. 262 § 4, 1989; Ord. 80 Art. V(S)(1), 1984)
9.94.020 Definition.
A “planne d unit development” (PUD) is a pr oject improved in a ccordance with a comprehensive development plan in which owners of separately owned lo ts are owners in common, possessing appurtenant rights to the beneficial use and enjo yment of the commonly owned prope rty, further defined as a planned development in Subsection (k) of Section 1351 of the State Civil Code and characterized by the following:
A. The subdivision of lots for individual sale withi n a larger parcel that is comprehensively planned and includes commonly owned lot(s) and common maintenance responsibilities;
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B. 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; C. The right to use and enjoy any privately own ed common areas and recreational facilities pr ovided on the site of the planned unit d evelopment shall be co upled with several interests of the owners of separately owned lots, parcels or areas;
D. Imaginative planning and design is used to relate the deve lopment to the site and the su rrounding area by the modification of the requirements of the underlying zone to accommodate the project as approved. (Ord. 262 § 4, 1989; Ord. 80 Art. V(S)(2), 1984)
9.94.030 Scope.
The procedures in this chapter shall be used for planned unit development projects in all zone districts. (Ord. 262 § 4, 1989; Ord. 80 Art. V(S)(3), 1984)
9.94.040 Permitted uses.
Any permitted use, accessory use, or cond itional use permitted in the underlying zone is pe rmitted in a PUD.
(Ord. 262 § 4, 1989; Ord. 80 Art. V(S)(4), 1984)
9.94.050 Mixed uses.
Residential dwellings may be permitted within the various commercial zones in conjunction with uses such as retail, professional and perso nal 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 deve lopment requirements of each land use as required within this chapter are met.
(Ord. 262 § 4, 1989; Ord. 80 Art. V(S)(5), 1984)
9.94.060 Application.
A. An application for a PUD may be made by t he record owner or owners of the property on which the development is proposed. The a pplication shall be filed with the city planner upon forms provided by the department and shall state fully the reaso ns a PUD is a proper method to develop the property an d 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 applica tion shall be accompanied by dra wings indicating the design of the proposed buildings, landscape plan, and building elev ations and cross s ections of any proposed gra ding. Applications for a project including lot sales or future custom building pr ograms may , with the exception of grading, exclude such drawin gs for the lot sale or custom areas pr ovided a text is submitted co ntaining limitations and building development criteria of those d evelopment 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 re creational 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.
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G. The application shall be accompanie d by a topographic map indicating present grade and proposed changes, and typical cross sections of the project su fficient to show the proposed method of developing the site.
(Ord. 554 § 1, 2001; Ord. 262 § 4, 1989; Ord. 80 Art. V(S)(6), 1984)
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. T he PUD sh all accompany the tentative tract map to planning commission the city council who shall have final action on both items. (Ord. 262 § 4, 1989; Ord. 80 Art. V(S)(7), 1984)
9.94.080 Combined proceedings.
All proceedings with regard to the tentative map subm itted 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. 262 § 4, 1989; Ord. 80 Art. V(S)(8), 1984)
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 city council may require the tentative map submitted with the application to also show the open space as an easement. If comm on open spaces are reserved in accordance with the provisions of this section, approval of the tent ative map shall be conditioned upon the city bei ng granted an easement in a form acceptable t o the city, limiting the future use of common open spaces and pr eserving them as open spaces.
(Ord. 262 § 4, 1989; Ord. 80 Art. V(S)(9), 1984)
9.94.100 Design criteria.
The PUD shall observe the following design criteria:
A. The overall plan shall be com prehensive, e mbracing land, buildings, landscaping and their interrelationships.
B. The plan shall provide for adequate open space, circulation, off-street parking, recreational facilities and other pertinent am enities as related to the intended use and in tensity 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 prope rties. It shall not co nstitute a disruptive element to the neighborhood or community.
D. The internal street system shall not be a dom inant feature in the overal l design, rather it should be designed for the efficient and safe flow of vehicles without creatin g 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 develo pment and within the neighborhood and community shall be obtained so far as practicable.
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(Ord. 262 § 4, 1989; Ord. 80 Art. V(S)(10), 1984)
9.94.110 Development standards.
In addition to the general provisions of this t itle, the requirements of the underlying zones, unle ss modified herein, a PUD shall comply with the following standards:
A. Density. The n umber of dwelling units in a PUD s hall not exceed the density permitted in the underlying zone, except where density transfers have been previously approved by city counc il 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 pr ivate 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 residen tial zones, the number of dwel ling units permitted in the develo pment shall be the sum of the dwelling units permi tted in each of the residential zones. Within a PUD, the permi tted number of dwelling units may b e distributed without regard to the underlying zoning.
B. Lot Dimensions. The minimum size parcel containing the PUD shall be one acre. Ho wever, 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 pu blic or privat e 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 an d structures shall meet the requirement of the underlying zone, except greater heights may be permitted if the city council finds sufficient evidence that increased height will benefit the project, will be co mpatible to th e surrounding development and area , and not unduly block the view of surrounding properties and scenic highways.
E. Parking. A nonresidential PUD shall provide par king in accordance with the requirements of the underlying zone. A residential PUD shall prov ide parking as required per the un derlying zone, plus visitor par king shall be provided at a ratio of one space for every unit. Such par king 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 Stre ets. Private streets may be permi tted 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 city c ouncil may reduce the minimum required width of private streets, provided t he reduced width is desirable to a ccommodate improved site design, increase open space, retention of natural features, etc. and, fu rther, that provisions are made for safety vehicle s, 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 devel opments 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
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Less than 4 600
4 to 9.99 500
10 to 20 450
Greater than 20 400
Areas designed for active r ecreational uses located on roofs of building s, 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, vista s, or other features deemed worthy of preserv ation. Credit for the u sable open space requirement may be given not to exceed fifty percent of the required amount.
3. Commonly owned a nd maintained open space and recreation areas shall be readily access ible t o 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 fe et of gross building floor area as measured at ground level only. It is int ended that this open space be designed for us e 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 ame nities such as statuary, fountains , natural areas, etc. The credit shall not exceed fifty pe rcent of the open space required.
I. Landscaping Standards. Open areas (not us ed for recreation, natural areas, parking, or pr ivate yards) shall be landscaped, provided with an irrig ation system, an d maintained. The design of the lan dscaped areas and plant mater ials used shall be planned co mprehensively for the entire site, and wher e 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 pl anned development may be specifically reserved for the storage o f recreational vehicles, trailers, boats, campers, etc. owned by the res idents of the deve lopment. 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 separa ted 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 allowe d by the u nderlying zone, community identity signs ide ntifying the entire PUD or major portions thereof are permitted. The type, location, height a nd 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 h uman 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;
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4. Two or more individual building units may be a ttached or combined into a single structure in a planned unit development.
N. Pedestrian Walkways. Walkways shall be pr ovided 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 city council approval. In addition, the city council may require and specify construction standards for hiking, equestrian and bicycle paths.
O. Building Construction Requirements. Each attached in dividual 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 rel ation to the pr oject and the surrounding area.
(Ord. 599 § 2, 2004; Ord. 262 § 4, 1989; Ord. 80 Art. V(S)(11), 1984)
9.94.120 Failure to utilize planned unit development permit.
Any PUD gr anted by the city council shall be conditioned upon the privileges grant ed being uti lized within two years after the effective date thereof. Fai lure to utiliz e such permit within this period w ill 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 compl etion. If the city finds that there has been no co nstruction substantial in character performed under the permit, or that there has be en a lapse of work for six months, it may revoke the pe rmit. During the two-year period referred to in this section, or during any extension thereo f, the property covered by the PUD permit sha ll not be used for any purpose or use other than that authorized by the permit. (Ord. 262 § 4, 1989; Ord. 80 Art. V(S)(12), 1984)
9.94.130 Extension of time.
The city council may, by resolution, grant an exten sion of time for a PUD in accord with the e xtension of time request of the tentative tract map.
(Ord. 262 § 4, 1989; Ord. 80 Art. V(S)(13), 1984)
9.94.140 Amendments.
Amendments to a PUD may be initiated by the property owner or authorized agent as follows:
A. A re quest for an amendment shall be su bmitted to the city planner in written form and shall be accompanied by such additional graphics, statements, or other information as ma y be r equired 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 a pproved by the planning commission and made part of the original city council 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 rea rrangement of uses withi n the development, or changes of greater than ten percent in a pproved 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.
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D. If a public hearing is required, the appl icant sh all submit a completed application with graph ics, 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. 554 § 1, 2001;Ord. 262 § 4, 1989; Ord. 80 Art. V(S)(14), 1984)
9.94.150 Final map.
Building permits for construction within the p roposed PUD shall not be issued until a final subdivision map has been recorded for the project. A final map which deviates from the conditions i mposed by the permit shall not be approved.
(Ord. 262 § 4, 1989; Ord. 80 Art. V(S)(15), 1984)
9.94.160 Final planned unit development plan.
A. Building permits for construction within the proposed PUD shall not be issue d until the a pplicant has filed and secured approval of a final PUD plan. The final PUD plan shall include:
1. Improvement plans for private street s, water, sewerage and drainage systems, walk ways, 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 improv ements proposed to be h eld in common owne rship, the applicant shall submit a declaration of cov enants, 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 an d 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 city council approved the construction p hases as part of the permit and subdivision map a pproval. The plan for t he 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. 554 § 1, 2001;Ord. 262 § 4, 1989; Ord. 80 Art. V(S)(16), 1984)
9.94.170 Maintenance.
All private streets, walkways, parking areas, landscaped areas, stor age areas, screening, sewers, drainage facilities, utilities, open space, recreation facilities and other imp rovements not dedicated to public use shall be maintained by the propert y 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. 262 § 4, 1989; Ord. 80 Art. V(S)(17), 1984)
9.94.180 Failure to maintain.
All commonl y owned land, improvements and facilities shall be preserved and maintained in a safe condition and in a state of good r epair. Any failure to so maintain is unlawful and a public nu isance
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endangering the health, safety and general welfare of the public and a detriment to the su rrounding community.
(Ord. 262 § 4, 1989; Ord. 80 Art. V(S)(18), 1984)
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Chapter 9.96
SPECIAL PROVISIONS APPLYING TO MISCELLANEOUS PROBLEM USES
Sections:
9.96.010 Private stables and paddocks.
9.96.020 Circuses, carnivals, animal rides and displays and amusement rides.
9.96.030 Temporary tract offices.
9.96.040 Landing strips for aircraft and heliports.
9.96.050 Rummage sales.
9.96.070 Temporary construction yards and trailers.
9.96.080 Christmas tree lots.
9.96.090 Temporary parking lots.
9.96.100 Antennas.
9.96.110 Gasoline and motor vehicle fuel sales combined with beer, wine, liquor or other alcoholic beverage sales.
9.96.120 Vending machines.
9.96.130 Game arcades.
9.96.140 Carwashes.
9.96.150 Automobile service stations.
9.96.160 Diversion facilities.
9.96.170 Used vehicle sales and vehicle rental enterprises.
9.96.180 Swap meet, permanent.
9.96.190 First-run movie theaters.
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)
9.96.020 Circuses, carnivals, animal rides and displays and amusement rides.
Circuses, carnivals, animal rides, animal di splays and amusement r ides 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)
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 limi ted to one year, with additional extensions subject to pla nning commission approval.
(Ord. 80 Art. V(T)(3), 1984)
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)
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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. 554 § 1, 2001; Ord. 80 Art. V(T)(5), 1984)
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. 554 § 1, 2001; Ord. 80 Art. V(T)(7), 1984)
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 adjoi ning properties, the neig hborhood, and the pu blic safety and welfare.
(Ord. 554 § 1, 2001; Ord. 80 Art. V(T)(8), 1984)
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. 554 § 1, 2001; Ord. 80 Art. V(T)(9), 1984)
9.96.100 Antennas.
A. Noncommercial Antennas. Noncommercial antennas are permitted in all zones a s 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 stru cture on the site.
2. Satellite antennas shall be ground mounted and not exceed a height of fifteen feet as measur ed from ground level except that a satellite a ntenna may be mounted on t he roof of comme rcial 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 ove rall 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 deviatio n from the standards within this section pertaining to height, location, and undergrounding utilities where the city planner finds that locating th e antenna i n
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conformance with the specifications of this section would obstruct the antenna’s reasonable reception or otherwise excessively interfere with reception, and such obstru ction or interference involves factors beyond the a pplicant’s control, or t he cost of meeting the specifications of this section is excessive, given the cost of the proposed a ntenna. 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 zon es 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 th e impacts to the area and to the city in general.
(Ord. 554 § 1, 2001; Ord. 327 § 4, 1991; Ord. 128 § 2, 1985; Ord. 80 Art. V(T)(10), 1984)
9.96.110 Gasoline and motor vehicle fuel sales combined with beer, wine, liquor or other alcoholic beverage sales.
Sales of b eer, wine, liquor or other alcohol ic 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 conjunc tion with the sale at retail of food and groceries in which not less tha n fifty percent by value of the retail sales of all pro ducts other than gasoline, oil and other motor veh icle fuels comp rises 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, groce ries, sundries and other non -motor vehicle fuels comprises not less than one thousand eight hundred square feet of indoor retail space. In addition, the con ditional 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 Depa rtment.” The videotape equipment u tilized shall be such as to record at least twenty-four hours of operation, and the film shall be made available to any representative o f the police department, at any time, upon request. Applicant shall maintai n the tapes for the prior seventy -two hours, and make such tapes available to the police d epartment. Such tap es 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. 197 § 4, 1987; Ord. 80 Art. V(T)(11), 1984)
9.96.120 Vending machines.
All vending machines, including, but not li mited to, ice, beverage, cigarette, tobacco products, a nd 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 appro ved through the design review process. Notwithstanding the above, the plann ing commi ssion may permit an exception by all owing vending machines in other locations if it is found that th e vending machine cannot properly function in the required enclosure. Th is section shall not be deemed to apply to the sale of news publications. (Ord. 206, 1988; Ord. 80 Art. V(T)(12), 1984)
9.96.130 Game arcades.
A. Game arcades are permitted only where specifically listed within a zone district Game a rcades are subject to a conditional use permit. The co mmission shall establish reasonable conditi ons to regu late
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security concerns, noise, hea lth, 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 shopp ing center, walls within the arcade shall be surfaced with sound - deadening material to alleviate noise tran smission to n eighboring 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 t o any tempo rary business o perating at a specific location for five consec utive days or less which applies to and receives a special use permit which the mayor and city council may a uthorize subject to such cond itions 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. 791 § 1, 2017; Ord. 227 § 3, 1988; Ord. 80 Art. V(T)(13), 1984)
9.96.140 Carwashes.
A. Purpose and Applicability. Carwashes are permitted only where specifically li sted per categories of carwash types within a zone di strict. Carwashes are subject to a conditional use permit. The plan ning commission shall establish reasonable conditions to regulate security concerns, noise, health, safety and public welfare relative t o the category of carwash b eing considered including, but not limited to, t he following concerns:
1. Traffic/parking and vehicular circulation;
2. Patron conveniences, (services such as waiting areas, restrooms, etc.);
3. Impacts on adjacent businesses and residential areas;
4. Possible impacts on nearby schools, parks, churches, public gathering areas and residential areas.
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;
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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 build ing. In addition a noise analysis shall be provided to demonstrate that noise levels measured at the boundary of the site will not exceed the polic ies 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 delineat ed 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 insta lled 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 contai ns adequate space to function properly, inclu ding vehicular access and circulation, parking, building placeme nt 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.
a. The planning commission shall only approve such carwashes upon finding that the operation will have no detrimental effect upon nearby properties due to its unsupervised operation; b. The site shall remain free of debris at all times. Permane nt trash re ceptacles shall be installed/maintained.
3. Self-Serve Carwash.
a. Self-serve carwashes may only b e 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 pr ovided. Sale and display of products consisting of conve nience goods, (snacks and related products) may be permitted but shall be locate d within a building and limited to an area no greater than four hundred squ are feet, b ut not including the sale or consu mption of alcoholic beverages.
c. The project design shall incor porate a stor efront appearance along commercial and scenic arterials (where determined necessary by the planning commission), to comply with or com pliment adj acent commercial projects or estab lished 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. 804 § 1, 2017; Ord. 554 § 1, 2001; Ord. 252 § 2, 1989; Ord. 241 § 9, 1989 ; Ord. 80 Art. V(T)(14), 1984)
9.96.150 Automobile service stations.
A. Purpose and Applicability. Automobile service sta tions 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 fre eway intersections, particularly motor fuel gasoline sales, these regulations are intended to provide uniform criteria and standards for service st ations, which because of
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the outdoor nature o f their primary activity and the inte nsive 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 b e subject to these provisions and shall be deemed a service station.
These regulations shall be additional to and supplement those property develo pment standards in the zone in which said use is permitted, and any conditions for such use as i mposed 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. Resta urants and convenience food markets or other similar uses may be permitted if the planning commission finds that: (1) the activity is int egrated with the service station operation and both activities are compatible with the other; (2) the accessory use in com bination with the service station operation will not cause hazards on, o r congestion to, adjacent city streets or surrounding traffic patterns; and (3) the ad ditional 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 l ocated 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 Section s 365 and 590 of the California Vehicle Code.
2. When service stations are proposed at locations other than at an intersection t hey may not be located any closer than two thousand five hu ndred feet from any other service station, said distance to be measured from the closest point on the nearest property line of a pr oposed 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 permi tted at any other pro perly zoned site provided that at least one of the following apply:
a. The lot has fro ntage 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 a ffect the separation criteria are d eemed minor or secondary activ ities 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 m otor fuel dispensing activity to an existing use on a lot of les s than twenty thousand square feet shall not be permitted, unless the pl anning commission pursuant to a conditional use permit, finds that the site can adequately support the increased use wit hout adversely affecting public streets or surrounding land uses.
E. Parking. Each service station site shall have no less than three sp aces available and marked for parking of automobiles, excluding those aut omobiles being serviced at said station. In add ition to the above - required spaces, uses permi tted as accessory or combined uses shall meet parking requir ements specified in Chapter 9.58, Off-Street Parking.
F. Installation of Call Detectors. If a service st ation is loc ated at a street intersection wher e traffic signal devices are installed or proposed to be i nstalled by the city or by the state of California, there shall be installed on said se rvice station site “call detectors,” if said dete ctors are determi ned necessary by the
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city eng ineer or enginee r of that governmental body having jurisdiction over the operati on of such traffic maintenance signals, said determination to be made an d imposed as a cond ition 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 leas t one hundred feet from any street co rner as measured from the intersection of the ultimate right-of-way lines at said c orner. All driveways shall be designed to provide vehicle queuin g 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 scr een walls, landscaping, earthen berms or any co mbination thereof shall be installed on project boundaries to partially reduce public view of parkin g areas, se rvice, 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 prope rty line) shall be provided on-site along all street frontages, side and rear property lines or lease lines e xcept 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 p atron use during business hours.
L. Service stations which contain self -service fuel dispensing shall pr ovide for v ehicle air/water, windshield washing and trash disposal.
M. Exterior area and flood lighting propo sed (whether in parking areas or under canopies) shall be shown on plans. Exterior lighting shall be co nsistent with Chapter 9.89 “Outdoor Lighting Standards” of this code.
N. Public pay telep hones 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. 602 § 3, 2005; Ord. 274 §§ 2, 3, 1989; Ord. 251 § 2, 1989; Ord. 80 Art. V(T)(15), 1984)
9.96.160 Diversion facilities.
A. Purpose. To reduce the amount of waste going to area landfills, the development of loc al d iversion facilities must be accommodated so that recyclable materials are segregated and dive rted from othe r waste materials before disposal at local landfills.
B. Applicability. Subject to conditional use pe rmit approval and the provisions herein, a d iversion 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 co nditions imposed pursuant thereto shall be i n addition t o and supplemental to all other p roperty development standards for the zone in which said use is permitted.
C. Application. In addition to any other requir ements applicab le to an application for a cond itional use permit, an application for a diversion facility shall include the following:
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1. A site plan showing the subject and surroun ding properties, sh owing grading and drainage plans, identifying areas intended for each a spect of the operation, showing existing and proposed property access and improvements including on-site circulation pa tterns and par king; 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 l andfill disposal; the type, intended use and anticipated quantity of any end products of any processing to be co nducted 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, liter, 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. T he planning commission, in r eviewing an application for a conditional u se 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 e xisting 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 pote ntial to create a public nuisance for adjacent prope rties as a result of odor, noise, dust, or vermin;
4. The proposed use will further the cit y’s goals with respect to diversion of waste, direct ly or indirectly, from disposal at landfill facilities.
E. Exceptions. Composting activities are not su bject to the provisions of this section when all m aterial 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 pa rcel immediately adjacent to an existing roa dway 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 shal l be located within five miles of a parcel currently utilized for waste di sposal, diversion or recycling activities.
G. Permits Mandated by Other Law. All d iversion facility approvals are subject to proof of a pproval from all federal, state, and local age ncies 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 faci lity, all required regulatory approvals sh all be on file with the city planning department.
H. Setbacks. No waste or recyclable materials shall be stored or proc essed 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 fe ncing, landscaping, earthen berms , or any combination thereof shall be installed alon g street front ages and project perimeters to reduce public view of the facilities to the greatest degree possible, as determined by the planning commission. In areas deemed env ironmentally sensitive habit at, the landsca ping/fencing/screening requirements s hall be employed to the fullest extent permitted by the state and federal regulatory agencies with subject matter jurisdiction.
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J. Access/Parking. Access to a diversion fa cility shall be solely from a pub lic roadway d esigned for a vehicle capacity at least as great as t hat defined in the general plan as a “secondary a rterial.” All driveways, on-site access roads, and par king 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 facil ities shall be provided and maintained for conv enient 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 basi s, the operator shall provide the city with receipts for each d elivery accepted at the facility, and accounting fully as to the city of origin, the amount, and the type of material being accepted. The oper ator shall also provide a summary, on a monthly bas is, of such information, together with d etailed reports on the manner a nd degree of d iversion accomplished. All records of the facility shall be made availab le, during regular business hours , to representatives of the city. The operator shall develop and p rovide any further data that the city deems necessary for co mpliance with its goals for waste diversion.
N. Maintenance. All diversion facilities shall be ke pt clean and orderly including ar eas for sto rage 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 an d/or health hazard.
In addition, the operator shall be responsible for cleaning ill egal 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 or iginal 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. 537 § 2, 2000; Ord. 304 § 7, 1990; Ord. 80 Art. V(T)(16), 1984)
9.96.170 Used vehicle sales and vehicle rental enterprises.
A. Purpose. Because of marketing and vis ibility needs, used vehicle sales and vehicle rental e nterprises tend to loca te along the City’s major streets and because it is the objective of the c ity to permi t uses with special display and s torage needs while maintaining quality deve lopment a long major str eets assuring compatibility between a broad range of uses there is a ne ed for regulating the location and development of such businesses.
B. Used vehicle sal es and vehicle rental ente rprises 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 w hich include used vehicle sales and/or vehicle rental enterprises. These regulations shall apply to all other used vehicle sales, including wholesale used vehicle sales e nterprises that include vehicle storage and auto buying ente rprises that include vehic le storage. These reg ulations sha ll be supplemental to those property development standards in a zo ne district or specific plan area in which said use is permi tted and an y conditions for such use as are i mposed by a permit therefore. Further, t he following development standards may be modified at the discretion of the planning commi ssion 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 location s within permissible zone districts on Ramon Road. However, enterprises dealing exclusively in the sale of exotic, antique or similar spe cialty used
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vehicles may locate within any zone district where such use is specifically enumerated and the enterprise i ncludes the display of fifteen or fewer such v ehicles for sale. Fu rther, used vehicle sales enterprises operating as of January 1, 1996 are permitted to continue at the existing dealership locations at 68 -318 an d 68 -350 E. Palm Ca nyon Drive (Webb Motors) a nd 68 -406 E. Palm Canyon Drive (Affordable Cars) until such time a s said dealerships cease operating. Once operations cease including change of ownership, reorganization, or any similar discontin uance of the bus inesses, no further use of the property for u sed car sales shall be permitted. This provision sha ll become effe ctive only a fter the amortization period established herein has been exhausted;
2. A minimum lot size of seventeen tho usand five hundred square f eet 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 phys ically separated from required parking/ vehicle maneuvering areas and marked and signed as such. Display parking shall be limited to the areas d elineated on the approved sit e plan and no part of any area designated for vehicle di splay/storage shall be credit ed toward required customer/employee parking. All vehicle par king and mane uvering area s shall be all weather surfaces. Vehicles shall not be displayed, parked or stored in required landscape areas;
4. Each site shall contain an office suff iciently sized fo r the conduct of the operation. Por table office trailers and other temporary buildings are not permitted;
5. All exterior lighting shall be installed and maintained in suc h a manner tha t glare and i ntensive 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 a pproval by the city planner prior to installation. Barriers proposed to be erected ar ound vehicle display areas shall not exceed thirty -six inches in height. C hain link fe ncing 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 di splay 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 approva l granted by the city or fail to meet any of the development standards co ntained herei n and/or any other applicable d evelopment 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 a pplication, the pla nning commission or city c ouncil shall have the discretion to review the entir e scope of pot ential issues including the appropriateness of the nonconforming use it s 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 se ction 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
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shall require the nonco nforming use to be abated by January 1, 1999. The notice shall fu rthermore 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 se ction, and file d 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 noti ce and order, and any amended or supplemental notice and order shall be served upon t he 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 ci ty to serve any person r equired under this subsectio n to be served shall not invalidate any proceeding under this se ction as to any other person duly served or r elieve 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 mai ling a copy of such no tice and order by certified mail, postage prepaid, return receipt requeste d, to each s uch 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 kn own to the city, then a copy of the notice shall be so mailed, addressed t o such person at the address of the lot or bu ilding involved in the proceeding.
The failure of an y such person to receive such notice shall not affect the v alidity of any proceeding under this section. Service by certified mail in the manner pr ovided 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 declar ation, under penalty of perju ry, executed by persons effec ting such service, declaring the time, date a nd manner in which service was made. The decl aration, together with any receipt card r eturned 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 inte rest of each of t he persons requesting the hea ring (“appellants”) in the nonconforming use;
b. A brief statement in ordinary and concise la nguage of the grounds for an extension of the ab atement date;
c. The signatures of all appellants and their official mailing addresses;
8. The city council shall appoi nt, when the need arises, a hearing officer or offic ers to hear r equests for extensions of abatement filed purs uant to this section. The city may, in its sole discretion, request that appellants nominate hearing officers and pay all or a po rtion of the hea ring officer’s fee if the hearing officer is not a c ity employee. The hearing officer shall be appointed by the city cou ncil and shall hold office at its pleasure. The hearing officer shall adopt reasonable rules and regulations for conducting his or her b usiness, and shall re nder 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 fo r the hearing. Such date shall not be less than sixt y days, nor mo re than one hundred
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eighty days from the date the request for hearing w as filed. Written notice for the time and place of the hearing shall be gi ven at least forty-five days prior to the dat e of the hearing to each appellant by the hearing officer, either by causing a copy of such notice to be delivered to the appellants pers onally, or by mailing a copy thereof, postage prepaid, addressed to the appellant at his or her address shown on the request for a hea ring. The notice to the appellant sha ll be su bstantially in the following form, but may include other information:
You ar e hereby notified that a hearing will be held before the abatement hea ring officer at ________ on the ______ day of ___, ___ at the hour of ______, upon the notice served upon you.
You may be pr esent 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 te stifying against you. You may request the issuance o f subpoenas to compel the attendance of witnesses, and the produ ction of books, docum ents or other things by filing an affidavit therefor with the abatement hearing officer.
10. The hearing officer shall establish such pr ehearing procedures for discovery a nd disclosure of witness and documents as a hearing o fficer shall, upon consultations with the appe llant 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 und er this chapter, the hea ring officer has the power to administer oaths and affirmations and to certify to official acts;
e. The hearing officer s hall proceed with reasonable dispatch to conc lude 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 iss uance and service of a subpoena fo r the attendance of witnesses, for the production of other evidence at the hearing, upon the fili ng of an affidavit therefor, which states the name and address of the pr oposed witness; specifies the exact thing sought to be pr oduced and the materiality thereof in detail to the issues involved; and st ates that the witness has the desired things in his possession or under his control. The su bpoena need not be issued when the affidavit i s 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 t ype 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, whic h might make i mproper 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 reco rds of the departments and ordinances of the city or rules and regulations of the hearing officer; l. The hearing officer may inspect any buil dings or lots involved in the hearing du ring the course of the hearing, provided that notice shall be given to the parties before inspection is made. The parti es will be given an opport unity to be present during inspection, and the hearing officer shall state for the record,
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upon completion of t he inspe ction, the material facts observed and the conclusions ther efrom. 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 b urden of proof, and shall present its evidence. The city may then cross- examine the witnesses presented on b ehalf of the appellant. The c ity may then pr esent 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 de cision not less than thirty days after the da te of the hearing. The appellant has the burden of p ersuasion by a preponderance of the evidence;
12. The hearing officer shall determine an appr opriate date by which the nonconforming use shall be abated. In ma king 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 wr iting and shall contain findings of fact, the determination of the issu es presented, and shall also contain the requirements to be co mplied 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 o fficer may be a ppealed to the city council within ten days of the date of service of the decision of the hea ring officer. The council shall hear the appeal a s soon as practicable, but no sooner than fourteen days from the date of the appeal;
16. At least f ive days before the hearing set by the city council, any interested per son 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 wr itten comments or exceptions thereto. At the hearing of the matter, the city council may, but is not required to, hear statements of interested pe rsons, including the
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appellant(s) and the city staff. The council may accept, reject or modify the dec ision of the hearing officer;
17. If the decision of the hearing officer is not adopted by th e city council, the city council may decide the case upon the entire recor d before it, with or without taking additiona l evidence, or may refer the case back to the hea ring officer or a nother hearing officer that the council shall appoint, to take addition al evidence. If the case is reassigned to a hearing o fficer, the hearing o fficer shall prepare a report and proposed de cision 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 dec ision of a hearing offic er, the city council shall make its own decision, which shall be in writing and shall contain fin dings of fact, the determination of the issues presented, and the final date for abat ement. A copy of the decision shall be deli vered to the appellant personally or sent b y certified mail, postage prepaid , return receipt requested. The decision of the city council shall be final and shall be effective immed iately upon the adoption by the c ity 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. 554 § 1, 2001; Ord. 482 § 3, 1998; Ord. 427 § 2, 1995 ; Ord. 379 § 2, 1993; Ord. 373 § 6, 1992; Ord. 80 Art. V(T)(17), 1984)
9.96.180 Swap meet, permanent.
A. Approval. A permanent swap m eet may be permitted in any zone subject to approval of a co nditional use permit (CUP). A CUP shall only be approved based on the finding s that the proposed site is appropriate for the operation of a swap meet; there will not be adverse affects to surround ing property, people, or city streets that cannot be effectively m itigated, and the activity will not hinder future development permitted in the zone district in which the site is proposed.
B. Requirements for A pproval. Swap meets a pproved by the city shal l meet or be conditioned upon the following:
1. The State Board of Equalization Resale Nu mber 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 flam mable li quids, 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 b e 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 e vent shall not degrade or cause u ndue problems for n earby 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;
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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 mi ght have bee n lawfully denied in the first i nstance, or that for any reason the continued operati ons under the permit will be inimical to the public safety or general welfare of the community.
(Ord. 386 § 5, 1993; Ord. 80 Art. V(T)(18), 1984)
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. 470 § 4, 1998; Ord. 80 Art. V(T)(19), 1984)
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Chapter 9.98
SENIOR AND ELDERLY CITIZEN HOUSING
Sections:
9.98.010 Intent and purpose.
9.98.020 Location criteria.
9.98.030 Minimum development standards.
9.98.040 Plan approval.
9.98.050 Covenants, conditions and restrictions (CC&Rs).
9.98.060 Annual review.
9.98.010 Intent and purpose.
These regulations are intended to provid e un iform cr iteria and standards for the deve lopment 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 res idents, merit unique design and locational considerations. Because of these special needs, senior and elderly citizens housing are considered unique uses subject to special provision s, provided the housing remains consistent with the development goals of the community.
(Ord. 294 § 3, 1990; Ord. 140 § 3, 1986; Ord. 80 Art. V(U)(1), 1984)
9.98.020 Location criteria.
The standards established in this chapter shall govern the developmen t of senior and elderly cit izens housing which shall be permissible as a conditional use within the R2, RM, R3, RH and PCC zones. (Ord. 294 § 3, 1990; Ord. 140 § 3, 1986; Ord. 80 Art. V(U)(2), 1984)
9.98.030 Minimum development standards.
Senior housing developments and elderly cit izens housing developments constructed under t he provisions of this chapter shall generally meet the development standards as are required with in 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 an d 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 exi sting 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 pla nning 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 provide d at a ratio of not less than one par king space per dwelling unit;
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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 p arking spaces shall be covered. Not less than ten percent of the total number of required parking spaces shall be designed and designated as hand icapped 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 multitena ncy use. The planning commission may require additio nal 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 fe et of indoor a nd forty square feet of outdoor common a ctivity area for each unit or f or every two hu ndred 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 a ctivity area for each unit or for every tw o hundred square feet within rooms designated for multitenancy.
F. Dwelling Unit Size.
1. Senior Housing Developments E ach dwelling unit shall have at least one bedroom an d co ntain five hundred square feet of habitable floor area, plus at least two hundred square feet a dditional floor area for each additional bedroom.
2. Elderly Housing Developments. Each dwelling unit sha ll have at least one bedroom and co ntain 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 encl osures, driveway locations, handicapped accessibility, shall be determined by the planning commission. (Ord. 294 § 3, 1990; Ord. 140 § 3, 1986; Ord. 80 Art. V(U)(3), 1984)
9.98.040 Plan approval.
The provisions of Chapter 9.72 (conditional use permits) a nd Chapter 9.78 (design review) shall a pply.
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. 294 § 3, 1990; Ord. 140 § 3, 1986; Ord. 80 Art. V(U)(4), 1984)
9.98.050 Covenants, conditions and restrictions (CC&Rs).
In order to ensure the necessary com pliance with the provisions of this chapter, and in order to ensure the pr oper maintenance of developments constructed under these privileges, and to assure that each such project conti nues to qualify for the specific development conditions under which a pproval was granted, covenants, conditions and restrictions shall be required prior to development construction. Said CC&Rs shall make provision for enforcing age limitation s, relocation when household survivor is not a senior citizen or elderly person, maximum occupancy limitations, long -term project maintenance and repair, and s hall make the city a party to such with regar d to enforcement, right -of-entry, and enforcement of local traffic/parking regulations; such CC&Rs shall not be amendable without the con sent 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 r ecorder’s office, either separately or with a subdivision map, prior to issuance of a building permit.
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(Ord. 294 § 3, 1990; Ord. 140 § 3, 1986; Ord. 80 Art. V(U)(5), 1984)
9.98.060 Annual review.
It shall be the responsibility of the owner and/or lessor of senior housing developments and of or 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. 294 § 3, 1990; Ord. 140 § 3, 1986; Ord. 80 Art. V(U)(6), 1984)
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Chapter 9.100
REGULATION OF ANIMALS
Sections:
9.100.010 Purpose.
9.100.020 Fowl and similar animals.
9.100.030 Pigs and livestock.
9.100.040 Animals not classified.
9.100.050 Dogs and cats.
9.100.060 Animal offspring.
9.100.070 Appropriate and sanitary housing.
9.100.080 Prohibition of slaughtering.
9.100.090 Violation—Penalty.
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. 436 § 1, 1996; Ord. 80 Art. V(V)(1), 1984)
9.100.020 Fowl and similar animals.
A. It is unlawful to keep fowl, rabbits, guinea p igs or similar animals in the city except that such animals may be kept in an R -E zone not to e xceed a total combination of three and provi ding all of them are kept at lea st twenty feet from any house bui lt or used for human habit ation. Roosters or other f owl which constitute a nuisance by their loud cries, are not allowed in any zone.
B. The city planner may prohibit those an imals which are permitted by this se ction if fin dings 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 commissio n upon proper appeal of the city planner’s decision.
(Ord. 554 § 1, 2001; Ord. 436 § 1, 1996; Ord. 80 Art. V(V)(2), 1984)
9.100.030 Pigs and livestock.
A. It is unlawful to keep any pi g, hog, sheep, bull, stallion, mare, cow, burro, jack, jenny, mule, goa t, kid, horse or similar animal in the city except that such animals may b e kept in an RE zone not to e xceed a total combination of three and providing all of them are kep t at least six ty feet from any pro perty line and forty feet from the residence of the property in which they are kept.
B. The city planner may prohibit those a nimals 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 a ppeal of the city planner’s decision.
(Ord. 554 § 1, 2001; Ord. 436 § 1, 1996; Ord. 80 Art. V(V)(3), 1984)
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9.100.040 Animals not classified.
Any animal not specifically classified within this chapter sh all be classified by the city planner, based upon a determination as to th e probable n egative impact upon the health, s afety and general welfare of the community.
(Ord. 554 § 1, 2001; Ord. 436 § 1, 1996; Ord. 80 Art. V(V)(4), 1984)
9.100.050 Dogs and cats.
Dogs and cats may be kept in any zone within the city provided that no more than th ree of each or a combination not to exceed three of these animals are kept within a single legal lot. (Ord. 436 § 1, 1996; Ord. 80 Art. V(V)(5), 1984)
9.100.060 Animal offspring.
The offspring of animals shall not be counted toward the maximu m allowed nu mber until they are of weanable or self-sufficient age.
(Ord. 436 § 1, 1996; Ord. 80 Art. V(V)(6), 1984)
9.100.070 Appropriate and sanitary housing.
Notwithstanding anything to the contrary co ntained in this chapter, no person, firm or corpor ation shall keep any kind of animal, as menti oned 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. 436 § 1, 1996; Ord. 80 Art. V(V)(7), 1984)
9.100.080 Prohibition of slaughtering.
Slaughtering of animals within the city l imits is strictly prohibited, unless it takes place in a bo na fide restaurant for the purpose of food preparation.
(Ord. 436 § 1, 1996; Ord. 80 Art. V(V)(8), 1984)
9.100.090 Violation—Penalty.
Any person, firm or corporation violating any of the provisio ns of this chapter is guilty of an i nfraction or misdemeanor and upon conv iction 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. 436 § 1, 1996; Ord. 80 Art. V(V)(9), 1984)
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Chapter 9.102
TRANSPORTATION DEMAND MANAGEMENT
Sections:
9.102.010 Purpose and intent.
9.102.020 Definitions.
9.102.030 Applicability.
9.102.040 Exemptions.
9.102.050 Minimum standards.
9.102.060 Processing time limits.
9.102.070 Filing procedure and evaluation.
9.102.080 Annual review.
9.102.090 Enforcement and penalties.
9.102.100 Appeals.
9.102.010 Purpose and intent.
These regulations are intended to protect the public health, we lfare and safety by reducing air po llution and greenhouse gas emissions caused by vehi cle trips and vehicle miles trave led. It is intended to accomplish emission r eductions by meeting t he requirements of Section 65089(b)(3) of the California Government Cod e, which requires development of a trip reduction and travel demand elemen t 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)
9.102.020 Definitions.
For purposes of this chapter, the definitions for the following terms shall apply:
A. “Alternative transportation modes” 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.
B. “Applicable development” means any new development project that is determined to meet or exceed the employment threshold using the cr iteria contained in this chapter. An applic able development also includes development s which are ow ned and/or ma naged as one unit, such as a business park or shopping center, that also meet or exceed the employment threshold.
C. “Bicycle facili ties” means any capital i mprovements which wo uld benefit an employee who rides a bicycle to their work site, including shower facilities, locker facilities, bicycle parking, etc.
D. “Change of use” means a development or f acility space of a lessee which ha s altered it s initial use to another use not related to the previous. (Example: office space changes its use to commercial space.) E. “Developer” means the builder who is respo nsible for the planning, design and construction of an applicable development pr oject. A d eveloper may be responsible for imp lementing this chapter as determined by the property owner.
F. “Employee” means any person employed by a firm, person(s), business, educa tional instit ution, nonprofit agency or corporation, gover nment agency or other entity which employs one hundred or more persons at a single work site.
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G. “Employment generation factors” refers to factors developed for use by the jurisdiction for protectin g the potential employment of any proposed development project.
H. “Employer” 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.
I. “Employment threshold” refers to the number of employees which a dev elopment must have for the TDM ordinance to be applicable to that employer.
J. “Minimum standards” 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.
K. “Mixed-use development” means new deve lopment projects tha t combine any land uses one with another.
L. “New development project” mea ns any no nresidential project being processed where some level of discretionary action by a decision-making body is required.
M. “Operational standards” means standards to which empl oyers, TMAs or a managing office of a development administered as one unit are subject ed in order to achieve the mandat ory ten -percent reduction in trips related to the project.
N. “Peak period” means those hours of the bus iness day seven a.m. and nine a.m . inclusive, Monday through Friday, which TDM strat egies such as this chap ter identify as the priority period for r educing work-related vehicle trips.
O. “Property owner” means the legal owner of the applicable development.
P. “Rideshare facilities” means any capital i mprovements which would benefit an employee who rideshares to the work si te, including on -site amenities, preferential parking, and rid eshare drop -off areas at the entrance of the work site.
Q. “Site development plan/permit” means a plan of de velopment subject to hearing before the planning commission, such as design review, conditional use permit, planned use development, and specific plan.
R. “Transit facilities” 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.
S. “Transportation management ass ociation (TMA) ” means a voluntary entity of emplo yers, property owners and other inte rested pa rties who share a mutual concern for local transportation problem s.
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.
T. “Transportation demand management (TDM)” means the implementation of programs, plans or policies designed to encourage changes in individua l travel behav ior. TDM can include an emphasis on alternative travel modes to the sin gle-occupant veh icle, 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.
U. “Work site” means a building, or grouping of buildings located w ithin the jurisdiction which are in physical contact or separated solely b y a private or public roadway or other privat e right-of-way, and which are owned or operated by the same employer (or by employers under common control). (Ord. 355 § 2, 1992)
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9.102.030 Applicability.
These regulations shall apply to all new deve lopment projects and/or change of use projects that ar e 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 regul ations, 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 proje ction for a development of mixed use or multiple uses shall be calc ulated on a case-by-case basis based upon the proportion of development devoted to each type of use. (Ord. 554 § 1, 2001; Ord. 355 § 2, 1992)
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 a ffected project, including activities performed by engine ers, architects, contractors, subcontractors and construction workers; C. Temporary activities as authorized by the cit y when such temporary activities shall disco ntinue 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)
9.102.050 Minimum standards.
A. All applicable new developments (nonreside ntial devel opments which employ one hundred or more persons) which are owned and ma naged as one unit shall submit a transportation demand ma nagement plan prepared by a tr affic engineer, transportation planner or oth er qual ified professional identifying traffic impact s a ssociated w ith a pr oposed project and including design recommendations and mitigation measures, as appropriate, to address on - and off-site project impacts. Said TDM pl an shall include a trip reduction plan to reduce work -related v ehicle trips by ten pe rcent from the expected number of trips related to the project (as ind icated in the T rip Generation Handbook pu blished by the Institute of Traffic Engineers). The plan sha ll also indicate specific strateg ies 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 cap ital improvement standards as specified herein. T hese standards must all be addressed to determine if they are appl icable to the development. These required standards may be used to achi eve the mandatory reduction of ten percent in the expected number of trips related to the project. Developers of all
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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 appl icable development is on a cu rrent transit route, if not already existing in close proximity, provide a transit stop including a shelter, trash barrels, benches, and shade and wind prote ction. Also i ncluded where appropriate should be a bus turnout and a direct pedestrian walkway from the development;
2. Provisions f or the implementation of bicycle lanes, including bi cycle parking facilities equal to five percent of the total required automobile parki ng 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 o ccupancy of the development by an employer.
D. The following options may be included in the devel oper’s TDM pla n to fulfill both the cap ital 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; Es tablish teleco mmuting 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; Pr ovide affordab le on -site housing and shuttles t o 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 re staurants, automated teller machines, and other services th at would eliminate the need for additional trips;
8. Airport shuttle service to hotels and spas;
9. Contributions to funds providing regional f acilities, 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 hou sing 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. 554 § 1, 2001; Ord. 355 § 2, 1992)
9.102.060 Processing time limits.
The city planner, or designee, shall inform the applicant of a transportation demand management review application of the compl eteness of such an application within thirty days of receipt. Once the application is
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complete, t he city planne r or desi gnee shall either approve or deny the application within sixty days or forward the application to the city cou ncil for their approval, a ssuring that the application is processed expeditiously (within ninety days from the date the application was deemed complete). (Ord. 554 § 1, 2001; Ord. 355 § 2, 1992)
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 esta blished by city council resolution.
C. An application for TDM review shall be su pplemented by plans and other perti nent info rmation to adequately address all applicable aspects of a proposal.
D. The city planner shall review applications and arrive at recommendations or approvals as a ppropriate, by considering aspects of conformance with this chapter. (Ord. 554 § 1, 2001; Ord. 355 § 2, 1992)
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 impl emented TDM programs. This sampling will r esult in either renew al of a TDM program if the TDM plan is reducing work-related trips by ten percent, or denial of a renewal due to no ncompliance with these regulations. If a TDM plan is not renewed, a n 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 compli ance of the u pdated TDM plan will take place within ninety days.
B. The city planner shall also review any a pproved TDM plan for compliance if co mplaints about a TDM plan and its noncompliance are recorded to the city.
(Ord. 554 § 1, 2002; Ord. 355 § 2, 1992)
9.102.090 Enforcement and penalties.
For purposes of ensuring that applicable developments comply with the provisions of these reg ulations, the city sh all, following written notice to subject property owner(s), initiate enforcement acti on(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)
9.102.100 Appeals.
A. An appeal may be made by the property owner(s) or designee(s) of any applicab le d evelopment regarding decisions made by the city planner on provisions of these regulations.
B. Such appeals may be reviewed by the city council, who must a ct on such a ppeals within sixty days of such filing, unless the appellant agrees to a delay on such decision. (Ord. 554 § 1, 2002; Ord. 355 § 2, 1992)
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Chapter 9.104
REASONABLE ACCOMMODATIONS FOR PEOPLE WITH DISABILITIES
Sections:
9.104.010 Purpose and intent.
9.104.020 Public notice.
9.104.030 Application.
9.104.040 Notice to adjacent owners.
9.104.050 Authority.
9.104.060 Grounds for approving application.
9.104.070 Assistance to be provided.
9.104.080 Notice of determination.
9.104.090 Appeal of a notice of determination.
9.104.100 Nonconforming status.
9.104.010 Purpose and intent.
A. The purpose of this cha pter 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 chapte r are intended to benefit only th ose pe ople with disabilities for which the accommodations were granted pursuant to this chapter. (Ord. 561 § 2, 2002)
9.104.020 Public notice.
A notice advising people with disabilities or their representative s that they may request accommodations from t he city’s residential development standards in accor dance 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)
9.104.030 Application.
A. Any person with a dis ability may su bmit 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 represent atives) 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 zo ning law or r egulation is preventing or will p revent the applicant’s use and enjoyment of the dwelling;
6. The nature of the accommodation requested; and
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7. The basis for the claim th at the applicant qual ifies as a person with a disability pursuant to Cath edral City Municipal Code Section 17.03.41(b) (Zoning Ordinance).
B. There shall be no filing fee imposed in connection with an application filed pursuant to this section. (Ord. 561 § 2, 2002)
9.104.040 Notice to adjacent owners.
A. Notice of the filing of an applicat ion 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 su bject property, the specific zoning code, law, regulation , procedure or policy from which r elief is be ing requested and the nature of the a ccommodation 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 pe rson” for purposes of this chapter.
D. The applicant shall bear the costs of the mailing.
(Ord. 561 § 2, 2002)
9.104.050 Authority.
The city planner or his or her designee shall have the au thority to con sider and act on all appl ications filed pursuant to this chapter.
(Ord. 561 § 2, 2002)
9.104.060 Grounds for approving application.
A. The city planner or h is or her designee shall approve an application upon a showing of all of the following:
1. That the applicant is a person with a di sability within the meaning of Cathedra l City Munic ipal Code Section 17.03.41(b) (Zoning Ordinance);
2. That the subject dwelling is, or is intended to be, oc cupied by the applicant and the owner has provided the requisite notarized written consent to submit the application;
3. That the request ed accommodations are nece ssary to afford the applicant an equal opport unity 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 har dship or administrative burden on the city; and
5. That the requested accommodations will not re quire 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 a lternative accommodations which may provide an equiv alent level of benefit.
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(Ord. 561 § 2, 2002)
9.104.070 Assistance to be provided.
A. If an applicant needs assistance in co mpleting the application or appealing the city’s n otice 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 repr esented at all stages of the proceeding by a pe rson designated by the applicant.
(Ord. 561 § 2, 2002)
9.104.080 Notice of determination.
A. The city planner shall issue a written notice of determination within thirty days of the date of r eceipt of a completed application and may (1) grant the application, (2) gr ant 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 certifi ed mail, retur n receipt r equested, to the applicant and to all interested persons.
D. If necessary to reach a determination on the application, the city planne r may reques t fu rther information from the ap plicant consistent with this chapter specifying in d etail what i nformation is required.
E. In the event a request for further inform ation 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)
9.104.090 Appeal of a notice of determination.
A. Any person aggrieved by the notice of dete rmination 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:
1. The applicant’s name , mailing address and daytime phone number(s) (and/o r represent atives) if so applicable;
2. Address of the property for which the request is being made; and
3. A brief statement in ordinary and concise language of the relief sought.
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 sectio n and the appropriate filing fee shall be deemed incomplete.
G. Failure to timely and properly fi le 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 ha s dete rmined that a timely and complete appea l 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.
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I. The Desert Bar Association will provide to the city planner and the person or entity who filed the appeal a notice list ing three rand omly s elected names of hearing officers who are pra cticing and retired attorneys and judges who have agreed to join a panel from which hearing of ficers are s elected by the Desert Bar Ass ociation. Each party shall have the opportunity to rejec t one of the t hree proposed hearing officers provided by the Desert Bar Association. In the event that two out of the three listed hearing officers are rejecte d by the par ties to the hearing by the deadli ne stated in the n otice, the remaining hearing officer shall become the selected hearing officer for purposes of presi ding over that particular hearing. In the event that only one or none of the three listed hea ring officers are rejected by the parties to the hearing by the dea dline stated in the notice, th e 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 r equired by this chapter, the h earing officer shall fix a date, time and place for the hearing of the a ppeal and sha ll 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 t he Admini strative Hearing Officer at ___ on the __ ___day of ___________, 20____ at t he 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 deli vered 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 pac ket shall include a copy of the notice of det ermination, a staff report and all other applicable evidence.
M. At the appeals hearing, the hearing officer shall hear any evidence offe red either in su pport of appellant’s claim or in support of the notice of determination provided such ev idence 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 he aring officer also has the a uthority to exclude unduly repetitious and c umulative 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 shal l 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 r egardless of which party f irst called the witness to testify; (e) to re but evidence; and (f) to be represented by anyone who is lawfully permitted to do so.
P. Following the appeal hearing, the hearing off icer may decide to uphold the notice of dete rmination or overturn the city’s findings, in whole or in part. The hearing of ficer shall pr epare and serve a written
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notice of decision upon the appellant, the city planner, and all i nterested persons following the appeals hearing.
Q. The decision of the hearing officer shall be final.
(Ord. 561 § 2, 2002)
9.104.100 Nonconforming status.
A. Any accommodations granted pursuant to th is chapter are intended to benefit only the appl icant and such accommodations shall n ot be considered cov enants, 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 dee med a no nconforming 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 i ntends to o ccupy or occupies a nonconforming structure and/or nonconforming site impr ovement, as described in this section, may submit an appl ication for accommodations in the city’s res idential development standards pursuant to this chapter for the same accommodations and/or additional accommodations for which they may qualify. Any a ccommodations previously granted which are not granted to a subsequent applican t 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)
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Chapter 9.106
DEDICATION OF LAND FOR PARK AND RECREATIONAL PURPOSES AND PAYMENT OF
IN-LIEU FEES
Sections:
9.106.010 Authority, purpose and intent.
9.106.020 Definitions.
9.106.030 Applicability—Exceptions.
9.106.040 Park acreage standard.
9.106.050 Subdivider’s notice to dedicate land, pay in-lieu fee or both.
9.106.060 Dedication of land or payment of fees or a combination of both.
9.106.070 Timing, standards and formula for land dedication—Required improvements.
9.106.080 Dedication of land.
9.106.090 Timing, standards and formula for payment of in-lieu fee.
9.106.100 Timing, standards and formula for combination of dedication of land and payment of in-lieu fee for subdivisions of fifty or more parcels.
9.106.110 Use of dedicated land and in-lieu fees—Development schedule.
9.106.120 Credits.
9.106.150 Refunds.
9.106.160 Disposition of proceeds—Fund created.
9.106.170 Controlling state law.
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 spec ifically authorizes the city to r equire dedication of parkland or the payment of fees in-lieu of su ch 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 c hapter 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 cit y’s general plan and in compliance with the r equirements of the Cathedral City parks and recreati on master plan, 2005 (“parks ma ster plan”) and the requirements of the Quimby Act.
(Ord. 612 § 2 2006)
9.106.020 Definitions.
For the purpose of this chapter , unless oth erwise apparent from the context, the following terms, phrases, words and their derivations shall have the meanings respectively ascribed to them by this section:
“Act” means the Quimby Act, Government Code Section 66477 et seq. “Common interest development” means the type of developmen t project defined at Section 1351 of the California Civil Code.
“Community park” means a park that generally services an area within a five-mile radius and is usually twenty acres or larger. This type of park w ill generall y allow for a greater variety of passive and active recreation opportunities and area s or buildings for community festivals and civic events, as well as for organized indoor sport and athletic competitions.
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“Dwelling unit” means each single-family dwelling, each dwelling unit in a duplex , apartment house or dwelling, condominium, mobile h ome 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. “Fair market value” means the fair market value of undeveloped residential real proper ty as applicable for the density classifications established by the city council for the implementation of this chapter. “Parks master plan” means the city of Cathedral City parks and recreation master plan, 2005, which was adopted and approved by the cit y cou ncil on D ecember 14, 2005. A copy of the parks master plan is maintained on file with the city clerk.
“Neighborhood park” 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 pa ssive recreation opportunities.
“Park” means a parcel or contiguous parcels of land that provides recreati onal land and facilities for the benefit and enjoyment of the residents and visitors of the city. “Recreational facilities” means those i mprovements to parks which provide a recreat ional 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.
“Subdivider” means a person, firm, corpor ation, partnership or associatio n who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others. “Subdivision” means that definition contained in Gov ernment Code S ection 66424 and shall i nclude any division of land governed by the provisions of the Subdivision Map Act (commencing with Government Code Section 66410).
(Ord. 612 § 2 2006)
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 exis ting 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 a pproval of a parcel map, th at if a building permit is reques ted for the construction of a residential structure, or structures, on one or more of the parcels, within four years, the fee may be r equired 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 po rtion of, the dedication or fees required by t his 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 C athedral City re development 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)
9.106.040 Park acreage standard.
The public interest, convenience, health, we lfare, and safety re quire that three net acres of us eable parkland for each one thousand persons residing within a subdivision shall be devoted to parks.
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(Ord. 612 § 2 2006)
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 prope rty 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 loc ation 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 t ime 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 pr oposed to be dedica ted prepared in compliance with the California Environmental Quality Act and as required by the city planner;
2. A schematic site plan, which sha ll include b ut not be limited to, identifying the boundaries of the dedicated land, site access and improvements.
(Ord. 612 § 2 2006)
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 plac ed 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 condi tion of approval shall be placed on the map that the subdivider shall do one of the following:
1. Dedicate land for park or recreational purposes pursuant to this chapter;
2. Pay an in-lieu fee for park or recreational purposes pursuant to this chapter; or
3. Both dedicate land and pay an in-lieu fee for park or recreational purposes pursuant to this chapter.
If applicable, the city planner shall also determine the credits for which the subdivider is eligible pursuant to Section 9.106.120.
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 pr oposed for dedication fo r park and recreational pu rposes as determined by a schematic site plan submitted by the subdivider.
D. The determination of the city planner as to whether the subdivider shall dedicate land, pay the in -lieu fee or a combination thereof, shall be final and conclusive but may be appealed to the city council pursuant to the appeals procedure contained in Chapter 2.04. (Ord. 612 § 2 2006)
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:
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A. As cond ition of app roval of a final subdivision trac t 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) th e number of proposed dwelling units; (b) the a verage number of persons per dwelling un it within the density classification appropriate for the subdiv ision 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 3.03 (average number of
persons per dwelling)*
x 0.003 (3 acres per
1,000 residents of the
subdivision)
= Number of acres
to be dedicated
*2000 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 pertai ning to parks and recreation.
D. When the city planner has required the dedic ation of land purs uant to this chapter, subd ivider shall, without credit, as a further cond ition of suc h approval, co nstruct and install the following public improvements within the dedica ted land and a djoining 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, gu tters, relocation of existing public utility facilities, street paving, traffic control devices, street trees, and sidewalks to the dedicated land.
2. Fencing consistent wit h city improve ment standard along the property lines that are co ntiguous 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 f acilities to an existing or proposed publ ic street, unless the city determines that such access is unnecessary for maintenance of the park area or use of the park.
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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 d etermines are n ecessary in or der to make the dedicated land suitable for development as a park or recreation facility. (Ord. 612 § 2 2006)
9.106.080 Dedication of land.
A. The dedication of land to the city pursuant to this chapter shall be accomplished in acco rdance 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 t o use by the g eneral public, unless a satisfactory subst itute is approved by the city planner. Where fees are required, they shall be deposited with the city a t the time prescribed by Section 9.106.090(A).
(Ord. 612 § 2 2006)
9.106.090 Timing, standards and formula for payment of in-lieu fee.
The following shall apply when a subdivider i s 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 subd ivider 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 fa ir market value of the unimproved land within the subdivision. One of the following methods shall be used to determine the fair market value:
a. Assessed land value based on records of the Riverside County assessor’s office. b. Current sales prices of land within, or in the vicinity of the subdivision. c. Appraised land value based upon the determination of a qualified appraiser.
2. The following formula demonstrates the method of calculating the in-lieu fee:
Number of
dwelling units
based on
proposed map
x 3.03 2.87
(average number
of persons per
dwelling)*
x 0.003 (3 Acres
per 1,000
residents of the
subdivision)
x Land
acquisition
costs per acre
= Total in-
lieu fees
*200020 U.S. Census
(Ord. 612 § 2 2006) 9.106.100
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9.106.100 Timing, standards and formula for combination of dedication of land and payment of in- lieu fee for subdivisions of fifty or more parcels.
When only a portion of the land needed to sa tisfy the dedication requirement meets the minimum park standards and is acceptable to the city as a park site and is located within the proposed subd ivision, 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)
9.106.110 Use of dedicated land and in-lieu fees—Development schedule.
A. Land dedicated to and accepted by the city pursuant to t his chapter shall be used for the purpose of developing parks and recreati onal facilities which serve the residents of the subdivision in accordance with a development sch edule 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)
9.106.120 Credits.
A. At the time of approval of the final tract map or parcel map, the subdivider shall receive a credit f or the value o f park and recreation i mprovements, including equipment, provided to th e dedicated land, provided said improvements are made or installed with th e 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 wi th private land that satisfies the criteria for dedicated park and recreational land pursuant to Section 9.106.070 and is dedicated for active re creational p urposes as required by this secti on (“private and dedicated park land”) shall be elig ible to receiv e 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 crit eria for dedicated park and re creational land pursuant to Section 9.106.070 and is dedicated for active recreational pu rposes as required by this section (“private and dedicated park land”) shall receive credit for the valu e of such private land. The city planner shall determine the reasonable value of the improvements.
C. For purposes of this section, “active recre ational purposes” means r ecreation facilities open to and accessible by all residents of the develo pment and th eir guests and invitees and desig ned to provide individual or group activities of an active nature including, but not limited to the following:
1. Open spaces dedicated to the active recre ational pursuits such as soccer, golf, baseball, softba ll 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:
a. The areas are suitable for active recreational use,
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b. The areas will actually be used for active recreation, and c. The proposed type of active recreational us e of the are a is permitted by the city’s gene ral plan or other city applicable plan;
8. “Active recreational uses” does not include the following:
a. Land that has greater than a five percent slope,
b. Natural open space,
c. Nature study areas,
d. Open space for buffer areas,
e. Scenic overlooks.
D. Use of the private and dedicated park land must be restricted for park and recreation pu rposes by a recorded park provision agreement or such other recorded covenant acceptable to the city attorney. The agreement or covena nt shall run with the land in fav or of the future owners of the pro perty within the subdivision and shall not be d efeated or eliminated without the city council’s prior c onsent 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 w ithin the su bdivision 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 comput ation of pr ivate and dedicated park land.
G. The aggregate amount of private and dedicated park land to be provided under t his section shall not be less than the park acreage standard set forth in Section 9.106.040 (i.e., 3.0 acres of useable park land for each one thousand persons residing within the subdivision). (Ord. 612 § 2 2006)
9.106.150 Refunds.
Fees paid to the city and deposited into the park acquisition and development fund shall be com mitted within five years after payment of suc h fees or the issuance of building permits on one -half of the lots created by the subdivision, whichever occurs later. If the fees are no t committed, they shall be distributed and paid without any dedu ctions 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)
9.106.160 Disposition of proceeds—Fund created.
A. All proceeds from the fees collect ed under thi s chapter shall be paid into a sp ecial fund of the city entitled “park acquisition an d develo pment fund” which fund is hereby created. All sums collected pursuant to the provisions of this cha pter, together with any interest income earned there on, shall be used only for the pu rpose 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 instr uments are issued for the advanced provisi on of park a nd 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 pr ovided are of the type to which the fees involved relate.
C. Funds may be used to provide refunds as described in Section 9.106.150.
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D. The director of fi nance shall ma intain records specifically identifying the origin of the funds used fo r any project or improvement funded, in whole or in part, by the park acqu isition and development fund.
Such records sh all enable the director of finance to trace the fees from new residential subdivisions to specific projects funded by each subdivision. A ny interest accr uing 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 recre ational f acilities, the director of finance shall immed iately 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 day s after rece ipt of such notice, the city mana ger shall advise the director of finance whether the disbursement made or proposed is consistent with this chapter. If the city ma nager fails to so certify within ten days, it shall be presumed that he has made a positive finding therein. Within five days thereafter, the d irector of finance shall, if a posi tive finding has been made or presumed, approve payment as requested. (Ord. 612 § 2 2006)
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 prov isions of the Quimby Act, as the same presently exists or may hereafter be amended from time to time, to the e xtent the same are applicable. In the event of an y conflict b etween the provisions of this chapter and state law, the latter shall control. (Ord. 612 § 2 2006)
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Chapter 9.108
CANNABIS BUSINESSES
Sections:
9.108.010 Purpose.
9.108.020 Relationship to other laws.
9.108.030 Definitions.
9.108.040 Conditional use permit required.
9.108.050 Conditional use permit application.
9.108.060 Findings for approval or denial of conditional use permit.
9.108.070 Locational requirements.
9.108.080 Conditions of approval.
9.108.090 Limitations on city’s liability.
9.108.100 Inspections.
9.108.130 Enforcement.
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 Pr ofessions Code, in a manner designed to min imize negative impacts o n 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 adopt ed and established pursuant to the specific authority granted to Cathedral City in Sec tion 7 of Article XI of the Calif ornia Constitution and Section 26200 of the Californ ia Business and Professions Code. This chapter shall govern all cannabis businesses within the jurisdiction of Cathedral City.
(Ord. 801 § 3, 2017)
9.108.020 Relationship to other laws.
A. In the event of any conflict between the prov isions 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 bu sinesses must comply with all oth er city codes and regulations. Nothing in this chapt er shall be co nstrued 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)
9.108.030 Definitions.
Unless otherwise defined herein or in Section 9.08.0 20 of this code, the terms in this chapter shall have the same meaning as set forth i n the MAUCRSA and any rules promulgated purs uant thereto. In addition, the following terms shall be defined as follows:
“Enclosed locked structure,” means a structure tha t: (1) does no t allow for the visibility of the int erior from the outside; (2) is sec ured with a lock; (3) is completely surrounded on all sides by a wall; and (4) is roofed. Enclosed locked structures ma y include greenhouses, provided that only the roof o f the greenhouse is made of transparent glass, and accessory buildings.
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“Excessive c oncentration” 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 propose d dispensaries north of Inte rstate 10, the proposed dispensary is located less than fi ve hundred feet from another appr oved dispensary, measured in accordance with Section 9.108.070(C).
“Limited access area” means a building, room or other area that is pa rt of the premises where ca nnabis is grown, cultivated, stored, weighed, displayed, packaged, or sold to other cannabis businesses with limited access to only authorized personnel.
“Local license” means a license granted by the local licensing authority pursuant to Chapter 5.88 of this code.
“Local licensing authority” means the city manager or designee. “Medicinal and Adult-Use Cannabis Regul ation and Safety Act” or “MA UCRSA” means D ivision 10 of the California Business and Professions Code.
“Outdoors” means any location within the city that is not within an enclosed locked structure. “Residential zone” means any zoni ng district listed in Division II of this title wher e any residential use other than a “caretaker’s residence” is permitted by right. “State law(s)” shall mean and include Califo rnia Health and Safety Code Sect ion 11362.5 (Compassionate Use Act of 1996); California Health and Safety Code Sections 11362.7 t o 11362.85 (Medical Marijuana Program Act); MAUCRSA, and all other applicable laws an d regulations of the state of California.
“Youth center” means any facili ty 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)
9.108.040 Conditional use permit required.
A. Where one or more types of cannabis bus inesses are listed as a conditionally permitted use in a zoning district in Division II of this Tit le 9 of the code, a cannabis business of the type conditionally permitted in the subj ect zone may only operate after obtaining a cond itional use permit pursuan t to this ch apter and Chapter 9.72 of this co de. No person may o perate any cannabis business that is a conditio nally 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 chapt er, 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 community development director city planner is a uthorized to make policies and procedures consistent with the intent and spirit of this chapter concer ning 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 gove rn and a pply to conditional use permits for cannabis businesses applied for or obtaine d 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)
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9.108.050 Conditional use permit application.
A. All applications for a conditi onal use permit shall be filed with the community development director city planner on the official form supplied by the city and shall be accompa nied by the applic ation fee established by resolution of the city council, as may be amended from time to time.
B. An a pplication for a conditional use permit shall includ e, but shall n ot be limited to, the following information:
1. Proof that the applicant has received a local license for the proposed premises, and the local license is in good standing, or a statement that the applicant is applying for a local license for the proposed premises concurrently with the conditional use permit application.
12. Confirmation that the proposed premises is not currently permitted by the state or coun ty for the production of non-cannabis infused food products.
23. The address of the proposed cannabis business.
34. A site plan and floor plan of the cannabis business denoting all the use of areas of the cannabis business, including storage, e mployee areas, exterior lighting, restrooms, security cameras, areas of ingress and egress, signage, limited access areas, and restricted access areas, if included.
45. Plans and spe cifications for the interior of the proposed premises if the building to be occ upied 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.
56. The name and address of the person that owns the real property upon which the cannabis business is to be o perated. In the event the a pplicant does not legally own the property, the application must be accompanied by a not arized acknowledgement from the person that owns the pro perty that a c annabis business will be operated on his or her property.
67. A description of the design of the proposed premises evidencing t hat the design conforms to app licable city laws.
78. For a Cultivation Site or Manufacturing Site.
a. An environmen tal plan indic ating how cultiv ation and/or manufacturing will be conducted in accordance with state and local laws related to hazardous mater ial disposal, land conversion, grading, electricity usage, water usage, and agricultural discharges. b. An emergency response plan which complies with Title 8 of this code and California Fire Code Sec tion 401, and sets out standard ope rating procedures to be followed by all ind ividuals in case of a fire, chemical release, chemical spill, or other emergency.
ac. A description of the source of power (electric utility company, solar, diesel generators), t he size of the electrical service or system, and the tot al demand to be placed on the system by all proposed uses on - site.
bd. 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.
ce. For a manufactur ing site, a report from a pr ofessional engineer that details the t ype of equipment that will be used to extract ca nnabinoids from cannabi s. If flammable gas, flammable liquefied gas, flammable and combustible liquids, or co mpressed carbon dioxide (CO 2) are used for extraction, then the report must certify t hat only close d-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. df. For a manufacturing site, a separate diagram of any room where extraction occurs that de tails the location of the extraction equipment, areas of ingress and egress, emergency eye-wash station, any other
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fire suppression or eme rgency equipment required by Titl e 8 of this code, city and Califo rnia building codes, fire codes, electrical codes and all other applicable laws.
9. A statement in writing by the applicant that he or sh e certifies under penalty of perjury that all the information contained in the application is true and correct.
10. Authorization for the community development director city planne r to seek veri fication of the information contained within the application.
11. Any s uch additional and further information as is de emed necessary by the community development director city planner to administer this section or this chapter.
C. The community development director city pla nner and appropriate city staff shall review, verify and investigate al l information on the applicat ion and prepare a report for the planning commission incorporating the findings of such in vestigation and verification, including, but not lim ited to, the suitability of the proposed location, and the applicant’s compliance wit h the requir ements of this chapter, Chapter 5.88 and Chapter 9.72.
(Ord. 801 § 3, 2017)
9.108.060 Findings for approval or denial of conditional use permit.
A. The planni ng commission shall not hold a pu blic hearing on or approve any application for a conditional use permit to operat e a cannabis business unless the applicant holds a local license in good standing.
B. In a ddition to the findings set forth in Section 9.72.01 0 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 operation s as conducted therein, fully com ply with all a pplicable building, electrical, zoning and fire code s, 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 req uired 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 i mposed as conditions of approval in the conditional use p ermit; and
3. The cannabis busine ss will be located in a zo ning district where cannab is businesses of the type proposed are conditionally permitted, and all of the applic able 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 t o an excessive concentration of dispensaries and/or result in a need for additional law enforcement resources.
C. The planning commission may deny an application for a conditional use permit if it determines that one or more of the findings required by Section 9.72.010 or subsection B of this section for the granting of a conditional use permit cannot be made.
D. Based on the information set forth in the appl ication and city staff’s report and testimony pr esented at the public hearing, the planning commissi on may impose reasonable terms and conditions on the proposed cannabis business in ad dition to those specified in and required to be included in every conditional use permit granted under this chapter.
(Ord. 801 § 3, 2017)
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9.108.070 Locational requirements.
A conditional use permit for a cannabis bus iness shall not be approved unless the proposed cannabis business w ill be located in a zoning di strict in which cannabis bus inesses of the type pr oposed 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 ca nnabis business proposed are satisfied:
A. Dispensaries. No dispensary shall be or located:
1. Within six hundred feet of a school, day-care center, or youth center; or
2. Within two hundred fifty feet of East Palm Canyon Drive or 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(K).
B. Cultivation, Manufacturing and Dist ribution Sites. No cultivation, ma nufacturing, or distr ibution site shall be located:
1. Within six hundred feet of a school, day-care center, or youth center; or
2. Within three hundred feet of a residential zone; or
3. Within two hundred fifty feet of East Palm Canyon Drive.
C. All distances specified in this section shall be measured in a straight line, without regard to intervening structures or topography, from the nea rest point of the building or structure in which the cannabis business is, or will be located, to the following locatio ns, or until the city limit is reached. If the cannabis business i s, 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 sc hools, day-care centers and youth centers, shall be measured to th e nearest property line of the parcel where such use is located.
2. Setbacks from East Palm Canyon Drive shall be measured to the nearest edge of the right -of-way for East Palm Canyon Drive.
23. 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)
9.108.080 Conditions of approval.
A. All Cannabis Businesses. Every can nabis 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 insi de the cannabis bus iness that is distinctive to its operation is n ot detected outside the cannabis business, an ywhere on adjacent propert y or public rights -of-way, on or about any exterior or interior co mmon area walkways, hallways, breeze -ways, foyers, lo bby areas, or any other areas available for common u se 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 ma intain 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 co ntrol that prevents internal odors from being emitted externally; or
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b. An air system that creates negative air pressure between the cannabis businesses’ inter ior and exteri or 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 ci ty harmless from any and all claims, damages, legal or enforcement actions, including, but not limited to, any a ctions or claims associat ed with violation of federal law associated with the operation of the cannabis busine ss; defend, at its sole e xpense, any action against the city, its agents, officers, an d employees re lated 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 t he city may be required to pay as a result of any legal challenge (or federal enforcem ent action) r elated 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 add itionally insured on all city-required insurance policies.
3. All windows on the premises of the cannabis busi ness shall be appropriately secure d and cannabis securely stored.
4. All cannabis busi nesses shall c omply with the city’s lighting standards including, without limitation, fixture type, wattage, illumination levels, shielding, and secure the necessary a pprovals 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.
6. From a public right -of-way, there sh ould be no exterior evidence of the cannabis business e xcept for any permitted on-site signage.
B. Manufacturing Sites. Every conditional use permit for a m anufacturing site shall include th e 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 t he applicant and shall not exceed the square footage authorized pursuant to the conditional use permit.
3. If hazardous materials, flammable gas, fla mmable liquefied gas, flammable and combustible liquids, or other flammable material, as those terms are de fined in CFC Section 202, are to b e used in the processing of cannabis, then the provi sions of CFC S ection 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 g ases in compre ssed 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 residu al gases shall be considered as full for the purposes of the co ntrols required. Compressed gases classified as hazardous materials shall also comply with CFC Chapter 50 f or general requirements and CFC Chapter 53 addressing specific hazards, including CFC Chapter 58 (Flammable Gases), CFC Chapter 60 (Highly Toxic and Toxic M aterials), CFC Chapter 63 (Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids) and CFC Chapte r 64 (Pyrophoric Materials). Pr evention, control and mitigation of dangerous condition s related to s torage, 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 Industri al Moderate-Hazard) Occupancy under the Fire Code. All new constru ction is required to be fire sprinkled per the Fire Code. For manufactu ring sites
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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:
a. A Group F-1 fire area exceeds twelve thousand square feet. b. A Group F-1 fire area is located more than three stories above grade plane. c. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds twenty- four thousand square feet.
C. Cultivation Sites. Every con ditional use permit for a cultivation site shall include the follo wing 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 submi tted 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 electr ical system in such a reas must comply with Title 8 of this code, A rticle 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 cu ltivation sites that will be sited in an existing str ucture, an automatic sprinkler system shall be provi ded throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists:
a. A Group F-1 fire area exceeds twelve thousand square feet. b. A Group F-1 fire area is located more than three stories above grade plane. c. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, e xceeds twenty- four thousand square feet.
D. Distribution Sites. Every conditional use permit for a distribution site sha ll include the fo llowing 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 produc ts shall only occur in the areas shown on the floor plan submitted by the applicant, and shall not exceed the square footage authorized p ursuant to the conditional use permit.
(Ord. 801 § 3, 2017)
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 pu rsuant to this chapter or the operation of any cann abis business approved for such permit pursuant to this chapter.
(Ord. 801 § 3, 2017)
9.108.100 Inspections.
A. Recordings made by security cameras at any cannabis business shall be made immediately available to the community development director city planner upon verbal request for the purpo ses of det ermining compliance with this chapter and the cannabis business’ conditional use permit.
B. The community development director city planner shall have the right to enter all canna bis businesses from time to time unannounced for the pu rpose of mak ing reasonable insp ections to o bserve and enforce co mpliance with this chapter and the cannabis business ’ conditional use permit. Such inspections shall be limited to observing the premises for purposes of determining whether the cannabis
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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 t he city who are conducting inspections or investigations relevant t o the enforcement o f this chapter. No applicant or permittee shall by any means i nterfere 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)
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 viol ation of this code, and a public nuisance. The city may seek to remedy such violations by any means p rovided for in law or equity, i ncluding but not limited to the enforcement mechanisms and remedies provided for in Title 13 of this code, or take action to revoke the con ditional use permit pursuant to Section 9.72.130.
(Ord. 801 § 3, 2017)
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Chapter 9.110
EXTREME BODY MODIFICATION FACILITIES
Section:
9.110.010 Extreme body modification facilities.
9.110.010 Extreme body modification facilities.
The establishment and/or operation of extreme body modification facilities as defined by Chapter 5.34 of thi s code shall be prohibited in all zone classifications. No permit or any other appl icable license o r 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)
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Chapter 9.112
PROHIBITION OF ATTENDED AND UNATTENDED COLLECTION DONATION BINS
Sections:
9.112.010 Collection donation bins defined.
9.112.020 Collection donation bins prohibited.
9.112.010 Collection donation bins defined.
As used in this chapter, “colle ction 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 solicitin g and collecting of or reverse vending of donation c ollections of any kind, including, but not limited to, furniture, household items, ap pliances, books, clothing, shoes, or other salvageable personal property.
(Ord. 764 § 1, 2015)
9.112.020 Collection donation bins prohibited.
The installation, establis hment and/or o peration of attended and unattended collection donation bins shall be s trictly prohibited in all zone classif ications. No permit or any ot her applicable lice nse or entitlement for use, inclu ding, but not limited to, the issuance of a business license, shall be a pproved or issued for the establishment or operation of attended or unattended collection donation bins within city limits.
(Ord. 764 § 1, 2015)
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Chapter 9.114
ACCESSORY DWELLING UNITS
Sections:
9.114.010 Purpose and intent.
9.114.020 Definitions
9.114.030 Administration
9.114.040 Approval
9.114.050 Development Standards
9.114.060 Junior Accessory Dwelling Unit (JADU) Development Standards
9.114.010 Purpose and intent.
The purpose of this chapter is to allow and establish standards for accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Gov ernment Code Sections 65852.2 a nd 65852.22.
9.114.020 Definitions.
“Accessory dwelling unit” or “ADU” means an attached or detached residential dwelling unit that is no less than 150 square feet, provides complete independent living facilities for one or more persons and is lo- cated on a lot with a proposed or existing primary residence. It shall include permanent provision 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:
1. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and
2. A manufactured home, as defined by Section 18007 of the California Health and Safety Code. “Accessory structure” m eans a structure that is accessory and incidental to a dwelling located on the same lot.
“Cooking appliance” means any appliance capable of cooking food, including a range, stove, oven, or microwave, but not including a toaster or electric kettle. “Cooking”, “cooking facility” or “cooking facilities” means an area containing at minimum a refrigera- tion appliance, a kitchen sink, and cooking appliance eac h having a clear working space of not less than 30 inches.
“Junior accessory dwelling unit” or “JADU” means an ADU that is no less than 150 square feet and no more than 500 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.
“Living area” means the interior habit able area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
“Owner” means the property owne r on the latest equalized property tax assessment ro ll. If the owner is not a natural person or group of natural persons (e.g. the owner is a trust or corporation), then the owner(s) shall designate a natural person for the purpose of satisfying the owner occupancy requirements set forth in Section 9.114.060. The owner(s) designated natural person(s) shall r eside on-site and shall have authority to bind the owner in all matters related to the site, and shall not pay rent or other compensation, nor provide services to the owner.
“Owner-occupied” means an owner currently resides on the property in either the primary dwelling unit, ADU or JADU, if both exists.
“Primary dwelling” or “primary residence” means an existing one-family dwelling, the larger of two proposed dwellings, or a multiple-family structure.
“Proposed dwelling” means a dwelling that is the sub ject of a perm it application and that meets the re- quirements for permitting.
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“Public transit” means a location, including, but not limited to, a bus stop or train station, where the pub- lic may access bus es, trains, subways, and other forms of transportati on that charge set fares, run on fixed routes, and are available to the public.
“Sanitation” or “Sanitation facilities” means a toilet, sink and bathtub or shower. “Sleeping” means an area dedicated to sleeping that meets the Building Code requirements for habitabil- ity.
“Tandem parking” 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.
9.114.030 Administration.
A. Accessory dwelling units shall be permitted t hrough 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 ac companied by the appropriate fee established by resolu- tion 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 he aring. The building permit application shall be acted upon within 60 days from receipt of a completed application if there is an existing single -family or multiple-family dwelling on the lot . If the appli cant requests a delay, the 60 -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 ap- plication to create a new single -family dwelling on the lot, the building permit shall be acted upon concur- rently with the permit application to create the new single-family dwelling.
C. 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 condi- tion means a physical improvement on a property that does not conform with current zoning standards.
D. Building permits issued in compliance with this section shall expire and become null and void 1 2 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.
E. The City shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.
9.114.040 Approval
A. The City sh all 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 ti- tle.
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 ri ght or with a conditional use permit, and includes a proposed or e xisting primary dwelling. Accessory dwelling un its are a residential use that is con- sistent with the existing general plan and zoning des ignation for the lot. An accessory dwelling unit shall not be construed as causing the lot to exceed its allowable density.
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2. Building codes. The accessory dwelling unit shall comply with state building standards for dwell- ings. Accessory dwelling units are not required to provide fire sprinklers unless they are required for the primary residence.
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. The accessory dwelling un it shall not exceed sixteen (16) feet in height or m ore than one story.
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 (4) feet.
c. Rear. A minimum setback of four (4) feet.
d. No setbacks shall be required for an existing , legally permitted living area or accessory struc- ture that is converted to an accessory dwelling unit except as required by the building code for fire and safety purposes.
6. Lot coverage. All new accessory dwelling units shall conform to the lot coverage requirements of the underlying zoning district in whi ch the accessory dwelling unit is located, except wh ere the ap- plication of the lot co verage requirements would not permit construction of an 800 sq uare foot ac- cessory dwelling unit that is 16 feet in height with a minimum of four -foot side and rear yard se t- backs from the property lines.
7. Landscape. For an accessory dwelling unit involving new constructio n, landscaping shall be in- stalled that is consistent with the existing or proposed landscaping surrounding the primary resi- dence, and such landscaping shall be consistent with the requirements of Chapter 8.57 for water ef- ficiency.
8. 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 dimensio ns of the existing structure is permitted, except th at an expansio n of up to 150 square feet may be included solely for the purpose of accommodating ingress and egress.
9. Access. The accessory dwelling unit shall have an independent exterior access/entrance, apart from that of the primary dwelling . The ADU entrance must be located on the side or rear building eleva- tion, not facing a public right-of-way.
10. Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. A passageway is a pathway that is unob structed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
11. Number of Uni ts. The following number of access ory dwelling units shall be allowed as follows, provided that each unit complies with state building standards for dwellings:
a. Single-family lot. A maximum of three (3) units, including the primary dwelling, shall be a l- lowed.
i. One (1) JADU.
ii. One (1) ADU.
b. Multiple-family lot.
i. The total number of accessory dwelling units that are within the portions of an existing mul- tiple-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 25% of the existing multiple family dwelling units, provided that at least one such ADU shall be permitted.
ii. Two detached accessory dwelling unit s shall be approved that are located on a lot that has an existing multiple-family dwelling, provided that the units are no higher than 16 feet and meet a 4-foot rear and side yard setback.
iii. JADUs are not permitted.
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12. Unit size. The maximum total f loor area of any new accessory dwelling unit shall not exceed the following:
a. New detached. 850 square feet for a studio or 1 -bedroom unit and 1,000 square feet for a unit with more than 1 bedroom. No more than two bedrooms are allowed. b. New attached. 850 square feet for a studio or 1 -bedroom unit and 1,000 square feet for a unit with more than 1 bedroom, or fifty (50) 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 siz e requirements. The conversion of a portion of the e xisting primary resi- dence may not exceed fifty ( 50) percent of the floor area of the primary dwelling or 1,000 square feet, whichever is less.
d. A co vered balcony, porch or patio provided wi th an acces sory dwelling unit shall count to- wards the total floor area.
13. Parking.
a. One new parking space per accessory dwelling unit or per bedroom, whichever is less, shall be required, except as provided in subparagraph (c) below. Off-street parking shall be permitted in setback areas or through tandem park ing 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 covere d parking stru cture 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 f or any accesso ry dwelling unit in the following in- stances:
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 accesso- ry dwelling unit.
v. When there is a car share vehicle located within one block of the accessory dwelling unit.
14. Septic and Sewer. All accessory dwelling units shall be connected to the public sewer system unless an exemption is granted pu rsuant to Chapter 8.50. If there is no “available pu blic 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.
15. Utilities. For detached accessory dwelling units, excluding those that are within the space of an ex- isting accessory structure, the City may require a new or separate utility connection directly between the accessory dwelling unit and the utility.
16. Ownership and Occupancy. An accessory dwel ling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence. An ac- cessory 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 dwell- ing unit before it issues a certificate of occupancy for the primary dwelling.
9.114.060 Junior Accessory Dwelling Unit (JADU) Development Standards A. All junior accessory dwelling units must comply with th e standards in this Section. For JADUs that are subject to the development standards in Section 9.114.050, to the extent that there is an y conflict between those standards and the standards in this Section, the standards in this Section shall take prece-
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dence.
1. One (1) 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 lot with a junior accessory dwelling unit must be owner-occupied. The owner may live in either the junior accessory dwelling unit or the primary dwelling. If the owner fails to comply with this requirement, the City may require the junior accessory dwelling unit be returned to its original use.
This requirement shall not apply if the owner is a governmental agency, a land trust, or housing or- ganization.
6. A deed restriction that runs with the land shall be recorded and a copy filed with the City that in- cludes 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 500 square feet.
7. Additional off-street parking is not required for a junior accessory dwelling unit.
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City of Cathedral City
Public Hearing Notice
Notice of Availability for Public Review
and Environmental Determination
Notice is hereby given that the Cathedral City City Council will hold a Public Hearing on the following:
CASE(S) APPLICANT/REPRESENTATIVE
Housing Element Update (GPA No. 20-001) City of Cathedral City 2040 General Plan Update (GPA No. 18-002)
Change of Zone No. 21-001
Zone Ordinance Amendment No. 22-002
PROPOSAL
Following the City Council approval of the General Plan and Housing Element Updates, associated changes to the official Zoning and General Plan Maps of the City and amendments to the Cathedral City Municipal Code (CCMC) are required. Additional minor amendments to the CCMC are also proposed.
ENVIRONMENTAL DETERMINATION
A Final Environmental Impact Report (FEIR) was certified for the 2040 General Plan Update , a Negative Declaration was adopted for the Housing Element Update, and the proposed additional minor amendments to the CCMC are exempt from the California Environmental Quality Act (CEQA) per CEQA Guideline s 15061(b)(3) on the grounds that it can be seen with certainty that these amendments do not have the potential to cause significant environmental impacts.
All information regarding the proposed project is available for public review at the City of Cathedra l City Civic Center, Planning Department, 68 -700 Avenida Lalo Guerrero during regular business hours (Monday through Friday, 8:00 AM - 4:30 PM). If City offices are closed due to COVID -19 restrictions, please contact the project planner below to review the project.
PLACE OF HEARING DATE AND TIME OF HEARING
Cathedral City Civic Center August 24, 2022 at 5:30 PM Council Chamber
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Any person may appear at the hearings and be heard in support of, or opposition to, the proposed project or environmental determination.
The City Council, at the public hearing or during deliberations, may approve, deny, or propose changes to the project or to the environmental determination.
If you challenge any of these items in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence. Please send all correspondence to the Project Planner at:
Robert Rodriguez, Director of Planning/Building
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
(760) 770-0344
NOTE: In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact the Planning Department at (760) 770-0340. Notification 48 hours prior to the meeting will enable the City to make reasonable accommodations to ensure accessibility to this meeting. {28 CFR 35.104 ADA TITLE II}
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Staff Report
City Council
Item No. 7.A
Meeting Date: August 24, 2022
From: Tracey Hermosillo, City Clerk
Title: Appointment to Planning Commission
City Council
RECOMMENDATION:
Make an appointment to the Planning Commission with a term continuing to June 30, 2023.
BACKGROUND:
The Planning Commission currently has one vacant seat with a term expiring on June 30, 2023.
DISCUSSION:
The vacanc y on the P lanning Commission was posted as required by Government Code 54974.
Staff received three applications for the Planning Commission. C ouncil conducted interviews during the Study Session Meeting on August 24, 2022.
Staff recommends the City Council make an appointment to the P lanning Commission to fill one vacant seat with a term continuing to June 30, 2023 based on the applications and conducted interviews.
FISCAL IMPACT:
There is no fiscal impact.
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Staff Report
City Council
Item No. 7.B
Meeting Date: August 24, 2022
From: Deanna Pressgrove, Environmental Conservation & Public Works Manager
Title: Century Park Renovation Project
City Council
RECOMMENDATION:
Authorize the City Manager to ex ecute the documents required for the refurbishing of the existing Century Park playground equipment and replacement of the playground soft surface topcoat by Miracle Recreation Company, in the amount of $116,834.35; and, purchase and install a USA Shade & Fabric Structures, Inc. shade structure to cover the playground in the amount of $110,824.03; and Authorize the Director of Engineering/Public Works and Administrative Services Director to execute all required quotes and proposals for the labor and materia ls to complete the Project including tables, benches, and grills in the amount of $25,034.79 and the replacement of the shade structures roofing systems in the amount of $21,382.00, respectively, for a Project total of $301,482.69, which includes a 10% con tingency for unforeseen construction related expenses all to be funded from FY 2021 -22 and 22 -23 Parks Improvement and Maintenance Plan, Environmental Conservation Fund 246 and current FY Park Maintenance Budget 100-8301.
BACKGROUND:
Century Park opened July 4, 1990 is located is the northeastern portion of Cathedral City south of Interstate 10, and more specifically at the northwest intersection of Century Park Drive and DaVall Drive, ¾ of a mile north of Ramon Road within the Century Park Neighborhood. A portion of Century Park is allocated to a retention basin that serves the Century Park Neighborhood’s and regional pass-through storm waters.
This 5-acre park currently includes the following amenities:
• Women and men’s restrooms.
• 1 tot lot play structure area.
• 1 tennis court.
• 1 baseball field (located within a retention basin).
• 1 large shade structure with picnic tables and BBQ stand.
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• 3 medium shade structures with picnic tables and BBQ stands per unit.
14 years after the park was opened, in June of 2004, Cathedral City spent $103,000 to replace the tot lot play equipment and install rubberized soft-surfacing.
In the Spring of 2022, the tot lot play structure slide was vandalized beyond repair and needed to be replaced. An evaluation of replacing the slide included an evaluation of the other components that make up the tot lot play equipment with overall safety in mind. Staff determined in this evaluation that the other components of the tot lot play equipment needed replacement as well . Additionally, Staff reviewed other amenities around the park in general and determined that the existing tables, benches, and grills need to be replaced and the existing shade structures roof systems over the existing picnic areas need to be replaced.
As part of the approved Budgeted FY 202 1-22 and 2 2-23 Parks Improvement and Maintenance Plan, Staff is bringing forward these Critical Maintenance and Park Upgrade Projects , which include the tot lot soft surfacing topcoat replacement, tot lot play equip ment re furbishing, the installation of a new shade structure over the tot lot play equipment, and the replacement of the existing deteriorating shade structure roof systems over the picnic areas for approval in this Staff Report. Staff is proposing to incorporate the other above cited repairs and/or replacements with th e following proposed work.
DISCUSSION:
Century Park Play Equipment and Soft Surfacing
Public Works Staff has been working with Miracle Recreation Company (Miracle) , the playground supplier that installed the original tot lot play equipment at Century Park in 2004 and the tot lot play equipment at Panorama Park, on costs for either upgrading the existing Century Park tot lot play equipment or replacing it completely with new equipment. Note: Miracle has a cooperative contract with Sourcewell , which is a centralized procurement/service in which federal/state/local government agencies can directly purchase items/equipment , knowing that the prices quoted are the lowest available from large procurement bids.
Staff received a $180,000 quote for the replacement of the tot lot playground equipment and repair of the rubber soft surfacing topcoat. Even at cooperative purchasing prices, Staff chose a more conservative option to refurbish the existing tot lot equipment to achieve the same overall goal for a significant savings. The Project will include the refurbishment of the play equipment, which is the process of replacing all the tot lot play equipment decks, stairs, and tot lot play components, leaving the posts and footings in place and replac e the existing pour -in-place rubber surfacing topcoat with new ½” surfacing made from recycled tires for a cost of $116,834.35.
As the existing tot lot posts and foundations will remain in place , and before the installation of the new decks, sta irs and play comp onents, the posts will be repainted.
The existing swings and freestanding climber will be repainted and not replaced.
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Refurbish the play structure and repair the soft
surfacing topcoat
$116,834.35
Miracle’s quote attached to this Staff Report and includes paying prevailing wages for the installation.
Century Park Shade Structure
Public Works Staff is working with USA Shade & Fabric Structures , Inc. (USA Shade) which is the company that installed the shade structures at Ocotillo Park, Amphitheater and Panorama Dog Park. USA Shade also has a cooperative contract with Sourcewell.
Staff is proposing to install a super span pyramid multi -level multi-panel shade structure over the Century Park tot lot play equipment. This is proposed to be the same style that is currently located over the children’s play equipment at Ocotillo Park. The plus in moving forward with this multi-level multi-panel shade structure is the appeal of the aesthetics and its maintenance friendly design. I f vandalism or deterioration of a single shade panel occurs, the city will only be replacing the specific panel and not the entire shade covering.
This shade structure will cover only the tot lot play equipment and not the swings or the free-standing climber at the south and north ends, respectively. These latter two pieces of playground equipment currently receive shade from the nearby tre es and restroom structure.
Install a new shade structure over play equipment $110,824.03
USA Shade quote is attached and includes paying prevailing wages for installation.
Century Park Picnic Tables, Sitting Benches and Grills
After Public Works Staff’s assessment of Century Park’s existing picnic tables , sitting benches and BBQ grills, Staff determined that the se would need to be replaced based on their condition s and lack of repairability. The proposed picnic tables and benches are made from a recycled material and are the same type of tables and benches currently located at Panorama Park.
Replacement of Existing Shade Structure Roof Systems
Facilities Staff invited contractors to bid on replacing the existing significantly deteriorated shade structures roofing systems currently over the picnic areas. The city received four proposals ranging from $21,382 to $31,375. Staff recommends accepting the proposal from Castro Roofing in the amount of $21,652.
Install new picnic tables, benches $23,534.79
Replace BBQ Grills $1,500.00
Shade structures roof systems replacement $21,382.00
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Contingency
In addition, Staff is requesting that a 10% contingency in the amount of $27,407.52 be included in the overall Project cost for unforeseen construction related expenses.
Future Park Improvement Plans for Century Park
The following is a list of Century Park projects that are include d within the approved Budgeted FY 2021-22 and 22-23 Parks Improvement and Maintenance Plan . At future Council dates, Staff will be presenting the following for approval:
1. Tennis Court: repair court fencing, repair and restripe tennis court surfaces.
2. Install additional lighting in park area.
3. Install pilot pickleball court.
FISCAL IMPACT:
The followi ng summary identifies the funding sources for the various project components:
Improvement &
Maintenance Category
Proposed Budget
Improvements
Account
Critical Maintenance $74,629.35 235-511-8802
Park Upgrades $132,206.03 100-511-8802
Park Maintenance Budget $1,500 261-511-8301
Environmental 246 Fund $65,739.79 246-911-8301
Subtotal $274,075.17
10% Project Contingency $27,407.52 From applicable fund above
Century Park Renovation
Project Total
$301,482.69
As shown above, the Critical Maintenance and Park Upgrades are listed in the Budgeted FY 2021 -22 and 22 -23 Park s Improvement and Maintenance Plan in the amount of $206,835.38.
The BBQ grill replacements will be funded from the current FY Park Maintenance Budget 261-511-8301 in the amount of $1,500.
Supplementing this budget, Environmental Fund 246 in the amount of $65,739.79 is eligible to be utilized to pay for the repair of the rubber ized soft surfacing topcoat (made from CA recycled tires) and the table and bench purchases (all recycled materials).
ATTACHMENTS:
MREC 2464 Century Park - Cathedral City - Miracle Refresh (1) USA Shade Proposal - Century Park Playground Shade Structure 2022_08_11 08-29 MPS 177 Century Park - Cathedral City - Tables and Benches
7.B
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Cathedral City Page 5 of 5 Printed on 8/23/2022
Castro Roofing Estimate - Century Park
7.B
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Century Park -
Cathedral City -
Miracle Play Structure
7.B.a
Packet Pg. 428
Attachment: MREC 2464 Century Park - Cathedral City - Miracle Refresh (1) (3358 : Century Park Renovation Projects)
7.B.a
Packet Pg. 429
Attachment: MREC 2464 Century Park - Cathedral City - Miracle Refresh (1)
7.B.a
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Attachment: MREC 2464 Century Park - Cathedral City - Miracle Refresh (1) 4'
DECK
7145109
TRANSFER
POINT
71485149
AD
A
S
T
AIRS
2' RISE EXT
7149599E
6'
7145019
BACKTRACK
CLIMBER
7146786
855
TYPHOON SLIDE
DOMED
W
A
VE
71476969U
W
A
VE
W
ALKER
7146124
TRIPLE PL
A
Y
ROOF
7148663
8' BE
L
T
SE
A
T
W/CHAIN
2840
8' BE
L
T
SE
A
T
W/CHAIN
2840
8' BE
L
T
SE
A
T
W/CHAIN
2840
8' BE
L
T
SE
A
T
W/CHAIN
2840
GROOVE II
SLIDE VO
R
TEX
7146384U
CLIFF CLIMBER
714719
KC O
V
AL/SQUARE PERF
P
ANEL
71471314
3.5 "
ARCH SWING
-
(2 SE
A
T
REQ'D)
MR0930
3.5 "
ARCH SWING
-
ADD
-
A
-
B
A
Y
(2 SE
A
T
REQ'D)
MR0932
CAME
L
BACK
CLIMBER
4482
8'
GROUND S
P
ACE:
PROTECTIVE
AREA:
DR
A
WN B
Y
:
D
A
TE:
PHONE NO:
F
AX NO:
COMPLIES
T
O
ADA
COMPLIES
T
O
ASTM/CPSC
T
o promote safe and proper equipment use
by children. Miracle recommends the
installation of either a Miracle safety sign or
other appropriate safety signage near each
playsystem's main entry point(s) to inform
parents and supervisors of the age
appropriateness of the playsystem and
general rules for safe pla
y
.
THE PL
A
Y
COMPONENTS IDENTIFIED IN
THIS
PLAN
ARE IPEM
A
CE
R
TIFIED.
THE USE
AND
L
A
YOU
T
OF
THESE COMPONENTS CONFORM
T
O
THE REQUIREMENTS OF
ASTM F1487.
AN ENERG
Y
ABSORBING PROTECTIVE
SUR
F
ACE IS REQUIRED UNDER &
AROUND
ALL
PL
A
Y
SYSTEMS
(877) 215
-
3869
Cathedral Cit
y
, CA
Century Park
R0036_44700307260
(800) 264
-
7225 x102
Corona,CA
9106 Pulsar Ct
8/4/2022
Bryce Lawrence
85'
-
6" x 50'
-
6"
65'
-
6 "
x 38'
-
0 "
MIRACLE PL
A
YGROUND SALES, INC.
ELE
V
A
TED PL
A
Y
ACTIVITIES
-
T
O
T
AL:
ELE
V
A
TED PL
A
Y
ACTIVITIES
ACCESIBLE B
Y
TRANSFER:
ELE
V
A
TED PL
A
Y
ACTIVITIES
ACCESIBLE B
Y
RAMP:
GROUND LEVE
L
ACTIVIT
Y
TYPE:
GROUND LEVE
L
QUANTIT
Y
:
REQ'D
REQ'D
REQ'D
REQ'D
AGE GROUP:
5 -
12 2
2 3
0 6
5 2
0 5
7.B.a
Packet Pg. 431
Attachment: MREC 2464 Century Park - Cathedral City - Miracle Refresh (1) (3358 : Century Park Payment Address
PO Box 734154
Dallas TX 75373-4154
Phone # (800) 264-7225
Fax # (877) 215-3869
[email protected]
www.miracle-recreation.com
Estimate NumberMREC 2464
Estimate Date Jul 20, 2022
Expiration Date Nov 9, 2022
Customer City of Cathedral City
Name Deanna Pressgrove
Phone (760) 770-0369
Email [email protected]
Sales Rep Charlotte Smith
Email [email protected]
Payment Terms Net 30
Project Name
Century Park - Cathedral City - Miracle Play Structure
$3,112.67
Description Quantity Total
MREC 5-12
Miracle Refresh of Existing Play Structure with Swings
and
Freestanding Climber to Remain. Drawing Number
R0036_44700307260
1 $35,573.40
$35,573.40
Sales Tax 8.75%
Product Total $38,686.07
Description Quantity Rate
Freight Miracle
Shipping and Handling Charges for Miracle Recreation Equipment. All prices are FOB Monett MO.
1 $3,111.00
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Packet Pg. 432
Attachment: MREC 2464 Century Park - Cathedral City - Miracle Refresh (1) (3358 : Century Park Renovation Projects) $0.00
Mobilize Equipment and Materials 1 $1,776.75
Demo and Dispose of Existing Equipment (Swing and Freestanding Climber to Remain and be Painted)
1 $7,462.35
Prep and Paint Existing Posts 1 $6,489.00
Installation Only of Miracle Recreation Equipment per
Drawing R0036_44700307260. To be installed per Manufacturer's speci cations by a Miracle certi ed Installer
1 $17,104.18
PREP EXISTING POUR IN PLACE RUBBER SURFACING AND RETOP
AREA WITH NEW 1/2" WEAR COURSE. APPROXIMATELY 3,670 SQFT. 50/50 BLACK AND STANDARD COLOR WITH AROMATIC BINDER.
**NOTE BY PROVIDING A RETOP TO EXISTING SURFACING WILL
NOT GUARANTEE PASSING HIC TEST RESULTS**
1 $42,205.00
$78,148.28
All Pricing Per State Prevailing Wage
Tax
Shipping, Handling and Non Taxable Services Total $78,148.28 Pricing based on Miracle Recreation's Sourcewell contract #01521-LTS (formerly known as NJPA) Grand Total $116,834.35
NOTES AND EXCLUSIONS:
• This estimate shall not become binding until signed and returned for approval. • A signature indicates acceptance of all terms, conditions, and prices listed. • A signed quote will not substitute for a Purchase Order if one is required by the Customer. Make purchase orders out to Miracle Recreation.
• Exclusions: All Unloading, Storage, Installation, Site Work, Fees & Permits, outside of the quoted above. • Footing calculations for playground equipment can be added for an additional fee if required • All signed quotes and/or purchase orders should be emailed to [email protected] or faxed to 877-215- 3869. Hard copies can be mailed to Miracle Playground Sales 9106 Pulsar Ct Suite C Corona, CA 92883
7.B.a
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Attachment: MREC 2464 Century Park - Cathedral City - Miracle Refresh (1) (3358 : Century Park Renovation Projects) THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. Miracle objects to any other terms proposed by the customer in writing or otherwise, as material alterations, and all such terms shall be void. The customer authorizes Miracle to ship the equipment and pay Miracle the total amount specified. Shipping terms are FOB the place of shipment via a common carrier designated by Miracle. The customer agrees to pay all additional service charges for past due invoices per the terms listed above. The customer must provide proper tax exemption certificates to Miracle and promptly pay and discharge all applicable taxes, license fees, levies, and dismiss other impositions on the equipment at its sole expense.
7.B.a
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Attachment: MREC 2464 Century Park - Cathedral City - Miracle Refresh (1) (3358 : Century Park Renovation Projects) All installation services quoted above are by ORTCO, INC.
License #657695
DIR #1000001641
Ortco is a factory-certified installer for Miracle Recreation Equipment Company and Poligon. • ALL UNDERGROUND UTILITIES MUST BE CLEARLY MARKED.
• ANY DELAYS DUE TO UNMARKED UNDERGROUND UTILITIES WILL BE AN ADDITIONAL CHARGE.
• ANY ADDITIONAL WORK OR DELAYS CAUSED BY UNFORESEEN ROCK CONDITIONS WILL BE CHARGED ACCORDINGLY.
• WHEN REQUIRING CERTIFIED PAYROLL TO BE UPLOADED ON THE DIR WEBSITE,
PLEASE FORWARD YOUR DIR PROJECT NUMBER TO US ALONG WITH YOUR PO
BEFORE COMMENCEMENT OF THE PROJECT SO WE MAKE SURE WE ARE COMPLIANT IN SUBMITTING ALL PAYROLLS IN A TIMELY MANNER.
• DIRECT COST FOR ANY ADDITIONAL INSURANCE ABOVE AND BEYOND 1 MILLION FOR
GL, WC, AUTO, AND UMBRELLA WILL BE CHARGED DIRECTLY TO CUSTOMER, IF REQUIRED BY CONTRACT.
• ALL ITEMS OTHER THAN THOSE SPECIFICALLY QUOTED ABOVE ARE EXCLUDED.
7.B.a
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Attachment: MREC 2464 Century Park - Cathedral City - Miracle Refresh (1) (3358 : Century Park Renovation Projects) WHY MIRACLE ®
7.B.a
Packet Pg. 436
Attachment: MREC 2464 Century Park - Cathedral City - Miracle Refresh (1) (3358 : Century Park Renovation Projects) Miracle brings you the thrills of a lifetime.
Miracle is one of the nation’s fi rst and most innovative playground equipment manufacturers. We fi rst began shaping the future of play in 1927 when our founder Johnnie Ahrens created the Whirl — a tilting, kid-powered merry-go-round — based on the timeless insight that, “Kids want action.” That same inspiration has driven more than 90 years of innovation, including the introductions of the fi rst fi berglass slide (1963), the 25-foot Mega Tower® (2000s), and the Avalanche Inclusive Slide (2015). Our latest advance, the Extreme Generation adventure playground, delivers challenging physical events for kids seeking extreme play. Its design brings play to new heights, with innovative, fully-enclosed skyways that provide elaborate rope-course-inspired activities far above ground, safely adding an element of perceived risk to any play space.
This never-ending dedication to innovation is the reason why, even after more than 90 years, the Miracle legacy remains focused on building yours.
VERSALOK
®
Our clamp design
eliminates the need for
stacking multiple clamps
and features a stainless
steel tamper resistant
fastener.
GATOR GRIP
®
The 3D textured pattern
makes it easy for kids to
make their next moves.
MIRA-THERM™
This textured vinyl
coating for deck surfaces
helps prevent rapid
heat transfer, while the
hole pattern keeps little
fi ngers safe.
COMPOUNDED RESIN
Provides superior strength
and durability, advanced
color fastness and UV
resistance.
The Miracle Advantage
We believe the experience of building a playground should be as intuitive as playing on it. From design, specifi cation, funding, purchasing and installation, we’ll be with you every step of the way. Our customized design process is free because there should never be a charge to dream.
Let’s get you started by envisioning a playground that is meant for your community and right for your budget. It’s why our legacy has always been about building yours.
SAFETY
We’re committed to providing equipment that meets and/or exceeds the performance safety specifi cations established by organizations such as ASTM, CPSC, CSA, CPSIA, IPEMA and EN.
To verify product certifi cation, visit www.ipema.org.
miracle-recreation.com 193
7.B.a
Packet Pg. 437
Attachment: MREC 2464 Century Park - Cathedral City - Miracle Refresh (1) (3358 : Century Park Renovation Projects) Red lime Forest GreenTropical YellowYellow ChartreuseOrange Green lavender Plum BurgundySkyTeal Cyan Blue Cobalt
Beige WhiteBrown light GrayBrownstone GraystoneDark Brown Gray Black (Roofs Only)
Rock-ite® Plastic Colors
Roofs, Slides, Big Timber® Components, Crawl Tubes, Bongos™, Bumpers and Panels.
Mira-lene™ Panel Colors
Red-Sand
Plum-Sand
Beige-Forest
Green
Beige-Red Beige-Gray Gray-Black Black-White White-BlackDark Brown-Sand
Red-Yellow Yellow-Sand Yellow-Blue Orange-SandYellow-Black lime-Sand Forest
Green-Sand
Blue-Sand Blue-Yellow Blue-White Cobalt-Sand
Yellow Forest Green Sand BlackRed Royal Blue
Miracle Swing Seat Colors
Color Choices
Miracle-Recreation.com196 COlOR CHOICES
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Packet Pg. 438
Attachment: MREC 2464 Century Park - Cathedral City - Miracle Refresh (1) (3358 : Century Park Renovation Projects) Red Lime Forest GreenTropical YellowYellow ChartreuseOrange Green WhiteBrownBurgundy Light Gray
Sand
SilverDark Brown Metallic Gray Black
(Posts & Clamps Only)
BeigeLavender PlumAzureTeal Blue Cobalt
Mira-Cote™ Powder-Coated Painted Metal Colors
Posts, Arches, Swings and Accents (Railings & Climbers).
Mira-Cote™ Antimicrobial Painted Metal Colors
This proprietary treatment helps minimize bacterial mold, algae growth and stains.
Yellow Habanero Rainforest Desert Dunes GrayOrange Mediterranean Safari Mahogany White Red Hunter GreenRoyal Blue SandBrown Dark Gray
Mira-Therm™ Textured Colors
Mira-Therm coatings for Decks, Steps, Ramps, Bridges and Cargo Climbers are available in either orthophtalate-free Mira-Therm 2 (vinyl) or Mira-Therm PE (polyethylene)–based coatings with Antimicrobial enhancements.
Miracle® uses high quality materials and state of the art manufacturing processes. Commercial playgrounds and products are subjected to years of environmental and solar exposure. Such extreme exposure takes its toll on paints and pigments, and all colors will fade over time. So Miracle® does not warrant against color fading or discoloration. It is important to properly maintain your playground to ensure its longevity. Depending on environmental conditions at your location, the installation of fabric shade structures may help to delay fading and discoloration.
Actual colors in catalog may vary due to four color printing process. 197 COLOR CHOiCES COLOR CHOiCES
7.B.a
Packet Pg. 439
Attachment: MREC 2464 Century Park - Cathedral City - Miracle Refresh (1) (3358 : Century Park Renovation Projects) Navy Blue Chocolate
Blue
Royal Blue
Red
Cinnamon
Green
Laguna Blue Arizona
Yellow
Turquoise
Desert Sand
Rain ForestTerracotta
Terracotta
White
OliveSunflower Yellow
Desert Sand
Silver
Zesty LimeElectric Purple
Silver
Black
Perforated Diamond
Powder Coat OnlyPowder Coat and Plastisol
BrownBlue CharcoalGreenRed Sand WhiteBlack
Shade Fabric Colors
SHADESURE™ Fabrics Passes: NFPA 701 / ASTM-E84
COLOURSHADE® Fire Retardant Fabrics Passes: NFPA 701 / ASTM-E84 / OSFM TITLE 19 Site Furnishing Colors
Amenities receive a durable color coating that will not rust, crack, peel, or warp. Choose a powder coat color for framework and plastisol coating for table tops, seats, and backs.
Site Furnishing Patterns
Color Choices
Milwaukee
Brown
Recycled Plastic Colors
Cedar
Slat and Rib patterns (not shown)
available in select site furnishing
products.
Miracle-Recreation.com198 COLOR CHOiCES
7.B.a
Packet Pg. 440
Attachment: MREC 2464 Century Park - Cathedral City - Miracle Refresh (1) (3358 : Century Park Renovation Projects) Warranty
Miracle Recreation Equipment Company warrants its products against structural failure due to defects in materials and workmanship for the warranty periods and material categories prescribed below.
Buyer agrees that products sold by Miracle Recreation Equipment Company carry only the following warranties:
1. lIMITED WARRANTY FOR AS lONG AS YOU OWN THE PRODUCT: Aluminum deck posts, steel deck posts, versalok® fastening system, cast aluminum parts, and stainless steel hardware.
2. lIMITED FIFTEEN (15) YEAR WARRANTY: All rigid steel playground components, decks, steps, and weldments, rotationally molded and sheet plastic components, plastic lumber, roof panels, and stainless steel slides, except as otherwise specified below.
3. lIMITED TEN (10) YEAR WARRANTY: Fabric shade steel frames, and Shadesure™ and Colourshade FR fabrics (Note Exception:
limited Five (5) Year Warranty on Shadesure™ fabrics in colors Red, Yellow, Electric Purple, zesty lime, Cinnamon, and Olive.)
4. lIMITED EIGHT (8) YEAR WARRANTY:
• Fiberglass signage, accessible swing seats, precast PolyFiberCrete or precast concrete products. • Play Terrain Synthetic Turf safety surfacing against deterioration of specified attenuation performance and appearance. • Integrated shade fabric and components against rot, Uv deterioration and defects in materials and workmanship (Note Exception: limited Three (3) Year Warranty for fabric in shades of red).
5. lIMITED FIvE (5) YEAR WARRANTY:
• Heavy duty diamond barrier mesh and Kidrox™ Climbing Rocks. • Mira-Therm™ PvC coating and PE coating against cracking or peeling. • Park and Site Amenities (i.e. benches, tables, trash receptacles, etc.). • GFRP (Glass Fiber Reinforced Polymer) Products.
• Steel core cable nets and rope fittings and connections (Note Exception: Warranty does not cover normal wear and tear such as fraying or facing of cable coating).
6. lIMITED THREE (3) YEAR WARRANTY: Flexible belting, plastic border timbers and accessories, and electronic panel speakers, sound chips, and circuit boards.
7. lIMITED ONE (1) YEAR WARRANTY:
• Slashproof Swing Seats, 360° Bucket Tot Swing Seats, and Tuff Net no climbing mesh. • Pool slide support structures, stairways, landings and railings. • All other products, components and custom pieces that are not specifically listed above, including, without limitation, all moving parts, such as swing hangers and bearings, swivels, chains, whirls, springs and flexible components, and all high wear items, such as trolleys, cables, wheels, and bumper stops related to rail and cable ride products.
BUYER’S REMEDY: If any products prove defective or non-conforming under normal use and within the above-prescribed warranty periods and material categories, Buyer must promptly notify Miracle in writing at 878 E. Hwy 60, Monett, MO 65708 USA. Miracle does not warranty that any particular color will be available for any period of time, and reserves the right to discontinue any color for any reason, without recourse by the Purchaser or Owner of the discontinued color. Miracle may elect to inspect the alleged defect at Buyer’s site or at Miracle’s facility. Buyer shall not return products to Miracle unless authorized by Miracle to do so. Authorized returns must be properly packaged and shipped prepaid and insured, at Buyer’s expense. Upon verification of warranty coverage, Miracle may elect, in its sole discretion, to repair defective or non-conforming products, or replace them by delivering products or part(s) of similar functionality free of charge to the site. Miracle’s limited warranties do not cover the cost of labor to remove defective or non -conforming part(s) or to install repaired or replacement part(s). By use of these limited warranties, Buyer accepts their terms and limitations, and waives any rights it would otherwise have to claim or assert that such warranties fail of their essential purpose. Buyer agrees that venue for any court action to enforce these limited warranties shall be in Barry or Greene Counties in the State of Missouri. lIMITATIONS: All warranty periods begin on the date of Miracle’s invoice. Repaired and/or replacement part(s) are warranted only for the balance of the original limited warranty period. Warranties extend only to the original Buyer/end user for products purchased from Miracle or a Miracle authorized reseller, and are not transferrable.
Warranties apply only to Miracle products that are erected and installed in conformance with Miracle’s installation instructions, and that are maintained and inspected in conformance with Miracle maintenance and operational instructions.
Warranties specifically do not cover Miracle products:
• for cosmetic damage or flaws occurring under normal use, such as surface scratches, minor chips, hairline cracks, dents, marring, efflorescence, color fade (except for shade fabric as noted above), discoloration, corrosion/rust, fraying, or warping of recycled plastic lumber;
• that have been modified, altered, or repaired by unauthorized third parties; • that have not been used as designed or intended, or misused; • to which non-Miracle parts have been added or substituted; • that have been removed from their original location and re-installed elsewhere, without pre-approval by Miracle; • or that have been damaged due to excessive wear and tear, vandalism, abnormal use, abuse, negligence, environmental factors (such as wind-blown sand, salt spray, or airborne emissions from industrial sources), extreme weather (such as hail, flooding, lightning, tornados, sandstorms, earthquakes, or wind storms), and acts of God.
THE FOREGOING lIMITED WARRANTY IS THE SOlE AND EXClUSIvE WARRANTY FOR SEllER’S PRODUCTS, AND IS IN lIEU OF All OTHER WARRANTIES, EXPRESS OR IMPlIED, IN lAW OR IN FACT. SEllER SPECIFICAllY DISClAIMS All OTHER WARRANTIES, EXPRESS OR IMPlIED, INClUDING, WITHOUT lIMITATION, All IMPlIED WARRANTIES OF MERCHANTABIlITY AND FITNESS FOR A PARTICUlAR USE OR PURPOSE, AND ANY IMPlIED WARRANTIES ARISING OUT OF COURSE OF DEAlING OR PERFORMANCE OR TRADE USAGE. SEllER SHAll NOT BE lIABlE FOR ANY INCIDENTAl, CONSEqUENTIAl, EXEMPlARY, SPECIAl, OR PUNITIvE DAMAGES, OR ANY lOSS OF REvENUE, PROFIT OR USE, ARISING OUT OF A BREACH OF THIS WARRANTY OR IN CONNECTION WITH THE SAlE, INSTAllATION, MAINTENANCE, USE, OPERATION OR REPAIR OF ANY PRODUCT. IN NO EvENT WIll SEllER BE lIABlE FOR ANY AMOUNT GREATER THAN THE PURCHASE PRICE OF A DEFECTIvE PRODUCT.
Prices are subject to change without notice and are exclusive of installation, surfacing, transportation, insurance, taxes, license fees, customs fees, duties, premiums, fees, and other changes. 195 CERTIFICATIONS WARRANTY
7.B.a
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Attachment: MREC 2464 Century Park - Cathedral City - Miracle Refresh (1) (3358 : Century Park Renovation Projects) • ISO 9001 Certification: The
International Standards Organization
is a network of national standard
institutes from 146 countries that
work in partnership with international
organizations, governments, industry,
business, and consumer
representatives to develop universal
standards for quality, environmental,
and management processes.
• The Miracle Recreation Equipment
company has been certified to
14001:2015 for its environmental
management system.
• Canadian Welding Bureau Certified
• The space requirements in this catalog are shown
to ASTM standards. Requirements for other
standards may be different.
• European Norm EN-1176. Miracle® offers
playgrounds that have been certified by Tüv
Product Service, the recognized testing house
designated by the European Union. This
certification demonstrates compliance with the
European Harmonized Standard for Commercial
Play Equipment, EN 1176.
• IPEMA Member: Miracle® is a member in good
standing of the International Play Equipment
Manufacturer’s Association (IPEMA), a mem-
ber-driven international trade organization which
represents and promotes an open market for
manufacturers of play equipment.
• In the interest of playground safety, the Interna-
tional Play Equipment Manufacturers Association
(IPEMA) provides a Third Party Certification
Service whereby a designated independent
laboratory, TÜv SÜD America Inc., (TÜv),
validates an equipment manufacturer’s certifica-
tion of conformance to the ASTM F1487 Standard
Consumer Safety Performance Specification for
Playground Equipment for Public Use, except
sections 7.1.1, 10, 13.1.1, 13.1.2, 13.2, and 13.3; to
CAN/CSA z614 Children’s Playspaces and
Equipment, except clauses 10 and 11; or both. A
list of current validated products may be viewed
at www.ipema.org.
• In the Interest of playground safety, the
International Play Equipment Manufacturers
Association (IPEMA) provides a Third Party
Certification program whereby a designated
independent laboratory, TÜv SÜD America Inc.,
(TÜv), validates a surfacing manufacturer’s
certification of conformance to ASTM F1292,
Standard Specification for Impact Attenuation
Under and Around Playground Equipment Perfor-
mance Criterion, Section 4.2; ASTM F1292,
Standard Specification for Impact Attenuation
Under and Around Playground Equipment Perfor-
mance Criterion (in its entirety); ASTM F3351,
Standard Test Method for Impact Testing In labo-
ratory at Specified Test Height; and for an
engineered wood fiber manufacturer its
certification of conformance, also to ASTM
F2075, Standard Specification for Engineered
Wood Fiber for Use as a Playground Safety
Surface Under and Around Playground Equip-
ment; and for a loose Fill Rubber manufacturer
its certification of conformance, also to ASTM
F3012, Standard Specification for loose Fill
Rubber for Use as a Playground Safety Surface
under and around Playground Equipment. A list
of current validated products, their thickness and
critical height may be viewed at www.ipema.org.
Certifications
Miracle-Recreation.com194 CERTIFICATIONS
7.B.a
Packet Pg. 442
Attachment: MREC 2464 Century Park - Cathedral City - Miracle Refresh (1) (3358 : Century Park Renovation Projects) www.usa-shade.com | 800-966-5005
Cathedral City, CA 92234
AZ: 289388 CA: 989458 LA: 61718 NV:78724
NM: 383826 TN: 68712 DIR: 1000003533
Century Park Playground Shade Structure
8/11/2022
Pricing valid for 15 days
Proposal Prepared For:
City of Cathedral City
68700 Avenida Lalo Guerrero
7.B.b
Packet Pg. 443
Attachment: USA Shade Proposal - Century Park Playground Shade Structure 2022_08_11 08-29 (3358 : Century Park Renovation Projects) Date: 8/11/2022
Purchaser: Contact: Sales Rep:
Project Name: Phone: Phone:
Quote No: Email: Email:
PO No: Fax: Fax:
Contact: Contact: Contact:
Phone Phone Phone
Email: Email: Email:
Fax: Fax: Fax:
CORPORATE ADDRESS: REMITTANCE ADDRESS:
2580 Esters Blvd., Suite 100 P.O. Box 734158
DFW Airport, TX 75261 Dallas, TX 75373-4158
SOUTHERN CALIFORNIA: NORTHERN CALIFORNIA: ARIZONA: LAS VEGAS:
1085 N. Main Street, Suite C 927 Enterprise Way, Suite A 2452 W. Birchwood Ave, Suite 112 6225 S. Valley View Blvd., Suite I Orange, CA 92867 Napa, CA 94558 Mesa, AZ 85202 Las Vegas, NV 89118 NOTE: This message is intended only for the use of the individual to whom it is addressed, and contains information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient, or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any unauthorized disclosure, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by phone and return the original message to the applicable address above.
MAILING ADDRESS:
P.O. Box 3467
Coppel, TX 75019
(760) 770-0369 (714) 427-6981 (760) 770-0349
[email protected] [email protected] [email protected] 92234 92867 92234
Deanna Pressgrove Construction Dept. Andres Perez
Cathedral City Orange Cathedral City
CA CA CA
City of Cathedral City SOUTHERN CALIFORNIA Century Park 68700 Avenida Lalo Guerrero 1085 N. Main Street, Suite C 69947 Century Park Dr Billing Information: Shipping Information: Jobsite Information:
Century Park Playground Shade
Structure (760) 770-0369 (760) 250-7824
02072522AAD [email protected] [email protected] Proposal for USA SHADE & Fabric Structures
Project Information: Sales Information:
City of Cathedral City Deanna Pressgrove Ashley Donde
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533
7.B.b
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Attachment: USA Shade Proposal - Century Park Playground Shade Structure 2022_08_11 08-29 (3358 : Century Park Renovation Projects) Structure Pricing
UNIT IMAGE
Unit Quantity: 1 Foundations By USA Shade
Unit Type: Super Span Pyramid Multi-
Level Multi-Panel Grout Installation USA Shade
Structure Size: 40ft x 40ft Footing Type: Drilled Pier
USA Shade Model Number 405.3 Base Attachment: PIH - Embed Entry Height: 14ft Anchor Bolts: N/A
No of Columns: 4 Concrete Cutting: N/A
No of Fabric Tops: 8 Panels Dirt Removal: Included
Fabric Type: Colourshade_FR Surface Type: Rubber Surface Fabric Color: NOTES
Steel Finish: Powder Coated
Steel Color:
Installed Price Electrical Provisions: N/A
Cable/HDW Finish: Galvanized
Concept No:
Multi Panel Multi Layer Peak Structure
UNIT DETAILS
Add double cable pockets and reinforced corners for
high wind and sand conditions. Price does not
include repair to rubber surface. Pricing based on
Sourcewell Contract #010521-LTS-6
$ 110,824.03
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533
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Attachment: USA Shade Proposal - Century Park Playground Shade Structure 2022_08_11 08-29 (3358 : Century Park Renovation Projects)
QTY COST
PO
100%
CBC 2019
130 mph
5 psf
Electronic
1 Yes
INCLUDED EXCLUDED INCLUDED EXCLUDED
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Design and Engineering of Foundation Demolition (Existing Structures) Reactions and Loads for attachment to Walls, Rooftops, or Other Payment and Performance Bonds Foundation Location and Elevation Survey Special Inspection Fees Permit Fee Fencing
DSA Submittal & Fees water and Electrical
Design and Engineering of Structure Landscape Repair
INCLUSIONS / EXCLUSIONS
ENGINEERING REQUIREMENTS INSTALLATION - MISCELLANEOUS Sealed Drawings & Calculations Prevailing Wage / Certified Payroll Permit Submittal Union Wages
USA SHADE reserves the right to implement a surcharge for significant increases in raw materials, including the following, but not limited to: fuel, steel , fabric, and concrete. Proposal pricing is only valid for 15 days due to the fluctuation in pricing. Due to recent significant increases experienced in raw steel and fabric materials, it may be necessary to order, invoice, and receive payments for steel and fabric as soon as final sizing can be determined.
ENGINEERING REQUIREMENTS NOTES
Building Code
Wind Load
Snow Load
Drawing Size
No. of Sealed Drawings
Calculations Required
Engineering Included
Pricing based on Sourcewell Contract
#010521-LTS-6
Installation (Prevailing Wage) Included
TOTAL PRICE $ 110,824.03
SUBTOTAL (4) Other (specify):
Sales Tax (8.75%) Included NOTES:
Accessories/Miscellaneous (2) Upon delivery of Unit(s) Shipping/Handling
*subject to market fluctuation Included (3) Upon completion of assembly/installation TOTAL FOR ACCESS/MISC ITEMS:
PRICINGTOTALS: PAYMENT TERMS:
Unit Total Included (1) Upon execution of the Agreement (Deposit) ACCESS/MISC.
ITEM DETAILS
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2)
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Proposal: The above proposal is valid for 15 days from the date first set forth above. After 15 days, we reserve the right to increase prices due to the rise in cost of raw materials, fuel, or other cost increases. When applicable, USA SHADE & Fabric Structures reserves the right to implement a surcharge for significant increases in raw materials, including, but not limited to; fuel, steel, and concrete. Due to the duration of time between proposals, contracts, and final installation, USA SHADE & Fabric Structures reserves the right to implement this surcharge, when applicable.
Purchase: By executing this proposal, or submitting a purchase order pursuant to this proposal (which shall incorporate the terms of this agreement specifically by reference) which is accepted by USA SHADE & Fabric Structures (the “Company”), the purchaser identified above (“you” or the “Purchaser”) agrees to purchase Shade Structures brand shade structures (“Structures”) and the services to be provided by the Company, as detailed in the “Structure Pricing” and “General Scope of Work” sections of this agreement, above, or in the relevant purchase order accepted by the Company, for use by Purchaser or for installation by Company or Purchaser on behalf of a third-party who will be the ultimate owner of the Structures (the ultimate owner of a Structure, whether Purchaser or a third-party, being the “Owner”).
Short Ship Claims: Purchaser has 15 days from receipt of the structures to file a short ship report in writing to its sales representative. Company will not honor claims made after this time.
Standard Exclusions: Unless specifically included under the “General Scope of Work” section above, this agreement does not include, and Company will not provide, services, labor, or materials for any of the following work: (a) removal and disposal of any materials containing asbestos or any hazardous materials as defined by the EPA; (b) moving Owner’s property around the installation site; (c) repair or replacement of any Purchaser or Owner-supplied materials; (d) repair of concealed underground utilities not located on prints supplied to Company by Owner during the bidding process, or physically staked out by Owner, and which are damaged during construction during normal course of construction. 6) Barricades and public security requirements are not included. 7) Unless specifically included in this proposal, this agreement does not include, and Company will not provide, services, labor, or materials for any of the following work: (a) removal and disposal of any materials containing asbestos or any hazardous materials as defined by the EPA; (b) moving Owner’s property around the installation site; (c) repair or replacement of any Purchaser or Owner-supplied materials; or (d) repair of damage to existing surfaces that may occur when construction equipment and vehicles are being used in the normal course of construction. 8) Pricing for foundation design is based on drilled pier footings. In the event the geotechnical report requires an alternate configuration, any additional costs incurred will be submitted to the client by a Change Order. 9) Digging of our foundations will not be constrained by any existing concrete or utilities. USA SHADE will not be responsible for moving or repairing any underground utility lines such as electrical, telephone, gas, water, or sprinkler lines that may be encountered during installation. 10) Any additional costs incurred as a result of hard rock conditions requiring extra equipment, utility removal or repair, resulting in delay, will result in additional charges unless they are detailed on as-built site drawings provided to USA SHADE or marked on the ground and communicated to USA SHADE in writing prior to installation.
GENERAL TERMS & CONDITIONS AND WARRANTY
Construction Assumptions
1) The designated area for our structures will be accessible by drive-up for unloading of our trucks and equipment, including personnel man-lifts, forklifts, etc. Should a crane be required and direct access not available, additional costs for such will be submitted by a Change Order. 2) Our pricing is based on the ability to perform all of our work with clear, sequential, and continuous access without interruption during normal daytime working hours. We have assumed one mobilization for the installation of foundations, steel and fabric; if additional mobilizations are required, there will be an additional charge. We will require exclusive access to the area for our work during the construction process. 3) Our pricing does not include daily site delays accessing the work areas. USA SHADE will submit a Change Order for any delays caused by other trades which interfere or cause us to stop working.
4) We will require site sanitary facilities and refuse containers by others within 200 feet of our work. 5) USA SHADE will leave its work and materials in a clean condition at the conclusion of our work. www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533
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Attachment: USA Shade Proposal - Century Park Playground Shade Structure 2022_08_11 08-29 (3358 : Century Park Renovation Projects) 5)
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12) Concealed Conditions: ”Concealed conditions” include, without limitation, water, gas, sprinkler, electrical and sewage lines, post tension cables, and steel rebar. This agreement is based solely on observations the Company was able to make either by visual inspection or by drawings and/or plans submitted by Owner at the time this agreement was bid. If additional Concealed Conditions are discovered once work has commenced, which were not visible at the time this proposal was bid, Company will stop work and indicate these unforeseen Concealed Conditions to Purchaser or Owner so that Purchaser and Company can execute a Change Order for any additional work. In any event, any damage caused by or to unforeseen Concealed Conditions is the sole responsibility of the Purchaser and Company shall not be held liable for any such damage. Soil conditions are assumed to be soil that does not contain any water, hard rock (such as limestone, caliche, etc.), rocks larger than 4 inches in diameter, or any other condition that will require additional labor, equipment and/or materials not specified by the Purchaser or Owner in the bidding process. Any condition requiring additional labor, equipment, and/or materials to complete the drilling or concrete operations will require a Change Order before Company will complete the process. Price quotes are based on a drilled pier footing. Any variation will incur additional charges (i.e. spread footings, concrete mat, sand, water, landfill, etc.). Costs for footing and installation do not include any allowance for extending below frost lines (the additional costs for which vary by geographical region).
Insurance Requirements: Company is not required to provide any insurance coverage in excess of Company’s standard insurance. A copy of the Company’s standard insurance is available for your review prior to acceptance of the Company’s proposal.
Payment: Terms of payment are defined in the “Pricing Details” section and are specific to this contract. For purposes of this agreement, “Completion” is defined as being the point at which the Structure is suitable for its intended use, the issue of occupancy consent, or a final building department approval is issued, whichever occurs first. Progress billing and payment will be required. All payments must be made to Shade Structures, Inc., P.O. Box 734158, Dallas, TX 75373-4158. Company may use all remedies available to it under current laws including, but not limited to, filing of liens against the property and using a collection agency or the courts to secure the collection of the outstanding debt.
Lien Releases: Upon request by Owner, Company will issue appropriate partial lien releases as corresponding payments are received from Purchaser, but prior to receiving final payment from Purchaser or Owner. Company will provide a full release of liens upon receipt of final payment. In accordance with state laws, Company reserves the right to place a lien on the property if final payment has not been received 10 days prior to the filing deadline for liens.
Site Plan Approval, Permit/s, Permit Fees, Plans, Engineering Drawings, and Surveying : Site plan approval, permits, permit fees, plans, engineering drawings, and surveying are specifically excluded from this agreement and the Services unless specified under the “General Scope of Work”. The Company does not in any way warrant or represent that a permit or site plan approval for construction will be obtained. Sealed engineered drawings that are required but not included in the “General Scope of Work” will result in an additional cost to Purchaser.
Manufacturing & Delivery: Manufacturing lead-time from Company’s receipt of the “Notice To Proceed” is approximately 6 to 8 weeks for standard structures, and 8 to 12 weeks for custom structures. Delivery is approximately 1 week thereafter. Delivery of structures may be prior to or at start of assembly. Please note that these timelines do not include approval or permitting timeframes.
Returned Product, Deposits, and/or Cancelled Order: Within the first 45 days after shipment from our facility, all returned product(s) and cancelled orders are subject to a 50% restocking fee. No returns are available following this 45 day period. All deposits are non-refundable. All expenses incurred (engineering, site surveys, shipping, handling, etc.) are the responsibility of the Purchaser, up to notice of cancellation.
Bonding Guidelines: If Purchaser will use or provide the Structures and Services for an Owner other than Purchaser (including, without limitation, as a subcontractor of Purchaser), Purchaser will include the following statement in Purchaser’s contract with Owner:
“The manufacturer’s warranty for the Shade Structures brand shade structures is a separate document between USA SHADE & Fabric Structures and the ultimate owner of the Shade Structures brand shade structures, which will be provided to the ultimate owner at the time of completion of the installation and other services to be provided by USA SHADE & Fabric Structures. Due to surety requirements, any performance and/or payment bond will cover only the first year of the USA SHADE & Fabric Structures warranty.” www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533
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Attachment: USA Shade Proposal - Century Park Playground Shade Structure 2022_08_11 08-29 (3358 : Century Park Renovation Projects) 13)
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15)
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• Sewing thread is warranted for ten years.
All steel surface finishes are warranted for one year.
Shadesure™, Colourshade® FR, eXtreme 32™, Commercial 95™, SaFRshade™, and Monotec 370™ fabrics all carry a ten year limited manufacturer’s warranty against failure from significant fading, deterioration, breakdown, outdoor heat, cold, or discoloration. Should the fabric need to be replaced under the warranty, the Company will manufacture and ship a new replacement fabric at no charge for the first six years, thereafter pro-rated at 20% per year over the remaining four years. The following are exceptions to the preceding warranty terms:
o Shadesure™ fabrics in Red, Yellow, Atomic Orange, Electric Purple, Zesty Lime, Cinnamon, Olive, and Mulberry carry a five year pro-rated o Fabric tops attached to Coolbrella™ structures carry a three year warranty; o Individual fabric tops measuring greater than 40’ in length are covered by a non-prorated five year warranty; o Precontraint 502™ waterproof membrane is subject to an eight year pro-rated warranty.
Changes in the Work: During the course of this project, Purchaser may order changes in the work (both additions and deletions). Additionally, an approving agency may require changes in the work from the original design or engineering quoted and provided by the Company (both additions and deletions.) The cost of these changes will be determined by the Company, and a Change Order form must be completed and signed by both the Purchaser and the Company, which will detail the “General Scope of the Change Order”. Should any Change Order be essential to the completion of the project, and the Purchaser refuses to authorize such Change Order, then Company will be deemed to have performed its part of the project, and the project and services will be terminated. Upon such termination, Company will submit a final billing to Purchaser for payment, less a labor allowance for work not performed but including additional charges incurred due to the stoppage. No credit will be allowed for materials sold and supplied, which will remain the property of the Purchaser.
Indemnification: To the fullest extent permitted by law, Purchaser shall indemnify, defend, and hold harmless the Company and its consultants, agents, and employees or any of them from and against claims, damages, losses and expenses, including, but not limited to, attorneys’ fees related to the installation of the Structure or performance of the services, provided that such claim, damage, loss, or expense is attributable to bodily injury to, sickness, disease, or death of a person, or to injury to or destruction of tangible property, but only to the extent caused by the negligent acts or omissions of the Purchaser or its agents, employees, or subcontractors, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in Section 15.
Statement of Limited Warranty:
The structural integrity of all supplied steel is warranted for ten years.
If assembly is provided by the Company, workmanship of the structure is covered for one year, including labor for the removal of any failed part, disassembly (if necessary), cost of shipping, and reassembly. www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533
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Attachment: USA Shade Proposal - Century Park Playground Shade Structure 2022_08_11 08-29 (3358 : Century Park Renovation Projects) •
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Commercial 95™ and SaFRshade™ are registered trademarks of Gale Pacific USA Inc.
Monotec 370™ is a registered trademark of PRO-KNIT Industries Pty. Ltd.
Precontraint 502™ is a registered trademark of Serge Ferrari North America, Inc. o workmanship related to assembly not provided by the Company or its agents; o fabric curtains, valances, and flat vertical panels; o fabric tops installed on structures that were not engineered and originally supplied by the Company.
THE COMPANY SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, LIQUIDATED, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS
OF REVENUE, PROFIT, USE OR GOODWILL, WHETHER BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, ARISING
OUT OF A BREACH OF THIS WARRANTY OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, OPERATION OR REPAIR OF ANY PRODUCT OR SERVICE. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY AMOUNT GREATER THAN THE PURCHASE PRICE FOR ANY PRODUCT OR SERVICE PROVIDED BY THE COMPANY.
THE FOREGOING LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY FOR THE COMPANY’S PRODUCTS AND SERVICES, AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN LAW OR IN FACT. SELLER SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING OR PERFORMANCE OR TRADE USAGE. PURCHASER, BY ACCEPTANCE AND USE OF THIS
LIMITED WARRANTY, WAIVES ANY RIGHTS IT WOULD OTHERWISE HAVE TO CLAIM OR ASSERT THAT THIS LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE.
Colourshade ® and eXtreme 32™ are registered trademarks of Multiknit Pty. Ltd.
These limited warranties do not cover defects and/or damages caused by:
o normal wear and tear;
o misuse, willful or intentional damage, vandalism, contact with chemicals, cuts and Acts of God (i.e. tornado, hurricane, micro/macros burst, earthquake, wildfires, etc.);
o ice, snow or wind loads in excess of the designed load parameters engineered for the supplied structures; o use, maintenance, neglect, repair, and/or service inconsistent with the Company’s written care and maintenance instructions, provided with the order.
The limited warranties explicitly exclude:
All warranty claims covering Company supplied structures, products, and services must be submitted by Purchaser or Owner in writing to the Company within thirty days from the date of discovery of the alleged defect and must include a detailed description and applicable photographs of the alleged defect or problem. Warranty claims should be submitted by email to [email protected].
Purchaser or Owner agrees that venue for any court action to enforce these limited warranties shall be in the City or County of Dallas in the State of Texas, USA.
These limited warranties are void if:
o the supplied structures, products, services and/or labor are not paid for in full; o the structures are not assembled in strict compliance with USA SHADE specifications; o any changes, modifications, additions, or attachments are made to the structures in any way, without prior written approval from the Company.
Specifically, no signs, objects, fans, light fixtures, etc. may be hung from the structures, unless specifically engineered by the Company.
General Limited Warranty Terms and Conditions
These limited warranties are effective from the date of sale, or, if assembly is provided by the Company, upon receipt by Company from Purchaser of a completed and signed “Customer Checklist and Sign-off” form.
In its sole discretion, the Company will repair and or/replace defective structures, products or workmanship, or refund that portion of the price related to the defective product, labor, or service rendered.
The Company reserves the right, in cases where certain fabric colors have been discontinued, to offer the Purchaser or Owner a choice of available alternative colors to replace the warranted fabric. The Company does not guarantee that any particular color will be available for any period of time, and reserves the right to discontinue any color for any reason, without recourse by the Purchaser or Owner of the discontinued fabric color.
Should the Purchaser or Owner sell the structures to another party, the warranty cannot be transferred to the new owner without a complete and thorough on-site inspection performed by a Company representative. Please contact the Company at [email protected] for more details. www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533
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Attachment: USA Shade Proposal - Century Park Playground Shade Structure 2022_08_11 08-29 (3358 : Century Park Renovation Projects) 16) Assembly/Installation:
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26) Assignment: Purchaser may not assign this agreement, by operation of law or otherwise, without the prior written consent of Company. The agreement shall be binding upon and insure to the benefit of the Company and the Purchaser, and their successors and permitted assigns.
Delegation: Subcontractors: The services and the manufacturing and assembly of the structures may be performed by subcontractors under appropriate agreements with the Company.
Force Majeure: Impracticability: The Company shall not be charged with any loss or damage for failure or delay in delivering or assembling of the structures when such failure or delay is due to any cause beyond the control of the Company, due to compliance with governmental regulations or orders, or due to any Acts of God, strikes, lockouts, slowdowns, wars, or shortages in transportation, materials or labor.
Dispute Resolution: Any controversy or claim arising out of or related to this agreement must be settled by binding arbitration administered in Dallas, TX by a single arbitrator selected by the parties or by the American Arbitration Association, and conducted in accordance with the construction industry arbitration rules. Judgment upon the award may be entered in any court having jurisdiction thereof.
Entire Agreement; No Reliance: This agreement represents and contains the entire agreement between the parties. Prior discussion or verbal representations by the parties that are not contained in this agreement are not part of this agreement. Purchaser hereby acknowledges that it has not received or relied upon any statements or representations by Company or its agents which are not expressly stipulated herein, including without limitation any statements as to the structures, warranties, or services provided hereunder.
No Third-Party Beneficiaries: This agreement creates no third-party rights or obligations between Company and any other person, including any Owner who is not also a Purchaser. It is understood and agreed that the parties do not intend that any third party should be a beneficiary of this agreement.
Governing Law: The agreement will be construed and enforced in accordance with the laws of the State of Texas.
If the requested services require Company access to Owner’s premises, Company will be provided access to the Owner’s premises free and clear of debris, automobiles, or other interference Monday ~ Friday during the hours of 8:00am to 6:00pm, and Company will have access to water and electrical facilities during installation. Additional charges will apply if utilities are not easily accessible. Where applicable, all vehicles will be moved prior to Company’s crew beginning any installation.
Company will not be responsible for moving or repairing any underground utility lines such as electrical, telephone, gas, water, or sprinkler lines that may be encountered during installation.
Any additional costs incurred as a result of hard rock conditions requiring extra equipment, utility removal or repair resulting in delay will result in additional charges unless they are detailed on as-built site drawings provided to Company or marked on the ground and communicated to Company in writing prior to fabrication and installation.
Installation/Assembly on-site: Where installation/assembly is part of the services, Purchaser must provide the Company with a detailed drawing prepared by or for the Owner showing exactly where the structures are to be assembled as well as detailing any obstacles or other impediments that may cause the assembly process to be more difficult. Any fixture(s), e.g., playground, pools, etc., that the structures are to be assembled over must also be detailed, along with their peak heights (if applicable).
Site/Use Review by Purchaser: Company relies on the Purchaser to determine that the structures ordered are appropriate and safe for the Owner’s installation site and/or intended use. Company is not responsible for damages or injuries resulting from collisions by moving objects or persons with the structure post(s). Company can recommend, or supply at additional cost, padding for posts from a third party manufacturer.
Preparatory Work: Where installation/assembly is part of the services and in the event that the foundation or job site is not suitable or ready for assembly to begin on the scheduled day, a Delay of Order notification must be sent to Company at least 4 working days prior, in order to allow Company to reschedule the project. In the event that Company is not notified and incurs an expense in attempting to execute the assembly, a re-mobilization charge may be charged to Purchaser before Company will reschedule the assembly.
Company will notify Purchaser of the scheduled assembly date. Owner agrees to have an owner representative meet the assembly crew at the job site on the scheduled assembly date to verify the exact location where the structure(s) is to be placed.
Labor for the removal, assembly, and/or freight charges will only be covered by Company in instances where the structures supplied and installed by Company are determined by the Company to be defective. In all cases where structures are not installed by Company, all labor for the removal, assembly, and/or freight of the structures will be the Purchaser’s responsibility.
Installation prices are based on a single mobilization charge. If additional mobilizations are required, there will be additional charges. www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533
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Attachment: USA Shade Proposal - Century Park Playground Shade Structure 2022_08_11 08-29 (3358 : Century Park Renovation Projects) PURCHASER: SELLER:
City of Cathedral City Shade Structures, Inc. DBA USA Shade Signature: Signature:
By: (Print) By: (Print)
Title: Title:
Date: Date:
Executed to be effective as of the date executed by the Company:
NOTE: FOR ANY PURCHASE EQUAL TO OR EXCEEDING $100,000.00 USD, NO WORK, OTHER THAN PRE-WORK, SHALL BE UNDERTAKEN WITHOUT A MUTUALLY ACCEPTABLE AND SIGNED CONSTRUCTION CONTRACT.
NOTE: All purchase orders and contracts should be drafted in the name of Shade Structures, Inc.
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533
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Attachment: USA Shade Proposal - Century Park Playground Shade Structure 2022_08_11 08-29 (3358 : Century Park Renovation Projects) 9106 Pulsar Ct
Suite C
Corona, CA 92883
Phone # (800) 264-7225
Fax # (877) 215-3869
www.miracleplayground.com
Estimate Number MPS 177
Estimate Date Aug 8, 2022
Expiration Date Sep 7, 2022
Customer City of Cathedral City
Name Deanna Pressgrove
Phone (760) 770-0369
Email [email protected]
Sales Rep Charlotte Smith
Email [email protected]
Payment Terms Net 30
Project Name
Century Park - Cathedral City - Tables and Benches
Item # & Description Quantity Total
JPPT83ADA
8' ADA RECYCLED PLASTIC TABLE ADA 3 LEGS/ 6FT
SEATS, 7.5 FT TOP
1 $1,699.00
JPPT63
TABLE 6 6' TABLE ON 3 LEGS RECYCLED PLASTIC
10 $15,460.00
JPSMBOLT
SET OF (4) 3/8" X 4" CONCRETE ANCHORS (1) 3/8" &
(1) 5/16" STANDRARD DRILL BIT
11 $902.00
PR6RIB
6' ROCK ISLAND BENCH RECYCLED PLASTIC
3 $1,677.00
PRSMKIT
SURFACE MOUNT KIT FOR RECYCLED PLASTIC
3 $207.00
$19,945.00
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Attachment: MPS 177 Century Park - Cathedral City - Tables and Benches (3358 : Century Park Renovation Projects) $1,745.19 Sales Tax 8.75%
Product Total $21,690.19
$0.00
Item Description Quantity Rate
Freight Kaypark Freight Kaypark
Shipping and Handling charges for
Kaypark equipment. All prices are FOB
Kaypark factory.
1 $1,844.60
$1,844.60
Sales Tax
Shipping, Handling and Non Taxable Services Total $1,844.60 Grand Total $23,534.79
NOTES AND EXCLUSIONS:
• This estimate shall not become binding until signed and returned for approval. • A signature indicates acceptance of all terms, conditions, and prices listed. • A signed quote will not substitute for a Purchase Order if one is required by the Customer. • Exclusions: All Unloading, Storage, Installation, Site Work, Fees & Permits, outside of the quoted above. • Footing calculations for playground equipment can be added for an additional fee if required
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Attachment: MPS 177 Century Park - Cathedral City - Tables and Benches (3358 : Century Park Renovation Projects)
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Attachment: Castro Roofing Estimate - Century Park (3358 : Century Park Renovation Projects)
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Attachment: Castro Roofing Estimate - Century Park (3358 : Century Park Renovation Projects)
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Attachment: Castro Roofing Estimate - Century Park (3358 : Century Park Renovation Projects)
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Attachment: Castro Roofing Estimate - Century Park (3358 : Century Park Renovation Projects)
Cathedral City Page 1 of 3 Printed on 8/23/2022
Staff Report
City Council
Item No. 7.C
Meeting Date: August 24, 2022
From: Tami Scott, Administrative Services Director
Title: IT Assessment and Master Plan
City Council
RECOMMENDATION:
Approve a Professional Services Agreement with Client Firs t Technology Consulting to develop and provide a Comprehensive Information Technology (IT) Assessment and IT Master Plan in the amount of $78,880 plus a 10% contingency of $7,888 for a total budget amendment not to exceed $86,768.
BACKGROUND:
As part of the City Council goal setting held earlier this year, and the City's 5 -year strategic plan initiative, the IT Dept was tasked with developing an IT Strategic Master Plan. To accomplish this, a comprehensive IT assessment to review and evaluate our current infrastructure, policies, business practices, and risks related to Information Technology would also need to be incorporated into the process. The assessment will then be used to develop a 5 -year IT Master plan to be incorporated with the City’s strategic planning.
DISCUSSION:
To meet the current and future information technology needs of staff and community, the IT department developed an RFP in search of consultants with prior working experience with municipalities to conduct a comprehensive IT assessm ent. This IT assessment will be measured against current industry standards and internal needs.
The assessment not only will review our hardware infrastructure but in addition will analyze the current applications in use and assess the staff’s abilities to meet the demands of internal and external customers. The final product of this assessment will be a strategic IT Master Plan that, when fully implemented, will improve data security, bring our infrastructure, applications, and staffing resources in line to meet the current and future needs to better serve the community. The IT Master plan will be a working document with set goals, parameters, and defined dates for implementation based on priority of need and budget constraints. The plan will be updated an nually and reviewed biannually to monitor progress and address any changes in technology that could impact its outcome and success. Additionally, the IT Master Plan is a living document and can be used on an annual basis as an input to the budget process. Finally, the plan
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will outline a series of applicable Best Practices that the city can utilize moving forward to improve the way applications and IT functions are managed.
The city must address ongoing technological advancements and the ever -increasing demand for technological services from City staff and the public. As various departments’ activities and tools have been expanded, the complexities of systems being implemented and managed by the IT Department are similarly expanding to meet these needs.
The production of the IT Master Plan will take approximately six to nine months to complete. The planning process includes these major steps: project initiation and information gathering, assessment workshops with all departments and divisions, research and preliminary plan development, prioritization workshops, and the development and issuing of a final report.
On March 7, 2022, staff issued an RFP to do an IT Assessment and develop an IT Master plan. Upon the due date, proposals were received from the following firms:
Consultant Location
Blackline Toronto, Canada
Client First California/Illinois/Texas/North Carolina
Berry Dunn Portland, Maine
SDI Los Angeles, California
Third Wave Los Angeles, California
GTG Turlock, California
Moss Adams Irvine, California
Avero Scottsdale, Arizona/ Maryville, Tennessee
The proposals were reviewed and evaluated by IT and Administrative Services Director.
We evaluated each vendor based on methodology, experience, and ability to respond to issues followed by price.
The top three ranking proposals are below:
Consultant Ranking (1 Highest) Service Cost
Client First 1 $ 78,880
SDI 2 $ 99,160
Berry Dunn 3 $ 90,960
Staff ranked Client First as the highest rank. Client First's RFP documentation was thorough and very impressive. Client First is adept at educating and building consensus among staff members, departmental leadership, senior management, and elected officials. They are certified in multiple technologies and have been assisting local governments with innovative technology solutions for 18 years. Their approach is to assess the current environment, review alternatives, and provide the city with specific recommendations and supporting documentation regrading strategy and tactical implementation. Client First's focus is local government and municipal organizations.
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Their experience includes over 3,000 projects for more than 500 local government agencies. In the Coachella Valley, they provided consulting services for City of Palm Desert and City of Rancho Mirage.
FISCAL IMPACT:
Approving the contract to Client First Technology Consulting will require a General Fund Budget Amendment in the amount of $ $86,768.
ATTACHMENTS:
Cathedral City Form Services Agreement - Client First
Client First Proposal
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AGREEMENT FOR SERVICES
BETWEEN
THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
CLIENTFIRST CONSULTING GROUP, LLC, DBA
CLIENTFIRST TECHNOLOGY CONSULTING
This Agreement for Services (“Agreement”) is entered into as of this ____ day of _________, 2022 by and between the City of Cathedral City, a municipal corporation (“City”) and Clientfirst Consulting Group, LLC, dba ClientFirst Technology Consulting , a California limited liability company (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by request for proposals the performance of the services defined and described particularly in Section 2 of this Agreement.
B. Contractor, following submission of a proposal bid for the performance of the services defined and described particularly in Section 2 of this Agreement , was selected by the City to perform those services.
C. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is for one year commencing on the date first ascribed above.
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE.
Contractor agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule; the Service Provider shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Service Provider to continue performing the Services.
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SECTION 3. ADDITIONAL SERVICES.
Contractor shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in ac cordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed seventy-eight thousand and eight hundred eighty ($78,880), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. (b) Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Contractor to determine whether the work performed, and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. (d) Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Contractor’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any
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of Contractor’s work by City shall not constitu te a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents p repared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement, Contractor’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, mod els, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
All final work product developed by Contractor in the course of providing the Services pursuant to this Agreement shall become the sole p roperty of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such final work product if paid for by the City. This provision specifically excludes Contractors’ work notes and drafts, which are owned by Contractor, not City.
SECTION 7. CONTRACTOR'S BOOKS AND RECORDS.
(a) Contractor shall maintain any and all documents and records demonstrating or relating to Contractor’s performance of the Services. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to the Services, including expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and de tailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. In accordance with California Government Code Section 8546.7, if the total compensation in Section 4 exceeds ten thousand dollars ($10,000.00), this Agreement and the Contractor 's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the
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request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor’s address indicated for receipt of notices in this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Contractor’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors -in-interest and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
(a) Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise.
(b) The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Contractor or any of Contractor’s personnel.
Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s personnel are in any manner officials, officers, or employees of City. (c) Neither Contractor, nor any of Contractor’s personnel shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor, its officers, employees, agents or subcontractors, may have to any such rights. Contractor’s indemnity obligations in Section 16 “Indemnification” of this Agreement include the obligation to indemnify the C ity from and against any liability that may arise related to claims that Contractor, its officers, employees, agents or subcontractors, are entitled to retirement, health care or any other benefits that accrue to City employees. This provision shall survive the expiration or earlier termination of this Agreement.
SECTION 9. STANDARD OF PERFORMANCE.
(a) Contractor represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Contractor shall employ, a t a minimum,
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generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Contractor under this Agreement. In addition to the general standards of performance set forth this section, addi tional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Contractor’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general. (b) Contractor warrants that (1) it has thoroughly investigated and considered the work to be performed, (2) it has investigated the issues, regarding the scope of services to be provided, (3) it has carefully considered how the work should be performed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Contractor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Contractor shall obta in any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, a s a result of any failure of Contractor to comply with this section.
SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Contractor that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.
SECTION 12. NONDISCRIMINATION.
Contractor shall not discriminate, in any way, against any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status in connection with or related to the performance of this Agreement.
SECTION 13. UNAUTHORIZED ALIENS.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of the Services, and
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should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of the Services. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Cit y Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Contractor is, as of the date of execution of this Agreement, independently involved in the performance of non -related services for other governmental agencies and private parties. Contractor is unaware of any stated position of City relative to such projects. Any future position of Ci ty on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Contractor will perform non - related services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section. (d) City may determine that Contractor must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests. If such a determination is made, Contractor shall file the subject Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the Office of the City Clerk within ten (10) days of the request.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, respon se to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.
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(c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reim bursement and indemnity from Contractor for any damages, costs and fees, includ ing attorney's fees, caused by or incurred as a result of Contractor’s conduct.
Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Contractor shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other documen t filed in a lawsuit or other proceeding, if such filing is made under seal.
SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Contractor’s services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threaten ed, including attorneys ’ fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to off icers, agents, employees or sub contractors of Contractor, in the performance of professional services under this Agreement. Notwithstanding the foregoing, to the extent that the Consultant’s services are subject to California Civil Code Section 2782.8, the above indemnity, including the cost to defend, shall be limited to the extent required by Civil Code Section 2782.8.
(b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from an d against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in
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whole or in part, the performance of this Agreement by Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to off icers, agents, employees or subcontractors of Contractor.
(c) Indemnification from Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Contractor fails to obtain such indemnity obligations from others as required herein, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section.
(d) City’s Negligence . The provisions of this section do not apply to claims occurring as a result of City’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.
SECTION 17. INSURANCE.
Contractor agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Contractor agrees to provide City with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Contractor are material conside rations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Contractor under this Agreement. In recognition of that interest, Contractor shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Contractor’s duties or obligations under this Agreement without the prior written consent of the City.
Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Contractor, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.
SECTION 19. CONTINUITY OF PERSONNEL.
Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if an y, assigned to perform the Services. Contractor shall notify City of any changes in Contractor’s staff and
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subcontractors, if any, assigned to perform the Services prior to and during any such performance.
SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Contractor. In the event such notice is given, Contractor shall cease immediately all work in progress. (b) Contractor may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Contractor or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Contractor, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Contractor or City, all property belonging exclusively to City which is in Contractor’s possession shall be returned to City.
Contractor shall furnish to City a final invoice for work performed and expenses incurred by Contractor, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.
SECTION 21. DEFAULT.
In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alter native, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termi nation of Agreement.” Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
SECTION 22. EXCUSABLE DELAYS.
Contractor shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Contractor. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods,
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epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 23. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Contractor in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.
SECTION 24. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Cathedral City
Attn: City Clerk
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Contractor: ClientFirst Technology Consulting
Attn: David Krout
980 Montecito Drive, Suite 209
Corona, CA 92879
Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 25. AUTHORITY TO EXECUTE.
Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to execute this Agreement.
SECTION 26. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the City of Cathedral City Municipal Code and its adopted policies and procedures.
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SECTION 27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 28. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if it does not exceed the amount that may be approved administratively pursuant to the City Municipal Code. The Parties agree that the requirement for written modifications cannot be waived and that an y attempted waiver shall be void. The City’s City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City’s rights under this Agreement. All other amendments shall be approved by the City Council.
SECTION 29. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work by Contractor shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 32. ENTIRE AGREEMENT.
This Agre ement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written,
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made by any Party which are not embodied herein shall be valid and binding.
SECTION 33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 34. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
[SIGNATURES ON FOLLOWING PAGE]
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CITY OF CATHEDRAL CITY
___________________________
Charlie McClendon
City Manager
ATTEST:
___________________________
Tracey R. Martinez
City Clerk
APPROVED AS TO FORM
_______________________________
Eric Vail
City Attorney
CLIENTFIRST TECHNOLOGY
CONSULTING
____
David Krout
Managing Partner
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EXHIBIT "A"
SCOPE OF SERVICES
See Pages 34 to 39 of Client First Technical Consulting’s Proposal.
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EXHIBIT "B"
COMPENSATION
See Page 46 of Client First Technical Consulting’s Proposal.
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EXHIBIT "C"
INSURANCE
A. Insurance Requirements. Contractor shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Contractor, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M.
Best's rating of no less than A:VII.
Contractor shall provide the following scope and limits of insurance:
1. Minimum Scope of Insurance . Coverage shall be at least as broad as:
(1) Commercial General Liability. Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001).
(2) Automobile. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City.
(3) Workers’ Compensation. Workers' Compensation insurance as required by the Labor Code of State of California covering all persons providing Services on behalf of the Contractor and all risks to such persons under this Agreement.
(4) Professional Liability . Professional liability insurance appropriate to the Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance mu st be maintained for at least three (3) consecutive years following the completion of Contractor’s services or the termination of this Agreement. During this additional three (3) year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.
2. Minimum Limits of Insurance . Contractor shall maintain limits of insurance no less than:
(1) Commercial General Liability. $1,000,000 general aggregate for bodily injury, personal injury and property damage.
(2) Automobile. $1,000,000 per accident for bodily injury and property damage. A combined single limit policy with aggregate limits in an amount of
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not less than $2,000,000 shall be considered equivalent to the said required minimum limits set forth above.
(3) Workers' Compensation. Workers' Compensation as required by the Labor Code of the State of California of not less than $1,000,000 per occurrence.
(4) Professional Liability. $1,000,000 per occurrence.
B. Other Provisions . Insurance policies required by this Agreement shall contain the following provisions:
1. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by th e insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.
2. Commercial General Liability and Automobile Liability Coverages.
(1) City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Contractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees.
(2) Contractor’s insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or s elf-insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Contractor’s insurance.
(3) Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(4) Any failure to comply with the reporting or other provisions of the insurance policie s, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.
3. Workers' Compensation Coverage . Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation
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against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Contractor.
C. Other Requirements. Contractor agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the i nsurance provisions of this contract have been complied with. The City may require that Contractor furnish City with copies of original endorsements effecting coverage required by this Exhibit “C”. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.