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, wh ich 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 ci ty 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 poste d 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 not 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 the 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 concl usion 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 commission 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 wi thin 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 ac corded 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 use 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 referre d 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 th e 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 for th 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 planner 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 allo w 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 env ironment 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 considera tions, 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 a ll 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 provis ion 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 arc hitectural 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 C ity 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 t o 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 co mmunity, 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 and 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 tra nsparent 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 proces s 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 is 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 agend a. 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 me eting 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 f or 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 pl anned 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 a rchitect, 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 complete d 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 consu ltation 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 permit which has been issued in accordance with subsection A of this section.
C. When an applicant desires an extension of a design review, and the design review is not c oupled with a tentative tract map or parcel map, the final approving body at its sole discretion may grant an extension of time not to exceed one year from the original expiration of said permit.
D. Notwithstanding Ordinance No. 659, when an applicant 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 r eview 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 walki ng 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 fro m 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 a bove 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 p latforms 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 structure s 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 m ay be erected above the height limits prescribed in this title so long as the same may be safely erected, but no roof structures or any space above the height limit shall be allowed for the purpose of providing additional floor space.
B. A flagpole, mast, or similar structure, whether freestanding or building mounted, may be 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 resident ial 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 height shall be set back twenty feet from any public right-of-way.
Any flagpole greater than fifty feet in height shall be set back a minimum of forty feet from any public right-of-way.
(Ord. 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 ma nner, 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 su rveyed 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 perpendic ular 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 f eet; 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 feet, 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 prescrib ed 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, perimet er 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 mi nimum 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 immediate ly 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 hor izontal 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 fence s 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 wir e, 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; provided, 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 adults 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 orien ted 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 measured 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 or 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 pu blic 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, ad ult 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 locati on 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 prohibi ts 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 o f 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 onl y 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 thirt y 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 increas ed, 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 was 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 nonconforming 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 orien ted 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 redeve lopment 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 and 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 commiss ion 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 vehic le 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 sp ecifically 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 be 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 f eet 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, sty le 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 vehicle 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 par k 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 tr ailers 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 c oncrete 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 sid e 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 t his 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 loos e 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 b y 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 16, 1987, the city recognizes six recreational vehicle parks and one recreational vehicle campground as meeting the recreational vehicle park classification and/or recreational vehicle campground as defined in this code. Since t hese facilities were approve d 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, C UP 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 ano ther 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 o f 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 app ly 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 busi ness 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 an adjoining enclosed space if more than one establishment occupies a structure. Vibration caused by motor vehicles, trains, and temporary construction or demolition work is exempted from this standard.
C. Particulate Matter and Air Contaminants. In additi on 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 n ot 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 meet the Class A standards. The standards are so designed to protect uses on adjoining sites from effects which could adversely affect their functional and economic viability.
A. Noise. The maximum allowable noise level of any u se shall not exceed the leve ls 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 adjoinin g 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 compl iance 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 Impro vements. 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 potential 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 h ealthy 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 b e 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, build ing 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 sto rage 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, equipment 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 vi ew 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 shall 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 b e 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 confo rming 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 prescri bed 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 ins tallation 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 be low 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 excep t 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 t he 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) ar e 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 th e 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 re quired, 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 s hall 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 may 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 city 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 or
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 genera l 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 e nable 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 perc entage 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 a s 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 conti nuity 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 o ther 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.
9.94.190 Appeal process.
9.94.010 Intent and purpose.
The intent and purpose of the planned unit development regulations are to:
A. Facilitate comprehensively planned development of areas in accordance with applicable general and specific plans;
B. Encourage imagin ative and innovative planning of residential neighborhoods and commercial and industrial areas by offering a wide variety of dwelling units and building types and site arrangements with well-integrated community facilities and services; C. Relate the proje ct to the surrounding area and the topography and other natural characteristics of the site;
D. Permit greater flexibility in design than is possible through strict application of conventional zoning and subdivision regulation;
E. Provide for conversion of existing developments to a planned unit development. (Ord. 262 § 4, 1989; Ord. 80 Art. V(S)(1), 1984)
9.94.020 Definition.
A “planned unit development” (PU D) is a project improved in accordance with a comprehensive development plan in which owners of se parately owned lots are owners in common, possessing appurtenant rights to the beneficial use and enjoyment of the commonly owned property, further defined as a planned development in Subsection (k) of Section 1351 of the State Civil Code and characterized by the following:
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A. The subdivision of lots for individual sale within a larger parcel that is comprehensively planned and includes commonly owned lot(s) and common maintenance responsibilities; 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 us e and enjoy any privately owned common areas and recreational facilities provided on the site of t he planned unit development shall be coupled with several interests of the owners of separately owned lots, parcels or areas;
D. Imaginative planning and desi gn is used to relate the development to the site and the surrounding area by the modification of the requirements of the underlying zone to accommodate the project as approved. (Ord. 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 conditional use permitted in the underlying zone is permitted 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 personal services, hotels an d motels, and commercial uses may be permitted within the various multiple-family zones, provided the commercial use is oriented to the on -site resident. In either case the development shall be comprehensively planned and the development requirements of ea ch 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 the record owner or owners of the property on which the development is proposed. The application shall be filed with the city planner upon forms provided by the department and shall stat e fully the reasons a PUD is a proper method to develop the property and shall be accompanied by adequate plans, a legal description of the property involved and an explanation and description of the proposed use.
B. The application shall be accompanied by payment of a fee as established by city council resolution.
C. The application shall be accompanied by a tentative map.
D. The application shall be accompanied by drawings indicating the design of the proposed buildings, landscape plan, and building eleva tions and cross secti ons of any proposed grading. Applications for a project including lot sales or future custom building programs may, with the exception of grading, exclude such drawings for the lot sale or custom areas provided a text is submitted cont aining limitations and building development criteria of those development standards contained herein and any other criteria that may be deemed necessary.
E. If the applicant contemplates the construction of a PUD in phases, the application shall so state a nd shall include a proposed construction schedule.
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F. If the project is to provide open areas and recreational facilities to be used by the occupants of two or more units, it shall be stated in the application and the application shall include a plan, acce ptable to the city, for the preservation and maintenance of the common elements of the property.
G. The application shall be accompanied by a topographic map indicating present grade and proposed changes, and typical cross sections of the project sufficien t 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 m ap application. The P UD shall 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 submitted with an application for a PUD shall be combined with the proceedings for the permit. An application for a PUD is deemed a consent by the applicant to a waiver of the time limits for city action on the tentative map contained in the Subdivision Map Act.
(Ord. 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 planning commission may require the tentative map submitted with the application to also show the open space as an easement. If common open spaces are reserved in accordance with the provisions of this section, approval of the tentat ive map shall be cond itioned upon the city being granted an easement in a form acceptable to the city, limiting the future use of common open spaces and preserving them as open spaces.
(Ord. 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 comprehensive, embracing land, buildings, landscaping and their interrelationships.
B. The plan shall provide for adequate open space, circulation, off-street parking, recreational facilities and other pertinent amenities as related to the intended use and intensity of development. Buildings, structures and facilities in the parcel shall be well-integrated, oriented and related to the topographic and natural landscape features of the site.
C. The proposed development shall be compatible with existing and planned land uses and with circulation patterns on adjoining properties. It shall not constitute a disruptive element to the neighborhood or community.
D. The internal st reet system shall not be a dominant feature in the overall design, rather it should be designed for the efficient and safe flow of vehicles without creating a disruptive influence on the activity and function of any common areas and facilities.
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E. Common areas and recreational facilities shall be located so as to be readily accessible to the occupants of the PUD and shall be well related to any common open spaces provided.
F. Architectural harmony with the development and within the neighborhood and communi ty shall be obtained so far as practicable.
(Ord. 262 § 4, 1989; Ord. 80 Art. V(S)(10), 1984)
9.94.110 Development standards.
In addition to the general provisions of this title, the requirements of the underlying zones, unless modified herein, a PUD shall comply with the following standards:
A. Density. The number of dwelling units in a PUD shall not exceed the density permitted in the underlying zone, except where density transfers have been previously approved by city council action.
The allowed densit y may be app lied to the total area of the PUD rather than separately to individual lots. When calculating density, the right -of-way of public streets or private streets or drives designated as streets within the interior of the project may be included in the total project area.
If the property involved is composed of land in two or more residential zones, the number of dwelling units permitted in the development shall be the sum of the dwelling units permitted in each of the residential zones. Within a PUD , the permit ted number of dwelling units may be distributed without regard to the underlying zoning.
B. Lot Dimensions. The minimum size parcel containing the PUD shall be one acre. However, there shall be no minimum lot dimensions of area, width or depth of the planned unit lots within the PUD.
C. Yards. Special building setback or yard requirements may be established which are based on design and relation of buildings to each other and to topography. All structures, however, shall be set back from the right-of-way of public or private streets at least ten feet, excepting parking structures with an entrance at approximate right angles from a public or private street shall maintain a minimum setback of twenty feet from the sidewalk or curbline if a sidewalk does not exist toward which it is directed.
D. Height. The permitted height of buildings and structures shall meet the requirement of the underlying zone, except greater heights may be permitted if the city council planning commission finds sufficient evidence that in creased height will benefit the project, will be compatible to the surrounding development and area, and not unduly block the view of surrounding properties and scenic highways.
E. Parking. A nonresidential PUD shall provide parking in accordan ce with the requirements of the underlying zone. A residential PUD shall provide parking as required per the underlying zone, plus visitor parking shall be provided at a ratio of one space for every unit. Such parking shall be conveniently accessible to the units they are intended to serve. Credit may be given for on-street parking provided the street is totally within the project and a parking lane is provided.
F. Private Streets. Private streets may be permitted within a PUD provided their width and geome tric 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 council planning commission may reduce the minimum required width of private streets, provided the reduced width is desirable to accommodate improved site design, increase open space, retention of natural features, etc. and, further, that provisions are made for saf ety vehicles, rubbish removal and other similar needs by such means as alternative access, built -in fire protection, etc.
G. Open Space—Residential.
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1. Common open space areas designed for active recreational use such as swimming pool, tennis court, golf course, children’s playground, picnic area, shall be provided for all residential developments based on the density of the project as follows:
Range of Dwelling Units per Gross Acre Amount of Usable Open Space Area Square Feet per Dwelling Unit
Less than 4 600
4 to 9.99 500
10 to 20 450
Greater than 20 400
Areas designed for active recreational uses located on roofs of buildings, but not involving private patios, may satisfy the open space requirements.
2. The city may require the preservation of scenic natural features such as rock outcroppings, flood plains, native vegetation, vistas, or other features deemed worthy of preservation. Credit for the usable open space requirement may be given not to exceed fifty percent of the required amount.
3. Commonly owned and maintained open space and recreation areas shall be readily accessible to all dwelling units.
H. Open Space Required—Nonresidential. Usable open space for nonresidential PUDs shall be provided at a minimum ratio of one square foot for ea ch ten square feet of gross building floor area as measured at ground level only. It is intended that this open space be designed for use by customers or employees. It may be active or passive and shall be in addition to required yards and open parking lot areas. Credit for the open space requirement may be given for the construction of public -oriented amenities such as statuary, fountains, natural areas, etc. The credit shall not exceed fifty percent of the open space required.
I. Landscaping Standards. Op en ar eas (not used for recreation, natural areas, parking, or private yards) shall be landscaped, provided with an irrigation system, and maintained. The design of the landscaped areas and plant materials used shall be planned comprehensively for the entir e sit e, and where landscaped areas are commonly owned, provisions shall be made for maintenance.
J. Storage of Recreation Vehicles, Trailers and Boats.
1. Lots within Development. Recreational vehicles, trailers, boats, campers, etc. may be stored on lots with an area more than seven thousand two hundred square feet, within a planned unit development.
2. Storage Area. An area within the planned development may be specifically reserved for the storage of recreational vehicles, trailers, boats, campers, etc. owned by the residents of the development. When a storage area is proposed, it shall conform to the following minimum standards:
a. The area set aside for storage shall contain at least forty square feet per dwelling unit or lot. b. The area shall be scree ned from view by a combination of fencing and landscaping. However, if the storage area is adjacent to a public road, it shall be separated from the right -of-way by a six foot block wall with a cap and screened with landscaping.
K. Refuse Areas. Centralized refuse pickup areas shall be required for residential development with five or more dwelling units and for nonresidential development if deemed to be necessary.
L. Signs. In addition to signs allowed by the underlying zone, community identity signs ident ifying the entire PUD or major portions thereof are permitted. The type, location, height and size of signs shall be determined as a part of the permit and shall relate to the location and design of the PUD.
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M. Placement of Buildings.
1. The distance betwe en any building used for human habitation and any other building shall be not less than ten feet;
2. Distance between any uninhabited buildings or structures shall be not less than five feet;
3. The distance between wings or courts of a building shall be not less than ten feet;
4. Two or more individual building units may be attached or combined into a single structure in a planned unit development.
N. Pedestrian Walkways. Walkways shall be provided to connect all building entrances and recreational buildings with the parking areas. Walkways shall be concrete with an unobstructed width of at least four feet. Alternate materials such as tile, brick or wood may be used as architectural features with city council planning commission approval. In addition, the city council planning commission may require and specify construction standards for hiking, equestrian and bicycle paths.
O. Building Construction Requirements. Each attached individual unit shall be constructed with at least two-hour fire-resistive construction for all separation walls.
P. Planned Unit Development Lots. Lots that do not meet the requirements of the underlying zone may be approved. There are no size nor configuration standards for such lots beyond those imposed as a part of the permit, but they s hall be reasonable as to intended use and relation to the project 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 granted by the city cou ncil planning commission shall be conditioned upon the privileges granted being utilized within two years after the effective date thereof. Failure to utilize such permit within this period will automatically void the same, unless an extension of tim e has been granted. Construction must actually be commenced within the stated period and must be diligently prosecuted to completion. If the city finds that there has been no construction substantial in character performed under the permit, or that there has been a lapse of work for six months, it may revoke the permit. During the two -year period referred to in this section, or during any extension thereof, the property covered by the PUD permit shall not be used for any purpose or use other than that authorized by the permit. (Ord. 262 § 4, 1989; Ord. 80 Art. V(S)(12), 1984)
9.94.130 Extension of time.
The city council planning commission may, by resolution, grant an extension of time for a PUD in accord with the extension 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 request for an amendment shall be submitted to the city planner in written form a nd shall be accompanied by such additional graphics, statements, or other information as may be required to support the proposed amendment.
B. If the planning commission considers the amendment minor in nature, the additional graphics, statement or other i nformation may be approved by the planning commission and made part of the original city council approval without the necessity of a public hearing.
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C. A minor amendment shall not change the boundaries of the subject property, or involve an addition of a new use or group of uses not shown on the original permit or the rearrangement of uses within the development, or changes of greater than ten percent in approved densities, y ards, height, open space or landscaping. If the planning commission determines that the amendment is not minor or that a hearing is otherwise necessary, it shall set the matter for public hearing.
D. If a public hearing is required, the applicant shall submit a completed application with graphics, statements, or other information as may be required to support the proposed modification.
E. Payment of a fee as established by city council resolution.
F. An application for an amendment of a PUD shall b e 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 proposed PUD shall not be issued until a final subdivision map has been recorded for the pr oject. A final map which deviates from the conditions imposed 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 issued until the applicant has filed and secured approval of a final PUD plan. The final PUD plan shall include:
1. Improvement plans for private stre ets, water, sewerage and drainage systems, walkways, fire hydrants, parking areas and storage areas. The plan shall include any off-site work necessary for proper access, or for the proper operation of water, sewerage or drainage systems;
2. A final grading plan;
3. Final elevation plans;
4. A final landscaping plan including methods of soil preparation, plant types, sizes and location; irrigation system plans showing location, dimensions and types; and screening;
5. A plan for lighting of streets, driveways, parking areas, walks and recreation areas.
B. Where a PUD contains any land or improvemen ts proposed to be held in common ownership, the applicant shall submit a declaration of covenants, conditions and restrictions with the final PUD plan.
Such declaration shall set forth provisions for maintenance of all common areas, payment of taxes and all other privileges and responsibilities of the common ownership and shall be reviewed by and subject to approval by the city planner and city attorney.
C. A final PUD plan may be submitted for a portion of the development provided the city council planning commission approved the construction phases as part of the permit and subdivision map approval. The plan for the first portion must be submitted within the time li mits 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, storage areas, screening, sewers, drainage facilities, utilities, open spa ce, recreation facilities and other improvements not dedicated to public use shall be maintained by the property owners. Provisions acceptable to the city sh all be made for the preservation and maintenance of all such improvements prior to the issuance of building permits.
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(Ord. 262 § 4, 1989; Ord. 80 Art. V(S)(17), 1984)
9.94.180 Failure to maintain.
All commonly owned land, improvements and facilities shal l be preserved and maintained in a safe condition and in a state of good repair. Any failure to so maintain is unlawful and a public nuisance endangering the health, safety and general welfare of the public and a detriment to the surrounding community.
(Ord. 262 § 4, 1989; Ord. 80 Art. V(S)(18), 1984)
9.94.190 Appeal process.
A. Any person aggrieved or affected by the final determination of the planning commission concerning an application for a planned unit development including any conditional requirement imposed on the project may appeal the decision within ten calendar days fr om the planning commiss ion’s decision by filing the city’s appeal application with the planning department and paying the established fee as set forth by the city council.
B. The city planner or designee shall schedule a public hearing.
C. The city planner or designee shall transmit to the city council a written report, copies of the application, and copies of all other papers constituting the record upon which the commission’s decision was taken, including, but not limited to, the minutes of all hearings t hereon and shall submit to the council a written report, prepared from the record upon which the final determination was made, stating the factual and legal basis on which the commission found and determined that the application met or failed to meet the criteria and requirements provided in this chapter for granting a planned unit development.
D. The council may affirm, reverse or modify, in whole or in part, any final determination, condition or requirement of the commission which is appealed from or orde red to be reviewed by t he council. After reviewing the record of the commission’s proceedings relating to the decision, condition or requirement appealed from or ordered to be reviewed by the council, including, but not limited to, the application, minutes of hearings, notice of appeal and the commission’s report, the council may affirm without further action the determination, requirement or condition appealed from or ordered to be reviewed.
E. On the date a notice of appeal is filed under this chapter, or on the date the counci l orders a review of the commission’s determination, condition or requirement, all proceedings in furtherance of the determination, condition or requirement appealed from or ordered to be reviewed by the council, including the effective date of the permit in question, shall be stayed until the final determination by the council of the appeal or council-initiated review.
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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 b e 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 th e 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 yard s 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 co mmercial 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.
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5. The city planner may approve a deviatio n from the standards within this section pertaining to height, location, and undergro unding utilities where the city planner finds that locating th e antenna i n 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 inte rference 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 propo sed antenna. The city planner shall exercise the discretion granted hereby to assure compliance with 51 Fed. Reg. 5519; 47 C.F.R. 25.104.
B. Commercial Antennas. Commercial antennas are permitted in all 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 pr oposed 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 locat ion 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 o nly in conjunction with the sale at retail of food and groceries in which not less tha n fifty perce nt 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, liq uor, and other alcoholic beverages. A condition shall also be imposed that the retail display area for food, groceries, sundries and other non -motor vehicle fuels comprises not less than one thousand eight hundred square feet of indoor retail space. In add ition, 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 are a 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 t he 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)
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9.96.130 Game arcades.
A. Game arcades are permit ted 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 security concerns, noise, hea lth, safety and public welfare concerns of all typ es, 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, w alls 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 whi ch applies to and receives a special use permit which the mayor and city council may a uthorize subj ect 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 cate gories 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 categor y 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.
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a. Site area lighting and security lighting shall be provided, but in such a manner to prevent glare and view of the light source from public streets or adjacent property; b. Noise attenuation devices shall be installed on all equipment and in areas subject to generation of sound in such a manner so as not to permit any loud sounds to project be yond the building. In addition a noise analysis shall be provided to demonstrate that noise levels measured at the boundary of the site will not exceed the 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, bu ilding 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 convenience 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 desi gn shall incor porate a stor efront appearance along commercial and scenic arterials (where determine d 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 p ublic 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 per mitted only where specifically enumerated within a zone district. Due to continuing proliferation of auto-related service uses along the
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city’s commercial co rridor 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 the outdoor nature o f their primary activity and the inte nsive vehicul ar 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 imposed by a permit therefor. If there is any conflict between the provisions of this chapter and any property development standards for service stations uses in a particular zone, the more restrictive provisions shall apply.
B. Accessory Uses or Combined Uses. Restaurants and convenience food markets or other similar uses may be permitted if the planni ng commission finds that: (1) the activity is int egrated with the service station operation and both activities are compatible with the other; (2) the access ory use in combination 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 thousan d 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 s ite 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 o n a lot of less 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.
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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 city eng ineer or enginee r of that governmental body having jurisdiction ov er 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 queuing in a manner which minimizes possible hazard or slowing of vehicles on adjacent city streets. Reciprocal access/parking arrangements may be required with adjacent properties to enhance public convenience and safety.
I. Walls and Screening. Low profile screen walls, landscaping, earthen berms or any co mbination thereof shall be installed o n 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 except where approved cross drives exist.
However, greater planting area shall be provided where specified by specific plans, specific zone district standards or other established city policies and guidelines.
K. Restrooms/Comfort Stations. Re strooms 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 proposed (whether in parking areas or under canopies) shall be shown on plans. Exterior li ghting 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, e tc. 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 a mount of waste going to area landfills, the development of loc al d iversion facilities must be accommodated so that recyclable materials are segregated and di verted from othe r waste materials before disposal at local landfills.
B. Applicability. Subject to conditional use permit 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 regu lations and any co nditions
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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 app lication for a cond itional use permit, an application for a diversion facility shall include the following:
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 quantit y of material to be collected and/or processed; the manner of processing; the type, anticipated quantity and destination of all materials to be diverted from landfill disposal; the type, intended use and anticipated quantity of any end products of any processing to be 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 fo r 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, dire ctly or indirectly, from disposal at landfill facilities.
E. Exceptions. Composting activities are not subject 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 ha ve 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 fi le 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 al ong street front ages and project perimeters to reduce public
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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 shall be employed to the fullest extent permitted by the state and federal regulatory agencies with subject matter jurisdiction.
J. Access/Parking. Access to a diversion fa cility shall be solely from a pub lic roadway d esigned for a vehicle capacity at lea st 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. O n 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 diversion 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 marketi ng 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 along major str eets assuring compatibility between a broad range of uses there is a ne ed for regul ating 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
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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 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 s hall 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 s ite plan and no part of any area designated for vehicle di splay/storage shall be credit ed toward re quired 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 conduc t of the operation. Por table office trailers and other temporary buildings are not permitted;
5. All exterior lighting shall be installed and maintained in s uch 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 approval 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 an d 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 g uidelines. 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 ent ire scope of pot ential issues including the appropriateness of the nonconforming use it s existing l ocation and may deny said application and require abandonment of the nonconforming use.
F. Amortization of Nonconforming Uses.
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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 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 the record owner, and posted on the property. One copy thereof shall be served on each of the foll owing 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 subsect ion 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 mad e 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 any 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 provided by this subsection shall be effective on the date of mailing;
6. Proof of service of the notice shal l 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 off icers to hear r equests for extensions of abatement filed purs uant to this section. The city may, in its sole discretion, request that
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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 city 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 findin gs 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 si xty days, nor mo re than one hundred 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 s hall be su bstantially in the following form, but may include other information:
You ar e hereby not ified 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 of subpoenas to compel the attendance of witnesses, and the produ ction of books, docum ents or othe r things by filing an affidavit therefor with the abatement hearing officer.
10. The hearing officer shall establish such pr ehearing procedures for discovery and disclosure of witness and documents as a hearing o fficer shall, upon consultations with the ap pellant 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 an y 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 fi ling 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 evide nce 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, wh ich might make i mproper the admission of such evidence over objection and civil actions of the courts of competent jurisdictions in the state;
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j. Irrelevant and unduly repetitious evidence shall be excluded; k. In reaching a decision, official notice may b e 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 cou rse 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 duri ng inspection, and the hearing officer shall state for the record, 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 req uest 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. Th e city may then cross- examine the witnesses presented on b ehalf of the appellant. The c ity may then present evidence. The appellant may then cross-examine the witnesses presented on behalf of the city. The hearing officer may make whatever changes in the order of proof the hearing officer determines are necessary; o. Upon receipt of all evidence, the hearing officer shall retire to deliberate and shall render a de cision not less than thirty days after the da te of the hearing. The appellant has the burden of persuasion 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 office r 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;
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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 written 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 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 ci ty 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 f indings of fact, the determination of the issues presented, and the final date for abat ement. A cop y 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 ci ty 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 approv al of a co nditional use permit (CUP). A CUP shall only be approved based on the finding s that the p roposed 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;
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9. The e vent shall not degrade or cause u ndue problems for nearby uses or the immediate surrounding neighborhood;
10. Provisions are made to ensure collection of fees and taxes as required per city regulations.
C. Revocation. The planning commission may revoke the CUP for good cause including the following:
1. The swap meet is no longer compatible with the land uses and development in the area;
2. Conduct of the use interferes with the normal flow of vehicular or pedestrian traffic on any public right- of-way;
3. False information was given in connection with the application for or obtaining of the permit;
4. There was a violation of or a failure to comply with any condition attached to the permit or of any other applicable rules or regulations;
5. Permittee has failed to bar any customer or participant who is in violation of the permit conditions, or is engaged in activities in violation of any federal, state or local law;
6. Any other reason exists for which the permit mi ght have bee n lawfully denied in the first i nstance, or that for any reason the continued opera tions 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, seni or 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 wi thin 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 e xisting 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 p lanning 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 addit ional spaces if it is found that, because of design or multitenancy rooms, there could be additional tenants, thereby increasing the parking demand.
E. Common Activity Areas.
1. Senior Housing Developments. There shall be a ratio of at least thirty square feet of indoor a nd forty square feet of outdoor common a ctivity area for each unit or f or every two hundred square feet within rooms designated for multitenancy;
2. Elderly Housing Developments. There shall be a ratio of at least twenty square feet of indo or 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 and co ntain five hundred square feet of habitable floor area, plus at least two hundred square feet additional floor area for each additional bedroom.
2. Elderly Housing Developments. Each dwelling unit 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 su ch project conti nues to qualify for the specific development conditions under which a pproval was gr anted, covenants, conditions and restrictions shall be required prior to development construction. Said CC&Rs shall make provision for enforcing age limitati ons, 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 th e 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 pigs 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 fowl 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 k ept 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 appeal 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 class ified 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 contained in this chapter, no person, firm or corpor ation shall keep any kind of animal, as menti oned in this chapter, or otherwise, without housin g 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 str ictly 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 req uires 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 developme nts 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 u se” 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 pla nning, 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 insti tution, 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 d evelopment 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 whic h satisfies this chapter.
K. “Mixed-use development” means new deve lopment projects tha t combine an y 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 improvements 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 a ssociation (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 individ ual travel behav ior. TDM can include an emphasis on alternative travel modes to the sin gle-occupant vehicle, such as carpools, vanpools, and transit; reduction or elimination of the number of vehicle trips, or shifts in the time of vehicle commutes to other than peak period.
U. “Work site” means a building, or grouping of buildings located w ithin the ju risdiction 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 mo re persons. For the purpose of determining whether a new development project is subject to these re gulations, 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 e mployee 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 dev elopments 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 impa cts 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 percent 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 capital 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 mand atory 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 wher e appropriate should be a bus turnout and a direct pedestrian walkway from the development;
2. Provisions f or the implementation of bicycle lanes, including bicycle 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 dev eloper’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; Establish 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 that 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, the 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 t he 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 pl an 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 ac tion(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 applic able 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 no tice advising people with disabilities or their representative s that they may request accommodations from t he city’s residential development standards in acc ordance 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 d isability 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 appli cant qualifies 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 subject 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 authority 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 alternative 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 t he 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 certi fied mail, retur n receipt r equested, to the applicant and to all interested persons.
D. If necessar y 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 detail what i nformation is required.
E. In the event a request for further inform ation is made, th e 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 appe al 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 /or 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 file an appeal of the notice of determination shall constitute a waiver of all rights to an administrative appeal hearing.
H. Within three days after the city 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 li sting 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 rej ect 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, the first hearing officer on the top of the list who has not been rejected shall become the selected hearing officer for purposes of presiding over that particular hearing. Once the hearing officer is selected, the city shall contact said officer to schedule a date, time, and location for the hearing.
J. As soon as practicable, but allowing sufficient time for providing notice of the hearing as r equired by this chapter, the h earing officer shall fix a date, time and place for the hearing of the a ppeal and s hall instruct the city planner of the same. The city planner shall prepare a notice of administrative appeals hearing (“hearing notice”), which shall be in substantially the same form as follows:
You are hereby notified that a hearing will be held before the 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 i n 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 office r 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 exami ne 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 this chapter are intended to benefit only the appl icant and such accommodations shall n ot be consid ered cov enants, conditions, restrictions or benefits that run with the land.
B. Upon the intended permanent vacation or abandonment of the subject dwelling b y 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 intends 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 fe es 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 requirin g 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 recrea tion 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 ar eas 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 home unit, and any other place designed, occupied or intended for occupancy as a separate living quarter by one or more persons for living, sleeping, cooking and eating. “Fair market value” means the fair market value of undeveloped residential real prop erty 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 c ity 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 ty pe 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 propos es to divide, divides or causes to be divided real property into a subdivision for himself or for others. “Subdivision” means that definition contained in G overnment 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 subdivisio ns, or to condominium projects or stock cooperatives that consist of the subdivision of air space i n 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 h owever, 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 structur e, or structures, on one or more of the parcels, within four years, the fee may be r equired to be p aid 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 fe es 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 n eed 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 t hree 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 pl aced 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 appr oval 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 r ecreational purposes as determined by a schematic site plan submitted by the subdivider.
D. The determination of the city planner as to whether the subdivide r 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 b e 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; a nd (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 2.87 (average
number of persons per
dwelling)*
x 0.003 (3 acres per
1,000 residents of the
subdivision)
= Number of acres
to be dedicated
*200020 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 with 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 acc ordance 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 d edicated 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 co nditioned 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 devel opment schedule adopted by the city council. The schedule shall specify how and when such land will be used for the development of neighborhood or community park facilities.
B. In-lieu fees paid pursuant to this chapter shall be used for the acquisition of land suitable for park and/or recreational use and the development of new and existing park and recreational facilities. (Ord. 612 § 2 2006)
9.106.120 Credits.
A. At the time of approval of the final tract map or parcel map, the subdivider shall receive a credit for the value o f park and recreation i mprovements, including equipment, provided to th e de dicated 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”) sha ll 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 t he active recre ational pursuits such as soccer, golf, baseball, softba ll and football;
2. Tennis courts, badminton courts, shuffleboard courts or similar har d-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 lan d 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 acqu isition 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 provided 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 trac e the fees from new residential subdivisions to specific projects funded by each subdivision. A ny interest accruing on account of time deposit of the fund, or otherwise, shall be deposited to the credit of the fund.
E. Upon receipt of a written application from the city planner for disbursement of monies from the park acquisition and development fund on account of expenditures made or proposed for the benefit or use of parks or recre ational f acilities, the director of finance shall immed iately advise the ci ty 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 w hether 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 t o 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, an d 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 th e 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 chapter 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 Sect ion 9.08.020 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 str ucture that: (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 of 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 di spensaries 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 A ct” 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 where 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 Title 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 bus iness 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 authorized to make policies and procedures consistent with the intent and spirit of this chapter c oncerning the applications, the application process, the information required of applicants, the application procedures and the administration and procedures to be used and followed in the application and hearing process.
D. Chapter 9.72 of this code shall govern and a pply to conditional use permits for cannabis businesses applied for or obtaine d pursuant to this chapter unless this chapter expressly states ot herwise. All requirements contained in this chapter shall be in addition to the applicable requirem ents 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 wi th the community development director city planner on the official form supplied by the city and sh all 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 conditi onal 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 busin ess 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 conduc ted 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 Section 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), the 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 cultivatio n 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 professional 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, th en 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 whe re 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 staf f 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 investigation and verification, including, but not lim ited to, the suitability of the proposed loc ation, 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 hearin g 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 comply 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 required pursuant to state laws, Chapter 5.88 of this code, any other provisions of this code, and any specific, additional operating procedures and measures as may be i mposed as conditions of approval in the conditional use p ermit; and
3. The cannabis bus iness will be located in a zo ning district where cannab is businesses of the type proposed are condi tionally 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 presented at the public hearing, the planning commissi on may impose reasonable terms and condition s 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 business 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 a re conditionally permitted. In addition, a conditional use permit shall not be approved for a canna bis 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 t he 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 pre mises 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 rig hts-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 t he 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 violati on 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 related to the approval of a conditional use permit or the operation of the cannabis bus iness; 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 s hall 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 (Oxi dizers, 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 pe rmit 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 app licant, 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 t he 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 chap ter 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 ca nnabis 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 o f 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 enfor cement mechanisms and remedies provided for in Title 13 of this code, or take action to revoke the conditional use permit pursuant to Section 9.72.130.
(Ord. 801 § 3, 2017)
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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 o f 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 thi s 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 vend ing of donation c ollections of any kind, including, but not limited to, furniture, household items, appliances, books, clothing, shoes, or other salvageable personal property.
(Ord. 764 § 1, 2015)
9.112.020 Collection donation bins prohibited.
The insta llation, establis hment and/or o peration of attended and unattended collection donation bins shall b e 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 issua nce of a business license, shall be a pproved or issued for the establishment or operation of attend ed 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 si ze and contained entirely within a one-family dwelling. A junior accessory dwelling unit may includ e separate sanitation facilities, or may share sanitation facilities with the existing structure, and includes an efficiency kitchen.
“Living area” means t he 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 p erson 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 reside 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 dwellin g 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 form s 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 aut omobiles 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 sha ll be permitted t hrough issuance of a building permit. No ADU shall be constructed without first ap plying 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 del ay. 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 compli ance 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 c ommenced 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 bu ilding permit for an accessory dwelling unit that meets the objective standards set forth in this c hapter 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 permi t, and includes a proposed or e xisting primary dwelling. Accessory dwelling un its are a residentia l 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 primar y dwelling unit, including building materials, color and roofing material.
4. Building Height. The accessory dwelling un it shall not exceed sixteen (16) fe et 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 fo r 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 pat hway 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, includ ing 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 hi gher 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 o r 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 t he 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 th rough 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, c arport, or covere d parking stru cture is demolished in conjunction with the construction of an acces sory dwelling unit or converted to an accessory dwelling unit, those off-street parking spaces are not required to be replaced. c. No additional parking sh all 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 public sewer system” as defined in Chapter 8.50, and a private sewage system will be used, it must be appropriately sized in compliance with the Building Code.
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 fr om the primary residence, but may not be sold or otherwise conveyed separate from the primary resid ence. 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 dwe lling units must comply with th e standards in this Section. For JADUs that are subject to the deve lopment 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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Staff Report
City Council
Item No. 3.G
Meeting Date: September 14, 2022
From: Kevin Biersack, Accounting Services Manager
Title: Fiscal Year (FY) 2022/2023 Operating/Non -Personnel Budget Adjustments
City Council
RECOMMENDATION:
To approve Fiscal Year (FY) 2022/2023 Operating/Non-Personnel Budget Adjustments
BACKGROUND:
The City of Cathedral City utilizes a biennial budget process – two separate, one -year budgets during the same approval cycle. Doing so has proven to be a good, effective strategy for these reasons:
• Cost and time savings reducing staff preparation time • Allows more time for program review and analysis of expenditures • More conducive to long -term strategic planning, forecasting and analysis/results of decisions
• De-politicize the budget process by adopting biennial budgets in non -election years
There are government agencies utilizing an annual budget process, creating more pressure on staff with almost simultaneous actions to:
• Close the previous year’s budget
• Administer the new year’s budget, and
• Plan the following year’s budget
DISCUSSION:
Fiscal Year (FY) 2022/2023 is year two of the City’s current biennial budget. With the volatility encountered during the COVID -19 pandemic, we have experienced a varying degree of instability and unknowns impacting our ability to complete our work on a timely basis, including:
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• Staff vacancies and shortages related to turnover/retention unsuccessful/delayed and multiple recruitments for the same positions • Resulting in delays in work, e.g., CIP pr ojects using Maintenance of Effort (MOE) and Parks Improvements
• Extraordinary increased costs related to inflation; insurance – cyber, natural disaster, etc; fuel costs; delays in supply deliveries resulting in operating (non- personnel) operating budget adjustments:
o FY 2021/2022 rolling over to FY 2022/2023 (one-time)
o FY 2022/2023 adjustments
At the September 1, 2022, City Council Study Session meeting to review and discuss FY 2022/2023 proposed budget adjustments, Council provided Staff direction to subm it operating budget adjustments for final review and concurrence. At a future date, personnel-related budget adjustments for FY 2022/2023 will be reviewed.
FY 2021/2022 Non-Personnel Rollover to FY 2022/2023
General Fund Budget Adjustments total $1,391,572, comprised of the following elements:
• Council Community Assistance $40,725
• Desert Recreation District formation activities $150,000 • Development Impact Fee Study $53,775
• Maintenance of Effort (MOE) match for SB-1 $509,072
• Parks Improvement and Maintenance Plan $593,000
• POA Premium Pay $45,000
Other Funds Budget Adjustments total $890,300 comprised of:
• Development Impact Fee Fund $640,300
• Environmental Fund $250,000
FY 2022/2023 Operating (Non-Personnel) Budget Increases
General Fund Budget Adjustme nts total $1,350,411, comprised of the following elements and amounts:
• CVAG Homeless $50,000
• Fleet $92,411
o Fuel $78,904
o Insurance $13,507
• Insurance (Crime / Cyber / Deadly Weapon / Liability/Property / Workers Comp / Medical / Dental / Vision / Short -term Disability / Long -term Disability totalling $1,050,000
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• National Pollution Discharge Elimination System (NPDES) Contractor Reviews $35,000
• Parks Turf Revitalization and Maintenance totaling $85,500, comprised of:
o Materials and Supplies $20,000
o Maintenance and Operations $30,500
o Water $35,000
• Dog Park Maintenance $30,000
• Flock Maintenance for Three Cameras $7,500
Other Funds Budget Adjustments total $1,127,866, comprised of the following elements and amounts:
• Blow Sand $65,000, comprised of:
o Gas Tax $20,000
o Measure A $20,000
o Environmental Fund $25,000
• Fleet $12,866
o Fuel $11,096
o Insurance $1,770
• Insurance (Crime / Cyber / Deadly Weapon / Liability/Property / Workers Comp / Medical / Dental / Vision / Short -term Disability / Long -term Disability $1,050,000 from the Insurance Fund
FISCAL IMPACT
The total operational General Fund budget adjustments reflect a total of $2,741,983 and the Other Funds budget adjustments reflect a total of $2,018,166.
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Staff Report
City Council
Item No. 3.H
Meeting Date: September 14, 2022
From: Charles McClendon, City Manager
Title: Resolution Establishing Rules for Commission and Committee Appointments
City Council
RECOMMENDATION:
To approve a resolution es tablishing rules for making appointments to Commissions and Committees.
BACKGROUND:
Over the years staff has faced challenges identifying members of the community to serve on some of the Commissions/Committees. No matter what outreach we utilize there are some Commissions for which we don’t receive enough interested applicants.
During a special study session meeting on June 1, 2022, staff discussed with Council different options for the appointment process and the possibility of paying stipends for some or all Commission meetings. After discussion, Council provided direction that they are not interested in stipends for any Commission. The did indicate, however, an interest in further discussion on how a process might work that would have individual Councilmembers nominate candidates for vacancies subject to ratification and formal appointment by the full Council.
Council discussed the proposed process for Councilmembers making nominations to the Commissions and Committees with ratification and formal ap pointment by the full Council during their study session on August 24, 2022. After discussion Council directed staff to prepare a resolution to formalize the plan.
DISCUSSION:
Discussion on Future Council Appointments to Commissions/Committees:
The process described in the resolution calls for the existing Commission and Committee members to be randomly assigned to Councilmembers. They were assigned first based on the district in which they reside. In situations where there are multiple Commissio ners in some districts and none in others, they were randomly reassigned to fill all the slots. The resolution exempts the Finance Advisory Committee (Municipal Code 3 .44.150 and the Mobile Home Fair Practices Commission
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(established by voter initiative).
Councilmember
Commission
Gutierrez Lamb Carnevale Ross Gregory
Planning Lee
2025
District 4
Thompson-
Cantua
2024
District 1
Daley
2023
District 1
Vacant
2023
Loe
2024
District 5
Architectural
Review
Rivera
2023
District 4
Hoss
2025
District 1
Burchard
2023
District 3
Keefer
2025
District 1
Vacant
2023
Public Arts Hopings
2023
District 4
Mojica
2025
District 1
Herrera
2024
District 3
Vacant
2024
Liebelt
2023
District 1
Parks and
Community
Events
Vericker
2023
District 4
Martinez
2025
District 1
Yarborough
2023
District 5
Hyland
2024
District 2
Puentes
2024
District 5
Historic
Preservation
Rivera
2025
District 4
Steinman
2023
District 1
Hunter-
Copper
2024
District 3
Corrales
2023
District 2
Vacant
2025
Whenever a vacancy occurs the Councilmember responsible for that slot would make a nomination, which would then be forwarded to the full Council for ratification and formal appointment. When there is a vacancy staff can prepare a notice for the City website and social media and the Councilmember can also post it on their social media. The notice will be posted in accordance with state law and will read something like this:
Cathedral City currently has a vacancy on the Historic Preservation Committee with a term expiring on June 20, 2023. Councilmember Raymond Gregory is seeking candidates interested in being nominated for the position. If interested, please go to www.cathedralcity.gov for an application. Completed applications must be submitted to the City Clerk [email protected] by September 15, 2022.
Staff can then arrange for interested candidates to meet with the nominating Councilmember either in a formal intervi ew session or over coffee or however the Councilmember wants to do it. Upon the Councilmember making the nomination staff will prepare the necessary agenda item to place it on the agenda for formal appointment by the full Council. This process can work if there is a single mid-year vacancy or at the end of the fiscal year when there may be multiple vacancies.
FISCAL IMPACT:
There is no fiscal impact to the City with this item.
ATTACHMENTS:
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Resolution Adopting Rules of Procedure for the Appointment of Persons to Subordinate Boards Committees and Commissions of the City Council (002)
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RIV #4867-8901-7648 v1
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CATHEDRAL CITY, CALIFORNIA, ADOPTING
RULES OF PROCEDURE FOR THE APPOINTMENT OF PERSONS TO
SUBORDINATE BOARDS, COMMITTEES, AND COMMISSIONS OF THE CITY COUNCIL ____________________________________________________________________________________
WHEREAS, City Council has from time to time established by ordinance specific boards, committees and commissions that are subordinate to the City Council and that assist the Council with various aspects of the City’s business (herein after “Commissions”); and
WHEREAS, Chapter 2.06, of the Cathedral City Municipal Code (hereinafter “CCMC”) provides general rules regarding the appointment, service, removal, terms and filling of vacancies of members of the Commission; and
WHEREAS, CCMC section 2.04.040 authorizes the City Council to adopt rules of procedure related to functions and activities of the Council; and
WHEREAS, the City Council desires to adopt rules of procedure to more clearly establish the manner in which the City Council will identify, recommend, and appoint members to the Commissions as provided in this Resolution:
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Cathedral City as follows:
1. The above recitals are true and correct and material to this Resolution.
2. Application of the Rules. The rules of procedure set forth in this Resolution shall apply to all boards, commissions, and committees, established by ordinance or resolution of the City Council, and which are subordinate thereto (“Commissions”). This resolution shall not apply to any board, committee or commission which has been established by voter- approved initiative or which was created to provide independent advisory review pursuant to a revenue or bond measure (e.g., Citizen’s finance advisory committee CCMC section
3.44.150), and which proscribes a specific process for the appointment of its members.
3. Process to Assign Commission Seat Numbers. Each seat on each Commission shall be assigned a number between 1 through 5 by means of a random number generator or other similar method selected by the City Manager. Each Councilmember shall then be assigned a numbered Commission seat on each Commission corresponding to the Council person’s numbered election District (i.e., 1 through 5) solely for purposes of recommending new appointees to the Commissions to fill vacancies in the assigned seats whether due to expiration of their term or due to other reasons.
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4. Appointments At-Large. Notwithstanding the method used to initially assign Commission seats, the recommendation of appointees may be on an at-large – city-wide – basis and is not limited to recommendation or appointment of persons residing in the Councilmember’s electoral district.
5. Notices of Vacancy. The City shall continue to provide annually a list of all Commissions and a list of all appointive terms which will expire during the next calendar year, and will also provide special notice of any unscheduled vacancy of a Commission seat, all in compliance with the Maddy Act (Government Code section 54970 et seq). In addition, each Councilmember may contact residents of the City individually or at large to further solicit interest in one or more of their assigned Commission seats.
6. Review of Applications. Each Councilmember shall review the applications received by the City related to each Commission seat to which they have been assigned and may interview one or more of the applicants, the Councilmember in their discretion, find to be qualified for the Commission seat, provided the questions asked are not of a confidential or personal nature or would otherwise be prohibited by law. Each Councilmember may also review materials provided by applicants attached to their application or submitted in advance of or at their interview.
7. Recommendation to Council. Each Councilmember shall select one applicant per assigned Commission seat for recommendation of appointment to the City Council. With the assistance of the City Manager’s Office, the Councilmember shall cause a staff report to be prepared for action by the Council recommending the person for appointment to the relevant Commission seat with a short summary of their background, qualifications and reasons for recommendation. The recommendation shall be placed on the next regular session of the Council as a consent calendar item.
8. Action on Recommendation / Appointment. Appointments are intended to be routine in nature and shall be placed on and acted upon as a consent calendar item, unless removed by one or more Councilmembers for comments, questions or discussion. A majority of the Council membership shall be required to confirm the appointment, except for the reappointment of an applicant who has already served for two (2) full terms on the Commission in which event CCMC section 2.06.010.D requires the affirmative vote of at least four (4) Councilmembers.
9. Removal of Appointees. Removal of appointees shall be governed by CCMC section
2.06.010.B.
10. Interpretation / Application of Rules. The City Council or any Councilmember may at any time request that the City Attorney interpret these rules in the event of an ambiguity or opinion on the application of these rules to any potential or proposed recommendation.
11. Resolution does not Modify CCMC Chapter 2.06. This Resolution does not, and is not intended to modify or amend the provisions of CCMC Chapter 2.06 and at all times its express provisions shall govern in the event of any conflict between this Resolution and Chapter 2.06.
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Passed and adopted at a meeting of the City Council of the City of Cathedral City, held on the __________ day of ____________________.
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
_______________________________________
Ernesto Gutierrez, Mayor
ATTEST:
____________________________
Tracey Hermosillo, City Clerk
APPROVED AS TO FORM:
____________________________
Eric S. Vail, City Attorney
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Staff Report
City Council
Item No. 3.I
Meeting Date: September 14, 2022
From: Tracey Hermosillo, City Clerk
Title: Accept Resignation of Piper Scott from the Public Arts Commission
City Council
RECOMMENDATION:
To accept the resignation of Piper Scott from the Public Arts Commission effective immediately and direct staff to proceed with filling the vacant seat.
BACKGROUND:
Piper Scott was appointed to serve on the Public Arts Commission on June 16, 2021 for a full-term expiring June 30, 2024.
DISCUSSION:
On August 23, 2022, staff received an email from Piper Scott submitting her resignation from the Public Arts Commission effective immediately.
With the resignation of M s. Scott, the Public Arts Commission will have one vacancy with a term continuing to June 30, 2024.
Staff recommends the City Council direct staff to do the following:
• Pursuant to Government Code 54974, post a Notice of Vacancy. No appointment can be made sooner than 10 days after the Notice of Vacancy has been posted.
• Post vacancy on social media and City website and publish in the Desert Sun.
FISCAL IMPACT:
There is no fiscal impact with this item.
ATTACHMENTS:
Resignation_Piper Scott
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From: Piper Scott
Sent: Tuesday, August 23, 2022 5:37 PM
To: Ernesto Gutierrez <[email protected]>
Cc: Stone James <[email protected]>; Christina Burton <[email protected]> Subject: Piper Scott
Dear Mayor Gutierrez,
After careful thought and consideration to my seat on the Public Art Committee, I have decided to resign. I was carefully thinking about if I did get the Chair position at our next meeting, could I give it 100%? And the answer was no. I am working full-time for PSUSD and The Chuck Jones Center for Creativity as well as my own commissions.
I feel this is a good time to resign because the voting for the new seats are taking place.
I appreciate and am truly honored to have served a full year for Cathedral City in the Arts.
I am always available to discuss any work you may want to do within the school system and the students.
I must say in parting what a wonderful addition Commissioner Liebelt is to PAC.
He knows so much about art and the art world. He has great passion for this committee and would make an astounding Vice Chair or Chair!
He is never without a great thought or idea for the arts and fundraising. I am grateful to have met him and he has become a friend of mine.
Thank you again for the opportunity to serve on the Public Art Committee, I really appreciate it.
Piper Scott
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Staff Report
City Council
Item No. 3.J
Meeting Date: September 14, 2022
From: Charles McClendon, City Manager
Title: Second Reading Cannabis Ordinance Amendment Chapter
5.88 City Council
RECOMMENDATION:
To waive reading beyond the title, provide second reading and adopt an ordinance amending Chapter 5.88 of the municipal code regarding the regulation of cannabis businesses.
BACKGROUND:
With the passage of Proposition 64 by California voters, C annabis businesses became fully legal for both medicinal and adult use. The full implementation of Prop 64 became effective January 1, 2018. The industry continues to grow and mature in Cathedral City.
On September 8, 2021, Staff provided an update to the City Council at their study session, covering the history of tax collections in Cathedral City and discussed a request from a business owner to consider a retail “tax holiday”. At that time, Council declined to proceed with a tax holiday.
After the Cannabis Task Force meeting held on November 29, 2 021, staff provided an update to the City Council in study session on January 12, 2022 and reviewed the discussions of the Task Force. As result of that meeting , Council asked staff to conduct a full review of the City’s Municipal Code provisions related to Cannabis, the tax and fee structure and related data.
The data and staff suggestions resulting from that review were presented to the Cannabis Task Force during a meeting on April 11, 2022. All task force members were present for the discussion and th e primary topics of the meeting were reviewed with Council during the presentation on this item.
The recommendations from the staff and task force were presented to the City Council during a study session meeting on April 20, 2022. Council agreed with ma ny recommendations related to the regulations, asked for more information on others and asked for a follow -up discussion on taxation. Details on direction provided by Council
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are included in the discussion section below.
A follow-up study session discussion was held on May 11, 2022. The outcome was the Council asked staff to separate the tax discussion from the ordinance revisions in that they do not necessarily need to be addressed together. The direction was to proceed with modifications to the defini tions regarding taxable area for the cultivation tax. This went to Council separately on June 8, 2022. Therefore, this report no longer discusses any issues related to taxation. The other direction provided on May 11 was to provide additional informatio n related to the proposal to allow outdoor consumption lounges.
Specifically, the outstanding questions related to the locations of existing and licensed dispensaries and their distances to Resort Residential neighborhoods and to provide more specific regulations related to odor control for outdoor lounges.
The discussion regarding outdoor lounges, including setback and odor control requirements was held during study session on August 10, 2022. Direction was given to staff to include provisions to allow and regulate outdoor lounges with proper setback from residential neighborhoods, including Resort Residential.
The ordinance amendment was introduced and provided first reading on August 24, 2022.
DISCUSSION:
MUNICIPAL CODE REVISIONS:
Over the course o f the multiple prior study session discussions , Council provided adequate direction to allow staff and legal counsel to work on the amendments to Chapter 5 and Chapter 9 and the changes as summarized below have been prepared for consideration and possible action. The Chapter 9 revisions are included in a separate item on the agenda tonight as part of the comprehensive zoning code update.
The changes to Chapter 5 are summarized below:
• Under 5.88.025 Definitions there is a definition of Good Cause to deny or suspend a local license. The current language is as follows:
“Good cause” for purposes of denying an initial local license issuance, for suspending or revoking a local license, or for denying a local license renewal, means:
1. The applicant or licensee has violated any of the terms, conditions or provisions of this chapter, of state law, of any regulations and rules promulgated pursuant to state law, any applicable local rules and regulations, or any special terms or conditions placed upon i ts conditional use permit, state license, or local license;
The ordinance amendment makes the following change:
1. The applicant or licensee has been cited for violating any of the terms, conditions or provisions of this chapter, of state law, of any regulati ons and
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rules promulgated pursuant to state law, any applicable local rules and regulations, or any special terms or conditions placed upon its conditional use permit, state license, or local license;
• In the same section, also under the Good Cause definition is the following:
6. The applicant or licensee, or any owner of the applicant or licensee, operated a cannabis business in violation of this chapter or Chapter 9.108 of the code;
This language was deleted in the ordinance amendment as it is covered in the section noted above:
• The following language is under the definition of Owner:
A. A person with an aggregate ownership interest of ten percent or more in the person applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance.
The ordinance amendment changes this section to 20 percent to align with state law. • Under 5.88.035 Local license required there is the following language:
B. Beginning January 1, 2018, it is unlawful for a cannabis business to operate in the city unless it has been granted the appropriate temporary or permanent state license(s) for its commercial cannabis activities. Notwithstanding the foregoing, a ny licensee operating in the city prior to January 1, 2018, may continue to operate without a state license provided that it applies for the appropriate temporary or permanent license(s) from the state no later than forty - five days from the date that the s tate begins accepting applications. If the state denies the application for a temporary or permanent license(s) for any reason, the cannabis business must cease operations until such time as it obtains the appropriate temporary or permanent state license(s).
This was part of the initial transition to legal cannabis in California after the passage of Prop 64. The transition language is no longer necessary, and the ordinance amendment changes this section to read as follows:
B. It is unlawful for a cannabis business to operate in the city unless it has been granted the appropriate temporary or permanent state license(s) for its commercial cannabis activities. If the state denies the application for a temporary or permanent license(s) for any reason, the can nabis business must cease operations until such time as it obtains the appropriate temporary or permanent state license(s).
• Under 5.88.065 Cannabis business operational requirements is the following language:
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P. Seed to Sale Tracking Required. Until su ch a time that the state of California fully implements the track and trace program required by Section 26067 of the Business and Professions Code , a cannabis business must utilize seed to sale software, third -party software that tracks all sales, transfers, purchases, receipts, deliveries of cannabis and cannabis products. The software must be capable of producing electronic shipping manifests, tracking all cannabis inventor y in possession of the cannabis business, promptly identifying a discrepancy in the stock, and tracking cannabis from the end purchaser back to its source in the event of a serious adverse event.
The state program described is in place and this section of the code is deleted in the ordinance amendment.
• Also under 5.88.065 Cannabis business operational requirements is the following language:
R.2. Cannabis Waste. Cannabis waste must be made unusable and unrecognizable prior to leaving the licensed premises by grinding it and incorporating it with fifty percent non -medicinal cannabis waste. If necessary to protect the health and safety of individuals working on a licensed premises, a cannabis business may grind the stalk of a cannabis plant outside of its li censed premises provided all grinding activities occur within twenty feet of the licensed premises and cannot be seen from any public street.
R.3. Composting. A cannabis business may compost cannabis waste onsite, in accordance with this provision and a ll other applicable laws, rules, and regulations.
Staff has encountered some issues with odors that have been traced to the handling of waste. The ordinance amendment adds language to reinforce that waste and cannabis operations must be done in accordance with the conditional use permit which will consider placement of containers and impose odor control requirements. • Under 5.88.070 Dispensary operational requirements is the following language:
A. Limited Hours of Operation. A dispensary may only be open to the public and engage in sales between the hours of eight a.m. and ten p.m.
B. Product Not Visible To Public. The display of cannabis and cannabis products for sale shall not be visible from outside the licensed premises.
State law allows businesses to ope rate from 6 a.m. to 10 p.m. The policy question is does the City want to be more restrictive than state law. Additionally, the Planning Commission has recommended the elimination of item B. They believe the requirement makes buildings less aesthetically pleasing and inhibits the use of windows and glass as design features. The same provision related to visibility exists related to cultivation businesses in 5.88.080 Cultivation operational requirements in section D.
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The amendment changes the operating ho urs to align with state law . The prohibition on visibility of the product is deleted from the amendment and language is added indicating the visible displays cannot include cartoon characters or other images designed to appeal to children.
Also under 5.88.070 Dispensary operational requirements is the following language:
I. Sale of Untested Products. A dispensary may sell cannabis or cannabis products that have not been tested by a testing laboratory from January 1, 2018 until such time as determined by th e state. Thereafter, all cannabis and cannabis products sold by a dispensary must be tested by a testing laboratory prior to sale to a purchaser in accordance with MAUCRSA.
Testing facilities are now available and operational, and this provision has been deleted from the amendment.
• Under 5.88.095 Packaging and labeling is the following language:
D. State-Mandated Warnings and Information. All cannabis and cannabis product labels and inserts shall include the state -mandated warnings and information contai ned in Business and Professions Code Section 26120(c).
Notwithstanding the foregoing, during the period of time that the state permits untested cannabis and cannabis product s to be sold to purchasers, all cannabis and cannabis products must have a label affixed to each package that clearly states “This product has not been tested as required by the Medicinal and Adult - Use Cannabis Regulation and Safety Act” and must comply wi th any other labeling requirements imposed by the state. (Ord. 800 § 1, 2017) The transition period is over, and testing is a state requirement. The text in red above is deleted in the amendment.
• Under 5.88.120 Civil fines is the following language:
Any person convicted of an infraction or misdemeanor violation shall, for each separate violation of this chapter, be subject to the following civil fines in addition to any infraction or misdemeanor penalties:
A. A fine in an amount not to exceed two hundred fifty dollars for a first conviction of an offense;
B. A fine in an amount not to exceed five hundred dollars for a second conviction of the same offense within a twelve -month period of the date of the first offense;
C. A fine in an amount not to exceed seven hundred fifty dollars for a third conviction of the same offense within a twelve -month period of the date of the first offense; and
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D. A fine of one thousand dollars for the fourth and subsequent convictions of the same offense within a twelve-month period of the date of the first offense.
The City is converting from having fines listed in the code to have fines adopted through a companion resolution and the ordinance deletes this section. A companion resolution establishing the fines is also on tonight’s agenda.
• Under 5.88.070 Dispensary operational requirements is the following language:
C. Cannabis consumption must occur within the interior building space of the dispensary. Consumption may not occur on patios, in par king areas, or in any other space that is not fully enclosed.
Language has also been added related to odor control requirements for outdoor lounges:
The cannabis business shall submit and abide by a certified odor control plan approved by the local licensi ng authority as a part of the license application and approval process. The plan shall include the use of a Vapor Phase System utilizing an odor neutralizer, such as Cannabolish or a similarly effective technology.
FISCAL IMPACT:
None with amending the co de or allowing outdoor lounges. Staff costs are recovered through the fees paid by the businesses. In calendar year 2021, total cannabis taxes paid to Cathedral City were $4,971,001.
ATTACHMENTS:
Cannabis licensing regulation clean up ordinance 8.15.22
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ORDINANCE NO. _______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY AMENDING CHAPTER 5.88 (CANNABIS
BUSINESSES)
WHEREAS, the City of Cathedral City has allowed a wide range of cannabis businesses to operate within the City, subject to licensing and other regulatory requirements, since Proposition 64 legalized medicinal and adult-use cannabis; and WHEREAS, as the cannabis industry and State regulations evolve, the City desires to update its local regulations to address new concerns and ensure consistency with State requirements; and
WHEREAS, the City Council and Cannabis Task Force have held study sessions on proposed revisions to the City’s cannabis regulations and provided input and direction on desired changes.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1 AMENDMENT OF SECTION 5.88.025 (DEFINITIONS)
A. The definition of “good cause” in Section 5.88.025 is amended as follows:
“Good cause” for purposes of denying an initial local license issuance, for suspending or revoking a local license, or for denying a local license renewal, means:
1. The applicant or licensee has violated been cited for violating any of the terms, conditions or provisions of this chapter, of state law, of any regulations and rules promulgated pursuant to state law, any applicable local rules and regulations, or any special terms or conditions placed upon its conditional use permit, state license, or local license;
2. The premises has been or is proposed to be operated in a manner that adversely affects the public health, safety or welfare or the safety of the immediate neighborhood in which the establishment is located;
3. The applicant or licensee has knowingly made false statements, misrepresentations or material omissions on an application form, renewal form, or any other document submitted to the city;
4. The criminal history of the applicant’s or licensee’s owner(s) indicates that one or more of the owner(s) lack good moral character; 5 An owner of the applicant or licensee is a licensed physician providing physician’s recommendation to qualified patients for medicinal cannabis;
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6. The applicant or licensee, or any owner of the applicant or licensee, operated a cannabis business in violation of this chapter or Chapter 9.108 of the code;
76. The applicant or licensees, or any owner of the applicant or licensee, is a person who is prohibited from holding the license under this chapter;
87. The premises proposed to be licensed or the licensed premises is located on land that is owned by the United States and held in trust for any federally- recognized Indian tribe or any member of the tribe, or that is subject to a restriction on alienation imposed by the United States;
98. For renewals, suspensions and revocations, the licensee has allowed a person whose criminal history indicates that person is not of good moral character to work within the premises as an employee, independent contractor, or volunteer; or 109. For renewals, suspensions and revocations, the licensee fails to allow inspection of the security recordings, activity logs, or business records of the licensed premises by city officials.
B. The definition of “Owner” is amended as follows:
“Owner” means any of the following:
1. A person with an aggregate ownership interest of ten twenty percent or more in the person applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance.
2. The chief executive officer of a nonprofit or other entity.
3. A member of the board of directors of a nonprofit.
4. An individual who will be participating in the direction, control, or management of the person applying for a license.
SECTION 2 AMENDMENT OF SECTION 5.88.035 (LOCAL LICENSE
REQUIRED)
A. Paragraph B of Section 5.88.035 is amended as follows:
B. Beginning January 1, 2018, it is unlawful for a cannabis business to operate in the city unless it has been granted the appropriate temporary or permanent state license(s) for its commercial cannabis activities. Notwithstanding the foregoing, any licensee operating in the city prior to January 1, 2018 may continue to operate without a state license provided that it applies for the appropriate temporary or permanent license(s) from the state no later than forty -five days from the date that the state begins accepting applications. If the state denies the application for a temporary or permanent license(s) for any reason, the cannabis business must cease operations until such time as it obtains the
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appropriate temporary or permanent state license(s). It is unlawful for a cannabis business to operate in the city unless it has been granted the appropriate temporary or permanent state license(s) for its commercial cannabis activities. If the state denies the application for a temporary or permanent license(s) for a ny reason, the cannabis business must cease operations until such time as it obtains the appropriate temporary or permanent state license(s).
SECTION 3 AMENDMENT OF SECTION 5.88.065 (CANNABIS BUSINESS
OPERATIONAL REQUIREMENTS)
A. Paragraph I of Section 5.88.065 is amended as follows:
I. Cannabis Consumption on Licensed Premises. Smoking, vaporizing, ingesting, or otherwise consuming cannabis and cannabis products at a licensed premises is prohibited, except on the premises of a licensed dispensary in accordance with Section 5.88.070(JK). “Licensed premises” as used in this subsection includes the actual building, as well as any accessory structures, common areas and parking areas. A sign shall be posted at each entrance to a licensed premises that clearly and legibly states, “Smoking, vaporizing, ingesting, or otherwise consuming cannabis or cannabis products on these premises or in their vicinity is prohibited and a violation of the Cathedral City Municipal Code.” B. Paragraph P (Seed to Sale Tracking Req uired) of Section 5.88.065 is deleted in its entirety, and all subsequent paragraphs within the section are re-lettered to maintain alphabetical order.
C. A new subparagraph 4 is added to paragraph Q (Waste Disposal) of Section 5.88.065 to read as follows:
4. Odor. Disposal of cannabis waste shall be done in a manner consistent with the conditional use permit for the business. The conditional use permit may include conditions to minimize odor generated by cannabis waste, including but not limited to the placement of waste containers and the imposition of odor control requirements.
SECTION 4 AMENDMENT OF SECTION 5.88.070 (DISPENSARY
OPERATIONAL REQUIREMENTS)
A. Paragraph A of Section 5.88.070 is amended as follows:
A. Limited Hours of Operation. A dispensary may only be open to the public and engage in sales between the hours of eight six a.m. and ten p.m.
B. Paragraph B of Section 5.88.070 is amended as follows:
B. Product Not Visible To Public Displays. The display of cannabis and cannabis products for sale shall not be visible from outside the licensed premises include cartoon characters or other images designed to appeal to children .
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C. Paragraph I (Sale of Untested Products) is deleted in its entirety and all subsequent paragraphs in the section are re -lettered to maintain alphabetical order.
D. Subparagraphs 3 and 4 of Paragraph J (Consumption of Cannabis and Cannabis Products on Premises) are amended as follows:
3. Cannabis consumption must occur only within the interior building space of the dispensary areas designated for consumption by the license. Consumption may not occur on patios, in parking areas, or in any other space that is not fully enclosed.
4. The cannabis business must install and maintain in good working order an odor control system in accordance with Section 9.108.080(A)(1). Odors caused by the consumption of cannabis at the dispensary must not be detectable from any public place. The cannabis business shall submit and abide by a certified odor control plan approved by the local licensing authority as a part of the license application and approval process. The plan shall include the use of a Vapor Phase System utilizing an odor neutralizer, such as Cannabolish or a similarly effective technology.
SECTION 5 AMENDENT OF SECTION 5.88.095 (PACKAGING AND
LABELING)
A. Paragraph D of Section 5.88.095 is amended as follows:
D. State-Mandated Warnings and Information. All cannabis and cannabis product labels and inserts shall include the state-mandated warnings and information contained in Business and Professions Code Section 26120(c).
Notwithstanding the foregoing, during the period of time that the state permits untested cannabis and cannabis products to be sold to purchasers, all cannabis and cannabis products must have a label affixed to each package that clearly states “This product has not been tested as required by the Medicinal and Adult-Use Cannabis Regulation and Safety Act” and must comply with any other labeling requirements imposed by the state.
SECTION 6 AMENDMENT OF SECTION 5.88120 (CIVIL FINES)
A. Section 5.88.120 is amended as follows:
Any person convicted of an infraction or misdemeanor violation shall, for each separate violation of this chapter, be subject to the following civil fines in amounts set by resolution of the city council in addition to any infraction or misdemeanor penalties.:
A. A fine in an amount not to exceed two hundred fifty dollars for a first conviction of an offense;
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B. A fine in an amount not to exceed five hundred dollars for a second conviction of the same offense within a twelve-month period of the date of the first offense;
C. A fine in an amount not to exceed seven hundred fifty dollars for a third conviction of the same offense within a twelve-month period of the date of the first offense; and
D. A fine of one thousand dollars for the fourth and subsequent convictions of the same offense within a twelve-month period of the date of the first offense.
SECTION 7 SEVERABILITY
The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.
SECTION 8 EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days after its second reading and adoption by the City Council.
SECTION 9 POSTING
The City Clerk shall, within fifteen (15) days after passage of this Ordinance, cause it to be posted in at least three (3) designated public places; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting, to be entere d in the Book of Ordinances of this City.
SECTION 10 CERTIFICATION
The foregoing Ordinance was approved and adopted at a meeting of the City Council held on the ____ day of _____________, 2022, by the following vote:
Ayes:
Noes:
Abstain:
Absent:
___________________________
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Ernesto Gutierrez, Mayor
ATTEST:
____________________________
Tracey Martinez, City Clerk
APPROVED AS TO FORM:
____________________________
Eric S. Vail, City Attorney
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Staff Report
City Council
Item No. 5.A
Meeting Date: September 14, 2022
From: Robert Rodriguez, Director of Planning/Building
Title: Planned Unit Development No. 21 -001, Tentative Parcel Map No. 37876, Conditional Use Permit Nos. 21 -006, 21-007, 21-008 and 21 -009, Design Review Nos. 21 -001, 21 -002 and 21 -003, Zone Ordinance Amendment No. 21 -001, and Master Sign
Program No. 22-019
RECOMMENDATION:
That the City Council, based on the recommendation of the Planning Commission:
1. Adopt the Mitigate d Negative Declaration and associated Mitigation Monitoring and Reporting Program (MMRP) in accordance with the California Environmental Quality Act and based on the Initial Study attached hereto;
2. Introduce, provide first reading, by title only, and wa ive further reading of Zone Ordinance Amendment No. 21 -001, making certain textual changes to Chapter 9.31, Mixed Use Commercial, of the Cathedral City Municipal Code, based on the findings and conclusions in the staff report;
3. Approve Planned Unit Deve lopment No. 21 -001, Tentative Parcel Map No. 37876, and Design Review Nos. 21 -001, 21 -002 and 21 -003 based on the findings and conclusions in the staff report and subject to the attached Conditions of Approval and final adoption of Zone Ordinance Amendment No. 21-001;
4. Approve Conditional Use Permit Nos. 21 -006, 21-007, 21-008 and 21 -009 based on the findings and conclusions of the staff report and subject to the attached Conditions of Approval and final adoption of Zone Ordinance Amendment No. 21-001; and
5. Approve Master Sign Program No. 22 -019 based on the findings and conclusions of the staff report and subject to the attached Conditions of Approval.
FINDINGS:
THAT THE CITY COUNCIL ADOPT THE MITIGATED NEGATIVE DECLARATION AND ASSOCIATED MMRP BASED ON THE FOLLOWING FINDINGS:
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1. The record as a whole, including the initial study and any comments received, demonstrates that there is no substantial evidence that the project will have a significant effect on the environment with the implementation of the mitigation measures;
2. The Mitigated Negative Declaration reflects the Lead Agency’s independent judgment and analysis;
3. In accordance with Section 15074, Chapter 3, Title 14, of the California Code of Regulations (State CEQA Guidelines), the Mitigation Mo nitoring and Reporting Program contained Initial Study and Mitigated Negative Declaration, dated July 2022, shall serve as the City’s reporting program for monitoring the mitigation measures specified in the Mitigated Negative Declaration; and
4. The Cathedral City Planning Department is the custodian of the documents or other material that constitute the record of proceedings upon which this decision is based.
THAT THE CITY COUNCIL APPROVE PLANNED UNIT DEVELOPMENT NO. 21-001, TENTATIVE PARCEL MAP NO. 37876 AND DESIGN REVIEW NOS. 21 -001, 21-002 AND 21 -003 S UBJECT TO THE ATTACHED CONDITIONS OF APPROVAL AND BASED ON THE FOLLOWING FINDINGS:
1. The proposed project meets the intent of the Planned Unit Development regulations, to facilitate a comprehensively planne d development in accordance with applicable Zoning regulations;
2. The proposed project is compatible with existing and planned land uses and with circulation patterns on adjoining properties, and will not be a disruptive element to the neighborhood or community;
3. The site plan including: traffic circulation, on -site and off -site safety considerations, pedestrian circulation and safety, arrangement of off -street parking and loading facilities, and provision of municipal and public services will meet all appli cable City code requirements;
4. The development as proposed will benefit the community by development of a vacant urban parcel and by attracting people to the area who will also likely patronize various commercial and retail uses located in the vicinity;
5. The proposed land division is consistent with the DTC (Downtown Commercial) designation of the General Plan and the development standards of the MXC (Mixed Use Commercial) zoning district;
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6. The site of the proposed land division is physically suitable for t he proposed development;
7. The design of the proposed land division and the required improvements will not conflict with easements acquired by the public at large for access through, or use of, property within the proposed land division; and
8. The applicant agrees to comply with any and all the conditions imposed by the Planning Commission and City Council or be subject to a revocation hearing.
THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT NOS. 21 -006, 21-007, 21 -008 AND 21 -009 AND ZONE ORDINANCE AMEN DMENT NO. 21 -001
SUBJECT TO THE ATTACHED CONDITIONS OF APPROVAL AND BASED ON THE FOLLOWING FINDINGS:
1. With the approval of the associated Zone Ordinance Amendment, the Project, which is utilizing the provisions of the MXC (Mixed Use Commercial) Zoning Dis trict, will be authorized as a conditional use per the City of Cathedral City Zoning Ordinance, Chapters 9.31;
2. The Project is desirable for the development of the community in that it provides a desired service for local residents, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses or to uses specifically permitted in the MXC Zoning District;
3. The site for the Project is adequate in size and shape to accommodate the proposed uses and has been reviewed, and specific conditions added, to ensure that the Project is compatible with the existing or permitted future uses in the neighborhood;
4. The site for the Project relates properly to East Palm Canyon Drive and Date Palm Drive which are designed a nd improved to carry the type and quantity of traffic generated or to be generated by the Project;
5. The drive-thru lanes and gas station canopy are screened from the public right -of- way and adjacent properties or uses;
6. The Project does not constitute a nu isance to adjacent property owners due to traffic, noise, odors, or lighting;
7. The Project does not create vehicular congestion on site, on adjacent properties, or with the public right-of-way;
8. The drive-thru facilities do not conflict with pedestrian movements;
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9. The architecture of the Project is of a superior quality and consistent with that of the surrounding area;
10. The Project and associated signage are integrated into the architecture of the building; and
11. The applicant agrees to comply with any and all the conditions imposed by the Planning Commission and City Council or be subject to a revocation hearing.
THAT THE CITY COUNCIL APPROVE MASTER SIGN PROGRAM NO. 22 -019
SUBJECT TO THE ATTACHED CONDITIONS OF APPROVAL AND BASED ON THE FOLLOWING FINDINGS:
1. The proposed sign(s) does not constitute a detriment to public health, safety, and welfare;
2. The proposed sign(s) is in compliance with all applicable City codes, including but not limited to electrical codes;
3. The Master Sign Program complies with the p urpose and intent of Chapter 9.62 (Signs), including all requirements and other special provisions as specified in this chapter;
4. The proposed Master Sign Program is in harmony with and enhances the overall development and surrounding structures; and
5. The Master Sign Program complies with the standards of Chapter 9.62, except that flexibility is allowed in the planning commission’s interpretation of appropriate sign area, number, location, and/or height to the extent that the master sign program will enhance the overall development, achieve superior quality design, and will more fully accomplish the purpose of Chapter 9.62.
BACKGROUND:
The applicant, Francis Chu representing Fountainhead Shrugged LLC, is proposing the development of commercial and residenti al uses, including restaurants, retail, a convenience market and fueling station, and future multi -family residential on approximately 13.93 acres located at the southwest corner of Date Palm Drive and East Palm Canyon Drive (Highway 111), within the MXC ( Mixed Use Commercial) and DRN (Downtown Residential Neighborhood) zoning districts.
The undeveloped project site consists of 15 irregular shaped lots and is bounded by East Palm Canyon Drive on the north, Van Fleet Avenue on the west, D Street on the south, and the East Cathedral Canyon Flood Control Channel on the east. The project site is contiguous except for a public street/driveway (referred to as A Street on the site
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plan) to the existing commercial building near the northwest corner of the project si te, separating proposed Parcel 7 and Parcel 8.
The commercial portion of the project is approximately 5.8 acres and will be located along East Palm Canyon Drive. The remaining 8.05 acres, which is located at the rear of the project site, south of the propo sed commercial portion, will be for a future multi - family residential development. However, development plans have not yet been prepared and this portion of the project site will remain vacant until such plans are prepared and approved by the City through a separate entitlement process.
Applications
The proposed project requires the approval of a Planned Unit Development (PUD) application, Tentative Parcel Map (TPM), Conditional Use Permits (CUP), Design Reviews (DR), Zone Ordinance Amendment and Master Sig n Program. The inclusion of a Zone Ordinance Amendment requires approval of the proposed project by the City Council in addition to a recommendation of approval by the Planning Commission.
A PUD is a comprehensive development plan that encourages imaginati ve and innovative planning through flexibility in design and allows for the establishment of development standards and design guidelines. The TPM will subdivide the project site into 9 parcels to allow for the proposed mix of uses. Each proposed building w ill be located on its own parcel. The parking for Parcel 7/Building 7 will be located on Parcel
8. A breakdown of the proposed parcels and buildings are shown in the table below.
Parcel Parcel SF Proposed Use Building SF
Parcel 1 38,477 SF Restaurant with Drive-thru Building 1 - 1,900 SF Parcel 2 34,765 SF Retail/Restaurant Building 2 - 6,650 SF Parcel 3 28,158 SF Restaurant with Drive-thru Building 3 - 2,325 SF Parcel 4 47,006 SF Restaurant with Drive-thru Building 4 - 3,300 SF Parcel 5 48,703 SF Convenience Market and Fuel
Station
Building 5 - 3,700 SF
Parcel 6 36,373 SF Retail/Restaurant Building 6 - 4,000 SF Parcel 7 10,273 SF Retail/Restaurant Building 7 - 2,500 SF Parcel 8 13,898 SF Parking -
Parcel 9 8.05 Acres Residential (Future) -
The project proposes three buildings with drive -thru facilities and a convenience market with fueling station. These uses are currently not permitted within this area of the MXC zoning district. Therefore, a Zone Ordinance Amendment is proposed to allow these
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uses without conflicting with the zoning district. Drive -thru facilities and convenience markets and fueling stations may only be permitted with approval of a CUP.
The CUPs are for the three drive -thru facilities and convenience market with fueling station. The DRs are for the three proposed multi -tenant retail/restaurant buildings. The Master Sign Program is for the approval of all signage, including pylon, monument and individual tenant signs.
Site Plan, Architecture and Landscaping
The commercial portion o f the development will consist of seven single -story, free - standing buildings, and a 12 -pump gas canopy, located across the front portion of the site, parallel with East Palm Canyon Drive. The buildings and canopy, ranging in heights from 22’ to 29’, will be setback a minimum of 30’ from East Palm Canyon Drive.
Each building will be located on a separate parcel, each provided with parking spaces that exceed the minimum number of spaces required, and will include an ADA van accessible space, a minimum 10’ x 25’ loading area, and a trash enclosure constructed to City Standard. Designated CAV (Clear -Air Vehicle) and EV spaces will also be provided throughout the development.
Except for the convenience market and fuel stations, all other buildings will feature a n outdoor patio/dining area ranging in size from approximately 440 to 1,536 square feet.
Two additional common patio areas will be provided along the frontage of the site, near the sidewalk along East Palm Canyon Drive, that can be conveniently used by the patrons of Buildings 1 – 4 and the general public.
The commercial portion of the project is proposing to use the existing four access points. The main access points into the development will be from existing signalized intersections at Date Palm Drive and Allen Avenue (across from the Casino’s main entrance) along East Palm Canyon Drive and both will feature decorative paving. The other existing access point on East Palm Canyon Drive will remain as a right in/right out only. The existing two -way access alo ng Van Fleet Avenue will also be maintained.
Access for the future multi -family residential will be evaluated during the entitlement process for that project.
As part of the proposed project, East Palm Canyon Drive will be widened to three lanes from Van Fleet Avenue to Date Palm Drive, except along the frontage of the existing building, between Parcel 6 and 7. The extension of Date Palm Drive, south of East Palm Canyon Drive, will be reconstructed as it will serve as one of the main access points into the center.
The buildings will have a shared modern architectural style and color scheme featuring multiple roof lines for visual interest and vertical building modulation to add depth and movement to the buildings. The buildings will be accented with metal trellises and metal
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canopies over the patio areas. The porte -cochere over each drive -thru pickup window will be of similar architectural styling and color. Utility meters and other equipment will be screened with a colored metal weave screening.
The applic ant has submitted a comprehensive landscape plan using a palette appropriate for the desert environment. The landscape areas will have a desertscape scheme primarily consisting of decomposed granite, inert materials such as boulders and cobble, and water e fficient plant material. This scheme will also be utilized within the public right -of-way along East Palm Canyon Drive and Van Fleet Avenue and will screen the drive -thru lanes and fuel station from public view. A variety of complementary trees will be uti lized with the parking areas to provide shading. The existing Palm trees along East Palm Canyon Drive will remain.
Master Sign Program
The City of Cathedral City’s sign ordinance includes a provision under Section
9.62.030(E) that authorizes the Planning C ommission to consider modifications to the City’s sign regulations relating to sign area, number of signs, height and location. A master sign program provides a flexible means of applying and modifying the sign regulations to ensure high quality in the des ign and display of multiple permanent signs for a project or use and to encourage creativity and excellence in the design of signs.
The applicant is proposing a comprehensive sign program to ensure design consistency amongst tenants while optimizing sign area and to allow for pylon and monument signage appropriately scaled for the size of the project and area.
Architectural Review Committee
The Architectural Review Committee (ARC) reviewed the project on June 29, 2022 and unanimously recommended that the p roject move forward to the Planning Commission for approval as proposed. No revisions were requested.
Planning Commission
The Planning Commission considered the proposed project at the August 3, 2022 regularly scheduled meeting and unanimously approved t he adoption of a Resolution (P22-0249) recommending that the City Council adopt the Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program, Zone Ordinance Amendment No. 21 -001, Planned Unit Development 21 -001, Tentative Parcel Map No. 37876, Design Review Nos. 21 -001, 21 -002 and 21 -003, Conditional Use Permit Nos. 21-006, 21-007, 21-008 and 21-009 and Master Sign Program No. 22 - 019, with the added condition that vehicular access and parking for the existing building at 68783 East Palm Canyon Drive be maintained during construction.
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ANALYSIS:
General Plan and Zoning Consistency
The Project site is designated as Downtown Commercial (DTC) on the City’s General Plan Land Use Map, which support the zoning designations of DRN (Downtown Residential Neighborhood) and MXC (Mixed -Use Commercial) assigned to the Project site. This designation provides for a variety of commercial centers, ranging from storefront scale buildings and office space, to lodging and entertainment establishments.
The project site lies within both the MXC and DRN zoning districts. When multiple parcels are part of a single development, and the zoning for the development is a mixture of MXC and DRN, the provisions of either zone shall apply to the project are a.
The applicant has requested the project be reviewed in accordance with the MXC district. Permitted land uses for Mixed -Use Commercial include a mix of residential, up to 45 dwelling units per acre, commercial retail, office and public gathering spaces.
As proposed in the associated Zoning Ordinance Amendment, drive -thru facilities and convenience markets with fuel stations will be permitted subject to the approval of a CUP.
Development Standards (MXC Mixed Use Commercial)
Standard Required Proposed
Building Height Minimum: 22 feet
Maximum: 55 feet
22 to 29 feet
Minimum Lot Size None 10,273 SF (Parcel 7)
*The smallest parcel/lot
Setbacks (PUD) Minimum: 10 feet from ROW
20 feet from public sidewalk
Minimum 10 feet
Minimum 30 feet
Open Space (PUD) 2,438 SF 6,351 Patio SF
Parking 78 spaces 166 spaces
*Total spaces provided
Zone Ordinance Amendment
To permit the proposed restaurant with drive -thru facilities and convenience market with fuel station, Chapter 9.31 (MXC Mixed Use Commercial) of the C athedral City Municipal Code (CCMC) is required to be amended. Currently, drive -thru facilities are a conditionally permitted use within the MXC zoning district but are only allowed in a specific location on the north side of East Palm Canyon Drive and eas t of Monty Hall Drive (Section 9.31.055).
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The convenience market with fuel station, defined as Automobile Service Station in the CCMC, is not a permitted use in the MXC zoning district. However, automobile service stations are permitted in most other comme rcial zoning districts within the City, subject to the approval of a CUP, and is compatible with the other proposed uses and vehicular orientation of the development.
The proposed amendment would revise Section 9.31.055 to conditionally permit drive - thru facilities and automobile service stations along East Palm Canyon Drive, between Van Fleet Avenue and the East Cathedral Canyon Flood Control Channel (i.e. the project site). The remaining standards of Section 9.31.055 would remain in place.
As part of the Council Goals for 2022, a comprehensive update of the CCMC is underway, commencing with Title 9 (Planning and Zoning). Proposed revisions to Title 9, including Chapter 9.31 (MXC Mixed Use Commercial), have been presented to the Planning Commission and Cit y Council . The additional revisions to Chapter 9.31 to accommodate the proposed development are included as Attachment 3 with red lettered strikeout and underline to identify the revisions, including those already reviewed by the Planning Commission and City Council.
Phasing Plan
The commercial portion of the project will be developed in two phases. Phase 1 is approximately 4.4 acres and is comprised of the three restaurants with drive -thru (Buildings 1, 2 and 4), one multi -tenant retail/restaurant building (Building 3) and the convenience market with fuel station (Building 5). Phase 2 is approximately 1.4 acres and is comprised of two multi -tenant retail/restaurant buildings (Buildings 6 and 7) and Parcel 8, the parking area for Building 7. The remaining 8. 05 acres of the project site, for the future multi -family residential development, will be approved and constructed under a separate entitlement and construction schedule.
Prior to approval of the Final Parcel Map, the applicant is required to submit a Ph asing Plan that outlines the construction timeline for each building, infrastructure, landscaping, open space, common amenities, and other site improvements and this requirement has been included as a condition within the Conditions of Approval.
ENVIRONMENTAL REVIEW:
An Initial Study and Mitigated Negative Declaration were prepared by the applicant, and reviewed by City Staff, and special studies were prepared by outside consultants. The project was found to have significant impacts, but those can be red uced to less than significant with the implementation of mitigation measures. The Mitigated Negative Declaration includes Mitigation Measures that address the following areas: biological resources, cultural resources/tribal cultural resources, geology and soils, hazards and hazardous materials and transportation. The mitigation measures are as follows:
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1. BIO-1: A qualified biologist shall conduct two (2) take avoidance pre - construction burrowing owl surveys onsite. The first shall occur between 14 and 30 days prior to ground disturbance, and the second shall occur within 24 hours of ground disturbance. If burrowing owls are detected, the project proponent shall consult with CDFW to determine what course of action is needed, such as the use of exclusion device s (if applicable) to discourage owls from using burrows that are believed to be in jeopardy of being impacted by implementation of the project.
2. BIO-2: For any grubbing, grading or other site disturbance or tree or vegetation removal occurring during the nesting season between January 15th and August 31 st, a qualified biologist shall conduct at least one nesting bird survey, and more if deemed necessary by the consulting biologist, immediately prior to initiation of project -related ground disturbing activit ies. If nesting birds are present, no work shall be permitted near the nest(s) until the young birds have fledged. While there is no established protocol for nest avoidance, when consulted, the CDFW generally recommends avoidance buffers of about 500 feet for birds-of-prey, and 100 – 300 feet for songbirds. If ground disturbance occurs outside the nesting season, this requirement shall be waived.
3. CUL-1: Earth -moving activities including grading, grubbing, trenching, or excavations at the site shall be moni tored by a qualified archaeologist and approved Tribal Monitor(s).
Should cultural materials be discovered, they shall be recorded and evaluated in the field. The monitors shall be prepared to recover artifacts quickly to avoid construction delays but mus t have the power to temporarily halt or divert construction equipment to allow for controlled archaeological recovery if a substantial cultural deposit is encountered. The Native American Monitor may request that destructive construction halt and the Monit or shall notify a Qualified Archaeologist (Secretary of the Interior’s Standards and Guidelines) to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente Tribal Historic Pre servation Office. If artifacts are discovered, these shall be processed, catalogued, analyzed, and prepared for permanent curation in a repository with permanent retrievable storage that would allow for additional research in the future. Archaeological sit e records shall be prepared to document the cultural remains discovered during monitoring and submitted to the California Historical Resources Information System.
4. GEO-1: Development of the Project shall adhere to the recommendations set forth in the Proj ect specific Geotechnical Engineering Investigation (see
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Appendix D of this document), including but not limited to removal and recompaction of collapsible or weak soils during the grading phase and completion of additional geotechnical/soil investigations on the southern portion of the site proposed for the future residential development.
5. HAZ-1: Per the Geophysical Anomaly Investigation Report, the existing UST located onsite shall be cleaned, removed, and disposed prior to redevelopment of the subject property.
6. TRA-1: The Project is required to pay the requisite CVAG TUMF fee.
7. TRA-2: Each drive -through occupant shall prepare a vehicle stacking management plan demonstrating appropriate emergency vehicle access and access to handicap parking stalls are re tained in the event of overflow vehicle stacking.
8. TRA-3: In order to assure that the intersections of Cathedral Canyon/Dinah Shore and Date Palm/Ramon operate at acceptable levels of service at General Plan build out, the following condition of approval s hall be implemented:
The City shall be responsible for monitoring conditions at the intersections of Cathedral Canyon/Dinah Shore and Date Palm/Ramon and providing improvements to those intersections through its Capital Improvement Program, and local, Sta te or federal funding at such time as the improvements are warranted.
NOTE: The City of Cathedral City Planning Department is custodian of the documents or other material which constitute the record of proceedings upon which this decision is based.
PUBLIC NOTIFICATION:
This project and the environmental determination were noticed in accordance with the City Municipal Code and CEQA.
ATTACHMENTS:
Attachment 1 - Ordinance
Attachment 2 - Ordinance Attachment A Proposed Chapter 9.31 Attachment 3 - Conditions of Approval
Attachment 4 - Conditions Phasing Map
Attachment 5 - Initial Study/Mitigated Negative Declaration Attachment 6 - Site Plan
Attachment 7 - Tentative Parcel Map No. 37876
Attachment 8 - Elevations
Attachment 9 - Color Renderings
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Attachment 10 - Landscape Plans
Attachment 11 - Master Sign Program
Attachment 12 - Public Hearing Notice
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ORDINANCE NO. _______
ZONE ORDINANCE AMENDMENT NO. 21-001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY AMENDING CHAPTER 9.31 MIXED USE
COMMERCIAL OF THE CATHEDRAL CITY MUNICIPAL CODE
WHEREAS, Title 9 (Planning and Development) of the City of Cathedral City (City)’s Municipal Code (“ Planning and Zoning Code”) provides for the organized, predictable, and efficient development of land within the City; and
WHEREAS, the Planning and Zoning Code establishes land use dist ricts throughout the City and regulates the development of land in each district; and
WHEREAS, the City has long worked to attract long -term commercial investment and development in its Downtown area for the use and enjoyment of City residents and visitors, and the continued economic development of the City; and
WHEREAS, on August 3, 2022 , after taking public testimony during a regularly scheduled public meeting, the Planning Commission approved a Mitigated Negative Declaration in accordance with the Cali fornia Environmental Quality Act and recommended approval of Zone Ordinance Amendment No. 21 -001 (Amendment) to allow for additional commercial uses within the Mixed-Use Commercial (MXC) zone; and
WHEREAS, the Amendment will expand on existing uses permit ted with a conditional use permit in the MXC zone to allow for and encourage commercial development in the City’s Downtown area, including the proposed Cathedral Cove Center, a comprehensive phased planned development with a proposed mix of commercial and residential uses; and
WHEREAS, the proposed Amendment is consistent with the policies and goals of the General Plan and is in the best interests of the City’s general welfare; and
WHEREAS, in light of the above , as well as the findings made by the Planni ng Commission, the City Council of the City of Cathedral City wishes to adopt Zone Ordinance Amendment No. 21-001 as provided herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Cathedral City finds that the above recitals are true and correct.
SECTION 2 . Title 9 of the City of Cathedral City Municipal Code is hereby amended in its entirety to r ead as provided in Attachment A , attached hereto and
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Attachment: Attachment 1 - Ordinance (3397 : PUD 21-001 Cathedral Cove Center)
incorporated herein by this reference , with additions noted in underline and deletions noted in strikeout.
SECTION 3. If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a court of competent jurisd iction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares it would have passed and adopted this Ordinance and each and all provisions hereof irrespective of the fact that any one or m ore of said provisions be declared invalid.
SECTION 4. This Ordinance shall take effect thirty (30) days after its second reading by the City Council.
SECTION 5. The City Clerk shall, within fifteen (15) days after passage of this Ordinance, cause it to be posted in at least three (3) designated public places; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of this City.
This Ordinance was approved and adopted at a meeting of the City Council held on the ____ day of _____________, 2022, by the following vote:
Ayes:
Noes:
Abstain:
Absent:
______________________________
Ernesto M. Gutierrez, Mayor
ATTEST:
____________________________
Tracey R. Hermosillo, City Clerk
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Attachment: Attachment 1 - Ordinance (3397 : PUD 21-001 Cathedral Cove Center)
ATTACHMENT A
Chapter 9.31
MXC MIXED USE COMMERCIAL
Sections:
9.31.010 Purpose and intent.
9.31.020 Permitted uses.
9.31.030 Conditional uses.
9.31.035 Minimum lot size for development.
9.31.040 Uses when adjacent to DRN.
9.31.050 Prohibited uses.
9.31.055 Special regulations for certain drive-thru facilities.
9.31.060 Setbacks.
9.31.070 Height.
9.31.080 Site access.
9.31.090 Parking.
9.31.100 Trash and recycling facilities.
9.31.110 Design review.
9.31.120 Conditional use permit.
9.31.130 Additional requirements for single room occupancy facilities.
9.31.140 Additional development standards for single room occupancy facilities.
9.31.010 Purpose and intent.
To provide for retail and service commercial uses which are of a high intensity and are nece ssary to provide a wide range of entertainment venues and facilities, shopping facilities, and professional and administrative offices.
(Ord. 697 § 2, 2010; Ord. 565 § 5, 2002)
9.31.020 Permitted uses.
The following uses shall be permitted in the MXC district:
Retail—new;
Eating and drinking establishments, including those serving alcohol beverages or providing entertainment, provided this activity is ancillary to food services; Antique and import store;
Art gallery and supply store;
Bank, including ATMs;
Beauty and nail salon and barber shop;
Bicycle and scooter rental;
Book store;
Delicatessen;
Fitness center;
Florist;
Grocery store;
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Attachment: Attachment 2 - Ordinance Attachment A Proposed Chapter 9.31 (3397 : PUD 21-001 Cathedral Cove Center) Health spa;
Hotels and resort hotel;
Insurance agency;
Jewelry store;
Media sales;
Museum;
Performing arts facility (one hundred seats or less);
Pharmacy and drug store;
Picture framing;
Postal services;
Print shop;
Real estate agency;
Shoe repair and/or sales;
Tailor shop and seamstress shop;
Travel agency;
Veterinarian, dog groomer and pet boutique;
Other professional offices, including, but not limited to , government, medical, dental or chiropractic (second floor or above);.
Other such similar uses as are approved by the planning commission. (Ord. 697 § 2, 2010; Ord. 565 § 5, 2002)
9.31.030 Conditional uses.
The following uses may be permitted subject to the issuance of a conditional use permit pursuant to Chapter 9.72:
Antique, exotic or specialty vehicle sales/service;
Automobile service stations, subject to the provisions in Section 9.31.055; Bar and nightclub, including establishments providing entertainment or permitting dancing and those serving alcoholic beverages not ancillary to food service; Community center;
Drive-through facility, subject to provisions in Section 9.31.055; Movie theater;
Performing arts facility (more than one hundred seats); Auditorium;
Commercial recreation facility;
Dry cleaner, laundry agency and self-service;
Multiple-family residential, maximum density as described in the downtown residential neighborhood (DRN) zone. When residential is located above commercial uses, access shall not be provided through the commercial use;
Membership club and lodge;
Parking lot, surface or garage;
Open air kiosk;
Professional offices, including government, medical, dental or chiropractic (ground floor only); Psychic service;
School (second floor or above);
Place of worship or similar institution;
Single room occupancy facilities, on the second floor or above;
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Attachment: Attachment 2 - Ordinance Attachment A Proposed Chapter 9.31 (3397 : PUD 21-001 Cathedral Cove Center) Supportive housing;
Transitional housing;.
Other such similar uses as are conditionally approved by the planning commission. (Ord. 731 § 10, 2014; Ord. 699 § 6, 2011; Ord. 697 § 2, 2010; Ord. 565 § 5, 2002)
9.31.035 Minimum lot size for development.
A. This section applies only to that portion of the MXC district bounded as follows: on the north by the North Cathedral Channel; on the south by East Palm Canyon Drive; on the east by Date Palm Drive; and on the west by Monty Hall Drive.
B. Within that portion of the MXC district described in subsection A, the following restrictions apply:
1. No development is permitted on lots of less than ten thousand square feet in size.
2. Development of lots of between ten thousand to twenty thousand nine hundred ninety-nine square feet in size may be permitted subject to the issuance of a conditional use permit pursuant to Chapter 9.72.
3. Development of lots of twenty-one thousand square feet or greater are not subject to the issuance of a conditional use permit under this section.
C. This section’s requirements are in addition to any other applicable requirements, including those set forth in Section 9.31.030.
D. Any development project applicant that is required to obtain a conditional use permit under this section and Section 9.31.030 will be required to pay only one application fee so long as the applicant submits the applications for both conditional use permits simultaneously.
E. Any owner of record of a lot described in subsection (B)(1), and any lenders or other lienors (and their direct successors) that acquire title to the lot as a result of the foreclosure of a security interest (or a deed in lieu of such foreclosure) created by the owner of record or its predecessors in interest, may apply for a variance pursuant to Chapter 9.76 to permit development of that lot, subject to both of the following conditions:
1. As of the effective date of the ordinance codified in this section to the zoning code, the owner held record title to the lot, and, if applicable, the security interest was of record against the lot.
2. The owner is not a public entity.
(Ord. 739 § 1, 2014)
9.31.040 Uses when adjacent to DRN.
When multiple parcels are part of a single development, and the zoning for the development is a mixture of MXC (mixed use commercial) and DRN (downtown residential neighborhood), the provisions of either zone shall apply to the entire project area. The planning commission at the time of project approval shall make a finding that states the proposed development is in compliance with the EIR, and any revisions/modifications, that were previously adopted for the entire downtown redevelopment project. (Ord. 697 § 2, 2010; Ord. 565 § 5, 2002)
9.31.050 Prohibited uses.
A. The following are prohibited uses in the MXC district:
Manufacturing uses;
Mini warehousing;
Motel;
Residential on the first floor fronting the north side of East Palm Canyon Drive and/or Town Square; Retail-used;
School (ground floor);
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Attachment: Attachment 2 - Ordinance Attachment A Proposed Chapter 9.31 (3397 : PUD 21-001 Cathedral Cove Center) Tattoo and body piercing establishment;
Wholesale tobacco store.
B. Uses not specifically listed in this chapter as permitted or conditionally permitted are expressly prohibited. No land shall be used nor buildings and structures hereafter be erected, altered, enlarged, or otherwise modified in this zoning district unless said use and improvement is in compliance with the district provisions.
(Ord. 697 § 2, 2010; Ord. 565 § 5, 2002)
9.31.055 Special regulations for certain drive-thru facilities.
This section applies only to that portion of the MXC district bounded as follows: up to 240 feet south of East Palm Canyon Drive between Van Fleet Street and Date Palm Drive . This section’s requirements are in addition to any other applicable requirements set forth in this Chapter. Where they differ, the requirements in this section shall apply to the property described above.
A. Drive-thru facilities are limited to full -service pharmacies, full-service banks, and eating establishments.
A. Drive-thru facilities may be located north of East Palm Canyon Drive and easterly three hundred twenty feet east of the center line of Monty Hall Drive; B1. The allowed drive -thru facility shall obtain a conditional use permit per Chapter 9.72 of the municipal code.
C2. The drive-thru facility shall incorporate a porte-cochere of at least thirty-five feet in length or as long as fifty 50 percent of the adjoining length of the building, whichever is greater.
D3. An eating establishment with a drive-thru facility shall also provide an outdoor dining area with a pleasant and inviting ambiance.
B. Automobile service stations
1. Automobile service stations shall comply with Chapter 9.96.150 of the municipal code in addition to the following:
2. All carwash services shall be prohibited.
EC. The approval body shall make the following findings in approving a conditional use permit for drive- thru facilities:
1. The drive-thru lanes and gas pump canopies are screened from the public right -of-way and adjacent properties or uses;
2. The Drive-thru service facility does not constitute a nuisance to adjacent property owners due to traffic, noise, odors, or lighting;
3. The drive-thru facility does not create vehicular congestion on site, on adjacent properties, or with the public right-of-way;
4. The drive-thru facility does not conflict with pedestrian movements;
5. The architectur e of the drive-thru facility is of a superior quality and consistent with that of the surrounding area; and
6. The drive-thru facility and associated signage are integrated into the architecture of the building. (Ord. 697 § 2, 2010)
9.31.060 Setbacks.
A. Setbacks shall meet the intent of the downtown design guidelines.
1. Street/alley: No minimum.
2. Interior: none, or minimum eight feet but not to exceed fifteen feet.
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Attachment: Attachment 2 - Ordinance Attachment A Proposed Chapter 9.31 (3397 : PUD 21-001 Cathedral Cove Center)
3. Exceptions: properties located along East Palm Canyon Drive, West Buddy Rogers Avenue or property that fronts along Town Square, shall have zero interior setbacks except for public passageways.
B. The corner of a corner building may be set back at a diagonal no more than six feet as measured at a forty-five degree angle from the corner.
C. Special architectural features as described in the downtown design guidelines may project no more than three feet over property lines into the public right -of-way but must be at least twelve feet above the highest point in the right-of-way over which they project, and are subject to design review. (Ord. 697 § 2, 2010; Ord. 565 § 5, 2002)
9.31.070 Height.
A. Building height shall be measured from the adjacent sidewalk or finished grade, whichever is greater in elevation, to the top of the corn ice, parapet, or eave line. Buildings located on sloped lots shall be measured from the highest elevation point of the finished grade.
B. Building height shall not exceed fifty-five feet and shall not be less than twenty feet.
1. Exceptions:
a. Buildings that occupy corner parcels at the intersection of East Palm Canyon Drive and West Buddy Rogers Avenue or Cathedral Canyon Drive, up to fifty feet of building mass measured from West Buddy Rogers Avenue or Cathedral Canyon Drive, may be built to a maximum of sixty-eight feet.
Special architectural features may also be added with no height limit for these locations. b. The minimum height for newly constructed or renovated buildings located along East Palm Canyon Drive, Date Palm Drive and Cathedral Canyon Drive, shall be twenty-two feet. c. Theaters and buildings used for other similar entertainment venues may exceed established height limits and shall be reviewed on a case-by-case basis.
d. Additional height may be approved for buildings constructed above subsurface or surface parking, but in no case shall the overall height exceed sixty-eight feet. e. Special architectural features such as towers, turrets, cupolas, building entry volumes, or ornamental portions of parapet walls may exceed the maximum heights prescribed herein by not more than twelve feet. Special architectural features may include habitable space but shall not have a footprint greater than twenty-five percent of the footprint of the main building to that it is attached. f. Rooftop structures such as elevator and mechanical equipment enclosures, or roof deck trellises and gazebos may exceed the height limit by ten feet, provided they are screened by a parapet or a pitched roof.
(Ord. 697 § 2, 2010; Ord. 565 § 5, 2002)
9.31.080 Site access.
Curb cuts and vehicular access lanes are not permitted on East Palm Canyon Drive, West Buddy Rogers Avenue, George Montgomery Trail or frontages along the Town Square, or as otherwise determined by the city engineer.
(Ord. 697 § 2, 2010; Ord. 565 § 5, 2002)
9.31.090 Parking.
A. If the property is located within the area defined by East Palm Canyon Drive, Officer David Vasquez Way, Monty Hall Avenue and Cathedral Canyon Drive, off-street parking is provided in the municipal parking structure and no additional parking is required.
B. If the property is not within the area defined by East Palm Canyon Drive, Officer David Vasquez Way, Monty Hall Avenue and Cathedral Canyon Drive, off-street parking shall be provided as follows:
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Attachment: Attachment 2 - Ordinance Attachment A Proposed Chapter 9.31 (3397 : PUD 21-001 Cathedral Cove Center)
1. Retail, eating and dri nking establishments, personal and business services, and professional and government offices shall provide one space per each three hundred thirty -three square feet of floor area.
2. Medical and dental offices shall provide one space per each two hundred square feet of floor area.
3. Assembly uses, including clubs and lodges, shall provide one space per each fifty square feet of floor area.
4. Residential uses shall be as determined in the downtown residential neighborhood (DRN) zone.
5. Other uses not listed shall be as otherwise provided in the Cathedral City Municipal Code.
6. The total number of spaces required shall be equal to the sum of the requirements for each individual use in a particular development.
7. Combined parking areas are permissible per Section 9.58.060 of the Cathedral City Municipal Code. (Ord. 697 § 2, 2010; Ord. 565 § 5, 2002)
9.31.100 Trash and recycling facilities.
A. All uses listed herein shall have enclosures that are constructed to city standards that accommodate both trash and recycling disposal.
B. When residential uses are located on the fourth floor of a building or higher, trash and recycling disposal chutes shall be provided for resident use.
(Ord. 697 § 2, 2010; Ord. 565 § 5, 2002)
9.31.110 Design review.
Approval of development shall be processed per Chapter 9.78. (Ord. 697 § 2, 2010; Ord. 565 § 5, 2002)
9.31.120 Conditional use permit.
Conditional use permits shall be processed pursuant to Chapter 9.72. Approval of development shall be processed per Chapter 9.78.
(Ord. 697 § 2, 2010; Ord. 565 § 5, 2002)
9.31.130 Additional requirements for single room occupancy facilities.
Prior to the issuance of a certificate of occupancy for a single room occupancy facility, there shall be a written agreement between the city and the operator of the facility addressing all of the following:
A. The provision of on-site management twenty-four hours a day to oversee the facility.
B. On-going enforcement of written rules of conduct for residents.
C. Implementation of a security plan with appropriate security measures as approved by the chief of police or designee.
D. Ongoing maintenance of structures and landscaping.
(Ord. 699 § 6, 2011)
9.31.140 Additional development standards for single room occupancy facilities.
A. A single room occupancy facility shall have only one ingress/egress for residents, except for required emergency exit(s).
B. A single room occupancy facility shall provide seven-tenths parking spaces for each unit. Any partial spaces in this calculation shall be rounded up to the next whole space.
C. Each single room occupancy facility shall provide one -half secure bicycle parking facilities for each unit. Any partial spaces in this calculation shall be rounded up to the next whole facility.
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Attachment: Attachment 2 - Ordinance Attachment A Proposed Chapter 9.31 (3397 : PUD 21-001 Cathedral Cove Center) D. Each single room occupancy unit shall contain a minimum of two hundred twenty square feet, including a minimum ten square feet of storage space.
E. Each single room occupancy unit shall contain a bathroom consisting of, at a minimum, one commode, one lavatory and one shower.
F. Each single room occupancy unit shall contain kitchen facilities consisting of, at a minimum, a microwave oven, a sink and a refrigerator.
(Ord. 699 § 6, 2011)
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Attachment: Attachment 2 - Ordinance Attachment A Proposed Chapter 9.31 (3397 : PUD 21-001 Cathedral Cove Center)
CITY OF CATHEDRAL CITY
CITY COUNCIL
CONDITIONS OF APPROVAL
PLANNED UNIT DEVELOPMENT NO. 21-001
TENTATIVE PARCEL MAP NO. 37876
CONDITIONAL USE PERMIT NOS.
21-006, 21-007, 21-008 AND 21-009
DESIGN REVIEW NOS. 21-001, 21-002 AND 21-003
ZONE ORDINANCE AMENDMENT NO. 21-001
MASTER SIGN PROGRAM NO. 22-019
CATHEDRAL COVE CENTER
PROJECT LOCATION:
SOUTHWEST CORNER OF EAST PALM CANYON DRIVE AND
DATE PALM DRIVE
(APN: 674-500-038, 687-500-001, -003, -006 THROUGH -012, - 014 AND -018 THROUGH -020, AND 687-207-003 AND -006)
DATE APPROVED: SEPTEMBER 14, 2022
(CONDITIONS REVISED BY PLANNING COMMISSION
ON AUGUST 3, 2022)
SECTION 1 ADMINISTRATIVE CONDITIONS
1.1 Prior to issuance of a building permit the Applicant or Developer shall sign the approved Conditions of Approval which shall certify that the Applicant or Developer agrees to implement all Conditions of Approval.
1.2 A copy of the signed Conditions of Approval shall be printed onto the first page of the construction drawings.
1.3 The plans a pproved by the Architectural R eview Committee and Planning Commission will be re ferenced as “Exhibit A”. The construction draw ings shall conform substantially to “Exhibit A” as approved by the Planning Commission, with the exception of any detail specifically modified by any of the conditions of approval cont ained herein. Any deviat ion from “ Exhibit A” shall be submitted in writing and approved by the Director of Planning/Building and/or the Director of Engineering/Public Works prior to approval of the construction drawings.
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Attachment: Attachment 3 - Conditions of Approval (3397 : PUD 21-001 Cathedral Cove Center) Cathedral Cove Center
September 14, 2022