Agenda packet, regular meeting — Cathedral City City Council, September 14, 2022 (part 1 of 5)

CITY COUNCIL
AGENDA

Regular Meeting
Wednesday, September 14, 2022
5:30 PM

City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234

MAYOR
Ernesto Gutierrez

CITY COUNCIL MEMBERS

Mayor Pro Tem
Rita Lamb

Councilmember
Mark Carnevale

Councilmember
Nancy Ross

Councilmember
Raymond Gregory
• CALL TO ORDER
• PLEDGE OF ALLEGIANCE
• INVOCATION (MOMENT OF REFLECTION)
• ROLL CALL
• AGENDA FINALIZATION
At this time the City Council may announce any items being pulled from the agenda or continued to another date.

1. PUBLIC COMMENT
This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law, the City Council may not discuss or act on any item not on the agenda but may briefly respond to statements made or ask a question for clarification. The Mayor may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting. Public Comment will be limited to three (3) minutes.

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2. COUNCIL REPORTS
This is an opportunity for each member of the City Council to report on any conferences they attend, local events or make any other comments they may have.

3. CONSENT AGENDA
The foll owing Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the City Council at one time without discussion. Any Council Member, Staff Member, or Citizen may request removal of an item from the Consent Calendar for discussion.

A. Waive Full Reading of Ordinances on Agenda
B. Minutes Approval

1. City Council - Study Session - Aug 24, 2022 3:00 PM

2. City Council - Regular Meeting - Aug 24, 2022 5:30 PM

3. City Council - Special Meeting - Sep 1, 2022 2:00 PM C. State Homeland Security Program Grant #2021-0081
Recommendation: Adopt a resolution accepting State Homeland Security Program Grant FY 2021-0081, in the amount of $142,280.

D. Administrative Amendment to the CDBG FY 2022-23 Annual Action Plan Recommendation: To approve an Administrative Amendment to City’s FY 2022- 23 Community Development Block Grant (CDBG) Annual
Action Plan (AAP) to allocate remaining and unused CDBG/ CDBG-CV funds to supplement Via De Anza Phase II and
Cathedral City Senior Center for submittal to the U.S.

Department of Housing and Urban Development (HUD).

E. Second Reading of Change of Zone No. 21-001
Recommendation: To provide second reading by title only, and adopt an ordinance approving Change of Zone No. 21-001;
amendments associated with the adoption of the General
Plan and Housing Element Updates.

F. Second Reading of Zone Ordinance Amendment No. 22-002 Recommendation: To provide second reading by title only, and adopt an ordinance approving Zone Ordinance Amendment No. 22-
002; amendments associated with the adoption of the
General Plan and Housing Element Updates and other
minor text amendments to Title 9 (Planning and Zoning).

G. Fiscal Year (FY) 2022/2023 Operating/Non-Personnel Budget Adjustments
Recommendation: To approve Fiscal Year (FY) 2022/2023 Operating/Non- Personnel Budget Adjustments
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H. Resolution Establishing Rules for Commission and Committee Appointments
Recommendation: To approve a resolution establishing rules for making appointments to Commissions and Committees.

I. Accept Resignation of Piper Scott from the Public Arts Commission 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.

J. Second Reading Cannabis Ordinance Amendment Chapter 5.88 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.

4. ITEMS PULLED FROM CONSENT

5. PUBLIC HEARINGS
A. 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 Mitigated 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 waive 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 Development 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 Cathedral City P a g e 4
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.

6. LEGISLATIVE ACTIONS
A. Adoption of Personnel Rules for all City Employees
Recommendation: Adopt Personnel Rules for all City Employees and Rescind the Human Resources Policies
B. PSEC Motorola System Integration, Support and SUA Services Agreement
Recommendation: To approve the Motorola System Integration, Support and SUA II Lifecycle Services Agreement.

C. Approve the FY 2020-2021 CDBG CAPER
Recommendation: To approve the City's Community Development Block Grant (CDBG) FY 2021-2022 Consolidated Annual Performance
Evaluation Report (CAPER) and Analysis of Impediments to Fair Housing (AI) for submittal to the U.S. Department of Housing and Urban Development (HUD).

D. FY 2022-2026 Analysis of Impediments to Fair Housing Choice Report Recommendation: To approve the FY 2022-26 Analysis of Impediments to Fair Housing Choice Report (AI).

E. Purchase of One New Ambulance
Recommendation: The Fire Department requests authorization to purchase one Medix MSV 170 ambulance from Republic Emergency
Vehicle Services (EVS), to include a Striker Power Gurney and Loader. Additionally, this unit will come equipped with PSEC compatible radios (to be installed and programmed
locally).

F. Resolution Regarding Propositions 26 and 27
Recommendation: To consider resolutions related to Propositions 26 and 27.

G. Update on Emergency Actions Related to COVID-19
Recommendation: Update on Status of Emergency Proclamation. Possible action to continue or rescind Resolution 2020-06.

Update on Emergency Actions taken by City, County, State of Federal Agencies.

Possible consideration of additional measures to be taken.

Council may add items not listed on the agenda pursuant to Government Code section 54954.2 by majority vote.

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7. DISCUSSION ON FUTURE AGENDA ITEMS
This is an opportunity for members of the City Council to request that, and for the City Council to discuss whether, one or more items should be added to the agenda of a future regular or spec ial City Council meeting. To comply with the Brown Act, discussion should be limited to whether to add the item(s), and direction given to the City Manager regarding scheduling and prioritization of the item(s).

8. CLOSED SESSION

ADJOURN

NOTES TO THE PUBLIC:

The City of Cathedral City complies with the Americans with Disabilities Act of 1990. If you require special assistance to participate in this meeting, please call the City Clerk’s Office at (760) 770-0322 at least 48 hours prior to the meeting.

If you desire to address the City Council during the meeting, please complete a Request to Speak Form available at the entrance and present it to the City Clerk. Speakers will be called upon at the appropriate time.

Any documents provided to a majority of t he City Council regarding any item on this agenda will be made available for public inspection in the City Clerk’s office at City Hall located at 68 -700 Avenida Lalo Guerrero during normal business hours. In addition, such documents will be posted on the City’s website at www.cathedralcity.gov.

CITY COUNCIL

MINUTES

Study Session
Wednesday, August 24, 2022
3:00 PM

City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234

• CALL TO ORDER
The meeting was called to order at 3:00 PM by Mayor Ernesto Gutierrez. • ROLL CALL
Attendee Name Title Status Arrived
Ernesto Gutierrez Mayor Present 3:00 PM
Rita Lamb Mayor Pro Tem Absent
Mark Carnevale Councilmember Present 3:00 PM
Nancy Ross Councilmember Present 3:00 PM
Raymond Gregory Councilmember Present 3:00 PM

• AGENDA FINALIZATION

1. CLOSED SESSION
City Attorney Eric Vail announced that the City Council will meet in Closed Session to discuss the following items listed on the Agenda.

A. Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8.

Property Location: Approximately 13.5 acres south of East Palm Canyon Drive at Date Palm Drive
Negotiating Parties: City of Cathedral City as the Successor Agency to the former Redevelopment Agency and the City Urban Revitalization Corporation Property Owner: City Urban Revitalization Corporation
Under Negotiations: Price and Terms for potential sale of real property

The City Council recessed to Closed Session at 3:01 p.m.

The City Council reconvened at 3:24 p.m.

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City Attorney Eric Vail announced that t he City Council met in Closed Session to discuss item 1A. Conference with Real Property Negotiator for Approximately 13.5 acres south of East Palm Canyon Drive at Date Palm Drive, there was no reportable action taken.

2. PUBLIC COMMENT
There were no members of the public that wished to speak.

3. STUDY SESSION
A. Interview Applicants for the Planning Commission
Recommendation: Staff recommends the City Council interview the applicants that have submitted applications for possible appointment to fill one vacant seat on the Planning Commission with a term expiring on June 30, 2023.

The City Council conducted interviews to fill a vacant seat on the Planning Commission with a term expiring on June 30, 2023 . The following individuals were interviewed:

• Rich Malacoff
• Danielle Mead

It was also noted that an application was received by Christopher Mandarano, who interviewed in June and was not appointed at the time. Mr. Mandarano is interested in serving, however, he was not available to participate in the interview process.

The City Council will consider making an appointment during the Regular City Council meeting of August 24, 2022.

B. Thousand Palms Fiscal Analysis
Recommendation: This item is presented for information, discussion and direction only.

Nicole Criste, Terra Nova, provided a review of the 2018 Sphere of Influence Analysis. The following points were presented:

• Background
• 2018 Conditions
• Fiscal Impact Analysis
• Revenues & Costs
• Police Department Costs
• Fire Department Costs
• One-Time Costs & Revenues

It was the consensus of the City Council to direct staff to bring back a draft "scope of work" summary to review and consider before commencing a request for proposal (RFP) process to secure a consultant to conduct a fiscal analysis.

C. Process for Making Appointments to Commissions and Committees

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Recommendation: This item is presented for information, discussion and direction only.

City Manager Charles McClendon provided an overview on a proposed process for making appointments to Commissions and Committees.

It was the consensus of the City Council to direct staff to move forward with a Council Nomination Process where applications are taken at large, and bring back a Resolution memorializing the process.

ADJOURN
Mayor Gutierrez adjourned the Study Session meeting of August 24, 2022 at 5:10 p.m.

Mayor, City of Cathedral City City Clerk, City of Cathedral City

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Minutes Acceptance: Minutes of Aug 24, 2022 3:00 PM (Minutes Approval)

CITY COUNCIL

MINUTES

Regular Meeting
Wednesday, August 24, 2022
5:30 PM

City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234

• CALL TO ORDER
The meeting was called to order at 5:30 PM by Mayor Ernesto Gutierrez. • PLEDGE OF ALLEGIANCE
Councilmember Raymond Gregory led the Pledge of Allegiance. • INVOCATION (MOMENT OF REFLECTION)
Mayor Ernesto Gutierrez offered the Invocation.
• ROLL CALL
Attendee Name Title Status Arrived
Ernesto Gutierrez Mayor Present 5:30 PM
Rita Lamb Mayor Pro Tem Absent
Mark Carnevale Councilmember Present 5:30 PM
Nancy Ross Councilmember Present 5:30 PM
Raymond Gregory Councilmember Present 5:30 PM

• AGENDA FINALIZATION
Staff requested that item 4E Administrative Amendment to the CDBG FY 2022 -23 Annual Action Plan be pulled from the Consent Agenda.

It was the consensus of the City Council to defer item 4 E. Administrative Amendment to the CDBG FY 2022 -23 Annual Action Plan to the September 14, 2022, City Council Meeting.

1. SPECIAL PRESENTATIONS - Outgoing Commissioners

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The City Council presented Gary Marshall with a certificate of appreciation for his service on the Parks and Community Events Commission. Certificates for outgoing Commissioners, Elmer Diaz, Kevin Brandt and Tom Ru dolph, who were un able to attend, will be mailed to them.

Councilmember Mark Carnevale presented a certificate of recognition to Officers Joseph Brooks and Jeremy Powers for their work as the Cathedral City Police Department Homeless Liaison Officers.

2. PUBLIC COMMENT
Bob McKechnie, Chair of the Cathedral City Peace Initiative Committee, shared their process of making Cathedral City an International City of Peace.

Rick Saldivar, Catherdral City resident, announced that a youth NFL Flag football league is coming to Cathed ral City in October and asked that the City Council help support the League to ensure that it is successful. He also announced that Congressman Ruiz has a plan to roll out youth programs in 2023. He stated that he will be working with youth to engage with local government, and it is his hope that he can work together with the City to bring more youth programs to Cathedral City.

Joshua Otteson, NFL Flag Football League, provided an overview of the league that he started in Cathedral City. He would like to see another field for youth sports. He announced that he can be reached at [email protected] for information on the league.

Kenneth Churchill, Westcoast Cannabis Club, commented on the state of the cannabis industry in Cathedral City. He feels t hat cannabis businesses in the City are struggling and urged the City Council to help make this a city where people can have a successful business.

3. COUNCIL REPORTS
Councilmember Nancy Ross reported she along with her husband attended an open house for the Paloma Resort. She announced that she had hand surgery and is doing well. She reported that she along with Mayor Gutierrez and Mayor Pro Tem Lamb attended an event to honor fallen officer Suresh Krause on the 1 0-year anniversary of his death. She repor ted that she attended the Dinner with Patsi fundraiser, which was well attended. She announced the upcoming Meatball Festival hosted by the Cathedral City Boys and Girls Club. She reported that she met with different constituents at the Runway, Starbucks, Don and Sweet Sues, and Sunshine Cafe. She reported that she is on the fundraiser committee for the League of California Cities Riverside Division , who will hosting a corn hole tournament, and thanked Burrtec and Burke, Williams & Sorensen for their sponso rship of the event.

She urged the public to look at the ballot measures for the upcoming election. She also announced that sadly, today is the 6 -month anniversary of the invasion of Russia into Ukraine.

Councilmember Raymond Gregory reported that he has h ad the opportunity to meet with residents and staff since the last meeting. He reported that he attended the open house at the Paloma Resort and encouraged everyone to check it out. He also

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reported that he attended the Lossan Rail Authority Board meeting , as an alternate, the Mobility 21 Summit, and the Riverside County Transportation Commission Implementation and Budget Committee meeting. He reported that he attended the Desert Business Association mixer at the AMP Sports Lounge. He announced that there is an upcoming Special Meeting scheduled for September 1, 2022 , to discuss some budget amendments. He urged everyone to remember all those who labor during the Labor Day Holiday weekend. He welcomed newly hired Ryan Hunt, Communications and Events Manager.

Mayor Ernersto Gutierrez reported that he met with the Bob McKechnie, Chair of the Cathedral City Peace Initiative Committee, to discuss the peace initiative. He reported that he attended an event to honor fallen officer Suresh Krause on the 10 - year annivers ary of his death, which was well attended. He also reported that he attended the League of California Cities Mayor ’s meeting , where they discussed water shortages in California and provided a brief overview of ways to conserve water. He reported that he me t with representatives for the Veterans Village development to discuss the project. He spent many hours speaking with residents related to various issues. He also met with the City Manager and Police Chief Crum to discuss various issues including businesse s and c ode enforcement. He congratulated Councilmember Mark Carnevale and Councilmember Raymond Gregory for seeking reelection with no opposition in the upcoming election. He announced the upcoming soft opening of Luchador Brewing Company on August 27, 2022. He stated that he had an opportunity to visit many of the businesses in District 4 to discuss issues they may be having, which included major issues with the homeless. He feels the City should do more to help businesses that are having issues with the homeless.

4. CONSENT AGENDA
A motion was made by Councilmember Carnevale and seconded by Councilmember Ross to approve the following Consent Agenda items:

1. City Council - Special Meeting - Aug 3, 2022 5:00 PM

2. City Council - Study Session - Aug 10, 2022 3:00 PM

3. City Council - Regular Meeting - Aug 10, 2022 5:30 PM

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C. Receive and File Payment of Claims and Demands for July 2022 Recommendation: The City Council acting in its capacity for the City, the Successor Agency to the former Redevelopment Agency,
the Housing Successor Agency and the Cathedral City
Public Finance Authority Board receive and file payment of claims and demands in the aggregate sum of $29,374,829
for the month of July 2022.

M.O. 2022-144
D. Purchase of two vehicles for personnel assigned to East Pact Recommendation: To authorize staff to purchase two vehicles from Palm Springs Motors, which will be utilized by CCPD staff
assigned to East PACT. A 2017 Ford Explorer Base and
2018 Honda Accord LX for a total price of $61,108.95.

M.O. 2022-145
F. Triennial Contract for Miscellaneous Concrete Installation and Repair Services
Recommendation: Award triennial on-call and/or as needed service contracts to: Desert Ants Engineering, Inc. for Miscellaneous Concrete Installation and Repair Services; and Authorize the City Manager to execute the Agreement.

M.O. 2022-146

5. ITEMS PULLED FROM CONSENT
E. Administrative Amendment to the CDBG FY 2022-23 Annual Action Plan Recommendation: To approve an Administrative Amendment to City’s FY 2022- 23 Community Development Block Grant (CDBG) Annual
Action Plan (AAP) to allocate remaining and unused CDBG/ CDBG-CV funds to supplement Via De Anza Phase II and
Cathedral City Senior Center for submittal to the U.S.

Department of Housing and Urban Development (HUD).

This item was deferred to the September 14, 2022, City Council Meeting.

6. PUBLIC HEARINGS
A. Zone Ordinance Amendment No. 22-002, Change of Zone No. 21-001 Recommendation: To introduce and provide first reading, by title only, ordinances approving Zone Ordinance Amendment No. 22-
002 and Change of Zone No. 21-001; amendments
associated with the adoption of the General Plan and
Housing Element Updates and other minor text amendments to Title 9 (Planning and Zoning).

City Attorney Eric Vail announced that this item will be heard and discussed as two separate items.

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Councilmember Raymond Gr egory recused himself from the discussion of the proposed Change of Zone No. 21-001 Ordinance.

Robert Rodriguez, Director of Planning/Building, provided the staff report on the proposed Change of Zone No. 21 -001 Ordinance. The following points were presented:

• City’s Zoning Map
• General Plan Update Adopted by City Council on July 28, 2021 • 2040 Plan for the City
• North Landau Blvd, Zoning: I-1 & OS, Boundary Change
• North DaVall Dr, Existing Zoning: RM, I-1, Proposed Zoning: RM, I-1 & BP • Canyon Plaza, Perez Rd, Existing Zoning: OS & PCC, Proposed Zoning:

OS, PCC & BP
• North City Specific Plan Extended, Existing Zoning: MU-N, P roposed Zoning: I-1
• Downtown, Existing Zoning: MXC, Proposed Zoning: OS (Recognize Existing Parks)
• Bankside Dr, Zoning: PCC & CBP-2, Boundary Change
• Vista Chino & Landau Blvd, Existing Zoning: R2, Proposed Zoning: R3 • Date Palm Dr, Existing Zoning: PCC, Proposed Zoning: RM • Housing Element Adopted by City Council on May 25, 2002 • Housing Needs of the City
• Acres: 29. 41, Zoning: R2 to R3, Units/Acre: 10 to 20, Potential of 588 Units
• Acres: 7.06, Zoning: R2 to R3, Units/Acre: 10 to 20, Potential of 141 Units • Acres: 47, Zoning: I-1, Map the P/IH Overlay, Uses same as I-1 • Supportive & Transitional Housing, Low Barrier Navigation Center

Mayor Ernesto Gutierrez opened the Public Hearing to receive public comment , seeing none , he closed th e Public Hearing and returned discussion to the City Council.

M.O. 2022-147

A motion was made by Councilmember Carnevale and seco nded by Councilmember Ross to introduce and provide first reading, by title only, Change of Zone Ordinance of the City Counc il of t he City of Cathedral City, California , Amending the Official Zoning Map.

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Minutes Acceptance: Minutes of Aug 24, 2022 5:30 PM (Minutes Approval) Cathedral City P a g e 6 Printed on 9/07/2022
RESULT: APPROVED [3 TO 0]
MOVER: Mark Carnevale, Councilmember
SECONDER: Nancy Ross, Councilmember
AYES: Ernesto Gutierrez, Mark Carnevale, Nancy Ross
ABSENT: Rita Lamb
RECUSED: Raymond Gregory
Councilmember Raymond Gregory rejoined the meeting for the discussion of the proposed Zone Ordinance Amendment No 22-002.

Robert Rodriguez, Director of Planning/Building, provided the staff report on the proposed Zone Ordinance Amendment No. 22-002. The following points were presented:

• Title 9 (Planning and Zoning) of the Municipal Code
• New & Revised Definitions
• Permitted Uses (Residential Zones)
• Accessory Dwelling Unit (ADU) & Junior Dwelling Unit (JADU) • 2022 Council Goal
• Start with Title 9 (Planning and Zoning)
• Eliminated Chapters not Used
• Revised Definitions (for clarity)
• Consistency
• Development Standards (for clarity)
• Housing Element and General Plan
• Parking Standards
• Lighting- Shielding
• Legal & Other Updates
• STVR (Short-Term Vacation Rentals)
• Planning Commission

Mayor Gutierrez opened the Public Hearing to receive public comments.

Lisa Kennedy expressed her support and urged approval by the City Council.

Roberta Bye expressed her support and urged approval by the City Council.

Mayor Ernesto Gutierrez closed the Public Hearing and returned discussion to the City Council.

Councilmember Gregory requested that the charts in section 9.106.070 be amended to reflect the 2020 census data. He also requested that staff review section 9.94.070 Processing, to ensure City Council has final approval over the items listed in that section.

M.O. 2022-148

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A motion was made by Councilmember Gregory and seconded by Councilmember Ross to provide the first reading, by title only, an ordinance approving Zone Ordinance Amendment No. 22-002, an Ordinance of the City Council of the City of Cathedral City Amending Title 9 of the Cathedral City Municipal Code Pursuant to the adoption of the General plan and Housing Element Updates.

RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Nancy Ross, Councilmember
AYES: Ernesto Gutierrez, Mark Carnevale, Nancy Ross, Raymond Gregory
ABSENT: Rita Lamb

7. LEGISLATIVE ACTIONS
A. Appointment to Planning Commission
Recommendation: Make an appointment to the Planning Commission with a term continuing to June 30, 2023.

M.O. 2022-149

A motion was made by Councilmember Carnevale and seconded by Councilmember Gregory to appoint Richard Malacoff to fill an unexp ired seat on the Planning Commission with a term continuing to June 30, 2023.

RESULT: APPROVED [UNANIMOUS]
MOVER: Mark Carnevale, Councilmember
SECONDER: Raymond Gregory, Councilmember
AYES: Ernesto Gutierrez, Mark Carnevale, Nancy Ross, Raymond Gregory
ABSENT: Rita Lamb
B. Century Park Renovation Project
Recommendation: Authorize the City Manager to execute the documents required for the refurbishing of the existing Century Park playground equipment and replacement of the playground
soft surface topcoat by Miracle Recreation Company, in the amount of $116,834.35; and, purchase and install a USA
Shade & Fabric Structures, Inc. shade structure to cover the playground in the amount of $110,824.03; and Authorize the Director of Engineering/Public Works and Administrative Services Director to execute all required quotes and
proposals for the labor and materials to complete the Project including tables, benches, and grills in the amount of
$25,034.79 and the replacement of the shade structures
roofing systems in the amount of $21,382.00, respectively,

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for a Project total of $301,482.69, which includes a 10% contingency for unforeseen construction related expenses all to be funded from FY 2021-22 and 22-23 Parks
Improvement and Maintenance Plan, Environmental
Conservation Fund 246 and current FY Park Maintenance
Budget 100-8301.

M.O. 2022-150

A motion was made by Councilmember Carnevale and sec onded by Councilmember Ross to authorize the City Manager to execute the documents required for the refurbishing of the existing Century Park playgro und equipment and replacement of the playground soft surface topcoat by Miracle Recreation Company, in the amount of $116,834.35; and, purchase and install a USA Shade & Fabric Structures, Inc. shade structure to cover the playground in the amount of $110, 824.03; and authorize the Director of Engineering/Public Works and Administrative Services Director to execute all required quotes and proposals for the labor and materials to complete the Project including tables, benches, and grills in the amount of $25, 034.79 and the replacement of the shade structures roofing systems in the amount of $21,382.00, respectively, for a Project total of $301,482.69, which includes a 10% contingency for unforeseen construction related expenses all to be funded from FY 2021 -22 and 2 2-23 Parks Improvement and Maintenance Plan, Environmental Conservation Fund 246 and current FY Park Maintenance Budget 100-8301.

RESULT: APPROVED [UNANIMOUS]
MOVER: Mark Carnevale, Councilmember
SECONDER: Nancy Ross, Councilmember
AYES: Ernesto Gutierrez, Mark Carnevale, Nancy Ross, Raymond Gregory
ABSENT: Rita Lamb
C. IT Assessment and Master Plan
Recommendation: Approve a Professional Services Agreement with Client First Technology Consulting to develop and provide a
Comprehensive Information Technology (IT) Assessment
and IT Master Plan in the amount of $78,880 plus a 10%
contingency of $7,888 for a total budget amendment not to exceed $86,768.

M.O. 2022-151

A motion was made by Councilmember Ross and seconde d by Councilmember Carnevale to a pprove a Professional Services Agreement with Client First Technology Consulting to develop and provide a Comprehensive Information Technology (IT) Assessment and IT Master Plan in the amount of $78,880 plus a 10% contingency of $7,888 for a total budget amendment not to exceed $86,768.

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Minutes Acceptance: Minutes of Aug 24, 2022 5:30 PM (Minutes Approval) Cathedral City P a g e 9 Printed on 9/07/2022
RESULT: APPROVED [UNANIMOUS]
MOVER: Nancy Ross, Councilmember
SECONDER: Mark Carnevale, Councilmember
AYES: Ernesto Gutierrez, Mark Carnevale, Nancy Ross, Raymond Gregory
ABSENT: Rita Lamb
The City Council recessed at 7:40 p.m.

The City Council reconvened at 7:45 p.m.

D. First Reading Cannabis Ordinance Amendment Chapter 5.88 Recommendation: To introduce, waive reading beyond the title, and provide first reading to an ordinance amending Chapter 5.88 of the municipal code regarding the regulation of cannabis
businesses.

M.O. 2022-152

A motion was made b y Councilmember Gregory and seconded by Councilmember Carnevale to introduce, waive reading beyond the title, and provide first reading to a n ordinance amending Chapter 5.88 of th e municipal code regarding the regulation of cannabis businesses.

RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Mark Carnevale, Councilmember
AYES: Ernesto Gutierrez, Mark Carnevale, Nancy Ross, Raymond Gregory
ABSENT: Rita Lamb
E. Resolution Establishing Fines for Violations of Cannabis Business Regulations
Recommendation: To approve a resolution establishing fines for violations of cannabis business regulations.

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A motion was made by Councilmember Carnev ale an d seconded by Councilmember Ross to approve a resolution establishing fines for violations of cannabis business regulations.

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RESULT: APPROVED [UNANIMOUS]
MOVER: Mark Carnevale, Councilmember
SECONDER: Nancy Ross, Councilmember
AYES: Ernesto Gutierrez, Mark Carnevale, Nancy Ross, Raymond Gregory
ABSENT: Rita Lamb
F. Resolution Regarding Propositions 26 and 27
Recommendation: To consider resolutions related to Propositions 26 and 27.

Reid Milanovich, Chairman of the Ag ua Caliente Band of Cahuilla Indi ans, provided an overview of Proposition 26 and 27 as well as the Tribe's position on both.

John Plata, General Counsel Agua Caliente Band of Cahuilla Indians, provided an overview of the gaming negotiated contracts with t he State of California. He also i ndicated that there will be no direct compensation to the City through Proposition 26.

Sunshine Herrera, Cathedral City Resident, expressed her appreciation for what gaming has brought to her and her family. She feels tha t gaming affects the City and urged the Council to join the Tribe's efforts.

A motio n was made by Councilmember Carnevale and seconded by Mayor Gutierrez to approve resolutions related to Propositions 26 and 27.

A substitute motion was made by Councilmember Gregory and seconded by Councilmember Ross to take no position on Proposition 26 and Proposition 27.

RESULT: FAILED [2 TO 2]
MOVER: Raymond Gregory, Councilmember
SECONDER: Nancy Ross, Councilmember
AYES: Nancy Ross, Raymond Gregory
NAYS: Ernesto Gutierrez, Mark Carnevale
ABSENT: Rita Lamb

The City Council proceeded to vote on the original motion.

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Minutes Acceptance: Minutes of Aug 24, 2022 5:30 PM (Minutes Approval) Cathedral City P a g e 11 Printed on 9/07/2022
RESULT: FAILED [2 TO 2]
MOVER: Mark Carnevale, Councilmember
SECONDER: Ernesto Gutierrez, Mayor
AYES: Ernesto Gutierrez, Mark Carnevale
NAYS: Nancy Ross, Raymond Gregory
ABSENT: Rita Lamb
It was the consensus of the City Council to table this item until the next meeting when they have a full quorum.

G. Update on Emergency Actions Related to COVID-19
Recommendation: Update on Status of Emergency Proclamation. Possible action to continue or rescind Resolution 2020-06.

Update on Emergency Actions taken by City, County, State of Federal Agencies.

Possible consideration of additional measures to be taken.

Council may add items not listed on the agenda pursuant to Government Code section 54954.2 by majority vote.

City Manager Charles McClendon indicated that there is nothing t o report as the number of confirmed case s continue to decrease and does not recommend any action at this time. He indicated that he only has preliminary data on Monkey pox outbreak and he will be monitoring the situation.

8. DISCUSSION ON FUTURE AGENDA ITEMS
Councilmember Mark Carnevale requested that an item be agendized to discuss the retail cannabis tax situation.

It was the consensus of the City Council to direct sta ff to hold a C annabis Task Force meeting to discuss and access new information related to retail cannabis tax and bring back to the City Council for review.

9. CLOSED SESSION

ADJOURN
Mayor Ernesto Gut ierrez adjourned the A ugust 24, 2022 , Regular City Coun cil meeting at 8:25 p.m.

Mayor, City of Cathedral City City Clerk, City of Cathedral City

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Minutes Acceptance: Minutes of Aug 24, 2022 5:30 PM (Minutes Approval)

CITY COUNCIL

MINUTES

Special Meeting
Thursday, September 1, 2022
2:00 PM

City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234

• CALL TO ORDER
The meeting was called to order at 2:00 PM by Mayor Ernesto Gutierrez. • ROLL CALL
Attendee Name Title Status Arrived
Ernesto Gutierrez Mayor Present 2:00 PM
Rita Lamb Mayor Pro Tem Absent
Mark Carnevale Councilmember Present 2:00 PM
Nancy Ross Councilmember Present 2:00 PM
Raymond Gregory Councilmember Present 2:00 PM

• AGENDA FINALIZATION

1. AGENDA ITEM
A. FY 2022/2023 Proposed Budget Adjustments
Recommendation: This item is presented for information, discussion and direction only.

Kevin Biersack, Deputy Finance Director, provided an overview of the following:

• City’s Budgeting Process
• FY 2021-2022 Year End Estimates
• Proposed General Fund Budget Adjustments
• Non-personnel Roll Over Budget Adjustments
• Operating Budget Adjustments
• Master Position Control Recommendation
• Proposed General Fund Budget Adjustments
• Budget Adjustments Summary

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Minutes Acceptance: Minutes of Sep 1, 2022 2:00 PM (Minutes Approval) Cathedral City P a g e 2 Printed on 9/07/2022
After discussion amongst the City Council , it was the consensus of the City Council to direct staff to bring forward FY 2021 -2022 budget amendment in two phases. The first phase will be the budget items that are non -personnel roll over budget adjustments and items the City Council has already acted on. Staff will also provide more detailed information on revenues and expenditures for Council’s review. The second phase of the budget amendment, when presented to Council for consideration, will include an analysis of each new position, include the needs for staff reclassifications , and how these changes will make processes more efficient. City Manager Charles McClendon indicated that he will also prepare a proposal for a grant writer position for Council’s information.

ADJOURN
Mayor Ernesto Gutierrez adjourned the Special City Council Meeting of September 1, 2022, at 3:40 p.m.

Mayor, City of Cathedral City City Clerk, City of Cathedral City

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Minutes Acceptance: Minutes of Sep 1, 2022 2:00 PM (Minutes Approval)

Cathedral City Page 1 of 2 Printed on 9/13/2022

Staff Report

City Council

Item No. 3.C

Meeting Date: September 14, 2022
From: George Crum, Police Chief
Title: State Homeland Security Program Grant #2021-0081

City Council

RECOMMENDATION:

Adopt a resolution accepting State Homeland Security Pr ogram Grant FY 2021-0081, in the amount of $142,280.

BACKGROUND:

The State Homeland Security Program (SHSP) is a grant program under the umbrella of FEMA’s Homeland Security Grant Program . Started in 2003, the grant program assists in providing funding t o support the implementation of risk -driven, capabilities -based State Homeland Security Strategies to address capability targets. Cathedral City Police Department applied for funding to assist with the expenses of transitioning from our current ERICA commu nications platform to the county -wide PSEC platform. The acceptance of this grant award will provide financial assistance to Cathedral City Police Department to achieve the goal identified by City Council on March 24 th, 2021, to migrate to the PSEC radio system.

DISCUSSION:

The State Homeland Security Program (SHSP), one of three components of the Homeland Security Grant Program (HSGP), assists state, local, tribal, and territorial efforts to build, sustain, and deliver the capabilities necessary to preve nt, prepare for, protect against, and respond to acts of terrorism. The City of Cathedral City, as a subrecipient of the County of Riverside Emergency Management Department, has been awarded $142,280 to be used specifically towards the required software u pgrades to our six dispatch consoles and the purchase of three new PSEC compatible consolettes.

The transition from ERICA to PSEC will provide interoperable communications between Riverside County law enforcement agencies in efforts to prevent, respond to, and investigate terrorist or domestic extremist events. This will increase effective responsiveness to local and regional incidents and support enhanced preparedness for disasters unrelated to acts of terrorism.

In 2020, Cathedral City Police applied for the SHSP grant to assist the department with transitioning to a county -wide seamless radio communication system. Our application was approved, and we were awarded $142,280 to be dispersed in 2022. Within our

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application, the funding request included $3 3,000 for three upgraded PSEC compatible consolettes and $109,280 to be used toward the required software upgrades to the six dispatch consoles within the communications center.

FISCAL IMPACT:

There is no financial impact to the General Fund.

ATTACHMENTS:

SHSP Grant Application
SHSP Grant award letter
Consolletes QUOTE-1679102-6 (1)
Resolution - Riverside County EMD Grant

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Attachment: SHSP Grant Application (3386 : State Homeland Security Program Grant #2021-0081)

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Attachment: SHSP Grant Application (3386 : State Homeland Security Program Grant #2021-0081)

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Attachment: SHSP Grant Application (3386 : State Homeland Security Program Grant #2021-0081)

450 E ALESSANDRO BLVD. RIVERSIDE, CALIFORNIA 92508
T: 951.358.7100 ♦ F: 951.358.7105 ♦ WEB: WWW.RIVCOPHEPR.ORG ♦ TDD: 951.358.5124

Bruce Barton, Director
Emergency Management Department
February 17, 2022

City of Cathedral City
George Crum, Chief of Police
Jennifer Nellis, Senior Administration Analyst

RE: FY21 State Homeland Security Program Grant (SHSP) Award - $142,280.00 Grant #2021-0081 CFDA#: 97.067

The California Office of Emergency Services (CalOES) has approved Riverside County’s FY 21 State Homeland Security Program Grant (SHSP) application and has authorized the commencement of reimbursement requests as of 2/17/2022.

The grant cycle for this grant will end on May 31, 2023. All final reimbursement requests are due no later than June 10, 2023.

Upon approval of pending paperwork this letter serves as authorization to begin spending and reques ting reimbursement of your Anti -Terrorism Approval Authority (AT AA) approved pr ojects. In an effort to ensure t hat all awarded funds are expended the State is requiring that reimbursement requests should be made at least every 6 months . E xpenses for equipment should be completed within the first 8 months after rec eiving this award le tter. Training must b e completed or scheduled within the first year of this grant. Under extenuating circumstances some exceptions may be approved . Full Expenditure of the awarded funds is expected.

Riverside County Operational Area may reduce, suspend, or terminate current and/or future grant funding, in whole or in part, or other measures may be imposed for any of the following reasons:
• Failure to submit required reports.
• Failure to expend a minimum of 90% of awarded funding. • Failure to expend funds in a timely manner consistent with the grant milestones, guidance, and assurances. • Failure to comply with the requirements or statutory progress toward the goals or objectives of federal or state law.
• Failure to follow grant agreement requirements or special conditions. • False certification in the application or document.
• Failure to adequately manage, monitor or direct the grant funding activities of their City/Agency.

Riverside County EMD does require you to provide a signed FY 21 Grant Assurance and completed and signed Workbook Face-Sheet as soon as possible. Modifications and Reimbursement Requests cannot be processed until we receive these documents. Please remember that cha nges to your grant will require the approval of the OA prior to i ncurring any costs.

All modificati ons, EHP’s, sole source procurement, EOC and construction requests require additional approvals from CalOES through the OA prior to incurring any costs.

By accepting this award, it is understood that you are agreeing to c omply with a ll applicable federal, state, and local requirements of the grant as put forth in the FY 21 Grant Assurances, federal and state guidances, and all provisions of 2 CFR 200 including part F- “Audit Requirements”. Any funds found owed as a result o f a final review or audit must be refunded to the County within 15 days upon receipt of an invoice from Riverside County EMD.

As always, please feel free to co ntact us wi th any question s you may have. I look forward to working with you and appreciate your cooperation and support.

Regards,

Joe Barron
Administrative Services Analyst II
Riverside County EMD

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Attachment: SHSP Grant award letter (3386 : State Homeland Security Program Grant #2021-0081)

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Attachment: Consolletes QUOTE-1679102-6 (1) (3386 : State Homeland Security Program Grant #2021-0081)

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Attachment: Consolletes QUOTE-1679102-6 (1) (3386 : State Homeland Security Program Grant #2021-0081) RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CATHEDRAL CITY, CALIFORNIA, AUTHORIZING THE

ACCEPTANCE OF SUBAWARD GRANT FUNDS IN THE AMOUNT OF
$142,280 FROM THE RIVERSIDE COUNTY EMERGENCY

MANAGEMENT DISTRICT

WHEREAS, the City of Cathedral City (City) is interested in participating in the Riverside County Emergency Management District Subaward Grant Program, which is made available through the California Office of Emergency Services (CalOES) FY 21 State Homeland Security Program Grant (SHSP); and

WHEREAS, following the City’s submittal of a proposal for the Program, Riverside County Emergency M anagement District offered to award $142,280 for FY

21. The grant authorizes reimbursement requests as of 2/17/2022. The grant cycle for this grant will end on May 31, 2023. All final reimbursement requests are due no later than June 10, 2023; and

WHEREAS, Grant Funds will be used for reimbursement of the City’s Anti- Terrorism Approval Authority (ATAA); and

WHEREAS, the funding for the plan will be comprised of reimbursements for the purchase of three Motorola TDMA compatible consolettes and System Inte gration Services performed by Motorola technicians in order to achieve radio interoperability with Riverside County’s Public Safety Enterprise Communication System; and

WHEREAS, in an effort to ensure that all awarded funds are expended the State is requiring that reimbursement requests be made at least every 6 months. Expenses for equipment should be completed within the first 8 months after receiving th e award letter. Training must be completed or scheduled within the first year of the grant.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cathedral City as follows:

SECTION 1. The City Manager or a designated representative is hereby authorized, on behalf of the City, to accept Subaward Grant Funding in the amount of $142,280 from Riverside County Emergency Management District.

SECTION 2 . The City Manager or a designated repre sentative is hereby authorized, on behalf of the City, to execute the grant documents and to submit all documents, including, without limitation, contracts, amendments, extensions, and payment requests as appropriate to accept the funds under and comply wi th the conditions of the grant.

SECTION 3. The City Manager is hereby authorized and directed to establish all required accounts and make any and all expenditures, appropriations, transfer, and/or distributions of funds on behalf of the City as are nece ssary and appropriate to carry out the purpose and intent of this resolution.

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Attachment: Resolution - Riverside County EMD Grant (3386 : State Homeland Security Program Grant #2021-0081) SECTION 4. By accepting this award, the City agrees to comply with all applicable federal, state, and local requirements of the grant as put forth in the FY21 Grant Assurances, federal and state guidance’s, and all provisions of 2 CFR 200 including part F - “Audit Requirements”. Any funds found owed as a re sult of a final review or audit must be refunded to the County within 15 days upon receipt of an invoice from Riverside County EMD.

SECTION 5. That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the Resolution is passed and adopted.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Cathedral City held on this 14th day of September 2022, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

Ernesto Gutierrez, Mayor

ATTEST:

Tracey R. Hermosillo, City Clerk

APPROVED AS TO FORM:

Eric S. Vail, City Attorney

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Attachment: Resolution - Riverside County EMD Grant (3386 : State Homeland Security Program Grant #2021-0081)

Cathedral City Page 1 of 3 Printed on 9/13/2022

Staff Report

City Council

Item No. 3.D

Meeting Date: September 14, 2022
From: John Corella, Director of Engineering/Public Works Title: Administrative Amendment to the CDBG FY 2022 -23 Annual Action Plan

City Council

RECOMMENDATION:

To approve an Administrative Amendment to City’s FY 2022-23 Community Development Block Grant (CDBG) Annual Action Plan (AAP) to allocate remaining and unused CDBG/ CDBG-CV funds to supplement Via De Anza Phase II and Cathedral City Senior Center for submittal to the U.S. Department of Housing and Urban Development (HUD).

BACKGROUND:

On June 22, 202 2, the City Council approved the City’s FY 202 2-23 CDBG Annual Action Plan that describes the federal funding allocations from the City’s annual entitlement grant. This approval included the City’s entitlement apportionment of $615,619.

DISCUSSION:

Each fiscal year, the City allocates CDBG funding for administrative program expenses, public services, and public improvements that meet HUD requirements for the CDBG Program and activities that benefit low - and moderate -income residents of Cathedral City. Funding allocations described in the City’s Annual Action Plan and recommended for approval annually. Funding allocations are managed through execution of subrecipient and construction agreements between the City and the awarded agency for the amount described in the Annual Action Plan.

The City has unused/unallocated CDBG funds in the amount of $9,469 remaining from FY 2019-20 South Panorama Street Improvement Project, $1 0,000 remaining from FY 2020-21 CVAG Buss Pass Program that was stopped due to Covid and Stonewall Ministries not initiating their contract, $18,892 remaining from FY 2021 -22 CDBG -CV Small Business Economic Assistance Loan Program, and $12,865 unallocated CDBG- CV funds.

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Therefore, the Administrative Amendment proposes to allocate:

• $18,500 to the Cathedral City Senior Center in CDBG -CV funds to provide various services to the elderly, especially impacted by Covid • $13,257 in CDBG -CV funds to supplement FY 2022-23 Via De Anza Phase II Project
• $19,469 in CDBG funds to supplement FY 2022-23 Via De Anza Phase II Project

Cathedral City Senior Center (CCSC): The City of Cathedral City provides annual funding to CCSC, to assist with their operations in providing for the needs of Cathedral City’s seniors, families, and caregivers. CCSC also offers:

• Isolation-reduction programming from space -based, center -centric to virtual gatherings and then planned a safe, phased reopening for vaccinated participants to attend programs by reservation
• Accurate information about COVID and COVID-related resources to callers. • Friendly connection wellness check calls daily and weekly, social services, and a robust Virtual Program that includes a variety of programs from fitness, cook ing demonstrations, art, etc.

Via De Anza Street Improvement Projects Phase II: In the FY 2021-22 AAP, funding was allocated to the Via De Anza Street Improvement Project Phase I. In the FY 2022 - 23 AAP, the City Council approved Phase II of the Project, which includes curb, gutter, and sidewalk on the east side of Via De Anza from Dinah Shore Drive to Ortega Road.

Per the City’s Community Participation Plan (CPP), any programmatic changes in an amount less than ten percent (10%) of the City’s total cumul ative budget may be documented with an Administrative Amendment. The sum of the proposed Administrative Amendment is $51,226. The City’s total budget for FY 2022 -23 is $615,619; ten percent (10%) of this cumulative amount is $61,561.

PUBLIC PARTICIPATION:

Per the City’s Community Participation Plan (CPP), no public participation or public hearing is required for the approval of an Administrative Amendment.

FISCAL IMPACT:

The City is proposing to utilize the remaining CDBG funding to supplement the Via D e Anza Street Improvement, Phase II Project. Any unallocated and/or remaining CDBG funding from previous years can only be allocated to public improvements as the City cannot exceed its annual required cap allowances for administrative (no more than 20%) and public service (no more than 15%) expenses.

The City is proposing to utilize the remaining and unallocated CDBG -CV funding to supplement the Cathedral City Senior Center. Any unallocated and/or remaining CDBG - CV funding must be spent by the end of FY 2023. HUD does not have a cap allowance for CDBG-CV funding.

The approval of this Administrative Amendment will ensure that the City’s records

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remain accurate and account for these programmatic changes. The reallocation of funds will also allow the City to maximize its reimbursement for costs related to the public improvement project.

The following table summarizes the City’s proposed programming of unallocated CDBG funding:

Program
Year
Project (from) Project (to) Funding
FY 2021-22

CDBG-CV
Small Business Economic
Assistance Loan Program
Cathedral City Senior
Center
$18,500
FY 2021-22

CDBG-CV
Small Business Economic
Assistance Loan Program
Via De Anza,
Phase II (CXXXX)
$392
FY 2021-22

CDBG-CV
Unallocated Funds Via De Anza,
Phase II (CXXXX)
$12,865

FY 2019-20 South Panorama Street
Improvements Project
Via De Anza,
Phase II (CXXXX)
$9,469
FY 2020-21 CVAG’s Alan Sermon Bus
Pass Program and
Stonewall Ministries
Via De Anza,
Phase II (CXXXX)
$10,000
Total $51,226

ATTACHMENTS:

FY 2022-23 Administrative Amendment No. 1

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ADMINIS

TRATIVE AMENDMENT

CITY OF CATHEDRAL CITY
2022-2023 ANNUAL ACTION PLAN
Juri
sdiction: City of Cathedral City
Program: Community Development Block Grant (CDBG)
Grant: B-22-MC-06-0603
Contact Person: John Corella
Telephone: 760- 770-0327
Email: [email protected]
Address: 68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
SUMMARY OF CHANGES:

The City of Cathedral City is proposing an Administrative Amendment to its Fiscal Year (FY) 2022-23 Community Development Block Grant (CDBG) Annu al Action Plan (AAP) to allocate remaining and unused CDBG/CDBG-CV funds to supplement the Via De Anza Phase II Project and the Cathedral City Senior Center. Un der the City’s adopted Community
Participation Plan, any programmatic changes under $61,561 will only require an Administrative Amendment.

The Amendment will allow for adjustments to t he AAP so that these activities are properly accounted for within the fiscal year in which the federal funds were made available.

The proposed Amendment will:
• Allocate $18,500 CDBG-CV funds to Cathedral City Senior Center in providing various services to the elderly, especially impacted by Covid. • Allocate remaining CDBG/CDBG- CV funds to Via De Anza Street Improvements Phase II Project in the FY 2022-23 AAP.

The approval of the proposed Administrative Amendment to the FY 2022-23 AAP will allow the City to utilize any unused CDBG/CDBG-CV funds, improve the City’s federal spending ratio and continue to mitigate the effects of the Corona Virus of the City’s most vulnerable populations.

PROPOSED ACTIVITIES:

On June 22nd 2022, the City Council approved the FY 2022-23 CDBG Annual Action Plan for submittal to the U.S. Depar tment of Housing and Urban Development (HUD).

This AAP had $12,865 of unallocated CDBG-CV funds and $18,892 remaining from the Economic Assistance Loan Program. At the end of 2021-22 fiscal year (June 30, 2022), the City had unspent prior year CDBG funds totaling $19,469 and unspent prior year CDBG-CV funds totaling $31,757. The City is required to ame nd the FY 2022-23 AAP in order to reprogram any prior year funding.

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Attachment: FY 2022-23 Administrative Amendment No. 1 (3400 : Administrative Amendment to the CDBG FY 2022-23 Annual Action Plan) Of the remaining prior year CDBG-CV funds, City Staff is recommending reprogramming $18,500 to support Cathedral City Senior Center (CCSC) in providing various services to the elderly, especially impacted by Covid. As the pandemic continues, the CCSC has seen a substantial gr owth fr om City residents in need of their services. For CDBG-CV funding, there is no cap allowanc e for public services.

City Staff is proposing to utilize the rem aining entitlement CDBG/CDBG-CV funding to supplement the Via De Anza Street Improvement Phase II Project. Project will include design for curb, gutter, and sidewalk for Phase II on the east side of Via De A nza from Dinah Shore Drive to Ortega Road, located in Census Tract 449.15. Any unallocated and/or rem aining CDBG funding from previous years can only be allocated to public impr ovements as the City c annot exceed its annual required cap allowances for administrative (no more than 20%) and public service ( no m ore than 15%) expenses.

By programming the unus ed/unallocated CDBG-CV funding to CCSC, the City will be able to continue to provide services to the City’s residents impacted by the Corona Virus through the 2022-23 fiscal year. By not amending the AAP, the City will limit its Corona Virus assistance and funds will be at risk of recapture due to nonuse.

OVERALL BUDGET:

For FY 2022-23, the City was awarded $61 5,619 from HUD to fund public services and public improvements. Under HUD guidelines, entitlement grantees must allocate no more than twenty percent (20%) of the entitlement on adm inistrative activities; no more than fifteen percent (15%) on public service activities and programs; and, the remaining budget, typically sixty-fi ve percent or more, on public improvements.

The City also had unspent prior year CDBG funds totaling $19,469 and unspent prior year CDBG CV funds totaling $31,757. Of the unspent CDBG-CV funds, the City is proposing to reprogram $18,500 to support the CCSC in providing various services to the elderly, especially im pacted by Covid. The remaining funds from CDBG-CV will supplement the Via De Anza Str eet Improvements Phase II Project.

The following table summarizes the City’s proposed programming of unallocated CDBG funding:

Program
Year
Project (from) Project (to) Funding
FY 2021-22

CDBG-CV
Unallocated Funds Via De Anza,
Phase II (CXXXX)
$12,865
FY 2021-22

CDBG-CV
Small Business Economic
Assistance Loan Program
Via De Anza,
Phase II (CXXXX)
$392
FY 2021-22

CDBG-CV
Small Business Economic
Assistance Loan Program
Cathedral City Senior
Center
$18,500

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Attachment: FY 2022-23 Administrative Amendment No. 1 (3400 : Administrative Amendment to the CDBG FY 2022-23 Annual Action Plan) FY 2019-20 South Panorama Street
Improvements Project
Via De Anza,
Phase II (CXXXX)
$9,469
FY 2020-21 CVAG’s Alan Sermon Bus
Pass Program and
Stonewall Ministries
Via De Anza,
Phase II (CXXXX)
$10,000
Total $51,226
Pr
epared by:
______
____________________
Andrew Lee, Assistant Engineer
Revi
ewed and approved by:
______
____________________
John A. Corella, P.E., Director of Engineering/ Public Works

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Attachment: FY 2022-23 Administrative Amendment No. 1 (3400 : Administrative Amendment to the CDBG FY 2022-23 Annual Action Plan)

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Staff Report

City Council

Item No. 3.E

Meeting Date: September 14, 2022
From: Robert Rodriguez, Director of Planning/Building
Title: Second Reading of Change of Zone No. 21-001

RECOMMENDATION:

To provide second reading by title only, and adopt an ordinance approving Change of Zone No. 21 -001; amendments associated with the adoption of the General Plan and Housing Element Updates.

BACKGROUND:

On August 24, 2022, the City Council conducted a public hearing where the Ordinance was introduced and provided first reading. At the introduction of the item, Councilmember Gregory recused himself from the discussion of the change of zone and rejoined for the discussion on the zoning ordinance amendment . Therefore, for the second reading, the item is being presented as two items to allow separate motions for each Ordinance. The relevant attachments have been attached to each item.

However, the staff report has not been revised and any reference to attachments refers to the single staff report and attachments as presented for the first reading at the August 24, 2022 meeting.

Housing Element Update
On May 25, 2022, the City Council adopted the Housing Element Update (General Plan Amendment No. 20 -001) for the 2021 -2029 planning period. Housing Elements are a means of increasing the overall supply and affordability of the housing stock by conserving and improving the condition of existing housing, removing regulatory barriers to housing production, and addressing special needs housing. Typically, within 2 yea rs of adoption of the Housing Element, a comprehensive update of the City’s Zoning Code (Title 9 Planning and Zoning) and Zoning Map are to be completed to ensure zoning consistency with the General Plan and Housing Element and to remove governmental constraints to the provision of all housing types. However, SB 197 was signed into law on June 30, 2022, requiring that the rezoning be completed by October 15, 2022.

General Plan Update
On July 28, 2021, the City Council adopted the 2040 General Plan Update ( General Plan Amendment No. 18 -002) including updates to the City’s Land Use Map. The

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General Plan is intended to ensure that the City’s existing and planned pattern of land uses, transportation infrastructure, and other areas of community planning are compatible with long -term physical and regulatory environments and the changing and evolving economy. This is the first comprehensive update to the General Plan and Land Use Map since 2002 and requires the City’s Zoning Map be updated for consistency with the Land Use Map.

Municipal Code Comprehensive Update
One of the Council’s goals for 2022 is to complete a comprehensive update of the Cathedral City Municipal Code (CCMC) commencing with Title 9 (Planning and Zoning).

Planning Commission
The Planning Commis sion held a public hearing on July 20, 2022, and unanimously approved the adoption of a Resolution recommending that the City Council approve Zone Ordinance Amendment No. 22 -002 and Change of Zone No. 21 -001 with the following additions:

1. Short-term vacation rental (STVR) be added as a prohibited use in the R1 and R2 zoning districts.

2. STVR be added as a permitted use in the RR zoning district.

3. Include the existing Chapter 5.96 definition of STVR in Title 9 , Chapter 9.08 (Definitions).

The revisions have be en made and are included in the attached draft Title 9 document (Attachment 3).

Cannabis Regulations Update
On August 10, 2022, during a follow -up study session discussion on cannabis regulations, the City Council directed staff to proceed with revisions to Title 9 to permit dispensaries with outdoor consumption lounges, with the requirement that they be located a minimum distance of 250 feet from the RR (Resort Residential) zoning district.

The revisions have been made to the draft Title 9 document.

DISCUSSION:

Housing Element Update
Through its policies and programs, the Housing Element identified changes to be implemented in the Zoning Code and Zoning Map including:

1. Allow transitional and supportive housing by -right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses pursuant to Government Code Section 65651.

2. Update the Zoning Map to include the P/IH overlay zone.

3. Update emergency shelter parking standards per Government Code Section 65583 (a)(4).

4. Add ministerial considerations for second dwelling/accessory dwelling units and permit by -right in residential zones pursuant to Government Code Section 65852.2.

5. Update the definition of “family” to remove the limit of five unrelated persons.

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6. “Group homes” shall be defined and allowed in all residential zones by -right in the same manner as other residential uses.

7. “Employee housing” shall be defined and permitted by right if 6 or fewer dwelling units, 7 or more dwelling units will be permitted per s imilar dwelling types of the same size in the same zone.

8. “Manufactured homes” should only be subject to the same development standards that a conventional single -family residential dwelling on the same lot would be subject to, with the exception of archite ctural requirements, for roof overhang; roofing material; and siding material (Gov. Code, § 65852.3, subd. (a)). However, any architectural requirements for roofing and siding material shall not exceed those which would be required of conventional single-family dwellings constructed on the same lot (Gov. Code, § 65852.3, subd. (a)).)

The proposed revisions to the Zoning Code, included as Attachment 3 with red lettered strikeout and underline to identify the revisions, remove these constraints. In addition, a change of zone is required for two sites, identified as sites #6 and #9 in the Inventory of Available Vacant Land (Table 37) of the Housing Element, and shown on Attachment 4, to accommodate high density residential (R3 Multiple Family Residential) and meet the City’s RHNA (Regional Housing Needs Allocation) allocation.

General Plan Update
In addition to corrections and refinements to the Land Use Map, land use changes were also approved for specific areas (Attachment 5), that require the Zoning Map be revised for consistency:

1. North Landau Blvd (north of the Verano community)

2. North DaVall Dr (south and north of I-10)

3. South of East Palm Canyon Dr, Perez Rd and Canyon Plaza

4. North City Specific Plan Extended, west of Bob Hope

5. Downtown area, north of East Palm Canyon Dr

6. Bankside Dr at East Palm Canyon Dr

7. Southeast corner of Vista Chino and Landau Blvd

8. West side of Date Palm Drive, between Ramon Rd and Dinah Shore Dr

The Proposed Zoning Map (Attachment 3) reflects these changes. Additionally, the Zoning Cod e was reviewed for consistency with the General Plan and proposed revisions include the elimination of zoning districts (CBP-1 Commercial Business Park – Limited and BB Bed and Breakfast Inns) no longer used and clarification of development standards and density requirements.

Municipal Code Comprehensive Update
This is the first phase of updates planned for Title 9 (Planning and Zoning) and primarily focused on corrections, refinements, and revisions for legibility. However, the proposed revisions do addre ss non -conforming multi -family uses, added the cannabis parking standards previously adopted by the Planning Commission, add ed regulations for Accessory Dwelling Units and Junior Accessory Dwelling Units, and added uses previously approved through similar use determinations. The next phase will focus on consistency with recently adopted State laws and regulations.

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ENVIRONMENTAL REVIEW:

A Final Environmental Impact Report (FEIR) was certified for the 2040 General Plan Update, a Negative Declaration was ado pted for the Housing Element Update, and the proposed additional minor amendments to the CCMC are exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines 15061(b)(3) on the grounds that it can be seen with certainty that these amend ments do not have the potential to cause significant environmental impacts. Moreover, any future environmental impacts will be evaluated during the review of all project applications.

PUBLIC NOTIFICATION:

A public hearing notice was published in accordanc e with the City Municipal code and CEQA.

ATTACHMENTS:

Attachment 1: Ordinance Change of Zone No. 21-001
Attachment 2: Draft Zoning Map

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ORDINANCE NO.

CHANGE OF ZONE NO. 21-001

AN ORDINANCE OF THE CITY COUNCIL OF CATHEDRAL CITY,

CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP

THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Official Zoning Map.

The Official Zoning Map of the City of Cathedral City is hereby amended in its entirety pursuant to Attachment 2 of the staff report for Change of Zone No. 21- 001 attached hereto and incorporated herein by this reference.

Section 2. Severability.

If any Section of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining section, subsection and clauses shall not be affected thereby.

Section 3. Repeal of Conflicting Provisions.

All of the provisions of the Cathedral City Municipal Code and Zoning Ordinance as heretofore adopted by the City of Cathedral City that are in conflict with the provisions of this Ordinance are hereby repealed.

Section 4. Effective Date.

This Ordinance shall take effect thirty (30) days after its second reading by the City Council.

Section 5. Posting.

The City Clerk shall, within 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 AREA LEFT INTENTIONALLY BLANK]

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Attachment: Attachment 1: Ordinance Change of Zone No. 21-001 (3395 : CZ 21-001 GPA 18-002 GPA 20-001 - 2nd Reading)

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 Change of Zone No. 21-001 (3395 : CZ 21-001 GPA 18-002 GPA 20-001 - 2nd Reading)

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Attachment: Attachment 2: Draft Zoning Map (3395 : CZ 21-001 GPA 18-002 GPA 20-001 - 2nd Reading)

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Staff Report

City Council

Item No. 3.F

Meeting Date: September 14, 2022
From: Robert Rodriguez, Director of Planning/Building
Title: Second Reading of Zone Ordinance Amendment No. 22-002

RECOMMENDATION:

To provide second reading by title only, and adopt an ordinance approving Zone Ordinance Amendment No. 22 -002; amendments associated with the adoption of the General Plan and Housing Element Updates and other minor text amendments to Title 9 (Planning and Zoning).

BACKGROUND:

On August 24, 202 2, the City Council conducted a public hearing where the Ordinance was introduced and provided first reading. At the introduction of the item, Councilmember Gregory recused himself from the discussion of the change of zone and rejoined for the discussion o n the zoning ordinance amendment. Therefore, for the second reading, the item is being presented as two items to allow separate motions for each Ordinance. The relevant attachments have been attached to each item.

However, the staff report has not been re vised and any reference to attachments refers to the single staff report and attachments as presented for the first reading at the August 24, 2022 meeting.

Housing Element Update
On May 25, 2022, the City Council adopted the Housing Element Update (Genera l Plan Amendment No. 20 -001) for the 2021 -2029 planning period. Housing Elements are a means of increasing the overall supply and affordability of the housing stock by conserving and improving the condition of existing housing, removing regulatory barriers to housing production, and addressing special needs housing. Typically, within 2 years of adoption of the Housing Element, a comprehensive update of the City’s Zoning Code (Title 9 Planning and Zoning) and Zoning Map are to be completed to ensure zoning consistency with the General Plan and Housing Element and to remove governmental constraints to the provision of all housing types. However, SB 197 was signed into law on June 30, 2022, requiring that the rezoning be completed by October 15, 2022.

General Plan Update

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On July 28, 2021, the City Council adopted the 2040 General Plan Update (General Plan Amendment No. 18 -002) including updates to the City’s Land Use Map. The General Plan is intended to ensure that the City’s existing and planned pattern of lan d uses, transportation infrastructure, and other areas of community planning are compatible with long -term physical and regulatory environments and the changing and evolving economy. This is the first comprehensive update to the General Plan and Land Use M ap since 2002 and requires the City’s Zoning Map be updated for consistency with the Land Use Map.

Planning Commission
The Planning Commission held a public hearing on July 20, 2022, and unanimously approved the adoption of a Resolution recommending that the City Council approve Zone Ordinance Amendment No. 22-002 and Change of Zone No. 21 -001 with the following additions:

1. Short-term vacation rental (STVR) be added as a prohibited use in the R1 and R2 zoning districts.

2. STVR be added as a permitted use in the RR zoning district.

3. Include the existing Chapter 5.96 definition of STVR in Title 9 , Chapter 9.08 (Definitions).

The revisions have been made and are included in the attached draft Title 9 document (Attachment 3).

Cannabis Regulations Update
On August 10, 2022, during a follow -up study session discussio n on cannabis regulations, the City Council directed staff to proceed with revisions to Title 9 to permit dispensaries with outdoor consumption lounges, with the requirement that they be located a minimum distance of 250 feet from the RR (Resort Residential) zoning district.

The revisions have been made to the draft Title 9 document.

DISCUSSION:

Housing Element Update
Through its policies and programs, the Housing Element identified changes to be implemented in the Zoning Code and Zoning Map including:

2. Update the Zoning Map to include the P/IH overlay zone.

3. Update emergency shelter parking standards per Government Code Section 65583 (a)(4).

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4. Add ministerial considerations for second dwelling/accessory dwelling units and permit by -right in residential zones pursuant to Government Code Section 65852.2.

5. Update the definition of “family” to remove the limit of five unrelated persons.

6. “Group homes” shall be defined and allowed in all residential zones by -right in the same manner as other residential uses.

7. “Employee housing” shall be defined and permitted b y right if 6 or fewer dwelling units, 7 or more dwelling units will be permitted per similar dwelling types of the same size in the same zone.

8. “Manufactured homes” should only be subject to the same development standards that a conventional single -family residential dwelling on the same lot would be subject to, with the exception of architectural requirements, for roof overhang; roofing material; and siding material (Gov. Code, § 65852.3, subd. (a)). However, any architectural requirements for roofing and s iding material shall not exceed those which would be required of conventional single-family dwellings constructed on the same lot (Gov. Code, § 65852.3, subd. (a)).)

The proposed revisions to the Zoning Code, included as Attachment 3 with red lettered strikeout and underline to identify the revisions, remove these constraints. In addition, a change of zone is required for two sites, identified as sites #6 and #9 in the Inventory of Available Vacant Land (Table 37) of the Housing Element, and shown on Attac hment 4, to accommodate high density residential (R3 Multiple Family Residential) and meet the City’s RHNA (Regional Housing Needs Allocation) allocation.

1. North Landau Blvd (north of the Verano community)

2. North DaVall Dr (south and north of I-10)

3. South of East Palm Canyon Dr, Perez Rd and Canyon Plaza

4. North City Specific Plan Extended, west of Bob Hope

5. Downtown area, north of East Palm Canyon Dr

6. Bankside Dr at East Palm Canyon Dr

7. Southeast corner of Vista Chino and Landau Blvd

8. West side of Date Palm Drive, between Ramon Rd and Dinah Shore Dr

The P roposed Zoning Map (Attachment 3) reflects these changes. Additionally, the Zoning Code was reviewed for consistency with the General Plan and proposed revisions include the elimination of zoning districts (CBP-1 Commercial Business Park – Limited and BB B ed and Breakfast Inns) no longer used and clarification of development standards and density requirements.

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Accessory Dwelling Units an d Junior Accessory Dwelling Units, and added uses previously approved through similar use determinations. The next phase will focus on consistency with recently adopted State laws and regulations.

ENVIRONMENTAL REVIEW:

A Final Environmental Impact Report (FEIR) was certified for the 2040 General Plan Update, a Negative Declaration was adopted for the Housing Element Update, and the proposed additional minor amendments to the CCMC are exempt from the California Environmental Quality Act (CEQA) per CEQA Gui delines 15061(b)(3) on the grounds that it can be seen with certainty that these amendments do not have the potential to cause significant environmental impacts. Moreover, any future environmental impacts will be evaluated during the review of all project applications.

PUBLIC NOTIFICATION:

A public hearing notice was published in accordance with the City Municipal code and CEQA.

ATTACHMENTS:

Attachment 1: Ordinance Zone Ordinance Amendment No. 22-002 Attachment 2: Attachment A - Draft Title 9 (Planning and Zoning)

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ZONE ORDINANCE AMENDMENT NO. 22-002

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY AMENDING TITLE 9 OF THE CATHEDRAL CITY

MUNICIPAL CODE PURSUANT TO THE ADOPTION OF THE GENERAL

PLAN AND HOUSING ELEMENT UPDATES

WHEREAS, Title 9 (Planning and Development) of the City of Cathe dral 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 districts throughout the City and regulates the development of land in each district; and

WHEREAS, on May 25, 2022, the City Council adopted a Negative Declaration in accordance with the California Environment Quality Act and approved General Plan Amendment No. 20-001 (Housing Element Update); and

WHEREAS, on July 28. 2021, the City Council adopted the 2040 General Plan Update and Active Transportation/Neighborhood Elective Vehicle Plan (General Plan Amendment No. 18-002); certifying the Environmental Impact Report (SCH #201808012) for the 2040 General Plan Update and AT/NEV Plan; and adopting Environmental Findings, a Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program for the 2040 General Plan Update); and

WHEREAS, in light of the above updates to t he General Plan and Housing Element, the City now desires to update its Zone Ordinance (Title 9) for consistency.

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 fin ds 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 incorporated herein by this reference , with additions noted in underline and deletions noted in strikeout.

SECTION 7. 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 jurisdiction, 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 more of said provisions be declared invalid.

SECTION 8 . This Ordinance shall take effect thirty (30) days af ter its second

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Attachment: Attachment 1: Ordinance Zone Ordinance Amendment No. 22-002 (3394 : ZOA 22-002 GPA 18-002 GPA 20-001 - 2nd Reading)

reading by the City Council.

SECTION 9. 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 Zone Ordinance Amendment No. 22-002 (3394 : ZOA 22-002 GPA 18-002 GPA 20-001 - 2nd Reading)

ATTACHMENT A
Title 9

PLANNING AND ZONING

Chapters:

Division I. Introductory Provisions

9.02 Applicability and Purpose

9.04 Conflicts and Clarifications

9.05 Development Agreements

9.06 Use Determination

9.08 Definitions

Division II. District Regulations

9.10 Zoning Districts Established

9.12 RE Residential Estate District

9.14 R1 Single-Family Residential District

9.16 R2 Multiple-Family Residential District

9.18 RM Multiple-Family Residential District

9.20 R3 Multiple-Family Residential District

9.22 R4 Multiple-Family Residential District

9.24 RR Resort Residential District

9.25 DRN Downtown Residential Neighborhood
District

9.26 PPO Planned Professional Office District

9.28 PLC Planned Limited Commercial District

9.30 PCC Planned Community Commercial
District

9.31 MXC Mixed Use Commercial

9.32 CTR Commercial Tourist and Recreation
Zone

9.34 CBP-1 Commercial Business Park (Limited)
District

9.36 CBP-2 Commercial Business Park District

9.38 NBP Neighborhood Business Park
(Transition) District

9.40 I-1 Light Industrial District

9.42 OS Open Space District

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Attachment: Attachment 2: Attachment A - Draft Title 9 (Planning and Zoning) (3394 : ZOA 22-002 GPA 18-002 GPA 20-001 - 2nd Reading)

9.44 OS-R Open Space Residential District

9.46 BB Bed and Breakfast Inns

9.48 Density Bonus and Affordable Housing
Program

9.50 S Specific Plan Overlay Zone

9.52 H Hillside Protection Regulations

9.54 LH Limited Height Overlay Zone

9.56 P/IH Public/Institutional Housing Overlay
District

Division III. General Provisions

9.58 Off-Street Parking

9.60 Specific Plans

9.62 Signs

9.64 Mobile Home Park Standards

9.66 Nonconforming Uses, Lots, Structures and
Other Improvements

9.68 Special Use Permits

9.70 Home Occupations

9.72 Conditional Use Permits

9.74 Change of Zone or Zoning Ordinance Text

9.76 Variances

9.78 Design Review

9.80 Accessory Structures, Structure Heights,
Yards, Walls and Fencing

9.82 Sexually Oriented Businesses

9.84 Recreational Vehicle Parks

9.86 Performance Standards

9.88 Screening of Outdoor Storage and Trash
Enclosures

9.89 Outdoor Lighting Standards

9.90 Condominium Conversions

9.92 Time-Share Use or Occupancy of Land

9.94 Planned Unit Development

9.96 Special Provisions Applying to Miscellaneous
Problem Uses

9.98 Senior and Elderly Citizen Housing

9.100 Regulation of Animals

9.102 Transportation Demand Management

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Attachment: Attachment 2: Attachment A - Draft Title 9 (Planning and Zoning) (3394 : ZOA 22-002 GPA 18-002 GPA 20-001 - 2nd Reading)

9.104 Reasonable Accommodations for People with
Disabilities

9.106 Dedication of Land for Park and Recreational
Purposes and Payment of In-Lieu Fees

9.108 Cannabis Businesses

9.110 Extreme Body Modification Facilities

9.112 Prohibition of Attended and Unattended
Collection Donation Bins

9.114 Accessory Dwelling Units

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Attachment: Attachment 2: Attachment A - Draft Title 9 (Planning and Zoning) (3394 : ZOA 22-002 GPA 18-002 GPA 20-001 - 2nd Reading)

Division I. Introductory Provisions

Chapter 9.02

APPLICABILITY AND PURPOSE

Sections:

9.02.010 Purpose and intent.

9.02.020 Scope of regulations.

9.02.030 Official zoning map.

9.02.040 Boundaries of zoning districts.

9.02.050 Overlay districts.

9.02.060 Annexations and pre-zoning.

9.02.070 Form based principles.

9.02.080 General plan and zoning consistency.

9.02.010 Purpose and intent.

The Cathedral City development code pr ovides the framework for an organized, predictable and efficient development process. The develo pment code embodies the policie s and regulations necessary to implement the provisions of the general plan, specifically the land use element, and is intended to protect the public health, safety and general welfare of the residents and to provide ec onomic and social benefits from an orderly planned use of land resources. If properly applied, these regulations can:

A. Improve the quality of life, business climate and built environment of Cathedral City.

B. Preserve natural beauty, scenic vistas, cultural and historic resources, and other desirable features of the city.

C. Promote circulation patterns that are safe, convenient and effective for all modes of travel.

D. Introduce and support sustainable development, conserve energy and protect natural resources.

E. Result in neighborhoods th at are diverse and offer opportunities for all income levels and lifestyle options.

F. Remove barriers typically present for developers and those choosing to invest in the community. (Ord. 714 § 3, 2012)

9.02.020 Scope of regulations.

The provisions of the development code apply to all properties within the municipal boundaries of Cathedral City. The city should strive to follow all the code requirements contained in the develo pment code. However, on occasion with written authority from the city manager to waive or modify the provisions of the development code in regard to any real property, facilities and/or improvements owned by the city.

No building, or part thereof, shall hereafter be constructed, altered, or used, and n o parcel of land shall be further developed, except in conformity with the provisions of this title. Furthermore, these provisions apply to any changes in occupancy of a building.
(Ord. 714 § 3, 2012)

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Attachment: Attachment 2: Attachment A - Draft Title 9 (Planning and Zoning) (3394 : ZOA 22-002 GPA 18-002 GPA 20-001 - 2nd Reading)

9.02.030 Official zoning map.

The physical boundarie s of the various zoning distri cts indicate on the official zoning map of the city which is on file with the city clerk and is hereby a part of this title. The development code specifies the allowable uses in each zone including the more flexible form based provisions allowed in each district. (Ord. 714 § 3, 2012)

9.02.040 Boundaries of zoning districts.

The boundaries of each zoning district shall be established by ordinance adopted by the city cou ncil, following a recommendation from the planning commis sion, adopting or amending the official zoning map.

It is the intent to place zoning bound aries along identifiable geographic features such as property lines, streets, drainage channels, etc. Where uncertainty exists in relation to the bound aries of any zo ne shown upon the official zoning map or any part or unit thereof, the following rules shall apply:

A. Where boundaries are indicated that approx imately follow street and alley lines or lot lines, such lines shall be construed to be the zone boundaries.

B. When property is not part of an approved su bdivision map and a zone boundary divides a lot, the boundary, unless indicated by dimensions, shall be determined by scale.

C. Where a public street or alley is officially v acated or abandoned, the area comprisi ng the vacation shall acquire the underlying zoning classification.

D. Areas of dedicated streets or alleys and rai lroad rights-of-way, other than such as are de signated on the zoning map as being classified in one of the zones provided in this title, shal l be deemed to be unclassified and, in the case of streets, permitted to be used only for pu rposes lawfully a llowed in conjunction with the abutting property and, in the case of railroad rights -of-way, permitted to be used solely for the purpose of a ccommodating tracks, signals, other operative devices and the movement of rolling stocks.
(Ord. 714 § 3, 2012)

9.02.050 Overlay districts.

In addition to the zoning districts established by this title, the following overlay districts are e stablished which, when combined with a zoning district, establish additional special regulations which are discussed in Chapters 9.4850 through 9.56:

A. Overlay District S – Specific Plan;
AB. Overlay District H – Hillside Review;
BC. Overlay District LH – Limited Height;.

D. Overlay District P/IH – Institutional Housing;
(Ord. 714 § 3, 2012)

9.02.060 Annexations and pre-zoning.

Unincorporated territory or property adjacent to the city may be pre -zoned for the purpose of determining a zone which will apply to the property in the event of subsequent annexation. The procedure to establish a pre-zoning designation shall be the same as the process f or changing zoning districts on property within the city. Unless otherwise specified at the time of annexation, the pre -zoning desig nation shall become effective upon annexation.
(Ord. 714 § 3, 2012)

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Attachment: Attachment 2: Attachment A - Draft Title 9 (Planning and Zoning) (3394 : ZOA 22-002 GPA 18-002 GPA 20-001 - 2nd Reading)

9.02.070 Form based principles.

The development code includes form based principles intended to compliment traditional zo ning regulations while allowing the flexibility needed to proper ly develop property within an e xisting built environment. Because such a large po rtion of the community has already been dev eloped, a significant amount of future development will be infill projects or redevelopment of existing areas that are poorly developed or underdeveloped. Therefore, where appropriate, a strong emphasis will be placed on compatibility, consistency, scale, mass, circulation, safety and a harmonious built environment rather than strict adherence to a pre-established set of regulations that may not account for existing uses. (Ord. 714 § 3, 2012)

9.02.080 General plan and zoning consistency.

The zoning distr icts established by this title are intended to implement the land use element of the general plan and to establish consistency betwe en the land use element and routine land use dec isions. In order to determine this consistency, the following matrix is provided.

GENERAL PLAN LAND USE DESIGNATION
Zoning
District RE RL RR RM RMH RH4 BP CN CG DTC MU-N MU-U I P OS RE O
R1 O
R2 O O

RM O O O
R3 O O O
R4 O
RR O

PPO O O O O

PLC O O O O

PCC O

CTR O O O O
CBP-1 &
2 O O

NBP O O O

BP O

DRN O

MXC O

MU-U O

MU-N O
I-1 O

EH-LI O

OS O O O
OS-Res O O
(Ord. 746 § 2, 2014; Ord. 714 § 3, 2012)9.02.080

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Attachment: Attachment 2: Attachment A - Draft Title 9 (Planning and Zoning) (3394 : ZOA 22-002 GPA 18-002 GPA 20-001 - 2nd Reading)

Chapter 9.04

CONFLICTS AND CLARIFICATIONS

Sections:

9.04.010 General consistency and common conflict.

9.04.020 Clarification of ambiguity.

9.04.030 Application of more restrictive requirements.

9.04.040 Clarifications.

9.04.010 General consistency and common conflict.

The provisions of this title are not intended to interfere with or void any easements, covenants, or ot her existing agreements which are more restri ctive than the provisions of this title. When the pr ovisions of this title impose more restrictive regulations upon buildings or structures, or on the use of lands, or require larger open spaces, yards, or se tbacks or otherwise establish more restrictive reg ulations than are imposed or required by any other law, title, ordinance, code or regulation, the provisions of this title shall govern. (Ord. 714 § 4, 2012)

9.04.020 Clarification of ambiguity.

If ambiguity arises concerning the application of the provisions of this title it shall be the duty of the planning commission to ascertain all pertinent facts and by resolution of record set forth the findings and the interpretations.
(Ord. 714 § 4, 2012)

9.04.030 Application of more restrictive requirements.

Nothing in this title shall be deemed to affect, annul or abrogate any other ordinan ces pertaining or applicable to the properties and areas affected by this title. In the event that a conflict does arise, th e more restrictive requirement shall apply.
(Ord. 714 § 4, 2012)

9.04.040 Clarifications.

Any party seeking clarification of any provision of title, may submit the request to staff in writing. If the staff determination does not adequately clarify the provision, the subject party may seek further clarification from the planning commission. The decision of the planning commission may be appealed to the city council whose determination shall be final.
(Ord. 714 § 4, 2012)
Chapter 9.05

DEVELOPMENT AGREEMENTS

Sections:

9.05.005 Purpose and intent.

9.05.010 Authority and scope.

9.05.015 Application forms.

9.05.020 Filing and processing fees.

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Attachment: Attachment 2: Attachment A - Draft Title 9 (Planning and Zoning) (3394 : ZOA 22-002 GPA 18-002 GPA 20-001 - 2nd Reading)

9.05.025 Qualified applicant.

9.05.030 Filing of application.

9.05.035 Draft development agreement.

9.05.040 Review of application by the city planner.

9.05.045 Setting of public hearing before the planning commission.

9.05.050 Contents and manner of providing notice of public hearing.

9.05.055 Failure to receive notice.

9.05.060 Hearing and recommendation by the planning commission—Review criteria.

9.05.065 Hearing before the city council—Review criteria.

9.05.070 Approval of development agreement.

9.05.075 Amendment and cancellation.

9.05.080 Recordation.

9.05.085 Periodic review.

9.05.090 Changes in state or federal laws.

9.05.095 Modification or termination of procedures.

9.05.100 Form of agreement—Mandatory terms and conditions for development agreements.

9.05.005 Purpose and intent.

The purpose of this chapter is to establish pr ocedures and requirements for the co nsideration of development agreements which are intended to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development by eliminating uncertainty in planning for and secu ring orderly development of a project, assuring pr ogressive installation of necessary improvements, providing public services appropriate to each stage of development of a project, ensuring attainment of the maximum effe ctive utilization of resources within t he city at the least economic cost to its cit izens, and otherwise achieving the goals and pu rposes for which the development agreeme nt statue was enacted.
(Ord. 585 § 1, 2004)

9.05.010 Authority and scope.

This chapter is adopted pursuant to Article 11, Section 7 of the California Constitution and purs uant to Government Code Section 65864 et seq. All development agreements entered in to after the effective date of this chapter shall be processed in accordance with the provisions of this chapter. In perform ing his or her functions under this chapter, the city planner shall act under the direction of the city manager. (Ord. 585 § 1, 2004)

9.05.015 Application forms.

The city planner shall prescribe the form of each application, notice and documents provided for or required under this chapter for the prepar ation, processing and implementation of develo pment agreements.

The application shall include a fiscal impact statement on the proposed develo pment. The city planner may require an applicant for a development agreement to submit such information and supporting data as the city planner considers necessary to process the application, incl uding, without limitation, the names and mailing labels for all persons shown on the last equalized assessment roll as ownin g real property within three hundred feet of the property that is the subject of the development agreement. (Ord. 585 § 1, 2004)

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9.05.020 Filing and processing fees.

The city council shall establish and from time to time amend by resolution a schedule of fees imposed for the filing and processing of each application and document required by this chapter. (Ord. 585 § 1, 2004)

9.05.025 Qualified applicant.

An application for a development agreement may only be filed by a person who has a legal or e quitable interest in the real property for which a development agreement is sought or the authorized representative of such a person.
(Ord. 585 § 1, 2004)

9.05.030 Filing of application.

The city planner shall endorse on the applic ation the date it is received. The city planner shall review the application and may reject the applic ation if it is not completed in the manner required by this chapter. (Ord. 585 § 1, 2004)

9.05.035 Draft development agreement.

Each application shall be accompanied by the form of d evelopment agreement proposed by the applicant. Such form of development agreement shall contain the mandatory development agre ement terms and conditions required by Section 9.05.100 of this chapter. Failure to include such mandatory provisions shall result in the rejection of the application as incomplete. (Ord. 585 § 1, 2004)

9.05.040 Review of application by the city planner.

The application shall be reviewed by the city planner. After reviewing the application and any pertinent information and determining that the a pplication is complete, the city planner shall prepare a staff report to the planning commission. The staff report sh all analyze the proposed development agreement and provide a recommendation to the planning commission as to whether or not the pr oposed develo pment agreement should be approved, disapproved or approved with amendments. (Ord. 585 § 1, 2004)

9.05.045 Setting of public hearing before the planning commission.

Upon completion of the staff report required by Section 9.050.040 of this chapter, a public hearing shall be held by the planning commission in order to consider the proposed development agreement and t he director’s staff report. The city planner shall give notice of the public hearing and the planning commission’s intention to consider at the hearing reco mmending adoption of a proposed development agre ement to the city council. Such notice shall be provided in accordance with Section 9.05.050 of this chapter. (Ord. 585 § 1, 2004)

9.05.050 Contents and manner of providing notice of public hearing.

Except as provided in Section 9.05.095 of this chapter, notice of any public hearing required by this chapter shall include the following contents and shall be given in the following manner:

A. Contents of Notice. The notice shall contain:

1. The date, time and place of the public hearing;

2. The identity of the hearing body or officer;

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3. A general explanation of the matter to be co nsidered, including a general explanation of the development agreement and a general description of the property proposed to be developed;

4. Other information the city planner deems necessary or desirable.

B. Manner of Providing Notice.

1. Mailing or delivering the notice at least ten days prior to the hearing to the owner of the property that is the subject of the development agreement or to the owner’s duly authorized agent and to the project applicant.

2. Mailing or delivering the notice at least ten days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the property that is the subject of the development agreement, whose ability to prov ide those facilities and se rvices may be significantly affected by the development proposed in the agreement.

3. Mailing or delivering the notice at least ten days prior to the hearing to all owners of real property as shown on the last equalized a ssessment roll within three hundred feet of the property that is the subject of the development agreement. If the number of owners t o whom notice would be mailed or delivered pursuant to this paragraph or paragraph (1) of this su bsection (B) is greater than one th ousand, the city planner, in lieu of mailed or delivered n otice, may provide notice by placing a display advertis ement of at least one-eighth page in at least one newspaper of general circul ation within the city at least ten days prior to the hearing.

4. Posting the notice at least ten days prior to the hearing in at least three public places within the city, including one public place in the area of the property that is the subject of the development agreement.

5. Mailing the notice at least ten days prior to the hearing to any person who has filed a written request therefor with the city planner or city clerk.

6. Publication of the notice at least ten days prior to the hearing and at least once in a newspaper of general circulation published and circulated in the city. (Ord. 585 § 1, 2004)

9.05.055 Failure to receive notice.

Pursuant to Section 65093 of the Government Code, the failure of any person or entity to receive notice given in accordance with this chapter shall not affect the authority of the cit y to enter into a deve lopment agreement. (Ord. 585 § 1, 2004)

9.05.060 Hearing and recommendation by the planning commission—Review criteria.

The planning commission shall consider the proposed development agreement at the public hearing and make a recommendation thereon to the city council in the form of a written resolution and in the manner set forth in this section. The r ecommendation shall be to either disapprove, approve or approve the proposed development agreement with recommended amendments. The recommendation shall be forwarded to the city council within seventy days of the time specified for the public hea ring in the notice of public hearing.

The recommendation shall include whether or not the proposed development agreement:

A. Is consistent with the objectives, policies, ge neral land uses and programs specified in the general plan and any applicable specific plan;
B. Is compatible with the uses authorized in the zone in which the real property is located; C. Is in conformity with the public nece ssity, public convenience, general welfare, and good land use practices;
D. Will be detrimental to health, safety and the general welfare; E. Will adversely affect the orderly development of the property; F. Will have a positive fiscal impact on the city; and

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G. Contains the mandatory terms and co nditions set forth in Section 9.05.095 of this chapter. (Ord. 585 § 1, 2004)

9.05.065 Hearing before the city council—Review criteria.

A. After the recommendation of the pla nning commission or after the expiratio n of the time p eriod specified in Section 9.50.060 of this chapter for planning commission consider ation, the city planner shall give notice of a public hearing before the city council to co nsider the proposed development agreement. The notice shall be pro vided in the manner set forth in Section 9.05.050 of this cha pter.

After it completes the public hearing and considers the r ecommendation, if any, of the planning commission, the city council may approve, disapprove or approve with amendments the proposed development agreement. The city council may, but need not, refer the matters not previously considered by the planning commi ssion du ring its hearing back to the planning commission for report and recommendation. The planning commission shall hold a public hearing in accordance with this chapter on any matters referred back to it by the city council.

B. The development agreement may not be a pproved unless the city council finds that the development agreement:

1. Is consistent with the objectives, policies, g eneral land uses and programs specified in the general plan and any applicable specific plan;

2. Is compatible with the uses authorized in the zone in which the real property is located;

3. Is in conformity with the public necessity, public convenience, ge neral welfare and good land use practices;

4. Will not be detrimental to health, safety and the general welfare;

5. Will not adversely affect the orderly development of the property;

6. Will have a positive fiscal impact on the city; and

7. Contains the mandatory terms and cond itions set forth in Section 9.05.100 of this chapter. (Ord. 585 § 1, 2004)

9.05.070 Approval of development agreement.

The development agreement, if approved, shall be approved by the city council by the adoption of an ordinance. Upon the adoption of the ordinance, the city shall enter into the development agreement by the execution thereof by the city manager. (Ord. 585 § 1, 2004)

9.05.075 Amendment and cancellation.

A. Either the city or the applicant or su ccessor in interest ther eto authorized by the city may pr opose an amendment or cancellation in whole or in part of the development agreement.

B. The procedure for proposing and a pproving an amendment to or cancellation in whole or in part of the development agreement shall be the same as the procedures set forth in this chapter for entering into a development agreement.

C. Except as provided for in Se ction 9.05.095, the development agreement may only be amended or canceled in whole or in part by the mutual co nsent of all parties t o the development agreement. (Ord. 585 § 1, 2004)

9.05.080 Recordation.

No later than ten days after the city enters into the development agreement, the city clerk shall record with the county recorder a copy of the development agreement. (Ord. 585 § 1, 2004)

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9.05.085 Periodic review.

A. Pursuant to Section 65865.1 of the Gover nment Code, the city council shall hold a public hearing to review the development agreement at least every twelve months from the date the development agreement is entered into. T he purpose of this periodic r eview is to determine whether the applicant or authorized successor in interest thereto has com plied in good faith with the terms or conditions of the development agreement.

B. The city planner shall give notice of the public h earing in the manner specified in Se ction 9.05.050 of this chapter.

C. The applicant or any authorized successor in interest thereto shall demonstrate at the hearing good faith compliance with the terms of the development agreement.

D. If, as a result of s uch periodic review, the city council finds and determines, on the basis of substantial evidence, that the applicant or a uthorized successor in interest thereto has not complied in good faith with the terms or co nditions of the development agreement, the c ity council may commence proceedings to enforce, modify or terminate the development agreement pursuant to Section 9.05.095 of this chapter. (Ord. 585 § 1, 2004)

9.05.090 Changes in state or federal laws.

The city council, in its sole discretion, may hol d public hearings to determine whether modif ication or suspension of the development agreement is required because state or federal laws or regul ations, enacted after a development agreement has been entered into, prevent or preclude compliance with one or more provisions of the development agreement. If, as a r esult of such review, the city council finds and determines, on the basis of su bstantial evidence, that mod ification or suspension of the development agreement is so required, the city council may co mmence pr oceedings to modify or suspend the development agreement pursuant to Section 9.05.095 of this chapter. (Ord. 585 § 1, 2004)

9.05.095 Modification or termination of procedures.

A. If upon a finding under subsection (D) of Se ction 9.05.085 or 9.05.090 of this chapter, the city council determines to proceed with mod ification, suspension or termination of the d evelopment agreement, the city council shall hold a public hearing and give notice of such hearing in the following manner:

1. Contents of Notice. The notice shall contain:
a. The date, time and place of the public hearing;
b. The identity of the hearing body or officer;
c. A general explanation of the matter to be co nsidered, including a statement as to whether the city council proposes to enforce, modify, suspend or terminate the development agreement; d. Any proposed modification to the development agreement; e. Other information the city council deems necessary or desirable.

2. Manner of Providing Notice.
a. Mailing or delivering the notice at least ten days prior to the hearing to the owner of the property that is the subject of the development agreement or to the owner’s duly authorized agent, as to the project applicant.
b. Mailing or delivering the notice at least ten days prior to the hear ing to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or service s to the property that is the subject of the development agreement, whose ability to provide those facilities and se rvices may be significantly affected by the development proposed iIn the agreement.

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c. Mailing or delivering the notice at least ten days pr ior to the hearing to all owners of real property as shown on the last equalized a ssessment roll within three hundred feet of the pr operty that is the subject of the development agreement. If the number of owners to whom notice would be mailed or delivered pursuant to subsection (B)(1) is greater than one tho usand, the director, in lieu of mailed or deli vered notice, may provide notice by placing a display advertisement of at least one -eighth page in at least one newspaper of general circulation within the city at least ten days prior to the hearing. d. Posting the notice at least ten days prior to the hearing in at least three public p laces within the city, including one public place in the area of the property that is the subject of the development agreement. e. Mailing the notice at least ten days prior to the hearing to any person who has filed a written request therefor with the city planner or city clerk.
f. Publication of the notice at least ten days prior to the hearing and at least once in a newspaper of general circulation published and circulated in the city.

B. At the time set for the hearing, the city council may take such ac tion, as it deems necessary to protect the interests of the city. Any action to terminate, modify or suspend the development agreement shall be by ordinance and shall be based upon findings, supported by substantial evidence. (Ord. 585 § 1, 2004)

9.05.100 Form of agreement—Mandatory terms and conditions for development agreements.

No development agreement may be approved with out the following mandatory provisions set forth in the agreement, which provisions shall be consistent with the regulations set forth in this chapter:

A. The duration of the agreement;
B. The permitted uses of the property,
C. The density or intensity of use of the proposed property; D. The maximum height and size of proposed buildings on the property; E. Provisions, if applicable, for the reservation or dedication of land for public purposes; F. The legal description of the property that is the subject of the development agreement; G. A detailed description of the project that is the subject of the development agreement; H. All inform ation and documentation, including, without limitation, acknowledgments, required by the county recorder in order to record the document with the county recorder for the county of Riverside; I. Provisions governing the applicable rules, regulations and off icial policies that shall go vern the development of the project site;
J. Provisions governing amendments to the d evelopment agreement and any development permit to be obtained for the development contemplated under the development agreement; 9.05.100 K. Provisions governing the parties’ respective rights and duties in the event of any delay or default in performance under the development agreement or in the event of any cancellation or termination of the development agreement;
L. Provisions governing how any notice or communication required under the development agreement is to be transmitted by the parties;
M. The following exp ress provisions concerning city’s and the applicant’s respective rights and d uties under the development agreement:

1. Covenants Run With The Land. All of the terms, provisions, covenants and obligations contained in the development agreement shall be bind ing upon the parties and their respe ctive heirs, su ccessors and assigns, and all other persons or entities acquiring all or any po rtion of the subject property, or any interest therein, whether by operation of law or in any manner whatsoever, and the right s thereof shall inure to the benefit of such parties and their respective heirs, successors and assigns.

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2. No Damages Relief Agains t City. The parties a cknowledge that city would not have entered into the development agreement had it been exposed to da mage claims from developer for any breach thereof.

As such, the parties agree that in no event shall developer be entitled to recover damages against city for breach of the development agreement.

3. Developer Default. No building permit shall be issued or bui lding permit application a ccepted for any structure on the subject pro perty after developer is d etermined by city to be in default o f the terms and conditions of the development agreement, and until such default ther eafter is cured by the developer or is waived by city.

4. Waiver. All waivers of any rights, duties or obligations under the development agreement must be in writing to be effective or binding upon the wai ving party, and no waiver shall be implied from any omission by a party to take any action with respect to any event of default. Failure by a party to insist upon the strict pe rformance of any of the provisions of the d evelopment agreement by the other party shall not constitute waiver of such party’s right to demand strict compliance by such ot her party in the future. No express written waiver of any event of default shall affect any other event of default or cover any other period of time specified in such express waiver.

5. Developer’s Right to Assign or Transfer. D eveloper may not assign or t ransfer any of its rights or interests under the development agreement without the express written consent of city.

6. Applicable Law. The development agreement shall be construed and e nforced in accordance with the laws of the state of California.

7. Cooperation In The Event of Legal Challenge. In the event of any legal or equitable action or other proceeding instituted by any third p arty (including a governmental entity or official) cha llenging the validity of any provision of the development agreement or any potential su bsequent development approvals, should any be obtained, the parties hereby agree to cooperate in defending said act ion or proceeding.

8. Hold Harmless Agreement. Developer hereby agrees to, and shall defend, save and hold city and its elected and appointed boards, commi ssions, officers, agents and employees harmless from any and all claims, costs and liability fo r any damages, personal injury or death, which may arise, directly or indirectly, from deve loper’s or developer’s contractors’, s ubcontractors’, agents or employees’ operations under this development agreement, whether such o perations be by developer or by an y of developer’s contractors, subcontractors, agents or employees.

9. Indemnification. Developer shall defend, i ndemnify and hold harmless city and its agents, officers and employees against and from any and all liabilities, demands, claims, actions or pro ceedings and costs and expenses incidental thereto (including costs of defense, se ttlement and reasonable attorneys’ fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following: ( a) this d evelopment agreement; (b) the environmental impact report pr epared in connection with the adoption of the pr oject that is the subject of the development agreement; and (c) the proceedings undertaken in connection with the adoption or approval of any of the above.

10. Severability. If any term, provision, covenant o r condition of this develo pment agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the r emaining provisions of this development agreement shall continue in full force and effect, unless enforcement of this deve lopment agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this development agreement. (Ord. 585 § 1, 2004)

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Chapter 9.06

USE DETERMINATION

Sections:

9.06.010 Purpose and initiation.

9.06.020 Staff level review.

9.06.030 Investigation and notification.

9.06.040 Planning commission review.

9.06.050 Appeals.

9.06.010 Purpose and initiation.

In order to ensure that this title will permit compatible uses in each district , and recognizing that not every possible land use can be identified in this title and because new land uses evolve over time , the staff and/or the planning commission, upon its own initiative or upon written request, shall determine whether a use not specificall y listed as a permitted, accessory or temporary use in any district shall be deemed a permitted use or conditional use in on e or more districts. The determination shall be based upon the similarity to uses specifically listed in the zone or by means of the form based provisions of this title . The procedures of this chapter shall not be subst ituted for a zoning ordinance amendme nt procedure as a means of adding new uses to the list of permitted or conditional uses. (Ord. 714 § 5, 2012)

9.06.020 Staff level review.

Application for a determination shall be su bmitted to the community development planning department and include a detailed description of the proposed use and any other such information as may be r equired to facilitate the determination.
(Ord. 714 § 5, 2012)

9.06.030 Investigation and notification.

Staff will review and compare the proposed use characteristics with the gene ral plan goals and objectives as well as the purposes of the various land use ordinances and must find:

A. The proposed use must be compatible with surrounding uses and shall be of a similar or less intensive nature than uses being compared within the dist rict. Use characteristics to be evaluated shall include, but are not limited to: typical development requirements such as a ccess and parking demands, building enclosure and outdoor use, environmental impacts (i.e., noise, dust, odor, vibration, heat, glare, presence and handling of hazardous materials, etc.), nature of business (wholesale, retail, service, man ufacturing, etc.), construction type, and typical public service demands (water, sewer, fire protection, etc.).

B. The use in question meets the purpose and intent of the district in which it is proposed or the form based provisions of this title.

C. The use in question meets and conforms to the applicable goals and objectives of the general plan. (Ord. 714 § 5, 2012)

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9.06.040 Planning commission review.

A. Any determination on a proposed unlisted use may be referred to the planning commission as a public hearing item if the city planner determines on a case -by-case basis that the public interest would be better served by such referral.

B. Staff determinations may be appealed by the applicant to the planning commission by filing a written request along with the established city fee with the planning commission within ten (10) business days of the date of the staff determination. The planning commission shall consider the appeal as a If the applicant so desires a staff determination may be appealed to the planning co mmission su bject to payment of the established city fee as a non-public hearing itemfor their consideration.

C. The planning commission sha ll b ase t heir decision on the criteria in Section 9.06.030. The determination of the planning commission shall be effect ive ten calendar days after the date of decision unless appealed to the city council, by written appeal filed with the city clerk, whose decision shall be final. (Ord. 714 § 5, 2012)

9.06.050 Appeals.

Any applicant or aggrieved person may appeal any dete rmination of the planning commission for consideration by the city council in accordance with Section 2.04.100 of the muni cipal code. An y appeal must be submitted in writing within ten days of the decision of the planning commission and be accompanied by the payment of a fee as determined in the adopted fee schedule adopted by the city council. (Ord. 714 § 5, 2012)

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Chapter 9.08

DEFINITIONS

Sections:

9.08.010 Purpose and intent.

9.08.020 Definitions.

9.08.010 Purpose and intent.

A. For the purposes of this title, certain words and terms used herein are defined in this chapter.

B. When not inconsistent with the context, wor ds used in the present tense include the future tense; words in the singular number include the plural number and words in the plural number include the singular number. The ma sculine gender i ncludes the feminine and neuter genders. The word “shall” is alw ays mandatory and not merely directory. The word “may” is permissive. (Ord. 80 Art. III(A), 1984)

9.08.020 Definitions.
“Abandoned” means the discontinuance of a use for a period of at least ninety days, wherein the discontinuance includes such overt act s as the removal from the site and/or building(s) of equipment and/or personnel that are integral to the co nduct of the use, or the fa ilure to notify the city of plans to continue the same use of the property and the specific time frame for continuing with the use. “Accessory building” means a subordinate buil ding or a part of the main building on the same lot or building site, the use of which is incidental to that of the main building, and which is used exclusively by the occupants of the main building.
“Accessory use” m eans a use customarily i ncidental and accessory to the principal use of a lot or a building located upon the same lot or building site.
“Aggrieved persons” means either the applicant or the city. “Alley” means a public or private thoroughfare or way, permanently reserved and having a width of not more than twenty feet, which affords only a secondary means of access to abutting property. “Ancillary commercial” means incidental to and customarily associated with the specific princ ipal use that is located on the same lot or parcel.
“Animal clinic” means a place where animals or pets are given medical or surgical treatme nt and are cared for during the time of such treatment. Use as a kennel shall be limited to short -time boarding and shall be only incidental to such hospital use.
“Antenna” means any system of wires, poles, rods, reflecting dishes or similar devices, incl uding any support structure or improvements used for the transmission or reception of electromagnetic radiation waves which system is ex ternal to or attached to the exterior of any building. An antenna includes amateur radio antennas and satellite antennas.

Antenna, Commercial. “Commercial antenna” means any antenna used to receive and/or transmit radio or television signals that are an i ntegral and necessary component of a business requiring l icensing by the Public Utilities Commission.

Antenna, Noncomme rcial. “Noncommercial a ntenna” means any antenna used to receive and/or transmit signals within the amateur radio assigned frequencies, as d esignated by the Federal Communications Commission, or receive television signals from orbiting communications satel lites for nontransmission purposes.

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“Antique and import stores” means stores that either specializes in merchandise that is from a nother country or is antique in nature. Antique, for the pu rpose of this definition, shall mean resale goods, which are not readily available to the general public.
“Antique or specialty vehicle sales/service” means the sale and service of vehicl es, not limited by type, that are either rare in nature or are not readily available to the general public. Rare means not frequently encountered, scarce or unusual. Special features or superior quality shall characterize the vehicles referred to under this definition.
“Apartment” means a room or suite of two or more rooms in a multiple dwelling, occupied or sui table for occupancy as residence for one family.
“Apartment house” means a building or po rtion thereof designed for or occupied by two or more families living independently of each other.
“Attached units” means separate residential or commercial units sharing one or more common walls but with no common interior space.
“Auction” means the sale of new and used merchandise offered to bidders by an au ctioneer for money or other consideration.

Auto and Truck Sales, New. “New auto and truck sales” means a retail vehicle sales busines s that includes all of the following characteristics:

1. The business has a manufacturer licensed new car dealership franchise; and

2. The business has an on-site manufacturer’s certified service facility; and

3. The business that displays vehicles for sal e (not including motorcycles, motor scooters, or any similar two and three-wheeled vehicles), that can be operated without a special permit, on all public roads and highways in the state.
“Automobile body and collision shop” means a retail and service pla ce of business engaged in automobile body and collision repair, including auto body painting, with all work conducted wholly within a building.
“Automobile repair shop” means a retail and service place of business engaged primarily in aut omobile repair and sale of goods, excluding automobile body and collision service, and tire rebuilding, recapping and retreading, with all work conducted wholly within a building. “Automobile service station” means a retail and service place of business engaged in the ser vicing of motor vehicles, which may include sales and dispensing of motor fuels; oil change and lubric ation; battery charging and replac ement; sale and service of tires, mufflers or brakes; smog testing; sale of automobile goods in association with automobile repair; and car wash (with no steam equipment). “Automobile storage space” means a perm anently maintained space on th e same lot or building site as the use it is designed to serve, having an area of not less than one hundred sixty square feet with a m inimum width of eight feet for each stall and so located and arranged as to permit the sto rage of, and be readily accessible to, a passenger automobile under its own power. “Automobile wrecking” means the dismantling or wrecking of motor vehicles or trail ers, or the storage, sale or dumping of dismantled, partially disma ntled, obsolete or wrecked vehicles or their parts, out side of an enclosed building, but not including the incidental storage of vehicles in connection with the operation of a repair garage, providing the repair period of any one vehicle does not exceed sixty days, and not including the active noncommercial repair of one personal motor vehicle within one hundred twenty day period. “Basement” means a story partly underground and having at le ast one-half its height measured from its floor to its finished ceiling, below the average adjoining grade. A basement shall be counted as a story if the vertical distance from the average adjoining grade to its finished ceiling is over five feet.

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“Bed and breakfast” means a single-family dwelling with one family in permanent residence and where rooms without individual cooking facilities are rented for overnight lodging. This definition does not include hotels and motels, which are defined separately; nor the rental of an entire residence for one week or longer. “Bedroom” means, for purposes of determi ning required parking spaces, all ro oms other than a living room, kitchen, hall, pantry, closet or bat hroom meeting the minimum requirements of the building code for such a room.
“Boarding, rooming or lodging house” means a building where lodging and meals are provided for compensation for six but not more than fifteen persons, not including rest homes. “Building” means any structure that is co mpletely roofed and enclosed on all sides which is built and maintained for the support, shelter or enclosure of persons, animals, chattels, or property of any kind. “Building height” means the vertical distance measured from the level of the finished building pad grade covered by the building to the uppermost portion of the building, including roof structures. The height of a segmented building constructed on multipads and/or terraced buildings is the max imum height of any segment of the building.
“Building site” means the ground area of a buil ding or buildings together with all open spaces adj acent thereto, as required by this title.
“Building site coverage” means the area of the ground floor of any building as measured from the exterior faces of all walls enclosing any area.
“Building setback lines” means the distance between the proposed building line and the hig hway line, the permanent access easement located on the same lot, the lot line or the property line.

Building, Main. “Main building” means a buil ding in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling shall b e deemed to be the main building on the lot on which the same is situated.
“Business or commerce” means the purchase, sale, or other transaction involving the handling or disposition of any article, substance, or commodity for profit or livelihood, or the ownership or management of office buildings, office, recreational or amusement enterprises, or the maintenance and use of offices by professions and trades rendering services.
“Cannabis business” means any person e ngaged in commercial cannabis activity a s defined in California Business and Professions Code Section 26001. “Cannabis Cultivation site” has the same meaning as that term is defined by Section 26001 of the California Business and Professions Code.
“Cannabis Dispensary” means a cannabis busines s that engages in the r etail sale and delivery of cannabis or cannabis products to customers. A dispensary, as that term is used in th is title, is a “retailer” under the Medicinal and Adult -Use Cannabis Regulation and Safety Act (California Business and Professions Code Section 26000 et seq.)
“Cannabis Distribution site” means a facility where ca nnabis and cannabis products are stored o r inspected by a licensed cannabis distributor for the purposes of distribution and transportation between licensed cannabis businesses.
“Cannabis Testing laboratory” has the same meaning as that term is defined by Section 26001 of the California Business and Professions Code.
“Carport” means a permanent roofed accessory structure with not more than two enclosed sides used or intended to be used for automobile storage for the occupants of the premises. “Carwash” means a lot or portion of a lot used for t he washing, cleaning, waxing, detailing of m otor vehicles, including functions similar to vehicle cleaning. The various types of carwashes are:

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Attachment: Attachment 2: Attachment A - Draft Title 9 (Planning and Zoning) (3394 : ZOA 22-002 GPA 18-002 GPA 20-001 - 2nd Reading)

1. Carwash, Coin Operated—Manual. A carwash wherein operating functions are performed manually by the patron, in cluding spraying of water, brushing, drying, vacuuming, with no patron assi stance by an owner-operator.

2. Carwash, Self-Serve. A carwas h wherein operating functions are performed by automated equipment, including spraying of water, brus hing and drying, wi th limited or no assistance by an operator -owner, wherein the vehicle o perator remains inside the vehicle during the washi ng function, r equiring no manual labor.

3. Carwash, Full Service. A carwash wherein operating functions are performed entirely by an o perator- owner with the use of washing, waxing, drying equipment supplemented with manual d etail by the operator-owner.
“Church” means a permanently located buil ding commonly used for religious worship, fully enclosed with walls (including windows and door s), having a roof (canvas or fabric excluded) and conforming to applicable legal requirements affecting design and construction. “City” means the city of Cathedral City, California.
“Clinic” means a place used for the care, dia gnosis and treatment of sic k, ailing, infirm and i njured persons and those who are in need of medical or su rgical attention, but who are not provided with board or room, nor kept overnight on the premises.
“Club” means a nonprofit association for persons who are bona fide members, paying regular dues, and are organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise. “Commission” means the Cathedral City planning commission. “Compensation” means anything of value.
“Compost” means the product resulting from composting of plant debris for use in, or as, fertilizer or mulch.
“Composting” means the process of converting plant debris for use as fertilizer or mulch. “Composting facil ity” means a place where composting activities are conducted and where a plant debris is accepted by donation, purchase, or after payment of a fee for the purpose of composting. “Composting transfer station” means a place for the acceptance by donation, redemption, or purchase of plant debris for transfer to an off-site facility for composting. “Condo hotel” means a non -residential structure operated as a hotel, and with individual owne rship of each room or suite of rooms. Suites may have portions that “lock-off” for rental purposes. Lock-offs shall be counted as separate units for parking pu rposes but shall be considered as part of the p rimary un it for intensity calculations.
“Condominium” means an estate in real pro perty consisting of an undivided inter est in common with other similar estate in a portion of a parcel of real property together with a separate interest in spa ce in a residential, industrial or commercial building on such real property such as an apar tment, office or store. A condominium may include, in addition, a separate interest in other portions of such real property. “Condominium project” means a common i nterest develo pment con sisting of condominiums. A condominium consists of an undivided interest in co mmon in a portion of real propert y coupled with a separate interest in space called a unit. The area within this unit may be filled with air, earth, or water, or any combination thereof, and need not be physically a ttached to land except by easements for access and, if necessary, support. An individual condominium within a condominium project may include, in addition, a separate interest in other po rtions of the real prop erty. A c ondominium project is further defined in subsection (f) of Section 1351 of the State Civil Code.

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Attachment: Attachment 2: Attachment A - Draft Title 9 (Planning and Zoning) (3394 : ZOA 22-002 GPA 18-002 GPA 20-001 - 2nd Reading)

“Convenience store” means a retail store that carries a range of merchandise oriented to conve nience and travelers’ shopping needs, typically in smaller sizes than offered by a grocery store. Co nvenience stores may be part of a service station or an independent facility. “Cultivation site” has the same meaning as that term is defined by Section 26001 of the Cal ifornia Business and Professions Code.
“Day-care center” has the same meaning as that term is defined by Section 1596.76 of the Cal ifornia Health and Safety Code.
“Destroyed” means a structure or any other property improvement which is damaged or pa rtially destroyed by fire, flood, wind, earthquake or other calamity of nature, act of God, accident or intentional act, to the extent that the cost of repai ring, reconstructing or restoring the structure or i mprovement is greater than fifty percent of the cost of replacing the entirety of the building. The term “cost of replacing” as used in this definition means the costs as computed by the city planner or delegated representative. In making said computation, said city official shall use those tables and figures provided in that publica tion entitled “Building Standards” as published by the International Co nference of Building Officials, and which issue is current at t he time of such computations. Said t ables and figures shall apply to a building which would conform to all the city and state regulations which are effective at the time of computation. “Dispensary” means a cannabis business that engages in the retail sal e and delivery of cannabis or cannabis products to customers. A dispensary, as that term is used in this title, is a “reta iler” under th e Medicinal and Adult -Use Cannabis Regulation and Safety Act (California Business and Profe ssions Code Section 26000 et seq.)
“Disposal service operations” means areas for the storage and maintenance of vehicles and equipment used in the col lection, transportation, and removal of trash, garbage and rubbish not i ncluding storage or dumping of trash, garbage or rubbish.
“Distribution site” means a facility where ca nnabis and cannabis products are stored or inspected by a licensed cannabis dist ributor for th e purposes of distribution and transportation between licensed cannabis businesses.
“Diversion facilities” means facili ties d evoted to composting, recycling or transfer of waste and/or recyclable materials such that some portion of the sourc e material is diverted from landfill di sposal. Such facilities shall include, but are not limited to, composting facil ities, composting transfer stations, zero waste facilities, recycling centers, recycling collection facil ities (small), recycling collecti on facilities (large), waste and recycling transfer stations.
“Division of land” means any land division as provided for pursuant to Cathedral City ordinances relating to subdivisions.
“Dog kennels” means any lot or premises on which five or more dogs ov er four months of age are kept or maintained for any purpose or reason.

1. “Commercial dog kennels” means any building, structure, enclosure, or premises whereupon, or within which, five or more dogs are kept or maintained primarily for financial profit fo r the purpose of boarding, breeding, training, marketing, hire or any other similar purpose.

2. “Noncommercial dog kennels” means any building, structure, enclosure, or premises wher eupon, or within which, five or more dogs over four months of age are kept or maintained, but not primarily for financial profit.
“Drive-thru facility” means a drive -up, drive-to or drive-thru window in a bu ilding for the convenience of a person in a vehicle to transact bus iness, and includes the aisles and/or lanes for que uing including the space necessary for a vehicle to locate in order for the driver to utilize the drive -up, drive-to or drive -thru window.

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Attachment: Attachment 2: Attachment A - Draft Title 9 (Planning and Zoning) (3394 : ZOA 22-002 GPA 18-002 GPA 20-001 - 2nd Reading)

“Dry cleaning agency” means a commercial use wherein the cleaning of clothes is incidental to a laundry or cleaning pick up establishment, a launderette, or a coin -operated dry cleaning service, and where nonvolatile materials are used in the process.
“Dwelling” means a building or portion thereof designed for, or occupied exclusively for, reside ntial purposes, including one-family, two-family, and multiple dwellings, but not including hotels, motels, condo hotels, timeshares or bed and breakfasts.

Dwelling, Guest. “Guest dwelling” means li ving quarters within an accessory building for use exclusively by temporary, nonpayin g guests of th e re sident family, such quarters having no cooking or plumbing facilities other than plumbing facilities for a bathroom.

Dwelling, Multiple -Family. “Multiple -family dwelling” means a building or buildings designed and used for occ upancy by t hree or more f amilies, all living indepen dently of each other and having separate kitchen and toilet facilities for each family.

Dwelling, One -Family. “One-family dwelling” means a detached building designed primarily for the use of a single family, no portion of which is rented or to be rented separately.

Dwelling, Second Unit or Accessory Dwelling Unit (ADU). “Second unit dwel ling” or “accessory dwelling unit” means a dwelling that meets the restrictions and requirements of Section 65852.2 of the Ca li- fornia Government Code, which includes a max imum area of one thousand two hundred square feet for a detached second dwelling, or thirty percent of the existing living area for an a ttached second dwelling. Ac- cessory dwelling units shall be allowed by-right in zones that allow for one-family or multiple-family dwell- ings. Also see Chapter 9.114.

Dwelling, Junior Accessory Dwelling Unit or JA DU. "Junior Accessory Dwelling Unit" or "Junior Accessory Dwelling" means a residential unit that is not more than five hundred (500) sq uare feet in size, and contained entirely within an existing or proposed one-family dwelling and meets all of the requirements of Section 65852.2 of the Cal ifornia Government Code. A Junior Accessory Dwelling Unit may include separate sanitation facilities , or may share sanitation facilities with the existing or proposed one-family dwelling. Also see Chapter 9.114.

Dwelling, Two -Family. “Two -family dwel ling” means a building under one roof designed to be occupied exclusively by two families, living indepen dently of each other and having separate kitchen and toilet facilities for each family.
“Dwelling unit” means one or mo re rooms t ogether with a single kitchen in a single -family dwelling, apartment house or hotel designed as a unit for occupancy by one family for living and sleeping purposes. “Educational institutions” means schools, colleges, or universities, supported wholly or in part by public funds, and other schools, colleges and universities giving general instructions, as dete rmined by the California State Board of Education.
“Elderly housing developments” means a pr ofessionally managed housing complex consisting of a group of dwelling units and supporting common facilities designed and operated exclusively for the housing of elderly citizens and their spouses.
“Emergency homeless shelter” has the same meaning as “emergency shelter” as defined in su bdivision (e) o f Section 50 801 of the California Health and Safety Code, as may be amended from time to time.

Emergency shelters are allowed subject to specific standards regarding security, lighting, parking, and operation in accordance with California Government Code Section 65583 (a) (4). “Employee Housing,” pursuant to California Health and Safety Code, § 17000 et seq., is defined as privately-owned housing that provides l iving quarters in connection with any work, whether or not the payment of rent is involved. Empl oyee housing shall be allowed by -right if for 6 or fewer residents ; 7 or more residents will be permitted consistent with similar dwelling types of the same size in the same zone.

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Attachment: Attachment 2: Attachment A - Draft Title 9 (Planning and Zoning) (3394 : ZOA 22-002 GPA 18-002 GPA 20-001 - 2nd Reading)

“Erected” means and includes built, built upon, added to, altered, construc ted, reconstructed, moved upon or any physical operations on the land, required for a building. “Family” means an individual or two or more persons related by blood or marriage, or a group of not more than five persons , excluding servants, who are not rel ated by blood or marriage, living together as a single housekeeping unit in a dwelling unit.
“Family day care home” means a home which regularly provides care, protection, and supervision of twelve or fewer children, in the provider’s own home, for period s of less than twenty -four hours per day, while the parents or guardians are away, and includes the following:

1. “Large family day care home” me ans a home which provides family day care to seven to tw elve children, inclusive, including children who reside at the home, as defined in regulations.

2. “Small family day care home” means a home which provides family day care to six or fewer chi ldren, including children who reside at the home, as defined in regulations. “Fast-food restaurant” means any commercia l establishment serving food or drinks, making pr ovision encouraging consumption of food or beverages at home or on other premises. “Fence” means any structure or device for ming a physical barrier whi ch is so constructed that the vertical surface prevents passage through said surface in a horizontal plane. Where a solid fence is specified, one hundred percent of the vertical surface facing the yard being enclosed shall be solid, except for approved gates or other access ways. Where a masonry fence is speci fied, said fence shall be concrete block, brick, stone, or other masonry material, including wood frame with stucco finish.

Where an open fence is specified, at least seventy-five (75) percent of that portion which is above three feet in height shall consist of openings that provide visibility and allow the passage of light and air. All other fences and walls are considered solid . at least fifty percent of the vertical sur face is to be open. Open fencing shall include wrought iron, chain link and other open materials, but could include wood or m asonry vertical features.
“Game arcade” means any place of business to which the public is admi tted wherein six or more game machines are maintained.
“Game machine” means any machine, device or apparatus which is used as a game or contest of any description or for amusement, or which may be used for any such game or contest or for amus ement and the operation or use of which is permi tted, controlled, or made possible by the deposit or pl acing of any coin, plate, disc, slug, or key into any slot, crevice or other opening, or by the pa yment of any fee or fees in lieu thereof, except a machine, device o r apparatus used or offered for use , by children for rides, or as a hobby horse or for the viewing of miniature cartoons or “kiddie theater” films in establishments or areas reserved for the use of children under the age of fou rteen years and their parents or guardians or by any pe rson for playing or rendering music or as a test of strength or endurance.

Garage, Private. “Private garage” means an a ccessory building or a main building or portion thereof, used for the shelter or storage of self -propelled vehicles or other goods, owned or operated by the occupants of a main building and wherein there is no service or storage for compensation.

Garage, Public. “Public garage” means any building, other than a private garage, used for the storage, care or repair of motor vehicles and where any suc h vehicles are equipped for operation or kept for hire or sale.
“General plan” means the general plan for the city, consisting of the general plan map and report as adopted by the city council.
“Grocery store” means an establishment primarily engaged in retailing a general line of food pro ducts such as canned and frozen food, fresh fruits and vegetables, and fresh and prepared meats, fish and poultry, including specialty food stores except convenience stores.

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Attachment: Attachment 2: Attachment A - Draft Title 9 (Planning and Zoning) (3394 : ZOA 22-002 GPA 18-002 GPA 20-001 - 2nd Reading)

“Gross are a” means the horizontal area within the lot lines of a lot or parcel of land before public streets, before easements or other areas to be dedicated or reserved for public use are deducted from such lot or parcel.
“Group Home” is a home where a small numbe r of unrelated people in need of ca re, support, or super- vision can live together, such as those who are elderly or mentally ill. Group homes shall be allowed by - right if for 6 or fewer residents, 7 or more residents will be permitted consistent with simila r dwelling types of the same size in the same zone.
“Halfway house” means a rehabilitatio n center for the treatment, counseling, rooming and boar ding of persons released from jail, prisons, hospitals and sanitariums. “Home occupation” means those uses that are customarily conducted in a residence, provided such uses must be incidental and secondary to the principal use of a dwelling as a residence. “Hospital” means an institution for the diagn osis, care, and treatment of human illnesses other than mental or alcoholic illnesses.
“Hotel” means a building or group of buil dings designed for or o ccupied as a temporary living unit where dining and assembly is available.

Hotel, Resort. “Resort hotel” means a hotel, i ncluding all accessory buildings as defined in this section and having a build ing site or hotel grounds co ntaining not less than fifty thousand square feet. Such hotel may have accessory commercial uses operated primarily for the convenience of the guests thereof, provided there is no street entrance directly to such commercial uses, and further provided such commercial uses shall not occupy more than twenty percent of the ground floor area of such hotel building. “Junk, wrecking, dismantling and salvage yards” means the use of two hundred or more s quare feet of any lot or parcel of land for outsid e storage, wrecking, dismantling or salv age of any used or secon dhand materials, including, but not limited to, lumber, auto parts, household appliances, pipe, drums, machinery or furniture. A proposed or intended use by the owner of the us ed or secondhand materials does not constitute an exception to this definition. The outside storage of used or se condhand materials in an area less than two hundred square feet is permitted only on the rear half of a lot or parcel. “Kitchen” means any roo m in a building or dwelling unit which is used for cooki ng or prepar ation of food.
“Landscaping” means the planting of suitable plant materials or a combination of plant materials with minimum areas of paving, gravel, or otherwise dust-free materials including an adequate irrigation system. “Launderette” mean s a business premises equipped with individual clothes washing and dr ying machines either coin -operated or attendant o perated for the use of retail customers, exclusi ve of lau ndry facilities provided as an accessory use in an apartment house or apartment hotel. “Laundry” means a building where clothing and fabrics are commercially washed, other than a launderette. A laundry is deemed to be an industrial use. “Line of sight” means a visual path emanat ing from an average eye level. Such level is five feet a bove the ground level.
“Live/work unit” means an integrated housing unit and working space, in which the living qua rters are the primary use and the work component is secondary. The unit is occupied by a single housekeeping unit in a structure that has be en designed or structurally modified to accommodate joint res idential occupancy and work activity.
“Loading space” means an off-street space or berth on the same lot with a main building, or contiguous to a group of buildings, for the temporary parking of a group of commercial vehicles, while loading or unloading, and which has access from a street, alley, or other permanent means of ingress or egress.

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Attachment: Attachment 2: Attachment A - Draft Title 9 (Planning and Zoning) (3394 : ZOA 22-002 GPA 18-002 GPA 20-001 - 2nd Reading)

“Local street” means a low-speed, low -volume highway primarily for access to residential, bus iness, and other abutting property. A local street has parking and a significant amount of parallel and perpendicular pedestrian traffic.
“Lodging facility” means any facility having a room, rooms or a segment of a building allotted for periodic use or occupancy per iods, usually not e xceeding thirty days, as in a hotel, motel, condo h otel, bed and breakfast or timeshare.
“Lot” means any numbered or lettered parcel shown on a re corded tr act map, a record of surv ey recorded pursuant to an approved division of land, or a parcel map.

Lot, Corner. “Corner lot” means a lot located at the intersection or interception of two or more streets at an angle of not more than one hundred thir ty-five degrees, which lot shall b e considered a corner lot. If greater than one hundred thirty-five degrees, the lot shall be considered an exterior lot.

Lot, Flag. “Flag lot” means a lot so shaped and designed that the main building site area is set bac k from the street on which it fron ts and includes an access strip not less than twenty fee t in width at any point connecting the main building site area to the frontage street. The area within the access strip shall not be considered in calculating the are a of the lot. For purposes of setb ack calculations, the front yard of the lot shall be the narrowest property line dimension nearest the access drive.

Lot, Interior. “Interior lot” means a lot other than a corner or reverse corner lot.

Lot, Key. “Key lot” means the first lot to the rear of a reverse corner lot and not separated by an alley.

Lot, Reverse Corner. “Reverse corner lot” means a corner lot, the side line of which is su bstantially a continuation of the front lot lines of the lot to its rear, whether across an alley or not.

Lot, Through. “Through lot” means a lot ha ving frontage on two dedicated parallel or approx imately parallel streets.
“Lot depth” means the average horizontal di stance between the front and rear lot lines measured in the mean direction of the side lot lines.
“Lot line” means any line bounding a lot as d efined in this section. “Property line” means the same as “lot line.”
Lot Line, Front. “Front lot line,” means, on an interior lot, the property line abutting the street. On a corner or reverse corner lot, the front lot line is the shorter property line abutting a street, except in those cases where the subdivision or parcel map specified another line as the front lot line. On a through lot or a lot with three or more sides abu tting a street or a co rner or reverse corner lot with lot lines of equal length, the city planner shall determine which property line shall be the front lot line for the purposes of compliance with yard and setback provisions of this title. On a private st reet or e asement, the front lot li ne shall be designed as the edge of the easement.

Lot Line, Interior. “Interior lot line” means a lot line not abutting a street.

Lot Line, Rear. “Rear lot line” means a lot line not abutting a street, which is opposite and most distant from the front lo t line; in the case of an i rregularly shaped lot, a line within the lot, having a length of not less than ten feet. A lot which is bounded on all sides by streets may have no rear lot lines.

Lot Line, Side. “Side lot line” means any lot line not a front lot line or rear lot line. “Lot width” means the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. “Low Barrier Navigation Ce nter” means a Housing First, low -barrier, service-enriched shelter focused on helping individuals into permanent housing accommodations as defined in Section 65660 (a) of the Cali- fornia Government Code, and which provides temporary living facilities while case managers connect indi- viduals experiencing homelessness to jobs, public benefits, health services, shelter, and housing. Low barrier navigation centers shall be allowed in nonresidential and multifamily residential zones.

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Attachment: Attachment 2: Attachment A - Draft Title 9 (Planning and Zoning) (3394 : ZOA 22-002 GPA 18-002 GPA 20-001 - 2nd Reading)

“Manufactured home” refers to a factory-built home that can be placed on a piece of land. These homes are permitted on lots zoned for one-family dwellings and are subject to the same development standards as one-family dwellings, with the exception of architectural r equirements for roof overhangs; roofing material; and siding material (Gov. Code, § 65852.3, subd. (a)). Ho wever, any architectural requirements for roofing and siding material shall not exceed those which would be required of conventional one-family dwellings constructed on the same lot (Gov. Code, § 65852.3, subd. (a)).

“Manufacturing site” means a premises where a licensed cannabis manufacturer engages in the manufacture of cannabis products.
“Mobile home park” means an area or tract of land wh ere two or more mobile h ome lots are rented or leased or held out for rent or lease to a ccommodate manufactured homes or mobile homes used for human habitation. The rental paid for any such home shall be deemed to include rental for the lot it occupies. Th is definition will be deemed to include any revisions incorporated into Section 18214 of the California Health and Safety Code.

Notwithstanding the foregoing definition, any person, not including a mobile home park operator, who owns a mobile home and owns, rents or leases the land upon which the mobile home is located, is permitted to rent, lease, sublease, let out, or hire out for occ upancy the mobile home and the land upon which the mobile home is located, without obtaining a permit to construct or operate a mobile home park. “Model home” means a dwelling or residential building having all of the following characteristics:

1. The dwelling is constructed upon a proposed lot previously designated as a model home site in a subdivision for which there is an approved tentative map, and for which a final map has not been recorded.

2. The dwelling is intended to be tempor arily utilized as an example of the dwellings which have been built or which are proposed to be built in the same subdivision. “Motel” means a building or group of b uildings designed for or occupied as a temporary living unit of individuals who are lodged without meals, and in which no provision is made for cooking in any ind ividual room.
“Motor vehicle” means a self-propelled device used or intended to be used for the transportation of freight or passengers upon a street or highway, excepting a device moved by human power or a device used exclusively upon stationary rails or tracks.

Movie Theaters, First -Run. “First-run movie theaters” means movie theaters which pre dominately run movies released within sixty days.
“Net area” means the total horizontal a rea within the property lines of a lot or parcel of land exclusive of all rights-of-way and all easements that physically prohibit the surface use of a portion of the property. “Nonconforming building” means a building which was legal when established, bu t which b ecause of the adoption or amendment of this title conflicts with the provisions of this title applicable to the di strict in which such building is situated.
“Nonconforming improvement” means an i mprovement to a property which was legal when established, but which because of the adoption or amendment of this title conflicts with any prov isions of this title.
“Nonconforming structure” means a structure, as def ined by the Uniform Building Code and i ncluding buildings, which was legal when esta blished, but which because of the adoption or amendment of this title conflicts with any provisions of this title.

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Attachment: Attachment 2: Attachment A - Draft Title 9 (Planning and Zoning) (3394 : ZOA 22-002 GPA 18-002 GPA 20-001 - 2nd Reading)

“Nonconforming use” means the use of a building or land which was legal when established, but which does not conform to subsequently esta blished zoning or any zoning regulation, and which conflicts with the provisions of this title applicable to the district in which such use is located.

Occupancy, Change of. “Change of occupancy” means a discontinuance of an existing bus iness type or use and substitution thereof of a business type or use of a different kind or class. “Occupational activities” means those uses that are customarily condu cted in a residence as o ffice, or artist studio work activities, where cu stomers can have direct access to the res idence, provided such uses must be incidental and secondary to the principal use of a dwelling as a residence. “Occupational” means and inclu des: used, a rranged, con verted to , rented, leased, or intended to be occupied.
“Open-air kiosk” means a small str ucture that is open to the elements on one or more sides. Open -air kiosks may be used to retail goods such as newspapers, fruits and vegetables, jewelry or flowers. “Open spa ce” means any part of a lot or pr oject, as defined in this section, unobstructed from the ground upward.
“Outdoor advertising” means any notice or advertisement, pictorial or otherwise, and all such structures used as an o utdoor display, regardle ss of siz e or shape, for the purposes of advertising pro perty or any establishment or enterprise, including goods and services, which are not located on the same property as said advertising structure.
“Outdoor advertising display” means any outdoor advertising structure or outdoor advertising sign used for advertising purposes, that advertise products or services that are not produced, stored, or sold on the property upon which the sign is l ocated. An ou tdoor advertising display ma y be commonly known or referred to as an “off-site” or an “off-premises” billboard. “Outdoor advertising structur e or billboard” means any structure of any kind or character erected or maintained for outdoor advertising pu rposes, upon which any poster, bi ll, printing, pain ting o r o ther advertisement of any kind whatsoever may be placed, including statuary, for advertising purposes. “Outdoor advertising structure or billboard” shall not include (1) official notices issued by any court or public body or officer; (2) notices posted by any public officer in performance of a public duty or by any person in gi ving legal not ice; (3) directional, warning or inform ation structures required by or authorized by law or by federal, state or county authority; or (4) a st ructure erected near the city’s b oundary, which contains the name of the city of Cathedral City and the names of, or any information regarding, civic, fraternal or religious organizations located therein.
“Park trailer,” as defined in subsection (b) of Section 18010 of the California Health and Safety Code, is a unit designed for human habitation for re creational or seasonal use only, which meets all of the following criteria:

1. It contains four hundred square feet or less of gross floor area measured at the maximum horizontal projections. However, it may not exceed twelve feet in width or forty feet in length when in place;

2. It is built on a single chassis;

3. It may only be transported upon the public highways with a permit;

4. It is constructed in accordance with Standard No. A119.5 of the American National Standards Institute, as it may be changed by the regulat ions of the State Department of Hou sing and Community Development.

Parking Area, Covered. “Covered parking area” means any garage, carport, p arking structure, par king basement, or accessory building used for the parking of any vehicle.

Parking Area, Publ ic. “Public parking area” means an open area, other than a public Street or pr ivate parking area, used for the parking of five or more automobiles.

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Attachment: Attachment 2: Attachment A - Draft Title 9 (Planning and Zoning) (3394 : ZOA 22-002 GPA 18-002 GPA 20-001 - 2nd Reading)

Parking Area, Residential. “Residential parking area” means an area on a lot designed for the parking of vehicles owned by the residents of the lot.
“Person” means and includes association, company, firm, corporation, partnership, copartne rship or joint venture.
“Person with disability” means any person who has a physical or mental impairment that li mits one or more major life activities; anyone who is r egarded as having such impairment; or anyone who has a record of such impairment or otherwise qu alifies as disabled or h andicapped under the Fair Housing Amendments Act of 1988 or the Califo rnia Fair Employment and Housing Act. Includes the plural, “people with disabilities.”
“Place of public assembly” means any place d esigned for or used for congre gation or gathering of twenty or more persons in one room where such gat hering is of a public nature; assembly hal l, church, auditorium, recreational hall, pavilion, place of amusement, dance hall, opera house, m otion picture theater, outdoor theater or other theater, are included within this term. “Planned commercial development” means a development that may be permitted to have reduced width, depth and building setback requir ements, and have common access and common parking, provided a planned development land division is approved pursuant to the provisions of this title. “Planned industrial development” means a development that may be permitted to have reduced lot area, width, depth and building setback requirements, and have common access and co mmon parking, provided a planned development land division is approved pursuant to the provisions of this title. “Planned residential development” means a res idential development including, but not limited to, statutory and nonstatutory condominiums, clu ster housing, townhouses and com munity apartments, that is permitted reduced lot area, width and depth requirements and bu ilding setback requirements, by integrating into the overall development open space and outdoor recreational facilities, and which may include recreation and public assembly buildings intended primarily for the use of residents of the project, within the development.
“Planned unit development” (PUD) means a project improved in accordance with a comprehe nsive development plan in which owners of separately owned lots are owners in common, possessing appurtenant rights to the beneficial use and e njoyment of t he commonly owned property, further defined as a planned development in subsection (k) of Section 1351 of the State Civil Code. “Private recr eation facility” means a facility specifically designed for outdoor active recre ational purposes, such as golf, te nnis, fields and courts for ball sports, equestrians, polo, etc. Not included are commercial recreation facilities such as miniature golf, batting cages, skating rinks, etc. Further not included are residential recreation facilities such as swimming pools, basketball hoops, etc. “Property line” means the same as “lot line” and means any line bounding a lot as defined in this section.
“Public utilities service yard” means an area for the storage of public utility vehicles and mater ials and office facilities for the installation, maintenance and construction personnel. “Public service facility” means any utility -related facility or installation by any public entity, in cluding special districts, to the extent allowed by Government Code Section 53091. “Recreational facilities” means activities i nclude sports performed indoors which require a facility for conducting the recreational activity, such as health clubs, exercis e s tudios or classes, swimming centers, skating rinks, bowling alleys, or raquetclub courts.
“Recreational vehicle” means, as defined by Se ction 18010 of the California Health and Safety Code, a motor home, travel trailer, truck ca mper, or camping trailer , w ith or without motive power, d esigned for human habitation for recreational or emergency occupancy, which meets all of the following criteria:

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1. It contains less than three hundred twenty square feet of internal living room area , excluding built-in equipment, including, but not limited to, war drobe, closets, cabinets, kitchen units or fixtu res, and bath or toilet rooms;

2. It shall not exceed eight feet in width as mea sured at maximum horizontal projections, with the exception of one slide-out not exceeding twenty square feet in area;

3. It is built on a single chassis;

4. It is either self-propelled, truck-mounted, or permanently towable on the highways without a permit;

5. It is constructed in accordance with Standard No. A119.2 of the American National Standards Institute, as may be changed by the reg ulations of the State Department of Hou sing and Community Development.

For the purposes of this definition, the term “park trailer” as contained in the state definitions is specifically omitted.
“Recreational vehicle campground” means an area or tract of land or portion of a recreational v ehicle park where one or more campsites are rented to visitors or tourists who will reside at the cam pground in recreational vehicles (not includ ing park trailers), or t ents. A t ent for the purpose of this definition is any enclosed shelter fabricated entirely or in major part of cloth, canvas, or similar flexible material. “Recreational vehicle lot” means that part of a recreational vehicle park for the exclusive use of the occupants of a recreational vehicle. The recreational vehicle lot shall include the exclusive adjoining parking space and the required open space around the re creational vehicle. An RV lot may be rented, leased or, if permitted herein, purchased as a separate parcel of land. Except as otherwise e xpressly noted within the regulations of this title, the definition of a recreational vehicle lot includes park trailer lot. “Recreational vehicle park” means a recre ational development containing active recreational amenities and lots for the parking of recreational vehicles, and park trailers whe re specifically permitted, as temporary residences. For the purpose of this title, recreational vehicle parks are further defined as either:

1. Rental parks, where th e recreational vehicle park is owned by a single owner or organiz ation and all recreational vehicle lots are rented or leased for a period not exceeding one hu ndred eighty days in a calendar year;

2. Ownership/membership parks, wher e the re creational vehic le lots a re owned by individ uals, but the park itself and the amenities, i ncluding common areas, are maintained by a homeowner association or other organization in which all re creational vehicle owners must maintain membership, or i n which the individual l ots are o wned by an overall membership organization, of which individual recreational vehicle owners are members , provided in any circumstances the lots are not occupied for a period exceeding one hundred eighty days in a calendar year.

3. Extended occupancy parks, where the recre ational vehicle lots are owned by individuals, but the park itself and the amenities, including common areas, are maintained by a hom eowner association or other organization in which all re creational vehicle owners must maintain me mbership, or in which the individual lots are owned by an overall membership organization, of which individual recreational vehicle owners are members , provided in any circumstances the lots are not occupied for a period exceeding two hundred seventy days in a calendar year.

All existing recreational parks, mobile home parks, trailer courts an d other uses containing re creational vehicle spaces for rent, lease or sale not meeting these definitions are considered nonco nforming for the purpose of this title.
“Recyclable material” means reusable material including, but not limited to, metals, glass, plastic, and paper, which are intended for reuse, reman ufacture, or reconstitution for the purpose of using the altered form. “Recyclable material” does not include refuse or hazardous materials.

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“Recycling center” means a place for the pro cessing of r ecyclable materials, and may also i nclude collection facilities, which are certified by the California Department of Conservation as meeting t he requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. “Recycling colle ction facility (large)” means a place of more than five hundred square feet for the acceptance by donation, redemption, or purchase of recyclable materials from the public. “Recycling collection facility (small)” means a place of five hundred square feet or less for the acceptance by donation, redemption or purchase, of recyclable materials from the public. “Religious institution” means a perm anently located building commonly used for religious wo rship fully enclosed with wall, including windows and doors , and having a roof canvas or fabric e xcluded and conforming to applicable legal requirements affecting design and construction. “Rental unit” means a room and bath and kitchen as a separate unit. “Research and development services” means activities typically including research, design, analysis and development, and/or testing of a product. Uses typically include testing laboratories, acoustical chambers, wind tunnels, and computer services. Such uses do not promote odors, noise, vibration or particulates, which would adversely affect uses in the same structure or on the same site. “Residence” means a building used, designed or intended to be used as a home or dwelling place for one or more families.
“Restaurant” is a comprehensive term meaning an eating establishment, providing services to a general public. The term “restaurant” is more fully defined in Section 28522 of the California Health and Safety Code. Some types of establishments included within the term “restaurant” are cafés, cafeterias, coffee houses, coffee shops, dinner houses, drive-in or drive-thru restaurants, fast-food service establishments, fountain lunches, lunch rooms, pancake houses, sandwiches shops, tea rooms, and waffle houses. “Retail store—new” means any business that sells new goods, wares and merchandise directly to the ultimate consumers from a permanent structure whose sole purpose is the operation of said bus iness. For the purpose of th is definition, permanent structure means any structure requiring a building permit that is anchored to a solid foundation.
“Retail store —used” means any business that sells any percentage of non -new goods, wares, and/or merchandise directly to the ultimat e c onsumers from a permanent structure whose sole pu rpose is the operation of said busines s. For the pu rpose of this def inition, permanent structure means any structure requiring a building permit that is anchored to a solid foundat ion. This definition a pplies to r etailers of consignment goods, antiques, second -hand stores, used furniture or ap pliances, pawnbrokers, or any other use that is determined to be similar in nature by the community development director city planner. This definition does not include uses such as automobile wrecking yards, recycling centers, or any other business not normally def ined as a new goods retailer. In commercial zones requiring a conditional use permit, the use must ju stify that it will not contribute to the decay or deteri oration of t he business, social or economic environment in the area by its usage of displays, signa ge, name, the manner in which business is conducted, or any other feature of the business that is visible from the exterior of the building in which it is housed. All such businesses shall conform to all required co nditions of approval as to assure the leg itimate operation of said business. The applicant shall be required to provide personal information to the city and keep records of merchandise so that the city can be assured that only legitimate, legal goods are being sold. This requirement does not preclude any state or federal regulations.

School, Private. “Private school” means an inst itution conducting regular academic instruction at kindergarten, elementary, secondary and college levels, operated by a nongovernmental organization.

School, Public. “Public school” means a school operated by a governmental organization.

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“Senior housing developments” means a hou sing complex, which may or ma y not be profes sionally managed, consisting of a group of dwelling units and supporting common facilities designed and operated exclusively for the housing of senior citizens and their spouses. “Senior/elderly citizen.” For the purpose of this title, a “senior citizen” is an individual at least fifty-five years of age. An “elderly citizen” is an individual sixty-two years of age or older. “Service station” means the same as “automobile service station.” Setback Line, Front Yard. “Front yard setback line” means the line which defin es the depth of the required front yard. Said setback line shall be pa rallel with the s treet line or the line established by the general plan or setback regulation and be r emoved therefrom by the perpendicular distance prescribed for the front yard area.

Setback Line, Rear Yard or Side Yard. “Rear yard or side yard setback” means the line w hich defines the width or depth of the required rear or side yard. Said setback line shall be parallel with the pro perty line and removed therefrom by the perpendicular distance prescribed for the yard and the zone. If the side or rear yard abuts the street the distance shall be measured as set forth under setback line front yard. “Shopping center” means a group of at least three businesses, wi thin a building or building s with a gross floor area of eight thousand square feet or more, which function as an i ntegral unit with common parking and access.
“Short-term vacation rental” or “STVR” means any privately owned qualifying residential dwelling unit or portio n thereof, rented for occupancy, dwelling, lodging, or sleeping purposes for a period of thirty consecutive calendar days or less, counting portions of calendar days as full use days. An STVR shall not be and is not permitted for use in any disqualified sp ace. An STVR does not i nclude the use of a lodging facility, hotel, motel or a timeshare subject to Chapter 9.92 of this code. “Sign.” The definition of sign is as set forth in the sign regulations (Chapter 9.62). “Single room occupancy (SRO) facility” m eans a structure c onsisting of six or more units, each of which is designed for occupancy by no more than two persons, which also has bathing facilities, that may or may not have partial kitchen facilities, and which is occu pied as a primary residence by its occupants. The definition of SRO does not include employee housing, emergency shelters, residential care homes , elderly housing developments, rooming and boarding houses , hotels and motels, bed and break fast lodging, extended care facilities or hospitals.
“Site plan” means a plan prepared to scale sho wing accurately and with complete mentioning all of the buildings, structures and uses and the exact manner of development proposed for a specific parcel of land. “Site plan review” means the review of a site plan, other s tudies to assist in determining the manner in which the applicant intends to make use of his property. “Speculative building” means a building co nstructed for sale/lease purposes only with no intention of the builder/developer to immediately occupy or use the building for their own purposes.

Stable, Commercial. “Comm ercial stable” means a stable for horses which are let, hired, used or boarded on a commercial basis and for compensation.
“Stand-alone parking lot” means a parking lot that is not approved o r constructed as part of a la rger development project.

Storage Container, Commercial. “Commercial storage container” (also known as a shipping co ntainer), is a metal container usually rect angular in shape and usually used by shippin g and transportation companies as a convenient container within which products are tran sported is expressly prohibited by this definition to be used for the retail exhibition of products or to be used as a work space for employees. “Story” means that port ion of a building i ncluded between the surface of any floor and the surface of the floor next above it or the finished under surface of the roof directly over that particular floor.

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“Street” means a public or an approved private thoroughfare or road easem ent w hich affords the principal means of access to abutting property, but not including an alley. “Street line” means the boundary line between a street and abutting property. “Structural alteration” means any change in or alteration to the structure of a bui lding involving th e bearing wall, column, beam or ceiling joist, roof ra fters, roof diaphragms, foundations, tiles, retaining walls or similar components.
“Structure” means a mobile home or anything constru cted or erected and the edifice or building of any kind or any piec e of work artificially built up or composed with parts joined to gether in some definite manner which requires location on or in the ground or is attached to something at the loc ation on or in the ground except swimming, wading pools, patios, paved areas, w alks, tennis courts, and similar recre ational areas.

Structure, Accessory. “Accessory structure” means a detached subordinate structure located on the same site with the main structure or the main use of the land, or attached structure open on three sides or more.

Structure, Main. “Main structure” means a structure h ousing a principal use of a site or fun ctioning as the principal use on a site.

Structure, Temporary. “Temporary structure” means a structure which is readily movable a nd used or intended to be used for a period not to e xceed ninety consecutive days. Such structure shall be subject to all applicable property development standards for the zone in which it is located. “Supportive housing” has the same meaning as defined i n subdivision (b)(2) of Section 50675.14 of the California Health and Safety Code, as may be amended from time to time. “Swap meet (non -vendor specific merchandising)” means a use where stalls or designated area s either within an enclosed building or an o pen a rea are establishe d for the use by more than five ind ependent vendors offering goods or materials for sale or exchange. The term swap meet also includes farmer’s market, street fair, public fair, art exhibits, seller’s market, and other terms commonly used for such activities.

Swap Meet, Permanent. “Permanent swap meet” means a swap me et located, or to be located, at the same site for more than ninety consecutive calendar days, or for more than one hundred t wenty calendar days in any twelve -month period, or on routinely sch eduled day(s) of the week or month for one year or more.

Swap M eet, Temporary. “Temporary swap meet” means a swap meet not meeting the criteria of a permanent swap meet.
“Testing laboratory” has the same meaning as that term is def ined by Section 26001 o f the Cal ifornia Business and Professions Code.
“Trail bike park” means an open area used by trail bikes, or motorcycles, for purposes such as, but not limited to, hill climbing, trail riding, scrambling, racing and riding exhibitions. “Transitional housing” has the same meaning as defined in subdivision (h) of Secti on 50675.2 of the California Health and Safety Code, as may be amended from time to time. “Travel trailer park” means an are a or tract of land that was established prio r to city incorporation (November 16, 1981) as a place for the renting or leasing of sp ace for the placement of travel trailers, recreational vehicles, mobile homes and other sim ilar dwelling units. For the purpo se of this title, a travel trailer park is not a mobile home park or a recreational vehicle park. “Use” means the purpose for whic h land or a building is arranged, designed, or intended, or for which either is or may be occupied or maintained.
“Used” means and includes occupied, arranged, designed for or intended to be used. “Vehicle wrecking yard” means a site or portion of a site on which the dismantling or wrecking of used vehicles occurs, whether self -propelled or not. An area where the storage, sale or dumping of the metal of

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wrecked vehicles or their parts is co nducted. The presence on a site of two or more m otor vehicles whic h have not been capable of operating under their own power for thirty days or more or in the case that vehicles not self-propelled which have not been to wable or from wh ich parts have been rem oved for re -use or sale shall constitute prima facie evidence of a vehicle wrecking yard. “Warehouse” means a building or buildings used for storage of goods of any type when such building or buildings contain more than five hu ndred square feet of storage space and where no r etail operation is conducted.
“Yard” means an open and unoccupied space on a lot on which a building is situated and, except where otherwise provided in this ordinance, open and unobstructed from the ground to the sky.

Yard, Front. “Front yard” means a yard extending across the full width of the lot and lying between the front lot line and a line parallel thereto, and ha ving a distance between them equal to the require d front yard depth as prescribed in each zone. Front yards shall be measured by a line at right angles to the front lot line, or by the radial line in the case of a curved front lot line. When a lot lies partially within a planned street indicated on a spe cific plan for such a street, and where such planned street is of t he type that will afford legal access to such lot, the depth of the front yard shall be measured from the contiguous edge of such planned street in the manner prescribed in this definition.

Yard, Rear. “Rear yard” means a yard extending across the full width of the lot, the depth of which yard shall be the minimum required distance as prescribed in each zone as measured from the rear lot line toward the front lot line.

Yard, Side. “Side yard” means a yard extending the depth of the lot and lying between the side property line and the front and rear yards, contai ning a width prescribed in each zone. In the case of corner lots, the street side yard shall extend to the rear lot line.
“Zone” means a zoning district as defined in the pla nning and zoning law of the state and shown on the official zoning map of the city.
“Zone map” means the official zoning map of the city, which is a part of this title and which is r eferred to in Section 9.02.030.
“Zoning ordinance” or “ordinance” means the Cathedral City zoning ordinance codified in this title, of which this section is a part. (Ord. 801 § 1, 2017; Ord. 789 § 2, 2017; Ord. 777 § 2, 2016; Ord. 774 § 2, 2016; Ord. 699 § 4, 2011; Ord. 697 § 1, 2010 ; Ord. 685 § 1, 2009; Ord. 666 § 1, 2008; Or d. 607 § 1, 2005; Ord. 565 § 3, 2002; Ord. 561 § 1, 2002; Ord. 554 § , 2001; Ord. 537 § 1, 2000; Ord. 530 § 3, 2000; Ord. 529 § 3, 2000; Ord. 502 § 1, 1999; Ord. 495 § 2, 1998; Ord. 489 § 1, 1998; Ord. 482 § 2, 19 98; Ord. 470 §§ 5, 10, 14, 1998; Ord. 386 § 3, 1993; Ord. 327 § 2, 1991; Ord. 324 §§ 2, 3, 1991; Ord. 304 § 2, 1990; Ord. 294 § 2, 1990; Ord. 266 § 2, 1989; Ord. 263 § 3, 1989; Ord. 262 § 1, 1989; Ord. 256 § 1, 1989; Ord. 247 § 1, 1989; Ord. 244 § 1, 1989; Ord. 241 §§ 1, 2, 1989; Ord. 227 § 1, 1988; Ord. 187 §§ 4—7, 1987; Ord. 145 §§ 2, 3, 1986; Ord. 140 § 2, 1986; Ord. 80 Art. 111(B), 1984)

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Division II. District Regulations

Chapter 9.10

ZONING DISTRICTS ESTABLISHED

Section:

9.10.010 Established.

A. In order to classify, re gulate, restrict and se gregate the uses of land and buildings, to reg ulate and restrict the height and bulk of buil dings, to regulate the area of yards and other open spaces about buildings, and to regulate the d ensity of population, seventeen nineteen classes of zoning district s are established by this title to be known as follows:

RE Residential Estate
R1 Single-Family Residential
R2 Multiple-Family Residential
RM Multiple-Family Residential
R3 Multiple-fFamily Residential
R4H Multiple-Family Residential
RR Resort Residential
DRN Downtown Residential Neighborhood
PPO Planned Professional Office
PLC Planned Limited Commercial
PCC Planned Community Commercial
MXC Mixed Use Commercial
CTR Commercial Tourist and Recreation
CBP-1 Commercial Business Park (Limited)
CBP-2 Commercial Business Park
NBP Neighborhood Business Park (Transition)
I-1 Light Industrial
OS Open Space
OS-R Open Space/ Residential
B Bed and Breakfast Inns
B Bonus Density Overlay
S Specific Plan Overlay
H Hillside Review Overlay
LH Limited Height Overlay
P/IH Public/Institutional Housing Overlay
HO Home Ownership Overlay

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B. The permitted uses in each district are excl usive to that distr ict unless explicitly allowed in another zoning district or as may be determined by the pla nning commission pursuant to authority g ranted by this title. If the use is not specifically listed as a permitted or conditional use, the use is prohibited. (Ord. 263 § 4, 1989; Ord. 80 Art. IV, 1984)

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Chapter 9.12

RE RESIDENTIAL ESTATE DISTRICT*

Sections:

9.12.010 Purpose and intent.

9.12.020 Permitted uses.

9.12.030 Conditional uses.

9.12.040 Prohibited uses.

9.12.050 Density.

9.12.060 Lot dimensions.

9.12.070 Yard requirements.

9.12.080 Coverage and building height.

9.12.090 Parking.

9.12.100 Access to parking (driveways).

9.12.110 Fencing.

9.12.120 Patios.

9.12.130 Landscaping.

9.12.140 Dwelling unit size.

* Prior ordinance history: Ords. 80, 128 and 212.

9.12.010 Purpose and intent.

To provide for a ppropriately located hi gh qua lity family residential areas with very low densities, retention of open and natural areas and reduction of grading. (Ord. 256 § 2, 1989)

9.12.020 Permitted uses.

Home occupations;
Large family day care homes;
One one-family dwelling per legal lot;
Small family day care homes;
Supportive housing;
Transitional housing;.

Employee Housing;
Second Dwelling Unit/Accessory Dwelling Unit;
Junior Accessory Dwelling Unit;
Group Home.
(Ord. 731 § 2, 2014; Ord. 293 § 3, 1990; Ord. 256 § 2, 1989)

9.12.030 Conditional uses.

The following uses may be permitted subject to a conditional use permit:

Dwelling, second unit; provided the dwelling meets the definition of a second unit dwelling as defined in Section 9.08.020, and there is at least one parking space in a garage designated specifically for the second unit dwelling;

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Guest home, provided the unit does not exceed six hundred square feet in area and has at least one covered parking space in addition to the required space for the main residence; Large family day care homes;
Planned unit developments;
Private recreational facilities and ancillary commercial use; Public parks and recreation facilities;
Public utility structures and pub lic service f acilities; however transmission lines serving only the immediate area are permitted without a conditional use permit; Schools, either public or private, but not including art, business or trade schools. (Ord. 324 § 4, 1991; Ord. 262 § 2, 1989; Ord. 256 § 2, 1989)

9.12.040 Prohibited uses.

Uses not listed i n this chapter are expressly pr ohibited. No land shall be used n or 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. 256 § 2, 1989)

9.12.050 Density.

The density in any subdivision of land shall not exceed one lot per each gross acre of land in the project. (Ord. 256 § 2, 1989)

9.12.060 Lot dimensions.

All newly-created lots shall meet the following minimum net dimensions:

A. Area: forty thousand square feet;
B. Depth: two hundred feet;
C. Width: one hundred feet along a dedicated street frontage property line; however, if it is found that the frontage of the lot must be narrowed because of street design or topographical constraints, the minimum lot width at the street frontage property line shall be fifty feet. (Ord. 256 § 2, 1989)

9.12.070 Yard requirements.

All newly-developed lots shall have the following minimum yard dimensions:

A. Front yard: thirty feet. However, garages can be placed in the front yard up to ten feet from the property line with side access or twenty feet with perpendicular access if the planning commission finds that such design is necessary to reduce grading on the lot.

B. Side yards: fifteen feet each.

C. Rear yard: fifty feet.
(Ord. 256 § 2, 1989)

9.12.080 Coverage and building height.

A. Maximum building coverage shall be twenty-five percent of net lot area; B. Building heights shall not exceed twenty-six feet.
(Ord. 256 § 2, 1989)

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9.12.090 Parking.

All dwellings shall have parking as follows:

A. Main dwelling: two car parking spaces within a garage.

B. Guest dwelling: one car parking space within a garage.

BC. Location of parking: no vehicles shall be parked in a ny area except with in the garage, improved driveway, or improved accessory parking spaces.

CD. Maximum parking spaces: the maximum number of parking spaces per lot shall not exceed four covered spaces (two hu ndred square feet each) and open parking not greater than one thous and square feet excluding driveways. Additional covered par king in lieu of said open parking may be permitted by administrative design review provided all other applicable district standards can be met. (Ord. 307 § 2, 1990; Ord. 256 § 2, 1989)

9.12.100 Access to parking (driveways).

All parking spaces and structures shall be served by a driveway that meets the following standards:

A. Minimum width of driveway: sixteen feet;
B. Driveways shall be constructed of Portland cement concrete; and C. Driveways shall not cover more than thirty percent of the required front or street side yard area. (Ord. 256 § 2, 1989)

9.12.110 Fencing.

None required.
(Ord. 256 § 2, 1989)

9.12.120 Patios.

None required.
(Ord. 256 § 2, 1989)

9.12.130 Landscaping.

Driveways and open parking shall not exceed fifty percent of the front and street side yards. City parkways shall be included in t he landscaping. Natural areas may be integrated into the landscape plan pr ovided such natural areas are free of invasive weed s or a source of blow sand . Landscaping shall be designed to prevent irrigation water from flowing over paved surfaces. Turf areas shall be limited , and at least 50% of lot landscaping shall be native and/or drought-tolerant plant materials. (Ord. 256 § 2, 1989)

9.12.140 Dwelling unit size.

The minimum dwelling unit size requirements based on number of bedrooms are as follows:

Bedrooms Minimum Dwelling Unit Size
4 or more 3,000 sq. ft.
3 2,500 sq. ft.
2 or less 2,000 sq. ft.

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(Ord. 256 § 2, 1989)
Chapter 9.14

R1 SINGLE-FAMILY RESIDENTIAL DISTRICT*

Sections:

9.14.010 Purpose and intent.

9.14.020 Permitted uses.

9.14.030 Conditional uses.

9.14.040 Prohibited uses.

9.14.050 Density.

9.14.060 Lot dimensions.

9.14.070 Yard requirements.

9.14.080 Coverage and building height.

9.14.090 Parking.

9.14.100 Access to parking (driveways).

9.14.110 Fencing.

9.14.120 Patios.

9.14.130 Landscaping.

9.14.140 Dwelling unit size.

* Prior ordinance history: Ords. 80, 212, 244 and 247.

9.14.010 Purpose and intent.

To provide a living area within the city where development is limited to low density concentr ations of one-family dwellings and to promote and encourage a suitable environment for family life, to provide space for community facilities needed to complement urb an residential areas and for instit utions which require a residential environment and to minimize traffic congestion. (Ord. 256 § 4, 1989)

9.14.020 Permitted uses.

Home occupations;
Large family day care homes;
One one-family dwelling per legal lot;
Parking lots; as provided in Section 9.14.090;
Small family day care homes;
Supportive housing;
Transitional housing;.

Employee Housing;
Second Dwelling Unit/Accessory Dwelling Unit;
Junior Accessory Dwelling Unit;
Group Home.

(Ord. 731 § 3, 2014; Ord. 580 § 3, 2004; Ord. 293 § 5, 1990; Ord. 256 § 4, 1989)

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9.14.030 Conditional uses.

The following uses may be permitted subject to a conditional use permit:

Churches, convents, monasteries and other religious institutions on a minimum of two acres; Dwelling, second unit; provided the dwelling m eets the definition of a second unit dwelling as d efined in Section 9.08.020, and there is at least one ten -foot by twenty -foot parking space desi gnated specifically for the second unit dwelling. The second dwelling may be placed in the required rear yard, provided the unit is not within five feet of any property line nor covers more than fifty percent of the required rear yard area; Day care center;
Parking lots; as provided in Section 9.14.0290;
Planned unit developments;
Private recreational facilities and ancillary commercial uses; Public parks and recreation facilities;
Schools, either public or private, but not including business or trade schools. (Ord. 580 § 3, 2004; Ord. 324 § 5, 1991; Ord. 299 § 5, 1 990; Ord. 293 § 4, 1990; Ord. 262 § 2, 1989; Ord. 256 § 4, 1989)

9.14.040 Prohibited uses.

A. Uses not listed in this chapter are ex pressly pr ohibited. 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.

B. Short Term Vacation Rentals, as defined in Chapter 5.96 of this Municipal Code, are expressly prohibited. This prohibition shall not apply to home sharing as defined in Chapter 5.96.

9.14.050 Density.

There shall be three density categories in the R1 zone. These categories will be distinguished on the zone map by a numerical notation following th e R1 s ymbol which will provide identification of the minimum net lot area. The density categories are:

Category Min. Net Size of Lot

7.2 7,200 sq. ft.

8.5 8,500 sq. ft.
10 10,000 sq. ft.
12 12,000 sq. ft.
15 15,000 sq. ft.

(Ord. 256 § 4, 1989)

9.14.060 Lot dimensions.

All newly-created lots shall meet the following minimum net dimensions:

A. Area: as noted under density requirement;
B. Depth: one hundred feet;
C. Width: seventy feet along a dedicated str eet frontage property line; however, if it i s foun d that the frontage of the lot must be narrowed because of street design or topographical constraints, the minimum

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lot width may be reduced provided that the dimension at the street frontage property line is not less than thirty-five feet.
(Ord. 256 § 4, 1989)

9.14.070 Yard requirements.

All newly-developed lots shall have the following minimum yard dimensions:

A. Front yard: twenty feet; garages with a side entry access: fifteen feet; B. Side yards for lots whose width is sixty feet or less shall n ot be less than five feet. However, side yards for a lot over sixty feet in width shall be fifteen feet combined, one of minimum five feet and the other of minimum ten feet. On corner lots the ten-foot setback shall be along the street side; C. Rear yard: fifteen feet, except that garages or carports may be located up to five feet from a rea r property line.
(Ord. 334 § 2, 1991; Ord. 256 § 4, 1989)

9.14.080 Coverage and building height.

A. Maximum building coverage shall be forty percent of net lot area; B. Building height shall not exceed twenty-six feet.
(Ord. 256 § 4, 1989)

9.14.090 Parking.

In addition to all the requirements of Chapter 9.58, the minimum parking shall be as follows:

A. Main dwelling: two car parking spaces within a garage; B. Guest dwelling: one car parking space within a garage; BC. Location of parking: no vehicles shal l be p arked in any area e xcept within the garage, improved driveway, or improved accessory parking spaces;
CD. Maximum parking spaces: the maximum number of parking spaces per lot shall not exceed four covered spaces (two hundred square feet each) and open parking not greater than one thousand square feet excluding driveways. Additional covered par king in lieu of said open parki ng may be permitted by administrative design review provided all other applicable district standards can be met; DE. Vehicles shall not be parked or stored in any front or street side yard area except on driv eways or open parking spaces constructed of Port land cement concrete. Driveways and i mproved parking areas shall not cover more than fifty percent of the required front or street side yard area; EF. Parking lots, in conjunction with commercial uses, are allowed provided that the parking lot:

1. Solely serves an adjacent commercial development that has frontage along Ramon Road;

2. Shares a common property line or alley (not i ncluding a p ublic street) with the commercial development;

3. Does not have vehicular access from an adj acent residential street, u nless no other suitable o ptions are available as determined by the city planner;

4. Is not located on a lot that fronts on Roundup Road; and

5. Is not used for any type of storage activity, sales or other non-parking use at any time.

For parking lots meeting the above criterion, the following development standards shall apply:

1. A solid decorative masonry wall shall be co nstructed b etween the parking lot an d the adj acent residential properties. The wall shall be a minimum of six feet and a maximum of seve n feet in height.

Where the wall is adjacent to a residential front yard setback, the wall height shall step down, starting at the setback line to meet the perimeter screen wall height as described below.

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2. A solid decorative masonry screen wall shall be constructed between the parking lot and the adjacent residential street(s) that is a minimum of thirty -six inches and a maximum of forty-eight inches in height. A minimum five -foot interior width planter shall be constructed along both sides of the decorative screen wall.

3. A minimum five-foot interior width planter shall be constructed along the perimeter of the lot where the lot is adjacent to residentially zoned properties.

4. All interior planters shall be protected from veh icle overhangs with concrete wheel stops. Exception:

Vehicles may have a two-foot overhang into a planter that has a minimum i nterior dimension of at least seven feet and concrete wheel stops will not be required.

5. Parking lots shall have a minimum of fifty pe rcent shade coverage of the parking area within ten years of construction. Trees should be planted between every three parking spaces. Arbors, courts and similar shade structures may be approved by the city planner instead of the tree requirement, provided that their supporting members are setback at least five feet from the property line that is shared with res identially zoned properties.

6. Parking lots shall maintain security l ighting where a minimum of one foot -candle is pr ovided for the interior. Additionally, a maximum of zero foot-candles are permitted at all property lines. Fixtures shall be bollard style or wall mounted and shall not exceed five feet in height.

7. Access t o the parking lot shall be either from the adjacent commercial use via a common a ccess easement or d edicated easement (a lot merger may be requi red) o r from an adjacent public street or alley. The access shall be d esigned to city s tandards as required by t he pu blic works director/city engineer.
(Ord. 580 § 3, 2004; Ord. 307 § 3, 1990; Ord. 256 § 4, 1989)

9.14.100 Access to parking (driveways).

All parking spaces and structures shall be served by a driveway that meets the following standards:

A. Minimum width of driveway: sixteen feet;
B. Driveways shall be constructed of Portland cement concrete. (Ord. 256 § 4, 1989)

9.14.110 Fencing.

A. Fencing, at time of new construction: At the time of construction of any residence, a six -foot high solid masonry fence shall be co nstructed on all rear and side lot lines. The fence shall be constructed of decorative masonry with finished a ppearance or wood fram ed with stucco exterior consistent with the architecture of the main building.

B. If a fence exists at the required location, the requirement may be waived by the city planner if it is found that the existing fen ce is of sound construction with an expected life of at least ten years. For the purposes of this section, open fences are not considered a fence meeting this requirement.

C. The requirements of this section shall not a pply to lots of record that are great er than fi fteen thousand square feet. Further, the city planner may modify any requirement herein if it is determined that meeting the requirements will adversely affect the quality of living, such as view blockage, or if the construction of such fence is impractical due to topographical considerations. (Ord. 554 § 1, 2001; Ord. 256 § 4, 1989)

9.14.120 Patios.

None required.

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9.16.120 Trash containers.

Trash and recycling containers shall be located within the rear and side yards, behind a solid fence or gate, and shall not be visible from the publ ic right-of-way, except when in places of collection on scheduled waste collection days.

(Ord. 256 § 4, 1989)

9.14.130 Landscaping.

Driveways and open parking shall not exceed fifty percent of the front and street side yards. City parkways shall be included in the landscaping. Natural areas may be integ rated into the landscape plan pr ovided such natural areas are free of invasive weeds or a source of blow sand. Landscaping shall be designed to prevent irrigation water from flowing over paved surfaces. Turf area s shall be limited , and at least 50% of lot landscaping shall be native and/or drought-tolerant plant materials. (Ord. 256 § 4, 1989)

9.14.140 Dwelling unit size.

The minimum dwelling unit size, based on number of bedrooms, are as follows:

Bedrooms Minimum Dwelling Unit Size
3 or more 1,200 sq. ft.
2 or less 1,000 sq. ft.

(Ord. 256 § 4, 1989)

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Chapter 9.16

R2 MULTIPLE-FAMILY RESIDENTIAL DISTRICT*

Sections:

9.16.010 Purpose and intent.

9.16.020 Permitted uses.

9.16.030 Conditional uses.

9.16.040 Prohibited uses.

9.16.050 Density.

9.16.060 Lot dimensions.

9.16.070 Yard requirements.

9.16.080 Coverage and building height.

9.16.090 Parking.

9.16.100 Access to parking (driveways).

9.16.110 Fencing.

9.16.120 Open space/patios.

9.16.130 Landscaping.

9.16.140 Dwelling unit size.

9.16.150 Trash enclosures.

9.16.160 Design review.

* Prior ordinance history: Ords. 80, 97, 105, 128, 133, 145, 164, 182, 212 and 244.

9.16.010 Purpose and intent.

To provide appropriately located areas for fam ilies living in a v ariety of types of dwellings at a low to medium range of population density, and to pr ovide space for community facilities needed t o complement urban residential areas.
(Ord. 263 § 5, 1989)

9.16.020 Permitted uses.

Home occupations;
Large family day care homes in one-family dwellings only; Multiple dwellings;
One-family dwellings;
Two-family dwellings (duplexes);.

Small family day-care homes in one- and two-family dwellings only; Supportive housing;
Transitional housing;
Employee Housing;
Second Dwelling Unit/Accessory Dwelling Unit;
Junior Accessory Dwelling Unit;
Low Barrier Navigation Center;
Group Home.

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(Ord. 731 § 4, 2014; Ord. 299 § 2, 1990; Ord. 263 § 5, 1989)

9.16.030 Conditional uses.

The following uses may be permitted subject to a conditional use permit:

Boarding houses and transient occupancy facilities such as emergency housing; Churches, convents, monasteries and other religious institutions on a minimum of two acres; Day-care center;
Dwelling, second unit; provided only one single dwelling unit exists on the recorded lot, and further provided that the dwelling meets the definition of a second unit dwelling as defined in Section 9.08.020, and there is at least one ten -foot by twenty -foot par king space designated specifically for the second unit dwelling. The second dwe lling may be placed in the required rear yard, provided the unit is not within five feet of any property line nor covers more than fifty percent of the required rear yard area; Large family day-care home in two-family dwellings only; Mobile home park;
Parking lots serving developments approved in an abutting commercial zone, sharing a com mon property line (or alley) with said proposed lot provided access is not permitted onto the residential street; Planned unit developments;
Private recreational facilities and ancillary commercial uses; Public parks and recreation facilities;
Public u tility structures and pub lic service f acilities; however transmission lines serving only the immediate area are permitted without a conditional use permit; Schools, either public or private, but not including business or trade schools. (Ord. 324 § 6, 1991; Ord. 299 § 3, 1990; Ord. 263 § 5, 1989)

9.16.040 Prohibited uses.

B. Short Term Vacation Rentals, as defined in Chapter 5.96 of this Municipal Code, are expressly prohibited. This prohibition shall not apply to home sharing as defined in Chapter 5.96.

9.16.050 Density.

All new residential development shall m eet the following maximum density standards based on net lot area:

A. One one-family dwelling shall be permitted on any conforming lot or on any existing legally created nonconforming lot that has an area of at least four thousand square feet.

B. One two-family dwelling shall be permitted on any conforming lot or on any existing legally crea ted nonconforming lot that has an area of at least seven thousand square feet.

C. Multiple dwellings shall be permitted on any legally created lot provided that there shall be a maximum of one unit for every three tho usand six hundred square feet of net lo t area for interior lots and one unit for every two tho usand four hundred square feet of net lo t area for corner l ots. For corner lots that are fourteen thousand square feet or more in area (existing or consolidated with development proposal), the corner lot density factor shall be used only for the first fourteen thousand square feet of lot area. A ll density calculations thereafter shall be calculated at the interior lot factor.

D. Fractions over a whole unit shall not be considered an allowable unit.

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(Ord. 263 § 5, 1989)

9.16.060 Lot dimensions.

All newly-created lots shall meet the following minimum net dimensions:

A. Area: eight thousand square feet;
B. Depth: one hundred feet;
C. Width: seventy feet; however, if it is found that the frontage of the lo t must be narrowed because of street design or topographical co nstraints, the minimum lot width may be r educed pro vided that the dimension at the front property line is not less than thirty-five feet. (Ord. 263 § 5, 1989)

9.16.070 Yard requirements.

All newly-developed lots shall have the following minimum yard dimensions:

A. Front yard: fifteen feet.

B. Side yards for a lot sixty feet or less in width shall be not less than five feet.

C. Side yards for a lot over sixty feet in width shall be fifteen feet combined, each of which shall not be less than five feet, except a side yard providing the mai n front access to any unit shall be a minimum of ten feet.

D. Rear yard: f ifteen feet, except garages or ca rports may be located up to five feet from a rear prop erty line provided there is no direct access to an alley.

E. Setback to the vehicle entrance of garage or carport shall be twenty feet to any street or alley. (Ord. 263 § 5, 1989)

9.16.080 Coverage and building height.

A. Maximum building coverage shall be fifty percent of net lot area; B. Building height shall not exceed twenty -six feet except whe re the building is within thir ty feet of property zoned RE or R1. In such case, the building height shall not exceed sixteen feet within thirty feet from the property zoned RE or R1. The planning commission may permit an increase in the height up to twenty -six feet if it is found that such increase will not adversely affect adja cent properties. The planning commission review of an i ncrease above sixteen feet shall be made through a design r eview application. Notice of the planning co mmission review of the d esign review applic ation shall be provided to all property owners within one hundred feet of the subject site. (Ord. 263 § 5, 1989)

9.16.090 Parking.

In addition to all the requirements of Chapter 9.58, the minimum parking shall be as follows:

A. One-family dwelling: two car parking spaces within a garage.

B. Two-family and multiple dwellings up to and including four units on a legal lot; two car parking spaces per unit, at least one of which is to be in a garage. Such parking structures may be entered di rectly from the str eet or be s ide entered. To provide variety, the design shall vary from any existing adjacent development to the satisfaction of the planning commission.

C. Multiple dwellings of five units or more on a legal lot: one and one -half car parking spaces per unit, at least one of which is to be in a garage.

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D. Location of parking: No parking spaces shall be located or vehicles parked in any area e xcept within approved garages, carports, or i mproved open parking spaces. Driveways and improved pa rking areas shall not cover more than fifty percent of the required front or street side yard area. (Ord. 263 § 5, 1989)

9.16.100 Access to parking (driveways).

All parking spaces and structures shall be served by a driveway, private street or easement t hat meets the following minimum standards:

A. Width of driveway serving one to three parking spaces: twelve feet; B. Width of driveway serving four to eight parking spaces: sixteen feet; C. Width of driveway serving more than eight parking spaces: twenty-five feet; D. Driveway with a r equired width twenty feet or less: the first one h undred feet in length shall be constructed of Portland cement concrete. After the one hundred -foot distance, the driveway may be constructed of asphalt concrete or other equivalent surface as approved by the city engineer; E. Driveway with a required width over twenty feet: the first twenty-five feet in length shall be constructed of Portland cement co ncrete. After the twenty -five-foot distance, the driveway may be constructed o f asphalt concrete or other equivalent surface as approved by the city engineer; F. All driveway improvements shall be constructed to the satisfaction of the city engineer; G. Driveways shall not cover more than thirty percent of the required front of street side yard area. (Ord. 263 § 5, 1989)

9.16.110 Fencing.

A. At the time of con struction of any main buil ding, a six -foot high solid masonry fence shall be constructed on all rear and side lot lines. The fence shall be constructed of decorative masonry wi th finished appearance or wood framed with stucco exterior consistent with the architecture of the main building.

B. If a fence exists at the required location, the requirement may be waived by the city planner if it is found that the existing fence is of sound construction with an exp ected life of at least ten years. For the purposes of this section, open fences are not considered a fence meeting this requirement.

C. Front yard fencing is not required. However, if constructed, the fence shall not exceed a height of forty- two inches in the required front and side yards and shall be con structed of decor ative masonry consistent with the architecture of the main building and the rear and interior side yard fence. (Ord. 554 § 1, 2001; Ord. 263 § 5, 1989)

9.16.120 Open space/patios.

A. Each unit shall have a private patio, except that common patio or recreation areas may be substituted on an area by area basis when ther e are five or more units sharing the facilities. The common patio or recreation area must have facilities for active recreation, such as outdoor cooking and eating, pool , spa, tennis court, etc.

B. The patio shall have a minimum area of eighty square feet for each dwelling unit.

C. The patio shall have Portland cement concrete or equivalent decking and solid covering or trellise d covering not less than three-inch by four-inch trellis members with four-inch by six-inch posts.

D. Patios shall be at least ten feet distance from any patio serving a different dwelling unit, street, driveway or other commo n area, or be enclo sed with a decorative masonry or wood frame with stucco exterior fence at least five feet in height.

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(Ord. 263 § 5, 1989)

9.16.130 Landscaping.

A. All one- and two-family dwellings shall have approved landscaping and irrigation systems installed in the front and street side yards.

B. All multiple dwelling developments shall have approved landscaping and irrigation systems installed in all yards and open areas designed for common uses at the time of construction of the main building.

C. All landscaping shall be subject to the standards of Chapter 8.57.

D. Landscaping shall be designed to prevent irrigation water from flowing over paved surfaces.

E. Turf areas shall be limited, and at least 50% of lot landscaping shall be native and/or drou ght-tolerant plant materials.
(Ord. 263 § 5, 1989)

9.16.140 Dwelling unit size.

The minimum dwelling unit size, based on number of bedrooms, are as follows:

Bedrooms Minimum Dwelling Unit Size
4 or more 1,350 sq. ft.
3 1,100 sq. ft.
2 9500 sq. ft.
1 750825 sq. ft.

Studio 6700 sq. ft.

(Ord. 263 § 5, 1989)

9.16.150 Trash enclosures.

Trash enclosures constructed to the requirements of Chapter 9.88 shall be required for all developments with three or more dwelling units that have alley or private common drive access capable of accommodating refuse removal vehicles, and al l developments with five or more dwelling units r egardless of access. The trash enclosure shall not be situated within twenty-five feet of the front or main entrance to any dwelling on- site or on adjacent properties.
(Ord. 263 § 5, 1989)

9.16.160 Design review.

Approval of development shall be processed per Chapter 9.78. (Ord. 263 § 5, 1989)

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Chapter 9.18

RM MULTIPLE-FAMILY RESIDENTIAL DISTRICT*

Sections:

9.18.010 Purpose and intent.

9.18.020 Permitted uses.

9.18.030 Conditional uses.

9.18.040 Prohibited uses.

9.18.050 Density.

9.18.060 Lot dimensions.

9.18.070 Yard requirements.

9.18.080 Coverage and building height.

9.18.090 Parking.

9.18.100 Access to parking (driveways).

9.18.110 Fencing.

9.18.120 Open space.

9.18.130 Landscaping.

9.18.140 Dwelling unit size.

9.18.150 Trash enclosures.

9.18.160 Design review.

* Prior ordinance history: Ords. 80 and 212.

9.18.010 Purpose and intent.

To provide appropriately located areas for families living in a variety of types of dwellings at a medium to medium -high ra nge of population density, and to provide space for community facil ities needed t o complement urban residential areas. (Ord. 263 § 6, 1989)

9.18.020 Permitted uses.

Home occupations in one- and two-family dwellings only; Multiple dwellings;
One-family dwellings;
Small family day-care homes in one- and two-family dwellings only; Supportive housing;
Transitional housing;
Two-family dwellings (duplexes);
Employee Housing;
Second Dwelling Unit/Accessory Dwelling Unit;
Junior Accessory Dwelling Unit;
Low Barrier Navigation Center;
Group Home.

(Ord. 731 § 5, 2014; Ord. 263 § 6, 1989)

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9.18.030 Conditional uses.

The following uses may be permitted subject to a conditional use permit:

Boarding houses and transient occupancy facilities such as emergency housing; Churches, convents, monasteries and other religious institutions on a minimum of two acres; Day-care center;
Dwelling, second unit; provided only one si ngle dwelling unit exists on the recorded lot, and further provided that the dwelling meets the definition of a second unit dwelling as defined in Section 9.08.020, and there is at least one ten -foot by twenty -foot parking space designated specifically for the secon d unit dwelling. The second dwelling may be placed in the required rear ya rd, provided the unit is not within five feet of any property line nor covers more than fifty percent of the required rear yard area; Large family day-care home in one- and two-family dwellings only; Mobile home park;
Parking lots serving developments a pproved in an abutting commercial zone, sharing a common property line (or alley) with said proposed lot provided access is not permitted onto the residential street; Planned unit developments;
Private recreational facilities and ancillary commercial uses; Public parks and recreation facilities;
Public utility structures and public servi ce f acilities; however transmission lines serving only the immediate area are permitted without a conditional use permit; Schools, either public or private, but not including business or trade schools. (Ord. 731 § 5, 2014; Ord. 699 § 5, 2011; Ord. 324 § 6, 1991; Ord. 263 § 6, 1989)

9.18.040 Prohibited uses.

Uses not listed in this chapter are exp ressly pr ohibited. No land sh all 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. 263 § 6, 1989)

9.18.050 Density.

All new residential development shall meet the follo wing maximum density standards based on net lot area:

A. One one-family dwelling shall be permitted on any conforming lot or on any existing legally created nonconforming lot that has an area of at least four thousand square feet.

B. One two-family dwelling shall be permi tted on any conforming lot or on any existing legally created nonconforming lot that has an area of at least seven thousand square feet.

AC. Multiple dwellings at the medium density range of 4.5 to 10 dwelling units per acre shall be permitted on any legally created lot (net lot area). provided that there shall be a maximum of one unit for every four thousand three hundred square feet of net lot area.

BD. Multiple dwe llings at the mediu m high de nsity range of 11 to 20 dwelling units per acr e shal l be permitted on any legally created lot (net lot area). of one unit for every three thousand square feet of net lot area, provided that the planning commission finds the deve lopment compatible with surro unding existing and f uture development. N otice of t he planning commission review of the design review application shall be provided to all property owners within one hundred feet of the subject site.

CE. Fractions over a whole unit shall not be considered an allowable unit.

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(Ord. 263 § 6, 1989)

9.18.060 Lot dimensions.

All newly-created lots shall meet the following minimum net dimensions:

A. Area: twenty thousand square feet;
B. Depth: one hundred fifty feet;
C. Width: eighty feet; however, if it is found that the frontage of the lot must be narrowed because of street design or topographical constraints, the minimum lot width may be reduced provided that the dimension at the front property line is not less than thirty-five feet. (Ord. 263 § 6, 1989)

9.18.070 Yard requirements.

All newly-developed lots shall have the following minimum yard dimensions:

A. Front yard: fifteen feet;
B. Side yard: ten feet for interior, fifteen feet for street side; C. Rear yard: ten feet, excep t that garages or c arports may be located up to five feet from a rear prop erty line provided there is no direct access to an alley;
D. Setback to the vehicle entrance of garage or carport shall be twenty feet to any street or alley. (Ord. 263 § 6, 1989)

9.18.080 Coverage and building height.

A. Maximum building coverage shall be sixty percent of net lot area; B. Building height shall not exceed twenty -six feet ex cept where the building is within thirty feet of property zoned RE or R1. In such case, the bui lding height shall not exceed sixteen feet within thirty feet from the property zoned RE or R1. The planning commission may permit an increase in the height up to twenty-six feet if it is found that such increase will not adversely affect adjacent properti es. The planning commission review of an i ncrease above sixteen feet shall be made through a design r eview application. Notice of the planning co mmission review of the design review applic ation shall be provided to all property owners within one hundred feet of the subject site. (Ord. 263 § 6, 1989)

9.18.090 Parking.

In addition to all the requirements of Chapter 9.58, the minimum parking shall be as follows:

A. Amount: one and one-half car parking spaces per unit.

B. Covered parking: at least one space per unit shall be covered.

C. Open parking: to be located in rear yards an d inte rior side yard only. Open parking spaces shall be constructed of Portland cement concrete.

D. Location of parking: No vehicles shall be parked in any area except within approve d garages, carports, or improved open parking spaces.
(Ord. 263 § 6, 1989)

9.18.100 Access to parking (driveways).

All parking spaces and structures shall be s erved by a driveway, private street or easement that meets the following standards:

A. Width of driveway serving one to three parking spaces: twelve feet;

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B. Width of driveway serving four to eight parking spaces: sixteen feet; C. Width of driveway serving more than eight parking spaces: twenty-five feet; D. Driveway with a required width twenty fee t or less: the firs t one hund red feet in length shall be constructed of Po rtland cement concrete. After the one hundred -foot distance, the driveway may be constructed of asphalt concrete or other equivalent surface as approved by the city engineer; E. Driveway with a required width over twenty feet: the first twenty-five feet in length shall be constructed of Portland cement concrete. After the twenty -five-foot distance, the driveway may be constructed of asphalt concrete or other equivalent surface as approved by the city engineer; F. All driveway improvements shall be constructed to the satisfaction of the city engineer; G. Driveways shall not cover more than thirty percent of the required front or street side yard area. (Ord. 263 § 6, 1989)

9.18.110 Fencing.

A. At the time of constr uction of any main buil ding, a six -foot high solid masonry fence shall be constructed on all rear and side lot lines. The fence shal l be constructed of decorative masonry with finished appearance or wood framed with stucco exte rior consistent with the arch itecture of the main building.

B. If a fence exists at the required location, the r equirement may be waived by the director if it is found that the existing fence is of sound construction with an expected life of at least ten y ears. For the purposes of this section, open fences are not considered a fence meeting this requirement.

C. Front yard fencing is not required. However, if constructed, the fence shall not exceed a height of forty- two inches in the required front and side yards and shall be constructed of decor ative masonry consistent with the architecture of the main building and the rear and interior side yard fence. (Ord. 263 § 6, 1989)

9.18.120 Open space.

Usable open space shall be provided at a min imum of four hundr ed square feet for each dwelling unit.

This space may be provided as private outdoor living areas, balconies, decks or common recreational leisure area. Except i n the case of balc onies, such areas shall be landscaped and screened from the street and adjacent property.
(Ord. 263 § 6, 1989)

9.18.130 Landscaping.

There shall be an app roved landscaping and irr igation system installed , subject to the standards of Chapter 8.57, in all areas of the lot not covered by impervious materials at the time of co nstruction of the main buildings. City parkways shall be included in the landscaping. Natural areas may be integrated into the landscape plan, provided such natural ar eas are free of invasive weeds or a source of blow sand.

Landscaping shall be designed to prevent irrigation water from flowing over paved surfaces. Turf areas shall be limited, and at least 50% of lot landscaping shall be native and/or drought-tolerant plant materials. (Ord. 263 § 6, 1989)

9.18.140 Dwelling unit size.

The minimum dwelling unit size, based on number of bedrooms, are as follows:

Bedrooms Minimum Dwelling Unit Size

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4 or more 1,350200 sq. ft.
3 1,10050 sq. ft.
2 90025 sq. ft.
1 75800 sq. ft.

Studio 6700 sq. ft.

(Ord. 263 § 6, 1989)

9.18.150 Trash enclosures.

Trash enclosures constructed to the requirements of Chapter 9.88 shall be required for all developments with three or more dwelling units that have alley or private common drive access capable of accommodating refuse removal vehicles, and all developments with five or more dwelling un its regardless of access. The trash enclosure shall not be situated within twenty-five feet of the front or main entrance to any dwelling on site or on adjacent properties.
(Ord. 263 § 6, 1989)

9.18.160 Design review.

Approval of development shall be processed per Chapter 9.78. (Ord. 263 § 6, 1989)

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Chapter 9.20

R3 MULTIPLE-FAMILY RESIDENTIAL DISTRICT*

Sections:

9.20.010 Purpose and intent.

9.20.020 Permitted uses.

9.20.030 Conditional uses.

9.20.040 Prohibited uses.

9.20.050 Density.

9.20.060 Lot dimensions.

9.20.070 Yard requirements.

9.20.080 Coverage and building height.

9.20.090 Parking.

9.20.100 Access to parking (driveways).

9.20.110 Fencing.

9.20.120 Open space.

9.20.130 Landscaping.

9.20.140 Dwelling unit size.

9.20.150 Trash enclosures.

9.20.160 Design review.

* Prior ordinance history: Ords. 80, 182 and 212.

9.20.010 Purpose and intent.

To provide appropriately located areas f or mult iple-family dwellings at a medium to high range of population density, and to provide sp ace for comm unity facilities needed to complement urban res idential areas.
(Ord. 263 § 7, 1989)

9.20.020 Permitted uses.

Hotels and motels;
Multiple dwellings;
Supportive housing;
Transitional housing;.

Employee Housing;
Second Dwelling Unit/Accessory Dwelling Unit;
Junior Accessory Dwelling Unit;
Low Barrier Navigation Center;
Group Home.

(Ord. 731 § 6, 2014; Ord. 263 § 7, 1989)

9.20.030 Conditional uses.

The following uses may be permitted subject to a conditional use permit:

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Boarding houses and transient occupancy facilities such as emergency housing; Churches, convents, monasteries and other religious institutions on a minimum of two acres; Day-care center;
Dwelling, second unit; provided only one si ngle dwelling unit exists on the recor ded lot, and furthe r provided that the dwelling meets the definition of a second unit dwelling as defined in Section 9.08.020, and there is at least one ten -foot by twenty -foot parking space designated specifically for the second unit dwelling. The second dwelling may be pla ced in the required rear yard, provided the unit is not within five feet of any property line nor covers more than fifty percent of the required rear yard area; Hospitals;
Parking lots serving developments approved in an abutting comme rcial zone, sharing a common property line (or alley) with said proposed lot provided access is not permitted onto the residential street; Planned unit developments;
Private recreational facilities and ancillary commercial uses; Public parks and recreation facilities;
Public utili ty structures and public service f acilities; however transmission lines serving only the immediate area are permitted without a conditional use permit; Schools, either public or private, but not including business or trade schools. (Ord. 731 § 6, 2014; Ord. 699 § 5, 2011; Ord. 324 § 6, 1991; Ord. 263 § 7, 1989)

9.20.040 Prohibited uses.

Uses not listed in this chapter 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. 263 § 7, 1989)

9.20.050 Density.

A. Multiple dwellings at the medium high density range of 11 to 20 dwelling units per acre shall be permitted on any legally created lot (net lot area). shall be permitted on any legally created lot provided that there shall be a maximum of one unit for every three thousand square feet of net lot area.

B. Multiple dwellings at the high density range of 20 to 24 dwelling units per acre shall be permitted on any legally created lot (net lot area). shall be permitted on any legally created lot pr ovided that there shall be a maximum of one unit for every two thousand two hundred square feet of net lot area, a nd provided that the planning commission finds the development compatible with surrounding existing and future development. Notice of the planning commission review of the design review application shall be provided to all property owners within one hundred feet of the subject site.

C. Fractions over a whole unit shall not be considered an allowable unit. (Ord. 263 § 7, 1989)

9.20.060 Lot dimensions.

All newly-created lots shall meet the following minimum net dimensions:

A. Area: thirty thousand square feet;
B. Depth: one hundred fifty feet;
C. Width: one hundred feet; however, if it is found that the frontage of the lot must be narrowed because of street design or topograph ical constraints, the minimum lot width may be reduced provided that the dimension at the front property line is not less than thirty-five feet.

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(Ord. 263 § 7, 1989)

9.20.070 Yard requirements.

All newly-developed lots shall have the following minimum yard dimensions:

A. Front yard: fifteen feet;
B. Side yard: fifteen feet;
C. Rear yard: fifteen feet, except garages or ca rports may be loc ated up to five feet from a rear property line provided there is no direct access to an alley;
D. Setback to the vehicle entrance of garage or carport shall be twenty feet to any street or alley. (Ord. 263 § 7, 1989)

9.20.080 Coverage and building height.

A. Maximum building coverage shall be sixty percent of net lot area; B. Building heigh t shall not exceed thirty -five feet except where the building is within thirty feet of property zoned RE, R1 or R2 . In such case, the building height shall not exceed si xteen feet within thirty feet from the property zoned RE, R1 or R2. The planning commi ssion may permit an increase in the height up to twenty -six feet if it is found that such increa se will not adverse ly affect adjacent properties. The planning commission review of an increase above sixteen feet shall be made through a design review application. Notice of the planning commission review of the design review application shall be provided to all property owners within one hundred feet of the subject site. (Ord. 263 § 7, 1989)

9.20.090 Parking.

In addition to all the requirements of Chapter 9.58, the minimum parking shall be as follows:

A. Amount: one and one-half car parking spaces per unit; B. Covered parking: at least one space per unit shall be covered; C. Open parking: to be located in rear yards and interior side yard only. Open parking sp aces shall be constructed of Portland cement concrete;
D. Location of parking: No vehicles shal l be parked in any area except within approved garages, carports, or improved open parking spaces.
(Ord. 263 § 7, 1989)

9.20.100 Access to parking (driveways).

All parking spaces and structures shall be served by a driveway, private street or easement th at meets the following standards:

A. Width of driveway serving one to three parking spaces: twelve feet; B. Width of driveway serving four to eight parking spaces: sixteen feet; C. Width of driveway serving more than eight parking spaces: twenty-five feet; D. Driveway with a required width twenty feet or less: the first one hund red fe et in length shall be constructed of Portland cement concrete. After the one hund red-foot distance, the driveway may be constructed of asphalt concrete or other equivalent surface as approved by the city engineer; E. Driveway with a required width over twenty feet: the first twenty-five feet in length shall be constructed of Portland c ement concrete. After the twenty -five-foot distance, the driveway may be constructed of asphalt concrete or other equivalent surface as approved by the city engineer; F. All driveway improvements shall be constructed to the satisfaction of the city engineer;

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G. Driveways shall not cover more than thirty percent of the required front or street side yard area. (Ord. 263 § 7, 1989)

9.20.110 Fencing.

A. At the time of constr uction of any main buil ding, a six -foot high solid masonry fence shall be constructed on all rear and side lot lines. The fence shall be constructed of decorative masonry with finished appearance or wood framed with stucco exterior consistent with the arch itecture of the main building.

B. If a fence exists at the required location, the r equirement may be waived by the director if it is found that the existing fence is of sound constru ction with an expec ted life o f at least ten years. For the purposes of this section, open fences are not considered a fence meeting this requirement.

C. Front yard fencing is not required. However, if constructed, the fence shall not exceed a height of forty- two inches in th e required front and side yards and shall be constructe d of d ecorative masonry consistent with the architecture of the main building and the rear and interior side yard fence. (Ord. 263 § 7, 1989)

9.20.120 Open space.

Usable open space shall be provided at a minimum of three hundred square feet for each dwel ling unit.

This space may be provided as private outdoor living areas, balconies, decks or common recreational leisure area. Except in the case of ba lconies, such areas shall be land scaped and screened from the street and adjacent property.
(Ord. 263 § 7, 1989)

9.20.130 Landscaping.

There shall be an approved landscaping and irr igation sy stem installed , subject to the standards of Chapter 8.57, in all areas of the lot not covered b y impervious materials at the time of co nstruction of the main buildings. City parkways shall be included in the landscaping. Natural areas may be integrated int o the landscape plan, provided such natural areas are free of invasive weeds or a source of blo w sand.

9.20.140 Dwelling unit size.

The minimum dwelling unit size, based on number of bedrooms, are as follows:

Bedrooms Minimum Dwelling Unit Size
4 or more 1,350100 sq. ft.
3 1,1000 sq. ft.
2 900 sq. ft.
1 750 sq. ft.

Studio 6050 sq. ft.

(Ord. 263 § 7, 1989)

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9.20.150 Trash enclosures.

Trash enclosures constructed to the requirements of Chapter 9.88 shall be required for all developments. (Ord. 263 § 7, 1989)

9.20.160 Design review.

Approval of development shall be processed per Chapter 9.72. (Ord. 263 § 7, 1989)

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Chapter 9.22

R4 MULTIPLE-FAMILY RESIDENTIAL DISTRICT*

Sections:

9.22.010 Purpose and intent.

9.22.020 Permitted uses.

9.22.030 Conditional uses.

9.22.040 Prohibited uses.

9.22.050 Density.

9.22.060 Lot dimensions.

9.22.070 Yard requirements.

9.22.080 Coverage and building height.

9.22.090 Parking.

9.22.100 Access to parking (driveways).

9.22.110 Fencing.

9.22.120 Open space.

9.22.130 Landscaping.

9.22.140 Dwelling unit size.

9.22.150 Trash enclosures.

9.22.160 Design review.

* Prior ordinance history: Ords. 80, 182 and 212.

9.22.010 Purpose and intent.

To provide appr opriately located areas for mult iple-family dwellings at a high to high high range of population density, and to provide space for comm unity facilities needed to complement urban res idential areas.
(Ord. 263 § 8, 1989)

9.22.020 Permitted uses.

Multiple dwellings;
Supportive housing;
Transitional housing;.

Employee Housing;
Second Dwelling Unit/Accessory Dwelling Unit;
Junior Accessory Dwelling Unit;
Low Barrier Navigation Center;
Group Home.

(Ord. 746 § 4, 2014; Ord. 731 § 7, 2014; Ord. 263 § 8, 1989)

9.22.030 Conditional uses.

The following uses may be permitted subject to a conditional use permit:

Boarding houses and transient occupancy facilities such as emergency housing;

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Churches, convents, monasteries and other religious institutions on a minimum of two acres; Day-care center;
Dwelling, second unit; provided only one si ngle dwelling unit exists on the recorded lot, and further provided that the dwelling meets the definition of a second unit dwelling as defined in Section 9.08.020, and there i s at least one ten -foot by twenty -foot parking space designated specifically for the second unit dwelling. The second dwelling may be placed in the required rear yard, provided the unit is not wi thin five feet of any property line nor covers more than fifty percent of the required rear yard area; Hospitals;
Parking lots serving devel opments approved in an abutting commercial zone, sharing a common property line (or alley) with said proposed lot provided access is not permitted onto the residential street; Planned unit developments;
Private recreational facilities where the recre ational facility is the main use, and ancillary co mmercial uses;
Public parks and recreation facilities;
Public util ity struct ures and public service f acilities; however t ransmission lines serving only the immediate area are permitted without a conditional use permit; Schools, either public or private, but not including business or trade schools. (Ord. 731 § 7, 2014; Ord. 699 § 5, 2011; Ord. 324 § 6, 1991; Ord. 263 § 8, 1989)

9.22.040 Prohibited uses.

Uses not listed in this chapter are expressly pr ohibited. 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. 263 § 8, 1989)

9.22.050 Density.

A. Multiple dwellings at the high density range of 20 to 24 dwelling units per acre shall be permitted on any legally created lot (net lot area). shall be permitte d on a ny legally created lot provided that there shall be a minimum of one unit for eve ry two thousand one hundred seventy-eight square feet of net lot area and a maximum of one unit for every one thousand eight hundred square feet of net lot area.

B. Fractions over a whole unit shall not be considered an allowable unit. (Ord. 746 § 5, 2014; Ord. 263 § 8, 1989)

9.22.060 Lot dimensions.

All newly-created lots shall meet the following minimum net dimensions:

A. Area: forty thousand square feet;
B. Depth: two hundred feet;
C. Width: one hundred feet; however, if it is found that the frontage of the lot must be narrowed because of street design or topograph ical constraints, the minimum l ot width may be red uced provi ded that the dimension at the front property line is not less than thirty-five feet. (Ord. 263 § 8, 1989)

9.22.070 Yard requirements.

All newly-developed lots shall have the following minimum yard dimensions:

A. Front yard: fifteen feet;

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B. Side yard: fifteen feet;
C. Rear yard: fifteen feet, excep t that garages or carports may be located up to five feet from a rear property line provided there is no direct access to an alley; D. Setback to the vehicle entrance of garage or carport shall be twenty feet to any street or alley. (Ord. 263 § 8, 1989)

9.22.080 Coverage and building height.

A. Maximum building coverage shall be sixty-five percent of net lot area; B. Building height shall not exceed thirty -five feet except where the building is within thirty fee t of property zoned RE, R1 or R2. In such cas e, the building height shall not exceed si xteen feet within thirty feet from the proper ty zoned RE, R1 or R2. The planning commi ssion may permit an increase in the height up to twent y-six feet if it is found tha t such increase will not adversely affect adj acent properties. The planning commission review of an i ncrease above sixteen feet shal l be made through a design review application. Notice of the planning commission review of the design review application shall be provided to all property owners within one hundred feet of the subject site. (Ord. 263 § 8, 1989)

9.22.090 Parking.

In addition to all the requirements of Chapter 9.58, the minimum parking shall be as follows:

A. Amount: one and one-half car parking spaces per unit; B. Covered parking: at least one space per unit shall be covered; C. Open parking: to be located in rear yards an d interior side yard only. Open parking spaces shall be constructed of Portland cement concrete;
D. Location of parking: no vehicles shall be parked in any area except w ithin approved garages, carports, or improved open parking spaces.
(Ord. 263 § 8, 1989)

9.22.100 Access to parking (driveways).

All parking spaces and structures shall be served by a driveway, privat e street o r easement that meets the following standards:

A. Width of driveway serving one to three parking spaces: twelve feet; B. Width of driveway serving four to eight parking spaces: sixteen feet; C. Width of driveway serving more than eight parking spaces: twenty-five feet; D. Driveway with a required wid th twe nty feet or less: the first one hundred feet in length shall be constructed of Po rtland cement concrete. After the one hundred -foot distance, the driveway may be constructed of asphalt concrete or other equivalent surface as approved by the city engineer; E. Driveway with a required width over twenty feet: the first twenty-five feet in length shall be constructed of Portland cement co ncrete. After the twenty -five-foot distance, the driveway may be constructed of asphalt concrete or other equivalent surface as approved by the city engineer; F. All driveway improvements shall be constructed to the satisfaction of the city engineer; G. Driveways shall not cover more than thirty percent of the required front or street side yard area. (Ord. 263 § 8, 1989)

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9.22.110 Fencing.

A. At the time of construction of any main buil ding, a six -foot high solid masonry fence shall be constructed on all rear and side lot lines. The fence shall be con structed of decorat ive masonry with finished appearance or wood framed wit h stucco exterior consistent with the architecture of the main building.

B. If a fence exists at the required location, the r equirement may be waived by the director if it is found that the existing fe nce is of sound construction with an expected life of a t leas t ten years. For the purposes of this section, open fences are not considered a fence meeting this requirement.

C. Front yard fencing is not required. However, if constructed, the fence shall not exceed a height of forty- two inches in the required fr ont and side yards and shall be constructed of decor ative masonry consistent with the architecture of the main building and the rear and interior side yard fence. (Ord. 263 § 8, 1989)

9.22.120 Open space.

Usable open space shall be provided at a min imum of three hundred square feet for each dwel ling unit.

This space may be provided as private outdoor living areas, balconies, decks or common recreational leisure area. Except in the c ase of ba lconies, s uch areas shall be landscaped and screened from the str eet an d adjacent property.
(Ord. 263 § 8, 1989)

9.22.130 Landscaping.

There shall be an approved landscaping and irr igation system installed , subject to the standards of Chapter 8.57, in all areas o f the lot not covered by impervious materials at the ti me of construction of the main buildings. City parkways shall be included in the landscaping. Natural areas may be integrated into the landscape plan, provided such natural areas are free of invasive w eeds or a source of blow sand.

9.22.140 Dwelling unit size.

The minimum dwelling unit size, based on number of bedrooms, are as follows:

Bedrooms Minimum Dwelling Unit Size
4 or more 1,35000 sq. ft.
3 1,1900 sq. ft.
2 9800 sq. ft.
1 7500 sq. ft.

Studio 600 sq. ft.

(Ord. 263 § 8, 1989)

9.22.150 Trash enclosures.

Trash enclosures constructed to the requirements of Chapter 9.88 shall be required for all developments. (Ord. 263 § 8, 1989)

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9.22.160 Design review.

Approval of development shall be processed per Chapter 9.78. (Ord. 746 § 6, 2014; Ord. 263 § 8, 1989)

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Chapter 9.24

RR RESORT RESIDENTIAL DISTRICT*

Sections:

9.24.010 Purpose and intent.

9.24.020 Permitted uses.

9.24.030 Discretionary uses.

9.24.040 Prohibited uses.

9.24.045 Non-conforming structures and uses.

9.24.050 Residential density.

9.24.055 Non-residential intensity.

9.24.060 Project area requirements.

9.24.065 Minimum lot width and depth requirements.

9.24.070 Yard requirements.

9.24.080 Building site coverage.

9.24.085 Building height.

9.24.090 Parking.

9.24.100 Access to parking (driveways).

9.24.110 Fencing.

9.24.120 Open space.

9.24.130 Landscaping.

9.24.140 Dwelling unit size.

9.24.150 Trash enclosures.

9.24.160 Storage space.

9.24.170 Signs.

9.24.180 Placement of buildings.

9.24.190 Pedestrian walkways.

9.24.200 Building construction requirements.

9.24.210 Planned unit development lots.

* Prior ordinance history: Ords. 80, 187, 212, 263 and 298.

9.24.010 Purpose and intent.

To provide appropriately located areas for a variety of housing types and visitor-serving and recreation- oriented uses in a resort development setting with ancillary commercial uses. Should there be any conflict in the regulations in this chapter with other regulations in this code, the more restrictive regulations shall apply. (Ord. 666 § 2, 2008)

9.24.020 Permitted uses.

None.

1. Short-term vacation rentals in qualifying residential dwelling units that are located within common interest developments, all as defined in Chapter 5.96 of this Municipal Code.

(Ord. 666 § 2, 2008)

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9.24.030 Discretionary uses.

A. Uses Requiring a Planned U nit Development (PUD) Permit. All uses requiring a division of land require a planned unit development permit, including, but not limited to:

1. Condo hotel;

2. Timeshare;

3. Multiple dwelling units.

B. Uses requiring a Conditional Use Permit (CUP). All us es not requiring a division of land require a conditional use permit, including, but not limited to:

1. Hotel;

2. Motel;

3. Bed and breakfast inn;

4. Recreational vehicle park;

5. Restaurant, except drive-thru(s);

6. Ancillary commercial;

7. Convenience food store;

8. Home occupation;

9. Public or private park;

10. Recreational uses such as a tennis club, health spa, conference or meeting room or facility, golf course, or driving range;

11. Public utility structures and public service facilities;

12. One-family dwelling;

13. Two-family dwelling;

14. Multiple dwelling;

15. Supportive housing;

16. Transitional housing;.

17. Second Dwelling Unit/Accessory Dwelling Unit;

18. Junior Accessory Dwelling Unit;

(Ord. 731 § 8, 2014; Ord. 666 § 2, 2008)

9.24.040 Prohibited uses.

Uses not listed in this chapter are expressly prohibited, including, but not limited to:

A. Drive-thru facility;
B. Industrial;
C. Auto sales and service;
D. Recreational vehicle campground;
E. Manufacturing.

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(Ord. 666 § 2, 2008)

9.24.045 Non-conforming structures and uses.

All legal non -conforming structures and uses shall be subject to Chapte r 9.66 “Nonconf orming Uses, Lots, Structures and Other Improvements,” as may be amended from time to time. (Ord. 666 § 2, 2008)

9.24.050 Residential density.

A. One-family, two-family and multiple dwel lings shall be permitted at a range of 3 to 6.5 dwell ing units per acre on any legally created lot (net lot area) . subject to the following maximum density provided there shall be a maximum of one unit for every six thousand seven hundred square feet of net lot area.

B. Fractions less than a whole unit shall not be considered an allowable unit.

C. No project shall cause traffic level of service (LOS) for roadways within the city to fall below LOS “D,” unless otherwise approved by the city council.
(Ord. 666 § 2, 2008)

9.24.055 Non-residential intensity.

Intensity of all non-residential uses shall be determined by the required discretionary action as set forth in Section 9.24.030. No project shall cause traffic level of service (LOS) for roadways within the city to fall below LOS “D,” unless otherwise approved by the city council. (Ord. 666 § 2, 2008)

9.24.060 Project area requirements.

Minimum lot area for any project to be developed within the RR district shall be two and one-half acres. (Ord. 666 § 2, 2008)

9.24.065 Minimum lot width and depth requirements.

Minimum lot width and depth shall be two hundred fifty feet each. (Ord. 666 § 2, 2008)

9.24.070 Yard requirements.

All yards shall comply with Section 9.94.110(C), “Yards.” (Ord. 666 § 2, 2008)

9.24.080 Building site coverage.

A. Maximum building site coverage for a hotel, motel, condo hotel, or timeshare use shall be no more than sixty percent.

B. Maximum building site coverage for all other uses shall be no more than forty percent. (Ord. 666 § 2, 2008)

9.24.085 Building height.

A. Maximum building height for non-lodging facilities shall not exceed twenty-six feet; where the building is within thirty feet of property zoned RE, R1 or R2, the building height shall not exceed sixteen feet.

The planning commission may permit an increase in the height up to twenty-six feet upon a finding that such an increase above sixteen feet will not adversely affect adjacent properties.

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B. Maximum building height for a lodging faci lity shall not exceed the heights shown below, “Maximum Building Height” and at distances shown in “Distance A” and “Distance B.” Building height may result in a step-back design.

Maximum Building Height Distance A* Distance B**
16 feet Up to 30 feet ————
26 feet Over 30 feet to 100 feet Up to 50 feet
4035 feet Over 100 feet to 200 feet Over 50 feet to 125 feet 50 feet*** Over 200 feet Over 125 feet
* Distance A: Distance from that portion of a building and RE, R1 or R2 district boundary. ** Distance B: Distance from that portion of a building and a residential district boundary other than RE, R1 or R2, or to a non-lodging building in the RR district.
*** The city council may approve a height greater than fifty feet for that portion of a building greater than two hundred feet from the district boundary upon making a finding that such an increase will not adversely affect adjacent properties.

(Ord. 666 § 2, 2008)

9.24.090 Parking.

All off-street parking shall comply with Chapter 9.58, “Off Street Parking.” (Ord. 666 § 2, 2008)

9.24.100 Access to parking (driveways).

All access to parking shall comply with section 9.94.110(C), “Yards.” (Ord. 666 § 2, 2008)

9.24.110 Fencing.

All fencing requirements shall be determined by the required discretionary action as set forth in Section

9.24.030.
(Ord. 666 § 2, 2008)

9.24.120 Open space.

For reside ntial uses, open space shall be co nsistent wi th Sec tion 9.94.110(G), “Open space — Residential.” For nonresidential uses, open space s hall be consistent with Section 9.94.110(H), “Open space required—Nonresidential.”
(Ord. 666 § 2, 2008)

9.24.130 Landscaping.

All landscaping shall comply with Section 9.94.110(I), “Landscaping standards.” (Ord. 666 § 2, 2008)

9.24.140 Dwelling unit size.

The minimum dwelling unit size, based on number of bedrooms, are as follows:

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Bedrooms Minimum Dwelling Unit Size
4 or more 1,350 sq. ft.
3 1,100 sq. ft.
2 9050 sq. ft.
1 750825 sq. ft.
0 6700 sq. ft.
(Ord. 666 § 2, 2008)

9.24.150 Trash enclosures.

All trash enclosures shall comply with Section 9.94.110(K), “Refuse areas .” and constructed to the requirements of Chapter 9.88.
(Ord. 666 § 2, 2008)

9.24.160 Storage space.

Storage space shall comply with Section 9.94.110(J), “Storage of recreat ional vehicles, trai lers and boats.”
(Ord. 666 § 2, 2008)

9.24.170 Signs.

All signs shall comply with Section 9.94.110(L), “Signs.” (Ord. 666 § 2, 2008)

9.24.180 Placement of buildings.

Placement of buildings shall comply with Section 9.94.110(M), “Placement of buildings.” (Ord. 666 § 2, 2008)

9.24.190 Pedestrian walkways.

All pedestrian walkways shall comply with Section 9.94.110(N), “Pedestrian walkways.” (Ord. 666 § 2, 2008)

9.24.200 Building construction requirements.

All building constructi on requirements shall comply with Section 9.94.110(O), “Building co nstruction requirements.”
(Ord. 666 § 2, 2008)

9.24.210 Planned unit development lots.

All planned unit development lots shall co mply with Section 9.94.110(P), “Planned unit deve lopment lots requirements.”
(Ord. 666 § 2, 2008)

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Chapter 9.25

DRN DOWNTOWN RESIDENTIAL NEIGHBORHOOD DISTRICT

Sections:

9.25.010 Purpose and intent.

9.25.020 Permitted uses.

9.25.030 Conditional uses.

9.25.040 Prohibited uses.

9.25.050 Dwelling unit equivalent (d.u.e).

9.25.055 Single-family residential.

9.25.060 Density.

9.25.065 Architectural standards for residential development.

9.25.070 Setbacks.

9.25.080 Height.

9.25.090 Parking.

9.25.100 Fencing and screen walls.

9.25.110 Open space/patios.

9.25.120 Trash and recycling facilities.

9.25.130 Design review.

9.25.140 Conditional use permits.

9.25.010 Purpose and intent.

To provide appropriately located areas for residential dwellings at a medium to high range of population density, and to provide space for community facilities needed to complement urban residential uses. (Ord. 565 § 4, 2002)

9.25.020 Permitted uses.

The following uses shall be permitted in the DRN district:

Home occupations;
One-family dwellings lawfully in existence as of July 1, 2002, subject to Section 9.25.055; Multiple-family dwellings on a minimum lot size of twenty-one thousand square feet; Occupational activities within a live/work unit subje ct to the approval of a live/work permit. Such activities shall not have excessive emissions, exhausts, noise, vibrations, dust, heat, odors, or glare; Supportive housing;
Transitional housing;
Employee Housing;
Second Dwelling Unit/Accessory Dwelling Unit;
Junior Accessory Dwelling Unit;
Other similar uses as are approved by the planning commission. (Ord. 731 § 9, 2014; Ord. 607 § 2, 2005; Ord. 565 § 4, 2002)

9.25.030 Conditional uses.

The following use s may be permitted subject to the issuance of a conditional use permit pursuant to Chapter 9.72:

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Schools and places of worship;
Hotels or inns;
Motels;
Bed and breakfast inns;
Nonresidential uses; such as outdoor common recreation facilities and parks; Multiple-family dwellings on lots between ten thousand square feet and twenty thousand ninety -nine square feet shall be subject to the requirements of Section 9.25.060; New construction and/or conversion of exis ting dwelling units to liv e/work units su bject to the following:

1. The live/work unit shall specifically be designed to be consistent with the DRN (dow ntown residential neighborhood) district.

2. Complete kitchen space and sanitary facilities in compliance with all applicable codes.

3. The work space shall not occupy more than forty percent of the unit.

4. The minimum square footage of a live/work unit shall be one thousand two hundred fifty square feet.

5. All work activities and work space shall be limited to the first floor.

6. Signage can have a maximum of three square feet and illumination is prohibited.

Other similar uses as are approved by the planning commission. (Ord. 607 § 3, 2005; Ord. 565 § 4, 2002)

9.25.040 Prohibited uses.

Uses not listed in this chapter are expres sly pr ohibited. 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. 565 § 4, 2002)

9.25.050 Dwelling unit equivalent (d.u.e).

For the purposes of de termining multiple -family density, the following dwelling unit equiv alent formulas shall be used.

A. Studio units shall be calculated at one half dwelling units.

B. One bedroom units shall be calculated at three fourth dwelling units.

C. Two bedroom units shall be calculated at one dwelling units.

D. Additional bedrooms shall be calcul ated at additional one half dwelling units. For exa mple, a three - bedroom unit would be one and one half D.U.E.
(Ord. 565 § 4, 2002)

9.25.055 Single-family residential.

One-family dwellings may be retained or r eplaced on a legally nonconforming lot of re cord having at least one public street frontage of fifty feet or more and a minimum lot area of at least four thousand five hundred square feet. Any exterior modificatio ns or reconstruction requiring a buil ding permit is subject to design review per Chapter 9.78.
(Ord. 607 § 4, 2005)

9.25.060 Density.

The following densities are available subject to the approval process described in Sections 9.25.020 and

9.25.030:

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Lot Size Density
10,000 to 20,999 square feet 1 D.U.E. to 2,200 square feet of net lot area 21,000 to 41,999 square feet 1 D.U.E. to 1,600 square feet of net lot area Greater than 42,000 square feet 1 D.U.E. to 1,200 square feet of net lot area (Ord. 607 § 5, 2005; Ord. 565 § 4, 2002)

9.25.065 Architectural standards for residential development.

The standards in the downtown development guidelines shall be applied for all residential deve lopment in the DRN zone.
(Ord. 607 § 6, 2005)

9.25.070 Setbacks.

A. Street/alley: average of fifteen feet.

B. Interior: zero feet, or not less than ten feet.

C. Yards that are adjacent to commercial di stricts shall be a minimum of ten feet from the pro perty line.

Exception: detached garages and/or carports may be located zero feet from the property line.

D. Porches and steps may extend a maximum of five feet into the street/alley side setback. (Ord. 565 § 4, 2002)

9.25.080 Height.

A. Building height shall be measured from the adjacent sidewalk or finished grade, whichever is greater in elevation, to the top of cornice, parapet, or eave line. Buildings located on sloped lots shall be measured from the highest elevation point of the finished grade.

B. Height shall not exceed thirty-six feet except:

C. Single family residential shall not exceed twenty-six feet.

D. Additional height may be approved for buil dings constructed above subsurface or surface par king, but in no case shall the overall height exceed forty-eight feet.

E. Special architectural features such as to wers, turrets, cupolas, building entry volumes, or o rnamental portions of parapet walls, may exceed the maximum heights prescribed herein by not more than twelve feet. Special archite ctural fe atures may include habitable space but shall not have a foo tprint greater than twenty-five percent of the footprint of the main building to that it is attached.

F. Rooftop structures such as elevator and m echanical equipment enclosures, or roof deck trellises and gazebos may excee d the height limit by ten feet, provided they are screened by a parapet or a pitched roof.
(Ord. 565 § 4, 2002)

9.25.090 Parking.

Parking shall be determined based upon the following. At least one space per unit shall be e nclosed within a garage.

A. Studio units shall provide one space per unit.

B. One-bedroom units shall provide one and one half spaces per unit.

C. Two-bedroom units shall provide two spaces per unit.

D. Each additional bedroom shall provide one-quarter space per unit.

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E. Multiple-family projects shall provide guest parking at twenty-five percent of the total required parking.

F. Customer parking for live/work units shall have a rate of one space per unit.

G. All parking spaces shall meet the min imum dimensions described in Chapter 9.58. Compact spaces are not considered when calculating required parking.
(Ord. 607 § 7, 2005; Ord. 565 § 4, 2002)

9.25.100 Fencing and screen walls.

A. All fencing shall comply with Section 9.80.120 of the Cathedral City Municipal Code.

B. When open parking areas are located a djacent to perimeter walls , a mi nimum five -foot lan dscape planter shall be provided adj acent to the walls with sc reen trees planted at a maximum spa cing of twenty feet on center.
(Ord. 607 § 8, 2005; Ord. 565 § 4, 2002)

9.25.110 Open space/patios.

A. Common, useable open space sh all be provided for all buildings containing four or more units. A minimum total of two hundred ten square feet of total open space shall be pr ovided for each dwel ling unit.

B. Landscaped courtyards and/or garden areas of at least one hundred square feet per dwelling unit shall be provided.

C. In addition to landscaped common areas, at least sixty square feet per dwelling unit of common outdoor paved deck or patio space shall be provided. This may be in the form of paved areas, common roof deck space, swimming pool and deck area, or any combination thereof. Required outdoor paved deck or patio areas shall be directly connected to the required landscape common areas by walks, stairs and/or ramps.

D. At least fifty square feet of private open space shall be provided for each dwelling unit. This space shall be in the form of a patio, deck or balcony attached to the individual dwelling unit.

E. All multi -family developments contai ning twenty or more dwel ling units shal l provide a swimming pool. Other amenities, s uch as tennis courts or facilities for other court sports, barbecue pits, tot lots, laundry rooms and recreation rooms shall be required in a ccordance with applicable city guidelines for larger developments.
(Ord. 565 § 4, 2002)

9.25.120 Trash and recycling facilities.

Trash and recycling enclosures, constructed to city standards the requirements of Chapter 9.88, shall be required for all develo pments with three or more dwelling units that have alley or privat e common drive access capable of accommodating refuse removal vehicles, and all developments with five or more dwelling units regardless of access. The trash/recycling enclosure shall not be situated within twenty -five feet of the front or main entrance to any dwelling on-site or on adjacent properties. (Ord. 565 § 4, 2002)

9.25.130 Design review.

Approval of design review applications shall be processed pursuant to Chapter 9.78. (Ord. 607 § 9, 2005)

9.25.140 Conditional use permits.

Conditional use permits shall be processed pursuant to Chapter 9.72.

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(Ord. 607 § 10, 2005; Ord. 565 § 4, 2002)

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Chapter 9.26

PPO PLANNED PROFESSIONAL OFFICE DISTRICT

Sections:

9.26.010 Purpose and intent.

9.26.020 Permitted uses.

9.26.030 Conditional uses.

9.26.040 Prohibited uses.

9.26.050 Development standards.

9.26.060 Other special requirements.

9.26.010 Purpose and intent.

To provide appropr iately located areas for the development of professional and administrative office space together with landscaping and off-street parking facilities served by the primar y access. It is intended that this zone protect profe ssional administrative offices fro m noise distu rbances and other objectionable pollutions from industrial uses. It The PPO district is also useful as a buffer district between residential and commercial districts, or between highways major roadways and adjacent residential uses. (Ord. 80 Art. IV(B)(1)(a), 1984)

9.26.020 Permitted uses.

A. The following uses shall be permitted within the PPO dis trict; all such uses shall be co nducted wholly within a totally enclosed building:

Administrative, financial or professional offices, excluding banks; Artist’s studio;
Art school;
Cannabis Testing laboratory;
Clinic, medical or dental;
Counseling services;
Data processing service;
Dental or medical assistant or technician school;
Design studio;
Detective service;
Employment agency;
Fortune telling establishments;
Laboratory, medical or dental;
Language school;
Letter or mailing service;
Library;
Messenger service;
Microfilm service;
Modeling school;
Photography service or studio;
Secretarial or clerical service;
Telephone answering service;

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Temporary uses subject to the conditions of Chapter 9.68;

Such other similar uses as are approved by the planning commission.

B. The following uses shall be permitted in the PPO district only when such uses are co nducted wholly within a totally enclosed building in which a minimum of fifty percent of the floor area is occupied by one or more of the uses enumerated in subsection A of this section:

Art gallery;
Barbershop;
Beauty shop;
Bookstore;
Candy store;
Custom tailoring shop;
Drapery shop;
Florist;
Gift shop;
Interior decorating shop;
Magazine or tobacco counter;
Millinery shop;
Pharmacy;
Restaurant, coffee shop or tearoom, excluding drive-in or fast-food restaurants; Travel agency;
Such other similar uses as are approved by the planning commission. (Ord. 789 § 5, 2017; Ord. 139 § 2, 1986; Ord. 80 Art. IV(B)(1)(b), 1984)

9.26.030 Conditional uses.

The following uses are permitted subje ct to the acquisition of a conditional use permit in acco rdance with Chapter 9.72 and o nly when conducted within a wholly enclosed building, e xcept that a parking lot need not be within a building:

Church;
Exhibit hall;
Hospital;
Museum;
Nursing home;
Office supply store;
Parking lot or parking structure as an acce ssory use, which lot or structure need not be on the lot wherein is located the main use to which it is accessory; Public utility structures and public service facilities; Retail store, used;
Vocational school other than those permitted in Section 9.26.020; Such other similar uses as are approved by the planning commission. (Ord. 502 § 1, 1999; Ord. 80 Art. IV(B)(1)(c), 1984)

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9.26.040 Prohibited uses.

A. Uses not listed in this chapter are e xpressly prohibited. No land shall be used nor buil dings 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.

B. Outdoor advertising displays and billboards are expressly prohibited.

C. Manufacturing uses are expressly prohibited.
(Ord. 212 § 12, 1988; Ord. 80 Art. IV(B)(1)(d), 1984)

9.26.050 Development standards.

The following standards of development shall apply in the PPO district:

A. Lot size and configuration standards shall be the same as those in the R3 district; B. Maximum building height shall be the same as that allowed in the R3 district; C. Minimum front yard shall be fifteen feet e xcept on a lot situated between lots already improved with buildings with reduced front yards, the minimum front yard depth shall be the average of the front yard depths of the adjacent lots;
D. Side yard, streetside yard and rear yard standards shall be the same as those in the R3 district; E. All signs must conform to the provisions of Chapter 9.62; F. Parking requirements shall be as specified under the provisions of Chapter 9.58. (Ord. 80 Art. IV(B)(1)(e), 1984)

9.26.060 Other special requirements.

The following additional requirements shall be enforced in the PPO district:

A. Trash enclosure provisions of the R3 district shall apply; B. Architectural and site plan review shall be required for the development of each site t o assure harmony, convenience and aesthetic qua lity while considering the building design, loc ation of the site, set backs, off-street parking and loading, and landscaping provisions of the development proposal; C. Landscaping and irrigation plans shall be approved by city staff prior to installation. (Ord. 80 Art. IV(B)(1)(f), 1984)

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Chapter 9.28

PLC PLANNED LIMITED COMMERCIAL DISTRICT

Sections:

9.28.010 Purpose and intent.

9.28.020 Permitted uses.

9.28.030 Conditional uses.

9.28.040 Prohibited uses.

9.28.050 Development standards.

9.28.060 Other required conditions.

9.28.010 Purpose and intent.

To provide areas for convenient shopping within r esidential neighborhoods which are planned and designed to meet neighborhood shopping needs.
(Ord. 80 Art. IV(B)(2)(a), 1984)

9.28.020 Permitted uses.

The following uses shall be permitted in the PLC district:

A. Retail stores:

Apparel (not exceeding two thousand square feet;
Auto parts (not exceeding two thousand square feet;
Bakery;
Book or stationery store;
Confectionery store;
Drug store;
Dry goods or notions store;
Florist or gift shop;
Grocery, fruit or vegetable store;
Hardware, paint or electrical appliance store;
Jewelry store;
Meat market or delicatessen store.

B. Office or ground space:

Automobile parking lot;
Offices, business or professional no t exceeding two thousand square feet per business or profe ssional entity.

C. Services:

Bank or similar financial institution;
Barber shop and/or beauty parlor;
Cafe or restaurant (excluding dancing, entertainment or alcoholic beverages); Cannabis Testing laboratory;
Clinic — medical, dental, chiropractic or chiropodist;
Clothes cleaning agency and/or pressing establishment;
Community center;
Dressmaker or millinery shop;

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Laundry agency or self-serve;
Library;
Photographer;
Post Office;
Shoe store and repair;
Tailor.

Such other similar uses as are approved by the planning commission. (Ord. 789 § 6, 2017; Ord. 80 Art. IV(B)(2)(b), 1984)

9.28.030 Conditional uses.

The following uses are permitted subject to the issuance of a conditional use permit pursuant to Chapter

9.72:

Apparel stores in excess of two thousand square feet;
Automobile service station, provided that only minor repairing, battery charging, storage of merchandise and supplies, and lubrication be permitted so long as conducted within a building; Auto parts stores in excess of two thousand square feet; Hotels and motels;
Liquor stores;
Offices of any type exceeding two thousand square feet; Public service facilities and public utility structures; Restaurants serving beer and wine, provided that the sale of such beverages is incidental to the primary restaurant function, and provided, further, that the use does not include a cocktail lounge, bar (except for a service counter or bar without seating facilities, from which patrons may obtain beverages for consumption at tables), entertainment, or dancing;
Retail store, used.

Such other similar uses as are approved by the planning commission. (Ord. 502 § 1, 1999; Ord. 241 § 3, 1989; Ord. 80 Art. IV(B)(2)(c), 1984)

9.28.040 Prohibited uses.

A. Uses not listed in this chapter are expressly pr ohibited. No land s hall be used nor buildings and structures hereafter be erected, altered, enlarged, or othe rwise modified in this zoning dis trict unless said use and improvement is in compliance with the district provisions.

B. Manufacturing uses are expressly prohibited.
(Ord. 529 § 3, 2000; Ord. 212 § 13, 1988; Ord. 80 Art. IV(B)(2)(d), 1984)

9.28.050 Development standards.

The following standards shall apply within the PLC district:

A. All stores, shops or businesses shall be operated wholly within an enclosed building (except automobile service and parking);
B. All products produced on -site, if any, whether primary or incidental shall be sold at retail on the premises and no more th an tw o persons shall be e ngaged in such production (except in caf é or restaurant uses) or in the servicing of vehicles or materials; C. Enterprises which produce or cause any dust, gas, smoke, noise, f umes, odors, or vibrations which in the opinion of the planning commission are detrimental to other property in the neighborhood or to the welfare of the occupants are not permitted;

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D. Accessory uses (not including open storage) cu stomarily incidental to any of the permitted uses and accessory buildings, when located on the same lot, shall be permitted; E. Minimum lot area shall be eight thousand gross square feet; F. Maximum building height shall be thirty feet.
(Ord. 80 Art. IV(B)(2)(e), 1984)

9.28.060 Other required conditions.

Architectural and site pla n app roval pursuant to Chapter 9.78 shall be required for all principal structures including buildings, carports, garages, screen walls, fences and trash enclosures. (Ord. 80 Art. IV(B)(2)(f), 1984)

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Chapter 9.30

PCC PLANNED COMMUNITY COMMERCIAL DISTRICT

Sections:

9.30.010 Purpose and intent.

9.30.020 Permitted uses.

9.30.030 Conditional uses.

9.30.040 Prohibited uses.

9.30.050 Development standards.

9.30.060 Other required conditions.

9.30.010 Purpose and intent.

To provide for retail and service com mercial use s which are of a relatively high intensity and are necessary to provide a wid e range of shopping f acilities and goods, professional and administrative o ffices and entertainment.
(Ord. 80 Art. IV(B)(3)(a), 1984)

9.30.020 Permitted uses.

Animal clinics;
Any permitted use listed in the PLC district;
Cocktail lounges and bars;
Health Clubs, gyms or studios not exceeding five thousand square feet and not operating more than 12 hours within a 24 hour period;
Hotels and motels;
New auto and truck sales;
Nurseries;
Recycling collection facility (small);
Restaurants;
Sexually oriented businesses, subject to full compliance with all licensing and regulatory prov isions of Chapter 5.18 of this code;
Theaters;
Such other similar uses as are approved by the planning commission. (Ord. 373 § 2, 1992; Ord. 347 § 2(a), 1992; Ord. 304 § 3, 1990; Ord. 80 Art. IV(B)(3)(b), 1984)

9.30.030 Conditional uses.

The following uses may be permitted subject t o the issuance of a conditional use p ermit pursuant to Chapter 9.72:

Any use involving outdoor activity or storage except those permitted uses listed in Section 9.30.020, parking appurtenant to other permissible uses;
Auctions;
Automobile repair shops;
Automobile service stations;
Carwashes, limited to self-serve and full-serve only;
Commercial recreation facilities;

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Cannabis Cultivation sites;
Cannabis Dispensaries;
Cannabis Distribution sites;
Cannabis Testing laboratories;
Fast-food restaurants and drive-thrus;
Game arcades;
Private clubs and lodges;
Public service facilities and public utility structures; Retail store—used;
Tattooing establishments (as defined by Chapter 5.34 of this code); Vehicle rental establishments and used vehicle sales (except used vehicles sold in conjunction with the operation of a manufacturer licensed new veh icle sales dealership) subject to the pro visions of Section

9.96.170 pertaining to special provisions applying to miscellaneous problem uses; Vocational or trade schools;
Such other similar uses as are approved by the planning commission. (Ord. 801 § 2, 2017; Ord. 789 § 7, 2017; Ord. 774 § 3, 2016; Ord. 738 § 5, 2014; Ord. 685 § 2, 2009; Ord. 502 § 1, 1999; Ord. 419 § 2, 1995; Ord. 373 § 3, 1992; Ord. 34 7 § 2(b), 1992; Ord. 241 § 4, 1989; O rd. 227 § 2, 1988; Ord. 80 Art. IV(B)(3)(c), 1984)

9.30.040 Prohibited uses.

A. Uses not listed in this c hapter are expressly pr ohibited. No land shall be used nor buildings and structures hereafter be erected, altered , enlarged, or othe rwise modified in this zoning distri ct un less said use and improvement is in compliance with the district provisions.

B. Manufacturing uses are expressly prohibited.
(Ord. 529 § 3, 2000; Ord. 212 § 14, 1988; Ord. 80 Art. IV(B)(3)(d), 1984)

9.30.050 Development standards.

The following standards shall apply within the PCC district:

A. Lot size and configuration standards shall be the same as those in the PLC district; B. Maximum building height shall be thirty-six feet;
C. All products produced on site, if any, whether pri mary or incidental , sha ll be sold at retail on the premises and no more than two persons shall be e ngaged in such production (except in cafe or restaurant uses) or in the servicing of vehicles or materials; D. All signs shall conform to the standards of the sign regulations; E. Enterprises which produce or cause any dust, gas, smoke, noise, fumes, odors or vibrations which in the opinion of the planning commi ssion are detrimental to other property in the neighborhood or to the welfare of the occupants are not permitted;
F. Accessory us es (not involving open storage) cu stomarily incidental to any of the permitte d uses and accessory buildings, when located on the same lot, shall be permitted; and G. All goods, wares, mercha ndise, produce and other commodities which are stored, repaired, offered or displayed for sale or exchange shall be housed in permanent buildings unless being transported, with the exception of business operations customarily transacted out-of-doors, such as (but not limited to):

1. Automobile service stations,

2. Vehicle sales or rental agencies,

3. Outdoor dining,

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4. Plant nursery sales,

5. Statuary or tombstone sales.
(Ord. 141 § 2, 1986; Ord. 80 Art. IV(B)(3)(e), 1984)

9.30.060 Other required conditions.

Architectural and site plan appro val pursuant to Ch apter 9.78 shall be required for all principal structures including buildings, carports, garages, screen walls, fences and trash enclosures. (Ord. 80 Art. IV(B)(3)(f), 1984)

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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 an d service commercial uses which are of a high intensity and are necessary to provide a wide range of entertainmen t venues and facilities, shopping fac ilities, and profe ssional 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 esta blishments, including those serving a lcohol beverages o r pro viding 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;
Health spa;
Hotels and resort hotel;

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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 chir opractic (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 pe rmitted subject to the issuance of a c onditional use pe rmit pursuant to Chapter 9.72:

Antique, exotic or specialty vehicle sales/service;
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 neighbo rhood (DRN) zone. When residential is located above commercial uses, access shall not be pr ovided 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; Supportive housing;
Transitional housing;.

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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 th e 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 tho usand 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 add ition t o 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 r equired to pay only one applicatio n 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 deve lopment of that lot, subject to both of the fo llowing conditions:

1. As of the effective date of the ordinance cod ified 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 par t of a single d evelopment, and the zoni ng for the devel opment is a mixture of MXC (mixed use commercial) and DRN (downtown residential neighborho od), the provisions of either zone shall apply to the entire project area. The planning commission at the time of project a pproval shall make a findin g that states th e pro posed 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);
Tattoo and body piercing establishment;

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Wholesale tobacco store.

B. Uses not specifically listed in this chapter as permit ted or conditionally permitted are e xpressly prohibited. No land shall be used nor buildings and structures her eafter be erected, altered, enlarged, o r otherwise modified in this zoning district unless said use and improv ement 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.

Drive-thru facilities are limited to full-service pharmacies, full-service banks, and eating establishments.

A. Drive-thru faciliti es may be located north of East Palm Canyon Drive and easterly of three hu ndred twenty feet east of the center line of Monty Hall Drive.

B. The allowed drive-thru facility shall obtain a conditional use permit per Chapter 9.72 of the municipal code.

C. The drive-thru facility shall incorporate a porte-cochere of at least thirty-five feet in length or as long as fifty percent of the adjoining length of the building, whichever is greater.

D. An eating establishment with a drive -thru f acility shall also provid e an outdoor dining area with a pleasant and inviting ambiance.

E. The approval body shall make the following f indings in approving a conditional use permit for drive - thru facilities:

1. The drive-thru lanes are screened from the public right-of-way and adjacent properties or uses;

2. Drive-thru service does not constitute a nu isance to adjacent property owners due to tra ffic, noise, odors, or lighting;

3. The drive-thru facility does not create vehic ular 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 archite cture of the drive -thru facility is of a superior quali ty an d 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.

3. Exceptions: properties located along East Palm Canyon Drive, West Buddy Rogers Av enue or property that fronts along Town Square, shall have zero interior setbacks except for public passageways.

B. The corner of a corner buildi ng may be se t 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 t he 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)

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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 co rnice, parap et, or eave line. Buildings located on sloped lots shal l 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 buildin g 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 o r 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 buil dings 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, cupo las, building entry volumes, or o rnamental portions of parapet walls may exceed the maximum heights prescribed herein by not more than twelve feet. Sp ecial architectural f eatures 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 elev ator and m echanical equipment enclosure s, or roof deck trellises a nd 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 fron tages along the Town Square, or as otherwise dete rmined by the city engineer.
(Ord. 697 § 2, 2010; Ord. 565 § 5, 2002)

9.31.090 Parking.

A. If the property is located w ithin the area d efined by East Palm Canyon Drive, Officer David Vasquez Way, Monty Hall Avenue and Cath edral Canyon Drive, off -street parking is provided in the municipal parking structure and no additional parking is required.

B. If the property is not wi thin 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:

1. Retail, eating and drinking establishments, personal and business services, and pr ofessional 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, sha ll 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.

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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 floo r of a building or higher, trash and rec ycling 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 occ upancy 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 s hall have only one ingress/egress for r esidents, except for required emergency exit(s).

B. A single room occupancy facility shall provide seven -tenths parking spaces for each unit. Any pa rtial spaces in this calculation shall be rounded up to the next whole space.

C. Each single room occupancy facility shall p rovide one-half secure bicycle parking facilities for each unit. Any partial spaces in this calculation shall be rounded up to the next whole facility.

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 conta in a bathroom consisting of, at a minimum, one co mmode, one lavatory and one shower.

F. Each single room occupa ncy unit shall contain kitchen faciliti es consisting of , at a minimum, a microwave oven, a sink and a refrigerator.
(Ord. 699 § 6, 2011)

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Chapter 9.32

CTR COMMERCIAL TOURIST AND RECREATION ZONE DISTRICT

Sections:

9.32.010 Purpose and intent.

9.32.020 Permitted uses.

9.32.030 Conditional uses.

9.32.040 Prohibited uses.

9.32.050 Development standards.

9.32.060 Other required conditions.

9.32.010 Purpose and intent.

To accommodate commercial uses which serve the tourist trade. Uses can include a combin ation of retail and service commercial as well as h otel, motel and other transient use facilities. Limited residential uses may be accommodated sSo long as a majority of the site is not devoted to such uses, limited residential use may be accommodated. (Ord. 80 Art. IV(B)(4)(a), 1984)

9.32.020 Permitted uses.

Banks and savings & loans;
Camera shops, photographic studios;
Clothing stores;
Drug stores, delicatessens, and grocery stores;
Dry goods, notions and souvenir stores;
Florist shops;
Golf courses;
Hotels;
Jewelry stores;
Laundry agencies, or shops with coin-operated washers, dryers, or dry cleaning machines; Motels;
Pharmacies and drug stores;
Professional offices;
Public parks and recreation facilities;
Restaurants with or without cocktail lounges, tea rooms or cafes; excluding fast-food restaurants; Sexually oriented businesses, subject to full compliance with all licensing and r egulatory provisions of Chapter 5.18 of this code;
Sporting goods shops;
Such other tourist -serving uses of a similar nature as are approved b y the planning commi ssion. (Ord. 347 § 3, 1992; Ord. 80 Art. IV(B)(4)(b), 1984)

9.32.030 Conditional uses.

The following uses are permitted subject to o btaining a conditional use permit in accordance with Chapter 9.72:

Commercial recreation facilities;
Multi-family dwelling units up to twenty dwelling units per gross acre;

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Public utility structures and public service facilities; Recreational vehicle park subject to provisions of Chapter 9.84; Retail store, used;
Time share residential developments. (Ord. 502 § 1, 1999; Ord. 80 Art. IV(B)(4)(c), 1984)

9.32.040 Prohibited uses.

A. Uses not listed in this chapt er are expressly pr ohibited. No land shall be used nor buildings and structures hereafter be erected, altered, enlarged, or othe rwise modified i n this zoning district unless said use and improvement is in compliance with the district provisions.

B. Manufacturing uses are expressly prohibited.
(Ord. 529 § 3, 2000; Ord. 212 § 15, 1988; Ord. 80 Art. IV(B)(4)(d), 1984)

9.32.050 Development standards.

The following standards of development shall apply in the CTR district:

A. Lot size and yard requirements shall be the same as those in the R3 district; B. Minimum lot area shall be ten thousand square feet;
C. Maximum site coverage shall be fifty percent;
D. Parking requirement shall be determined on the basis of specific uses as defined in Chapter 9.58; E. Maximum building height shall be thirty-six feet or three stories; and F. Signs shall be subject to the provisions of Chapter 9.62. (Ord. 80 Art. IV(B)(4)(e), 1984)

9.32.060 Other required conditions.

Architectural and site plan approval pursuant to Chapter 9 .78 shall be required for all principal structures including buildings, carports, garages, screen walls, fences and trash enclosures. (Ord. 80 Art. IV(B)(4)(f), 1984)

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Chapter 9.34

CBP-1 COMMERCIAL BUSINESS PARK (LIMITED) DISTRICT

Sections:

9.34.010 Purpose and intent.

9.34.020 Prohibited uses.

9.34.030 Permitted uses.

9.34.040 Conditional uses.

9.34.050 Development standards.

9.34.060 Other required conditions.

9.34.010 Purpose and intent.

To provide a land use area which creates a trans ition between office, commercial and light indu strial uses. This district is intended primarily for office and commercial uses with the integration of light industrial uses which are compatible with commercial and residential uses through performance controls. (Ord. 80 Art. IV(B)(5)(a), 1984)

9.34.020 Prohibited uses.

Uses not listed in this chapter are expressly pr ohibited. N o land shall be used nor building s 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. 212 § 16, 1988; Ord. 80 Art. IV(B)(5)(b), 1984)

9.34.030 Permitted uses.

Administrative, professional, educational offices and financial institutions; Any permitted use listed in the PCC district;
Glass and mirror stores;
Off-street parking or parking structures;
Parcel delivery service;
Second hand stores;
Sexually oriented businesses, subject to full compliance with all licensing and regulatory prov isions of Chapter 5.18 of this code;
Wholesale or service businesses catering directly to the consumer; Such other similar uses as are approved by the planning commission. (Ord. 529 § 3, 2000; Ord. 489 § 2, 1998; Ord. 347 § 4(a), 1992; Ord. 80 Art. IV(B)(5)(c), 1984)

9.34.040 Conditional uses.

The following uses may be permitted subject to the issuance of a conditional use permit pur suant to Chapter 9.72:

Any permitted use (including eq uipment rental yards) proposing outside storage or outdoor activ ities, other than outdoor off-street parking;
Auction houses;
Automobile repair shops;
Automobile service stations;

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Car wash, limited to self-serve and full-serve only;
Cocktail lounges and bars not located within three hundred feet of any residential district; Public service facilities and public utility structures; Recycling center;
Recycling collection facility (large);
Tattooing establishments (as defined by Chapter 5.34 of this code; Vehicle rental establishments and used vehicle sales (except used vehicles sold in co njunction with the operation of a manufacturer licensed new veh icle sales dealership) subject to the provisions of Section

9.96.170 pertaining to special provisions applying to miscellaneous problem uses; Such other similar uses as are approved by the planning commission. (Ord. 685 § 3, 2009; Ord. 419 § 2, 1995; Ord. 373 § 4, 1992; Ord. 347 § 4(b), 1992; Ord. 304 § 4, 1990; Ord. 241 §§ 5, 6, 1989; Ord. 80 Art. IV(B)(5)(d), 1984)

9.34.050 Development standards.

The following standards of development shall apply in the CBP-1 district:

A. Minimum lot size shall be eight thousand square feet; B. Minimum lot depth shall be one hundred feet;
C. Minimum lot width shall be eighty feet;
D. Minimum front yard shall be fifteen feet;
E. Minimum side yard shall be zero feet except where abutting a residential district the side yard shall be a minimum of ten feet;
F. Minimum side yard abutting a street shall be ten feet; G. Minimum rear yard shall be fifteen feet except where abutting a less restrictive district wherein the rear yard may be zero feet;
H. Maximum site coverage shall be fifty-five percent;
I. Maximum building height shall be thirty-six feet or three stories, whichever is less; J. Parking requirement shall be determined on the basis of specific uses as prescribed in Chapter 9.58; K. Signs shall be subject to the provisions of the sign regulations of Chapter 9.62. (Ord. 80 Art. IV(B)(5)(e), 1984)

9.34.060 Other required conditions.

A. Architectural and site plan approval pursuant to Chapter 9.78 shall be req uired for all princ ipal structures including buildings, carports, g arages, screen walls, fences, trash enclosur es, and outdoor advertising structures;
B. Proposed uses abutting residential districts shall submit detailed plans for screening and landscaping the common boundary with the residential district;
C. All development shall have landscaping and irrigation plans approved by city staff before installation; D. All uses shall be subject to the performance standards outlined in Chapter 9.86. (Ord. 80 Art. IV(B)(5)(f), 1984)

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Chapter 9.36

CBP-2 COMMERCIAL BUSINESS PARK DISTRICT

Sections:

9.36.010 Purpose and intent.

9.36.020 Prohibited uses.

9.36.030 Permitted uses.

9.36.040 Conditional uses.

9.36.050 Development standards.

9.36.060 Other required conditions.

9.36.010 Purpose and intent.

To provide a land use area which creates a trans ition between office, com mercial and light indu strial uses. This district is int ended to provide a stronger bridge between the commercial and light industrial use categories and to allow the esta blishment of “business park” areas of mixed uses composed of office, commercial and industrial uses.
(Ord. 80 Art. IV(B)(6)(a), 1984)

9.36.020 Prohibited uses.

Uses not listed in this chapter are expressly pr ohibited. No land sha ll 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. 212 § 17, 1988; Ord. 80 Art. IV(B)(6)(b), 1984)

9.36.030 Permitted uses.

Any permitted use listed in the CBP-1 PCC district;
Administrative, professional, educational offices and financial institutions; Automobile repair shops;
Glass and mirror stores;
Off-street parking or parking structures;
Parcel delivery service;
Second hand stores;
Light manufacturing and assembly subject to performance standards class A as defined in Chapter 9.86; Sexually oriented businesses, subject to full compliance with all licensing and regulatory prov isions of Chapter 5.18 of this code;
Wholesale businesses, storage buildings or enterprises (unless listed below as a conditional use); Such other com mercial or industrial businesses of a similar nature as are approved by the planning commission.
(Ord. 685 § 4, 2009; Ord. 529 § 3, 2000; Ord. 347 § 5(a), 1992; Ord. 80 Art. IV(B)(6)(c), 1984)

9.36.040 Conditional uses.

The following uses may be permitte d subject to the issua nce of a conditional use permit pursuant to Chapter 9.72:

Any permitted use proposing outside storage or outdoor activities other than outdoor off-street parking;

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Auction houses;
Automobile body and collision shops;
Automobile service stations;
Cocktail lounges and bars not located within three hundred feet of any residential district; Cannabis Cultivation sites;
Cannabis Dispensaries;
Cannabis Distribution sites;
Cannabis Testing laboratories;
Car wash, limited to self-serve and full-serve only;
Manufacturing sites;
Mini-warehouses;
Public service facilities and public utility structures; Recycling center;
Recycling collection facility (large);
Retail store, used;
Tattooing establishments (as defined by Chapter 5.34 of this code); Vehicle rental establishments and used vehicle sales (except used vehicles sold in conjunction wi th the operation of a manufacturer licensed new veh icle sales dealership) subject to the provisions of Section

9.96.170 pertaining to special provisions applying to miscellaneous problem uses; Such other uses as are listed as conditional uses in the CBP-1 and PCC districts. (Ord. 801 § 2, 2017; Ord. 789 § 8, 2017; Ord. 774 § 4, 2016; Ord. 738 § 4, 2014; Ord. 685 § 5, 2009; Ord. 502 § 1, 1999; Ord. 489 § 3, 1998; Ord. 419 § 2, 1995; Ord. 347 § 5(b), 1992; Ord. 304 § 5, 1990; Ord. 241 § 7, 1989; Ord. 80 Art. IV(B)(6)(d), 1984)

9.36.050 Development standards.

The following standards of development shall apply in the CBP-2 district:

9.36.060 Other required conditions.

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B. Proposed uses abutting residential districts shall submit detailed plans for screening and landscaping the common boundary with the residential district;
C. All developments shall have landscaping and irrigation plans approved by city staff before install ation; and
D. All uses shall be subject to the performance standards prescribed in Chapter 9.86. (Ord. 80 Art. IV(B)(6)(f), 1984)

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Chapter 9.38

NBP NEIGHBORHOOD BUSINESS PARK (TRANSITION) DISTRICT

Sections:

9.38.010 Purpose.

9.38.020 Prohibited uses.

9.38.030 Permitted uses.

9.38.040 Conditional uses.

9.38.050 Development standards.

9.38.060 Other required conditions.

9.38.010 Purpose.

To provide a land use area which creates a transition between residential, office, and commercial uses. (Ord. 530 § 3, 2000; Ord. 80 Art. IV(B)(7), 1984)

9.38.020 Prohibited uses.

A. Uses not listed in this chapter are expressly pr ohibited. No land use shall be used occur nor buildings and structures hereafter be erected, altered, enlarged or otherwise modified in this zonin g district unless said use and improvement is in compliance with the district provisions.

B. Sexually oriented businesses.
(Ord. 530 § 3, 2000; Ord. 80 Art. IV(B)(7), 1984)

9.38.030 Permitted uses.

Animal clinics, veterinarians (no overnight facilities); Caretakers’ residence with permitted main use;
Cemeteries, mortuaries, crematorium, and columbaria;
Landscape nurseries;
Medical clinics, hospitals;
Office, government, professional and medical;
Recreational facilities (indoors);
Research and development services;
Schools, public or private;
Neighborhood Services:

1. Banks or similar financial institutions,

2. Barber shops and/or beauty parlors,

3. Café or restaurant (excluding dancing, entertainment or alcoholic beverage service),

4. Clothes cleaning establishments,

5. Clothing alterations, dressmaking and millinery shops,

6. Clothing laundry including self service,

7. Copy, blueprint and reproduction services,

8. Day care centers,

9. Florist shops,

10. Gift shops,

11. Office supplies,

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12. Pharmacy and drug stores,

13. Photographic processing and studios,

14. Shoe repair;
Stone monument sales and manufacturing (manufacturing indoors only); Cannabis Testing laboratory;. and
Such other similar uses as are approved by the planning commission. (Ord. 789 § 9, 2017; Ord. 530 § 3, 2000; Ord. 80 Art. IV(B)(7), 1984)

9.38.040 Conditional uses.

The following use s may be permitted subject to the issuance of a conditi onal use pe rmit pursuant to Chapter 9.72:

Animal clinics, veterinarians (with overnight facilities); Assisted living and congregate care facilities, subject to the standards of the R -3 zone, and Cha pter

9.98;
Café or restaurant with alcoholic beverage service or entertainment; Churches;
Golfing facilities, driving ranges, academies;
Public service and public utility.
(Ord. 530 § 3, 2000; Ord. 80 Art. IV(B)(7), 1984)

9.38.050 Development standards.

The following standards of development apply to the NBP u nless otherwise specified in approved planned unit development, specific plan or precise plan:

A. Minimum lot size shall be twenty-two thousand five hundred square feet; B. Minimum lot depth shall be one hundred fifty feet;
C. Minimum lot width shall be one hundred fifty feet;
D. Front yard setbacks are as follows:

1. Thirty feet, when facing a major or secondary thoroughfare,

2. Fifteen feet, when facing a collector, local or private street; E. Side yard and rear yard setbacks are as follows:

1. None, when adjacent to a commercial or industrially zoned property,

2. Twenty feet of landscapin g, when adjacent to a residential zone or use. Buildings shall be set back a distance equal to their height,

3. When siding or backing on a public street, the setbacks shall be the same as the front yards; F. All required yards shall be landscaped and maintained pursuant to an approved landscape plan; G. Building coverage—no requirement;
H. Building height—none, except where abutting a residential district or use in w hich case the maximum height shall be equal to the buil ding’s setback from the residential zone or use, in no case shall the setback be less than twenty feet;
I. Parking requirement shall be determined on the basis of specific uses as prescribed in Chapter 9.58; J. Signs shall be subject to the provisions of the sign regulations as prescribed in Chapter 9.62. (Ord. 530 § 3, 2000; Ord. 80 Art. IV(B)(7), 1984)

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9.38.060 Other required conditions.

B. Proposed uses abutting residential districts shall submit detailed plans for screening and landscaping the common boundary with the residential district.

C. All developments shall have landscaping and irrigation plans approved by city staff before installation.

D. All uses shall be subject to the performance standards prescribed in Chapter 9.86.

E. All development shall comply with requirements for outdoor storage and trash enclosures pr escribed in Chapter 9.88.
(Ord. 530 § 3, 2000; Ord. 80 Art. IV(B)(7), 1984)

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Chapter 9.40

I-1 LIGHT INDUSTRIAL DISTRICT

Sections:

9.40.010 Purpose and intent.

9.40.020 Prohibited uses.

9.40.030 Permitted uses.

9.40.040 Conditional uses.

9.40.050 Development standards.

9.40.060 Other required conditions.

9.40.010 Purpose and intent.

To provide a wide diversity of light industrial and service commercial uses in areas where such uses are not likely to have adverse effects upon each other or upon neighboring residential or commercial areas. Uses permitted are those generally regarded as “light industry ,” co nducted primarily i ndoors, but which may require limited outdoor storage or assembly areas.
(Ord. 80 Art. IV(C)(1)(a), 1984)

9.40.020 Prohibited uses.

Uses not lis ted in this chapter are expressly pr ohibited. No land use 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. 212 § 18, 1988; Ord. 80 Art. IV(C)(1)(b), 1984)

9.40.030 Permitted uses.

Animal clinics;
Any permitted use listed in the CBP-1 and CBP-2 districts; Automobile body and collisions shops;
Automobile repair shops;
Bakeries;
Bottling plants;
Breweries;
Draying, freighting or trucking yards or terminals;
Electric or neon sign manufacture;
Furniture manufacture;
Garment manufacture;
Ice and cold storage plants;
Lumber yards;
Machine shops;
Manufacture or prefabricated buildings;
Plastics, fabrication;
Sexually oriented businesses, subject to full compliance with all licensing and regula tory provisions of Chapter 5.18 of this code;
Sheet metal shops;

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Shoe manufacturing;
Stone monument works;
Textile manufacture;
Truck steam cleaning equipment;
Wholesale businesses, warehouses, storage buildings or enterprises. (Ord. 685 § 6, 2009; Ord. 529 § 3, 2000; Ord. 489 § 4, 1998; Ord. 347 § 6, 1992; Ord. 94 § 1, 1984; Ord. 80 Art. IV(C)(1)(c), 1984)

9.40.040 Conditional uses.

The following uses may be permitted subject to the issuance of a conditional use permit pursuant to Chapter 9.72.

Animal boarding kennels and dog kennels;
Carwash, coin operated-manual, self-serve and full-serve permitted; Corporation yards;
Cannabis Cultivation sites;
Cannabis Dispensaries;
Cannabis Distribution sites;
Cannabis Testing laboratories;
Feed and fuel yards;
Fuel storage yards;
Lumber yards;
Manufacturing and in dustrial uses which will not be extremely offensive or obnoxious by reason of emission of odor, dust, smoke, gas, light, noise or vibration; Manufacturing sites;
Public buildings;
Public utility structures;
Recycling center;
Recycling collection facility (large);
Residential uses for caretakers;
Retail sales and services operat ed on the same property and in conjunction with uses specifically allowable in this district;
Retail store, used;
Rubber sales, or fabrication of products made from finished rubber; Tire rebuilding, recapping and retreading;

Truck and automobile service stations;
Vehicle rental establishments and used vehicle sales (except used vehicles sold in conjunction with the operation of a manuf acturer licensed new veh icle sa les de alership) subject to the provisions of Section

9.96.170 pertaining to special provisions applying to miscellaneous problem uses. (Ord. 801 § 2, 2017; Ord. 789 § 10, 2017; Ord. 777 § 3, 2016; Ord. 774 § 5, 2016; Ord. 738 § 3, 2014; Ord. 502 § 1, 1999; Ord. 373 § 5, 1992; Ord. 304 § 6, 1990; Ord. 241 § 8, 1989; Ord. 94 § 1 , 1984; Ord. 80 Art.

IV(C)(1)(d), 1984)

9.40.050 Development standards.

The following standards of development shall apply in the I-1 zone:

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A. Minimum lot size shall be twenty thousand square feet; B. Minimum lot depth shall be one hundred feet;
C. Minimum lot width shall be one hundred feet;
D. Minimum front yard shall be equal to the height of the primary structure on the l ot but in no case less than fifteen feet;
E. Side yard and rear yard setbacks are not r equired for lots located in the I -1 zone unless adj acent to a residential zone, and in such case the side yard shall be a minimum of ten feet unless otherwise specified in an approved development plan;
F. Rear yard setbacks are not required for lots located in the I -1 zone unless adjacent to a reside ntial zone, and in such case the rear yard shall be a minimum of twenty feet unless ot herwise specified in an approved development plan;
G. Maximum site coverage shall be eighty percent;
H. Maximum building height shall be thirty -six feet or three stories except where a butting a res idential district in which case the maximum height shall be that of the residential district, at all locations within fifty feet of the residential district boundary;
I. Parking requirement shall be determined on the basis of specific uses as prescribed in Chapter 9.58; J. Signs shall be subject to the provisions of the sign regulations as prescribed in Chapter 9.62. (Ord. 80 Art. IV(C)(1)(e), 1984)

9.40.060 Other required conditions.

A. Architectural and site plan approval shall be required f or all principal structures including buil dings, carports, garages, screen walls, fences, parking lots and trash enclosures; B. Proposed uses abutting residential districts shall submit detailed plans for screening and landscaping the common boundary with the residential district;
C. All developments shall have landscaping and irrigation plans approved by city sta ff before installation; and
D. All uses shall be subject to the performance standards prescribed in Chapter 9.86. (Ord. 80 Art. IV(C)(1)(f), 1984)

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Chapter 9.42

OS OPEN SPACE DISTRICT*

Sections:

9.42.010 Purpose and intent.

9.42.020 Permitted uses.

9.42.030 Conditional uses.

9.42.040 Prohibited uses.

9.42.050 Density.

9.42.060 Lot dimensions.

9.42.070 Development standards.

* Prior ordinance history: Ords. 80 and 212.

9.42.010 Purpose and intent.

The open space zoning designation is to be placed on property under the following circumstances:

A. When by the nature of its use, such as regional transmission or electricity, or its natural limit ation, such as being subject to flooding or faul ting, make the property inappropriate for hab itation or intensive development.

B. When the pro perty is under public cont rol a nd is intended for development of public uses or preservation as a public resource. Under this circumstance buildings may be permitted. (Ord. 394 § 3, 1993; Ord. 256 § 5, 1989)

9.42.020 Permitted uses.

Agriculture;
Cemeteries.

Public parks and passive open space;
Public buildings; when the public building is ancillary to a public park and/or recreation facility.

Public recreational facilities;
Stormwater drainages, natural and improved;
Utility corridors; and
Wildlife and habitat conservation.
(Ord. 256 § 5(1), 1989)

9.42.030 Conditional uses.

The following uses may be permitted subject to a conditional use permit:

Private recreational facilities and ancillary commercial uses; Public buildings; when the public building is ancillary to a public park and/or recreation facility.

Public parks and recreation facilities;
Public utili ty structures and public service f acilities; however transmission lines serving only the immediate area are permitted without a conditional use permit; Other uses not involving buildings or other permanent improvements, and not involving undue present or future hazard to life or property, within the judgment of the planning commission. (Ord. 801 § 2, 2017; Ord. 789 § 11, 2017; Ord. 774 § 6, 2016; Ord. 394 § 2, 1993; Ord. 256 § 5, 1989)

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9.42.040 Prohibited uses.

Uses not listed in this chapter are express ly pr ohibited. 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. 256 § 5, 1989)

9.42.050 Density.

Residential uses not permitted.
(Ord. 256 § 5, 1989)

9.42.060 Lot dimensions.

All newly-created lots shall meet the following minimum net dimensions:

A. Area: five-acre net lot area.

B. Depth: no minimum.

C. Width: no minimum.
(Ord. 256 § 5, 1989)

9.42.070 Development standards.

Areas within the OS district are to be protected from extensive b uilding encroachment. Necessa ry amenities, appurtenant structures, or public services, e.g., picnic shelters, mausoleums, clubhouses, or public buildings, may be allowed in those areas where such facilities are warranted or necessary provid ed approval is granted under appropriate provisions of this code. Notwithstanding the foregoing, structures to house the cultivation of medical cannabis consistent with the requirements of Chapter 9.108 may be allowed within the OS district.
(Ord. 777 § 4, 2016; Ord. 394 § 4, 1993; Ord. 256 § 5, 1989)

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Chapter 9.44

OS-R OPEN SPACE RESIDENTIAL DISTRICT*

Sections:

9.44.010 Purpose and intent.

9.44.020 Permitted uses.

9.44.030 Conditional uses.

9.44.040 Prohibited uses.

9.44.050 Density.

9.44.060 Lot dimensions.

9.44.070 Yard requirements.

9.44.080 Coverage and building height.

9.44.090 Parking.

9.44.100 Access to parking (driveways).

9.44.110 Fencing.

9.44.120 Patios.

9.44.130 Landscaping.

9.44.140 Dwelling unit size.

* Prior ordinance history: Ords. 80 and 212.

9.44.010 Purpose and intent.

To preserve sensitive environmental areas while allowing high quality family residential areas with very low densities.
(Ord. 256 § 5(2), 1989)

9.44.020 Permitted uses.

Home occupations;
Large family day care homes;
One one-family dwelling per legal lot;
Small family day care homes.
(Ord. 299 § 4, 1990; Ord. 256 § 5(2), 1989)

9.44.030 Conditional uses.

The following uses may be permitted subject to a conditional use permit:

Guest home, provided the unit does not exceed six hund red square feet in area and h as at least one covered parking space in addition to the required space for the main residence; Large family day care homes;
Planned residential developments;
Private recreational facilities and ancillary commercial uses; Public parks and recreation facilities; and
Public util ity s tructures and public service f acilities; however transmission lines serving only the immediate area are permitted without a conditional use permit. (Ord. 256 § 5(2), 1989)

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9.44.040 Prohibited uses.

Uses not listed in this c hapter are expressly pr ohibited. No l and 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. 256 § 5(2), 1989)

9.44.050 Density.

There shall be four density categories in the OS -R zone. These categories will be distinguished on the zone map by a numerical notation following the OS -R symbol which will provide identifi cation of the minimum net lot area. The density categories are:

Category Min. Net Size of Lot
5 5 acres
10 10 acres
15 15 acres
20 20 acres

The city shall determine the proper density factor based on the natural constraints of develo pment, environmental sensitivity of the property and the health, safety and welfare of the citizens. (Ord. 256 § 5(2), 1989)

9.44.060 Lot dimensions.

All newly-created lots shall meet the following minimum net dimensions:

A. Area: as noted under density requirements;
B. Depth: two hundred feet;
C. Width: two hundred feet along a dedicated street frontage property line; however, if it is found that the frontage of the lot must be narrowed b ecause of street design or topographical constraints, the minimum lot width at the street frontage property line shall be fifty feet. (Ord. 256 § 5(2), 1989)

9.44.070 Yard requirements.

All newly-developed lots shall have the following minimum yard dimensions; A. Front yard: fifty feet. However, garages can be place in the front yard up to thirty feet from the property line if the planning commission finds that such design is necessary to reduce grading on the lot.

B. Side yards: twenty feet each.

C. Rear yard: one hundred feet, except garages or carports may be located up to ten feet from a rear property line.
(Ord. 256 § 5(2), 1989)

9.44.080 Coverage and building height.

A. Maximum building coverage shall be ten percent of net lot area; B. Building height shall not exceed twenty-six feet.
(Ord. 256 § 5(2), 1989)

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9.44.090 Parking.

In addition to all the requirements of Chapter 9.58, the minimum parking shall be as follows:

A. Main dwelling: two car parking spaces within a garage.

B. Guest dwelling: one car parking space within a garage.

BC. Location of parking: parking of all ve hicles on the property shall be limited to the garage, approved driveway, or within the required front yard and side yard setback areas.

CD. Maximum parking area: the maximum area d esigned for parking of any type of vehicle shall be one thousand square feet within a garage, carport or any other accessory building. (Ord. 256 § 5(2), 1989)

9.44.100 Access to parking (driveways).

All parking spaces a nd structures shall be served by a driveway that meets the following minimum standards:

A. Width of driveway serving one to three parking spaces: sixteen feet.

B. Width of driveway serving four or more parking spaces: twenty feet.

C. Driveways shall be constructed of Portland cement concrete.

D. Driveways shall not cover more than thirty percent of the required front yard area. (Ord. 256 § 5(2), 1989)

9.44.110 Fencing.

None required.
(Ord. 256 § 5(2), 1989)

9.44.120 Patios.

None required.
(Ord. 256 § 5(2), 1989)

9.44.130 Landscaping.

There shall be an approved landscaping and irr igation system installed , subj ect to the standards of Chapter 8.57, within the front and street side yards at the time of construction of the main building. Natural areas may be integrated into the landscape plan provided such natural areas are free of invasive weeds or a source of blo w sand. Landscaping shall be designed to prevent irriga tion water from flowing over paved surfaces. Turf areas shall be limited , and at least 50% of lot landscaping shall be native and/or drought - tolerant plant materials.
(Ord. 256 § 5(2), 1989)

9.44.140 Dwelling unit size.

The minimum dwelling unit size requirements based on number of bedrooms are as follows:

Bedrooms Minimum Dwelling Unit Size
4 or more 2,500 sq. ft.
3 2,000 sq. ft.
2 or less 1,500 sq. ft.

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(Ord. 256 § 5(2), 1989)

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Chapter 9.46

BB BED AND BREAKFAST INNS*

Sections:

9.46.010 Purpose and intent.

9.46.020 District established.

9.46.030 Permitted uses.

9.46.040 Conditional uses.

9.46.050 Prohibited uses.

9.46.060 Density.

9.46.070 Lot dimensions.

9.46.080 Yard requirements.

9.46.090 Coverage and building height.

9.46.100 Parking.

9.46.110 Access to parking (driveways).

9.46.120 Fencing.

9.46.130 Additional requirements.

* Prior ordinance history: Ord. 80.

9.46.010 Purpose and intent.

To provide appropriately located areas within the city to promote the establishment and maintenance of bed and breakfast inns.
(Ord. 438 § 3, 1996)

9.46.020 District established.

A bed and breakfast district is established and is to be located in the area bounded by Palm Ca nyon Dr., the West Cathedr al Channel, Cathedral Canyon Dr. and Kings Rd. (hereaft er called “district”). Within this district, bed and breakfast inns, excluding that propert y zoned commercial (PCC), shall be the only use allowed by conditional use permit in the area d escribed herein . Further, bed and breakfast inns may be allowed within the district with a conditional use permit in the commercially zoned (PCC) area. (Ord. 438 § 3, 1996)

9.46.030 Permitted uses.

None.
(Ord. 438 § 3, 1996)

9.46.040 Conditional uses.

Bed and breakfast inns. Bed and breakfast inns must meet the minimum criteria as follows:

A. Each bed and breakfast inn must have an onsite manager/innkeeper; B. Each use permit approval shall specify the maximum number of rooms allowed in each ind ividual bed and breakfast inn operation;
C. Low intensity onsite lighting shall be required as a security and safety measure;

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D. Fire and life safety requirements will b e imposed by the city’s fire and building depar tments contingent upon the intensity of each bed and breakfast inn use. An example of the mi nimum requirements for a bed and breakfast inn occupancy would be the installation of a pproved smoke detectors in each lodging room, installation of an a pproved fire extinguisher in the structure and finally the inclusion of an evacuation plan posted in each lodging room. The maximum requirement which might be sought by the fire department would include, in addition to the items mentioned above, a fully automatic fire detection system or a fire sprinkler system;
E. The fire department shall conduct an annual inspection of each bed and breakfast inn use; F. Applicants for bed and breakfast inn uses shall receive written ap proval of the Riverside County health department prior to the business becoming operational;
G. Renting of the bed and breakfast inn f acilities for a special gatheri ng (i.e., wedding reception, party) may be allowed subject to planning department approval through a special use permit per event; H. “Bed and breakfast inn” means any res idential dwelling in which roo ms are rented to pa ying guests on an overnight basis wi th not more than one meal served daily, the entire service to be i ncluded in one stated price;
I. Individual bed and breakfast inn units shall not contain cooking facilities; J. A business license shall be obtained in accordance with this code; K. All bed and b reakfast inns shall be subject to the provisions of Chapter 3.24 of this code r egarding hotel-motel room tax.

L. Meals shall be served only to residents and overnight guests; and M. Each operator shall keep a list of the names of all persons staying at the bed and breakfast inn operation.

Such list shall be available for inspection by city police officials at any time. (Ord. 438 § 3, 1996)

9.46.050 Prohibited uses.

Uses not listed in this chapter are expressly pr ohibited. No land shall be used nor bu ildings 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. 438 § 3, 1996)

9.46.060 Density.

As allowed by the conditional use permit.
(Ord. 438 § 3, 1996)

9.46.070 Lot dimensions.

Minimum dimensions for a lot within the BB zone are as follows:

A. Area: seven thousand square feet.

B. Depth: one hundred feet.

C. Width: seventy feet.
(Ord. 438 § 3, 1996)

9.46.080 Yard requirements.

A. Front yard: twenty feet.

B. Side and rear yards: five feet; corner lots ten feet along the street frontage.

C. Buildings with more than one story shall increase all setbacks by fifty percent.

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(Ord. 438 § 3, 1996)

9.46.090 Coverage and building height.

A. Maximum building coverage shall be sixty percent;
B. Building height shall no t exceed twenty -six feet; where the building is within thirty feet of property zoned RE, R1 or R2, the buildin g height shall not exceed six teen feet. The pla nning commission may permit an increase in the height up to twenty -six feet upon a finding that suc h increase will not adversely affect adjacent properties. The planning commission review of an increase above sixteen feet shall be made through a conditional use permit or amendment to an existing CUP application. Notice of the planning commission review of the CUP application shall be provided to all property owners within three hundred feet of the subject site.
(Ord. 438 § 3, 1996)

9.46.100 Parking.

Off-street parking shall be required at a ratio of one parking space per room, plus one parking space pe r manager and/or staff. Off-street parking areas shall be paved with asphalt or concrete. (Ord. 438 § 3, 1996)

9.46.110 Access to parking (driveways).

As required per Chapter 9.94 concerning planned unit development. (Ord. 438 § 3, 1996)

9.46.120 Fencing.

A. A six-foot high fence shall be required along the property line of the rear and all interior side yards of a project within the BB zone. The fence shall be constructed of decorative masonry or wood framed with stucco exterior consistent with the architecture of the main buildings.

B. Front yard fencing is not required. However, if constructed, the fence shall not exceed a height of forty- two inches in the requir ed fr ont an d side yards and shall be constructed of decor ative masonry consistent with the architecture of the main building and the rear and interior side yard fence.

C. If a fence exists at the required location, the requirement may be waived. Waiver may be granted if it is found that the existing fence is of sound construction with an expecte d life of at least ten years. For the purposes of this se ction, open fences made of materials such as wrought iron and chain link are not considered a fence.
(Ord. 438 § 3, 1996)

9.46.130 Additional requirements.

A. Landscaping. As required per Chapter 9.94, concerning planned unit development.

B. Trash Enclosures. As required per Chapter 9.94 concerning planned unit development.

C. Signs. As required pursuant to Section 9.62.260 concerning “hotel/motel entry signs.” D. Building Construction Requirements. As r equired per Chapter 9.94, concerning planned unit development.

E. Plan Approval. Approval of development s hall be processed as a condit ional use permit per Cha pter

9.72. F. All development standards not enumerated herein shall conform to those standards of this title. (Ord. 438 § 3, 1996)

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Chapter 9.48

DENSITY BONUS AND AFFORDABLE HOUSING PROGRAM

Sections:

9.48.010 Purpose and intent.

9.48.020 Density bonus.

9.48.030 Procedures for implementation

9.48.010 Purpose and intent.

A. To incorporate the Sta te Density Bonus r equirements, as set forth in California Gover nment Code Sections 65915 through 65918, as amended.

B. Increase production of affordable housing, consistent with the city’s goals, objectives, and policies.

C. Implement the provisions of the city’s general plan housing element policies and programs rela ting to the provision of affordable housing.
(Ord. 668 § 3, 2009)

9.48.020 Density bonus.

The city of Cathedral City hereby incorp orates the rules and regulations of the State’s De nsity Bonus Law, currently codified at Government Code Sections 65915 through 65918, as amended from time to time. (Ord. 668 § 3, 2009)

9.48.030 Procedures for implementation
The city council of the city of Cathedral City shall adopt, by resolution, procedures for the implementation of this chapter. (Ord. 668 § 3, 2009)

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Chapter 9.50

S SPECIFIC PLAN OVERLAY ZONE

Sections:

9.50.010 Purpose and intent.

9.50.020 Application.

9.50.030 Permitted uses.

9.50.040 Other required conditions (all specific plan overlay zones).

9.50.010 Purpose and intent.

A. To facilitate development within the city in a ccordance with the general plan by permitting greater flexibility and encouraging more creative and imaginative designs for major urban development projects subject to large-scale community planning;
B. To promote more economical and efficient use of the land while providing a harm onious var iety of housing cho ices and commercial and i ndustrial ac tivities, a high level of urban amen ities, and preservation of natural and scenic qualities of open space; C. To provide a process for initiation, review, and regulation of large-scale comprehensively planned urban communities that affords the m aximum flexibility to the developer within the context of an overall development program an d specific, phased development plans coo rdinated with the provisions of necessary public services and facilities. (Ord. 80 Art. IV (F)(2)(a), 1984)

9.50.020 Application.

The S specific plan overlay zone shall be a pplied in a uniform manner to those areas so designated on the land use exhibit of the general plan, as corr espondingly indicated on the official zoning map. When only a portion of a parcel of land lies wit hin the designated specific plan overlay, the provisions of this section shall to the entire parcel. (Ord. 80 Art. IV (F)(1)(b), 1984)

9.50.030 Permitted uses.

A. In the S specific plan overlay zone any principal use or conditional use permitted in the underlying zone is permitted subject to the cond itions and restrictions which are negotiated as a part of the specific plan approval process.

B. In addition, uses complimentary to the base designation may also be established as a part of the specific plan approval so long as they constitute less than twenty percent of the S specific plan overlay area.

C. A development agreement shall also be r equired which will outline the phasing schedule of dwelling units, the commercial square footage if applicable, and on-site and off-site improvements. (Ord. 80 Art.

IV (F)(1)(c), 1984)

9.50.040 Other required conditions (all specific plan overlay zones).

Architectural and site plan approval shall be r equired for all developments proposed within an S specific plan overlay zone. More specific requirements for the specific plan submittal and approval process is prescribed in Chapter 9.60. (Ord. 80 Art. IV (F)(1)(d), 1984)

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Chapter 9.52

H HILLSIDE PROTECTION REGULATIONS*

Sections:

9.52.010 Purpose and intent.

9.52.020 Findings.

9.52.030 General plan amendment.

9.52.040 Objectives, policies and programs.

9.52.050 Definitions.

9.52.060 Implementation.

9.52.070 Guidelines.

9.52.080 Exemptions for certain projects.

9.52.090 Amendment.

* Prior ordinance history: Ords. 80 and 212.

9.52.010 Purpose and intent.

The purpose and intent of this chapter is to:

A. Clearly state a citizens’ policy governing pre servation of the Santa Rosa Mountains located within the city limits, t he sphere of influence or the jurisdiction of the city, or any lands proposed for annexation by the, city, particularly lands from the area of Pal m Springs, Califo rnia designated the Palm Hills Sector.

B. Protect and preserve significant open space areas, including hillsides, ridgelines, view corridors, scenic vistas, and other environmentally sensitive habitat portions of the Palm Hills Annexation Sector.

C. Guarantee the right of Cathedral City cit izens to determine land use policies for those po rtions of the Santa Rosa Mountains wit hin the city limits or sph ere of influence, or lands a nnexed by, or under the jurisdiction of the city.

D. Preserve a nd promote the public health, safety, and general welfare by limiting development in the Santa Rosa Mountains so as to avoid impacts to vis ual and biological resources, and limit the potential for erosion and flooding.

E. Ensure adequate citizen participation in, and monitoring of, discretionary land use appro vals by the city within the Santa Rosa Mountains.

F. Provide for developments which will result in preservation of the natural character of the hillside. (Ord. 434 § 2, 1996)

9.52.020 Findings.

A. The Santa Rosa Mountains are a Valuable Natural Resource. This resource provides a visually appealing backdrop to the city and is an environme ntal and bi ological ecosystem of importance to all citizens of the city. The qua lity of life in the city is uniquely enhanced by sweeping views of the tranquil hills surroun ding the community. These hills constitute a significa nt natural topographical feature of the community because they are visible to citizens residing in and around Coachella Valley as well as to all p ersons, residents, or visitors traveling the major highway arterials. It is e ssential to preserve and respect the natural topographical features of the hills surrounding this community.

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B. Continued Rapid Growth is Projected. Co achella Valley’s population is projected, by the Riverside County department of finance, to more than double in the twenty-year period 1990—2010 from 215,256 to 498,754. Cathedral City’s population is projected to increase sixty-eight percent in the same period.

The Palm Hills Annexa tion is a potential e xpansion area for development requiring appropriate means of protection from projected gr owth. The absence of protecti on will cause severe socia l, economic and environmental problems. Palm Hills Annexation Sector protection is necessar y to mai ntain the health, safety, welfare, and quality of life of the citizens of the city. Therefore, the pub lic health, safety, and general welfare will be enhanced and promoted by the adoption of this chapter.

C. This Chapter is Necessary to Protect the Health, Safety, and Welfare of the Citizens of the City. The citizens of the city have consi dered the effect, if any, this action may have on development of the hillside and have balanced development needs against the public service needs of its res idents and have determined that this chapter is necessary to promote and protect the public health, safety, and welfare.

D. This Chapter Allows B alanced and Pr udent Develo pment in th e Palm Hills Annexation Sector. This chapter insures that Palm Hills Annexation Sector development will occur in a balanced and prudent manner, which will allow Palm Hills Annexation Sector landowners a reasonable use of their land while protecting the city’s residents through appropriate regul atory mechanisms and policies to the exte nt, if any, to which this chapter operates.

E. Increased Opportunity for Citizen Partic ipation is Desirable. A s preservation of this natura l resource is of importance to all citizens, the existing practice of notifying only those property owners within thr ee hundred feet of a pr oposed project site provides inadequate oppo rtunity for affected parties to participate in the city’s decision -making process. Typically, hill sides and u ndeveloped areas contain few land owners. Consequently, by increasing the radius , more individuals will be given n otice, which will result in an increased and more desirable level of community involvement. (Ord. 434 § 2, 1996)

9.52.030 General plan amendment.

The people of the city do hereby adopt a Palm Hills Annexation Protection Plan as part of the ge neral plan and direct the city council to amend all other elements of the general plan, any zoning ordinance, and the municipal code as necessary to ensure their consistency with the Palm Hills Annexation Protection Plan.

The Palm Hills Annexation Protection Plan may consist of the objectives, policies, and programs set forth in this chapter.
(Ord. 434 § 2, 1996)

9.52.040 Objectives, policies and programs.

In order to preserve and protect the open space resources of the Palm Hills Annexation Sector, including the visual, biological, and nonintrusive re creational resources, the following obje ctives, pol icies and programs shall be implemented:

A. The P alm Hi lls Annexation Sector, as d efined in Section 9.52.050, will be permanently pr otected to preserve the visual, biological and non-intrusive recreational values of this area.

1. The city will require protection of the Palm Hills Annexation Sector through the following programs:
a. Prior to annexation, a minimum of sixty -five percent of a ll lands in the Palm Hills Sector will be reserved as open space. Such open space shall be left in a natural s tate, except that land d eveloped as golf courses and public parks shall constitute open space. b. Single-family residential development is a llowed at a density of one residential unit per twenty acres, except that one dwelling unit may be approved for lots less than twenty acres existing as of the effective

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date of the ordinance codified in this chapter. Clustering of residential units will be allow ed at a density of one residential unit per one acre lot if the terrain prohibits building in the aforementioned manner. c. Development in the Palm Hills Annexation Sector is restricted to residential uses only. d. Grading shall be limited to building pads and access roads in order to preserve environme ntally sensitive habitat lands, to discourage scarring of the hillside areas and to encoura ge the maximum retention o f nat ural t opographic features, such as natural drainage swales, slopes, rock outcropping, vistas, and natural plant assemblages. Said grading limitation shall be required as a condition of approval for all discretionary approvals in the Palm Hills Annexation Sector. e. Ridgelines shall not be subject to development.
f. Development, grading, cle aring, or any other activity or use damaging to environmentally sens itive habitat lands shall be prohibited un less measures necessary to protect and preserve the environmentally sensitive habitat lands and scenic vistas are guaranteed. g. The city shall de velop design criteria, building techniques, building forms, materials and co lors, landscape concepts, including use of native vegetation, and other standards to protect and preserve open space values and scenic vistas, and to ensure compatibility of structures with the surrounding terrain. h. Access road design shall respect the nat ural contours of the land, minim ize grading r equirements and minimize the percentage of land devoted to streets. The land graded for road right -of-ways purposes through slopes not otherwise permitted to be graded herein does not include or permit construction of an increased number of building pads other than those permitted within the sector. i. Development of golf courses shall be limited to only those lands in the eastern portion of the Palm Hills Annexation Sector, more partic ularly described as: Sec. 3, T5S, R5E, SBM; Sec. 4, T5S, R5 E, SBM; Sec. 9, T5S, R5E, SBM , in the County of Riversi de, State of California. (See Exhibit A attached to the ordinance codified in this chapter.
j. Development in the Palm Hills Annexation Sector shall not be permitted in areas where the slope of the property exceeds ten percent.
k. The city shall fully coop erate in intergovernmental planning and development of programs to achieve conservation of natural resources in the Santa Rosa Mountains valleywide.

2. The city council may, upon receiving a four -fifths vote, modify and vary the t erms of the aforementioned programs, excluding the programs set forth in subsections (A)(1)(b), (e) and (i) of this section, if the slope of the pro perty does not exceed twenty percent and if u nusual circumstances exist.

The city council shall consider, bu t not be limited to, the f ollowing factors when evaluating whether unusual circumstances exist:
a. The physical location of the property;
b. The visibility of the property to other parts of the community; and c. The effect the development will have on the surrounding environment.

B. The Palm Hills Annexation Protection Plan will be extended to those lands within the Sant a Rosa Mountains which may in the future fall within the city’s jurisdiction.

1. The city shall require any la nds within the Santa Rosa Mou ntains, which in the futur e fall within the city’s jurisdiction, to be designated as part of the Palm Hills Annexatio n Prote ction Sector, thereby extending the same protections this chapter affords through the following programs:
a. Prior to the annexation of any lands within the S anta Rosa M ountains, the city shall prepare a Palm Hills Annexation Protection Plan for the ultimate development of the area proposed for annexation.

Until such plan is adopted by the city, the city sh all not, unless otherwise co mpelled by law to do so, initiate or approve such annexations or annexation agreements to the city. Upon adoption of t he plan

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required by this section, the city shall only initiate and/or approve annexations and annexation agreements that are consistent with the law and the plan. b. The Palm Hills Annexation Protection Plan for the proposed annexation area shall meet, at a minimum all of the following:
i. The plan shall extend the provisions of this chapter to the proposed annexation area; ii. The residents of the proposed annexation area, if a ny, shall participate in the adoption and the implementation of the plan. Said r esidents shall be afforded notice in accordance with this chapter’s notice provisions.

C. Citizens shall have the opportunity to partic ipate in decisions affecting t he Pa lm Hil ls A nnexation Sector.

1. The city will require the following notices to be given:
a. The city shall provide timely notice of all public hearings, preparation of Environmental Impact Reports and Notices of Intent to adop t Negative Declarations or Exemptions regarding projects within the Palm Hills Annexation Sector. Said notice shall b e given to all pro perty owners and occ upants of property who will be affected by the pr oject. At a minimum, th e city shall mail a notice to all property ow ners and occupants of property within one thousand feet of the subject property.

D. In order to prote ct the natural environment and preserve the open space resources of the Palm Hills Annexation Sector, includin g the visual, biological, and non-intrusive recreational r esources, the city council shall establish a Cathedral City mountain conservancy or a Cathedral City land-holding trust.

1. A Cathedral City mountain conservancy or a Cathedral City land -holding tru st shall e nhance the efficiency and governmental effectiveness of the Palm Hills Annexation Sector. a. The governing body of the conservancy or land-holding trust shall be comprised of five voting members appointed by the city council.
b. The conservancy or land-holding trust may s elect and acquire real proper ty or interests therein, for the purposes of protecting the nat ural environment and preserv ing the open space r esources of the Palm Hills Annexation Sector.
c. The conservancy or land-holding trust may improve and develop lands, i n accordance with this cha pter and the general plan of the city, for the purposes of protecting the natural env ironment and the open space resources of the Palm Hills Annexation Sector.
d. The conservancy or land -holding trust may conduct hearings and make recommendations to the planning commission regarding deve lopment within the scope of this measure or amendments to t his chapter.
(Ord. 434 § 2, 1996)

9.52.050 Definitions.

For purposes of this chapter, the following words and phrases shall have the following meanings:
“Effective date” means the date on which the ordinance codified in this chapter was adopted by the c ity council or ten days after its adoption by the voters at the polls, whichever occurs first. “Environmentally sensitive habitat” means all lands which support unique, rare, endangered, threatened, or sensitive species of animals or plants, inclu ding buffer areas. This definition shall be broadly interpreted to give the maximum possible protection to environmental resources. “Indian Tribal Lands” include, but are n ot li mited to, all lands within the limits of an Indian Reservation, all dependent Indian communities and all Indian allotments granted by a governmental agency. “Palm Hills Annexation Protection Sect or” means those portions of t he Santa Rosa Mountains lo cated outside the city limits on the effective date of the ordinance codified in this chapt er, including, but not

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limited to, Assessors No. 686-130-009 and No. 686-130-011. Palm Hills Annexation Protection Sector shall not include any Indian Tribal Lands. (See Exhibit B attached to the ordinance codified in this chapter. “Residential developmen t” means develo pment of any type of dwelling unit or units suitable or designed for human habitation, includin g but not limited to, single family homes, “homes”, as allowed by this title, but not including hotels, motels, licensed convalescent homes, comme rcially operated retirement homes, time share units, or the like. “Residential development” shall not include remodeling or reconstruction where no new dwelling unit is created.
“Santa Rosa Mountains”, as affected by this chapter, means generally the mountainous area surrounding the Cathedral Canyon Cove Sector South of Highway 111 as designated in the city’s gen eral plan. The area includes the ridgelines and hill fa ces, which provide the mountainous back drop to the city. The area excludes any Indian Tribal Lands.
(Ord. 434 § 2, 1996)

9.52.060 Implementation.

The city council and all city agencies, boards, and commissions are directed to t ake any and all further actions necessary to carry out this chapter, including, but not limited to, adoption and implementation of any amendments to the general plan, the zo ning ordinance, and the Municipal Code. The city shall commence implementation of t his chapter as a matter of the highest priority within six months after the o rdinance codified in this chapter is adopted.
(Ord. 434 § 2, 1996)

9.52.070 Guidelines.

The city council may adopt guidelines to i mplement and inter pret this chapter following p ublic notice and public hearing, provided that any such guidelines shall be consistent with the purposes, intent, fin dings, and content of this chapter.
(Ord. 434 § 2, 1996)

9.52.080 Exemptions for certain projects.

A. This chapter shall apply to all prop erties and projects covere d by its terms, except it shall not apply to any project which has obtained a vested right to d evelop under California or federal law as of the effective date of the ordinance codified in this chapter.

B. The construction of one single-family home on a legal lot of record in existence on the effective date of the ordinance codified in this cha pter shall be exempt to the extent necessary to avoid an unconstitutional taking of private property.
(Ord. 434 § 2, 1996)

9.52.090 Amendment.

This chapter may be amended only after the following steps have been taken:

A. Conservancy/Land-Holding Trust — Public Hearing. The Cathedral City mountain conse rvancy or the Cathedral City land-holding trust shall hold at least one public hearing befo re any amendment is made to this chapter. Notice of the time and place of the public hearing shall be published at least ten calendar days before the hearing in a newspaper of general circulation published and circulated within the city. In addition, notic e shall be mailed to res idents in acc ordance with Section 9.52.040(C)(1)(a) of this chapter.

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B. Conservancy/Land-Holding Trust — Action. The approval by the conservancy or land -holding trust of an amendment to this chapter shal l be by resolution carried by the affirmative vote of n ot less than a majority of its total voting members. Upon approval by the co nservancy or la nd-holding trust, the amendment to this chapter shall be transmitted to the planning commission.

C. Planning C ommission — Public Hearing. T he planning commission sha ll ho ld at least one public hearing before any amendment is made to this cha pter. Notice of the time and place of the public hearing shall be published at least ten cale ndar days before the hearing in a newspaper of general circulation published and circul ated within the city. In addition, n otice shall be mailed to residents in accordance with the provisions of Section 9.52.040(C)(1)(a) of this chapter.

D. Planning Commission — Action. The approval by the planning commission of an amendment made to this chapter shall be by resolution of the commission carried by the affirmative vote of not less t han a majority of its total voting members. Upon approval by the planning commission, the amendment to this chapter shall be transmitted to the city council.

E. City Council — Public Hearing. Before adop ting the amendment to this chapter, the city council shall hold at least one public hearing. N otice of the time and place of the hearing shall be published at leas t ten calendar days before th e hearing in a newspaper o f gen eral c irculation published and circulated within the city. In addition, notice shall b e mailed to res idents in accordance with the provisions of Section 9.52.040(C)(1)(a) of this chapter.

F. City Council — Action. No amendment to this chapter shall pa ss unless carried by the affirmative vote of four-fifths of the city council.
(Ord. 434 § 2, 1996)

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Chapter 9.54

LH LIMITED HEIGHT OVERLAY ZONE*

Sections:

9.54.010 Purpose and intent.

9.54.020 Limited height.

9.54.030 Increase in height.

9.54.040 Side yards.

9.54.050 Privacy.

9.54.060 View protection.

9.54.070 Findings.

9.54.080 Application.

9.54.090 Graphics.

* Prior ordinance history: Ord. 80.

9.54.010 Purpose and intent.

The purpose and intent of the limited height overlay zone is to provide a meth od to protect views and privacy in certain areas of the city where views are a significant property amenity, especially in areas where the existing buildings are predom inantly one story in height. The LH overlay only establishes r egulations regarding heights of buildings.
(Ord. 247 § 3, 1989)

9.54.020 Limited height.

Notwithstanding any provision regarding building height regulations of the base zone, buildings in areas subject to the LH overlay shall not exceed sixteen feet in height, except as specified herein. (Ord. 247 § 3, 1989)

9.54.030 Increase in height.

The planning commission may permit an increase in the limited height up to twenty-six feet. In addition to any conditions placed on an appli cation by the planning commis sion, all buildings over s ixteen feet in height shall be so designed and constructed to meet all requirements of this overlay zone. (Ord. 247 § 3, 1989)

9.54.040 Side yards.

No portion of the building shall exceed sixteen feet in height as measured ten feet from any interior side lot line.
(Ord. 247 § 3, 1989)

9.54.050 Privacy.

To provide protection of privacy, buildings over sixteen feet in height shall have no windows lower than sixty inches from the floor of the second st ory which face directly towar ds or directly overlook any interior side property line. In addition, evergreen trees that at maturity reach a height of at least twenty-five feet shall be planted in locations that protect privacy of the adjacent properties as determined by the city planner. The

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planning commission may deny or condition an application for height increase if it finds that such increase will result in undue invasion of privacy for adjacent properties. The planning commission may also add conditions for an approval to protect privacy.
(Ord. 554 § 1, 2001; Ord. 247 § 3, 1989)

9.54.060 View protection.

Buildings over sixteen feet in height shall be so designed as to protect views of neighboring prope rties.

The planning commission may deny or cond ition an application for height increase if it finds that such increase will result in undue o bstruction of view from neighboring properties. The pl anning commission may also add conditions for an approval to protect views. (Ord. 247 § 3, 1989)

9.54.070 Findings.

When making findings regarding privacy or view protection, the planning commission shall recognize that it is not possible or necessary th at all privacy and views be maintained. The goal of these regulations is to provide sufficient safeguards so p rivacy is not unnecessarily i nvaded or views unreasonably blocked to a point that the livability and value of surrounding properties is adversely impacted. (Ord. 247 § 3, 1989)

9.54.080 Application.

The planning commission review of such an i ncrease shal l be made through a design re view application. In makin g their determination, the planning commission shall consider the topography of the site, finished grading of the subject site, the heights of buildings on adjacent lots and general compatibility of such increase in height with other buildings in the immediate vicinity. Notice of the planning commission review of the design review application sh all be provided to all property owners within one hundred feet of the subject site.
(Ord. 247 § 3, 1989)

9.54.090 Graphics.

In addition t o requirements of the desi gn r eview a pplication, the applicant shall submit a graphic presentation showing all possib le view obstructions and/or loss of privacy of neighboring properties. These graphics may be photographs, elevation plans, cross-sectional plans, grading plans, view projection plans, or any other graphics that will allow the planning commission to make an informed judgment. (Ord. 247 § 3, 1989)

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Chapter 9.56

P/IH PUBLIC/INSTITUTIONAL HOUSING OVERLAY DISTRICT

Sections:

9.56.010 Purpose and intent.

9.56.020 District established.

9.56.030 Permitted uses.

9.56.040 Conditional uses.

9.56.050 Prohibited uses.

9.56.060 Requirements for emergency homeless shelters.

9.56.070 Development standards for emergency homeless shelters.

9.56.010 Purpose and intent.

To provide a ppropriate areas within the city to locate institutional housing that includes eme rgency homeless shelters and supportive and trans itional housing, in addition to uses enumerated in the underlying zone and to accommodate at least one year-round emergency homeless shelter. (Ord. 699 § 8, 2011)

9.56.020 District established.

An institutional ho using overlay district is e stablished and is to be overlaid on certain I -1 (Light Industrial) districts, as designated by P/IH on the official zoning map of the city. (Ord. 699 § 8, 2011)

9.56.030 Permitted uses.

Any permitted use in the I-1 district;
Emergency homeless shelters.

Supportive housing;
Transitional housing;
Low Barrier Navigation Center.
(Ord. 731 § 11, 2014; Ord. 699 § 8, 2011)

9.56.040 Conditional uses.

Any conditional use listed in the I-1 district.
(Ord. 699 § 8, 2011)

9.56.050 Prohibited uses.

Any prohibited use in the I-1 district.
(Ord. 699 § 8, 2011)

9.56.060 Requirements for emergency homeless shelters.

A. If the aggregate number of beds within all P/IH districts exceeds the total number of homeless persons in the city as determined by the county of Riverside at any given time, a dditional shelter beds shall be subject to approval of a conditional use permit;
B. Hours of operation shall be limited to the hours between six p.m. and eight a.m.;

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C. An individual or individuals who do not utilize the homeless beds and/or other services and who maintain(s) their own off-site residence may serve as an on -site manager(s). At least one such ma nager shall be on-site twenty-four hours a day, seven days a week and are r equired to be accompanied by one supporting staff member (an individual hired or co ntracted by the operator who does not utili ze the homeless beds and/or other services, who maintains their own off-site residence). There shall be at least one supporting staff member for every twenty beds, or fraction thereof in the facility; D. At a minimum, one manager shall be on site at all ti mes, and one supporting staff member shall be available in each segregated populated sleeping section; E. No client shall be allowed to stay more than one hundred eighty consecutive days in a year or two hundred forty overall days within any twelve-month period of time; and F. Prior to the issuance of the cert ificate of occupancy of an emergency homeless shelter, there shall be a written agreement between the city and operator of the facility addressing all of the following:

1. The provision of on -site management twenty-four hours a day and seven days per week to oversee the facility,

2. On-going maintenance of structures and landscaping,

3. The provision of counseling, vocational, and other supportive services to persons/families being housed,

4. A transportation plan for clients to access off-site services,

5. No loitering of clients and others near the facility and/or in adjacent neighborhoods,

6. Implementation of a security plan with appr opriate security measures in consultation with the police chief,

7. On-going enforcement of written rules of co nduct for c lients, including the prohibition of alcohol and illegal drugs,

8. Plan for handling complaints from neighboring properties,

9. Availability of the operator to meet with city officials to resolve complaints, and

10. On-site circulation plan.
(Ord. 746 § 10, 2014; Ord. 699 § 8, 2011)

9.56.070 Development standards for emergency homeless shelters.

A. Development standards applicable to the I -1 district, Section 9.40.050, and other required conditions of the I-1 district, Section 9.40.060;
B. Any additional r equirements imposed by the State Department of Housing and Community Development through its oversight; and
C. Additional development standards, which shall take precedence should they be in conflict w ith those found in Sections 9.40.050 and 9.40.060:

1. The ma ximum number of clients permitted to be served (eating, showering, and/or sleeping) ni ghtly shall not exceed one per one hundred twenty-five square feet of floor area,

2. Off-street parking shall be provided pursuant to Government Code Section 65583 ( a) (4); based on one space for every six clients and one space for every employee, manager, and/or supporting staff member on site at the same time. Parking requirements shall not exceed those of other residential or commercial uses within the same zone. Offstreet parking shall be developed per Chapter 9.58 of the Cathedral City Municipal Code,

3. The interior intake waiting area for a facility shall include a minimum of ten square feet per bed,

4. The exterior intake waiting area shall be screened from pu blic and/or private view by a six -foot block wall and landscaping,

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5. A storage area shall be provided at a rate of five square feet for each bed. Such storage area need not be provided adjacent to client sleeping area,

6. At least one toilet and one shower shall be provided for each fifteen beds,

7. No portion of any emergency homeless shelter shall be located within three hundred feet of another emergency homeless shelter that is currently built, or that is approved to be built, and

8. Lighting shall be provided in all parking, exterior (outside) intake and/or waiting areas, outside common areas and along the periphery of the building and facility. Such lighting shall be in conformance with Chapter 9.89 of the Cathedral City Municipal Code.
(Ord. 746 § 11, 2014; Ord. 699 § 8, 2011)

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Division III. General Provisions

Chapter 9.58

OFF-STREET PARKING

Sections:

9.58.010 General provisions.

9.58.020 Number of parking spaces required.

9.58.030 Exemption of parking districts from requirements.

9.58.040 Uses not specified.

9.58.050 Location of parking facilities.

9.58.060 Combined parking areas.

9.58.070 Mixed uses.

9.58.080 Development standards for all off-street parking areas.

9.58.090 Access and circulation.

9.58.100 Screening and landscaping.

9.58.120 Compliance with city standards.

9.58.130 Required off-street loading spaces.

9.58.010 General provisions.

A. In all districts, except those specifically e xempted and noted, in connection with any use whatsoe ver, there shall be provided, at the time any building or structure is erected, or is enlarged or increased in use intensity, off -street vehicular and bicycle parking spaces for automobiles in acco rdance with this chapter.

B. Parking spaces provided to meet the requirements of this chapter shall not be reduced in size or number, modified or eliminated wit hout the express prior approval of the planni ng commi ssion, upon its determination that changed conditions or uses justify such redu ction, modification or elimination of parking spaces or area.

C. A parking space shall be an area for the par king of a motor vehicle plus those additional a reas required to provide for safe ingress and egress to and from said space. The area set aside to meet these provisions must be usable and shall have permanent access for off-street parking.

D. All motor vehicles incapable of movement under their own power and/or not licensed to operate on California highways, other than in cases of emergency, shall be deemed detrime ntal to t he public welfare and shall be stored in either an enti rely enclosed building, or in the rear yard of commercial or industrial zoned property that is entirely enclosed by a view-obscuring fence or wall. After due notice of noncompliance, said vehicles shall be required to be removed from the premises.

E. Any use of property which, on the effective date of the ordinance codified in this title, is nonconforming only as to off -street parking facilities may be continued in the same ma nner, except as fo llows: when remodeling and/or additions to the structures equal twenty percent or more of the value and/or area of existing buildings there shall be screen ing and landscaping of all existing and new parking areas as required by the parking area development standards.

F. When units or measurements determining number of required off-street parking and off -street loading spaces result in a requirement of a fra ctional space, any factor less than one -half shall be disregarded, and fractions one-half or larger shall require one off-street parking or off-street loading space.

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(Ord. 145 § 5, 1986; Ord. 80 Art. V (A)(1), 1984)

9.58.020 Number of parking spaces required.

The number of off-street parking spaces shall be no less than as specified in the following schedule. For the purpose of this section, “floor area” shall mean gross floor area.

Use Parking Spaces Required

A. Commercial (Retail, Office and Service).

1. For buildings with less than 8,000 sq. ft. One space for each 250 sq. ft. of floor area.

2. Shopping centers and single occupancy buildings with 8,000 sq. ft. or more.

Same as above for the first 8,000 sq. ft. (32 spaces) plus 1 space for each 300 sq. ft. thereafter.

3. Restaurants, bars, ice cream parlors and other similar uses serving (either indoors or outdoors) prepared
foods or beverages where:

a. Within a shopping center:
i. The floor area is less than 4000 sq. ft. One space for each 250 sq. ft. of floor area. ii. The floor area is 4000 sq. ft. or greater 16 spaces plus one for each 150 sq. ft. of floor area above 4000 sq. ft.
b. Not in a shopping center:
i. The floor area is less than 4000 sq. ft. One space for each 150 sq. ft. of floor area. ii. The floor area is 4000 sq. ft. or greater. 20 spaces plus one for each 150 sq. ft. of floor area above 4000 sq. ft.

4. Furniture, vehicles, and machinery and other large item product sales and service
One space for each 500 sq. ft. of floor display and service area, plus as required for other uses in the building.

5. Open air sales, such as plant nurseries, patio furniture, vehicle sales.

One space for each 1000 sq. ft. of lot area devoted to sales and display.

6. Automobile services.
a. Service bay one spaces for each 300 sq. ft. of service bay floor area.

B. Industrial.

1. Manufacturing and wholesale distribution. One space for each 500 sq. ft. of floor area.

2. Warehousing and mini-storage where the building(s)
are designed and provisions are made to guarantee
the use of the building for such purpose, by duly
recorded covenant running with the land and
improvements, and filed in the office of the county
recorder. Office and manufacturing space in the
building may be excluded from the recording
document provided parking as required by that use is
provided.

One space for each 1000 sq. ft.

3. Outdoor use. One space for each 2500 sq. ft. of ground area designed for outdoor use.

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Use Parking Spaces Required
C. Assembly and Recreation.

1. Churches, mortuaries, theaters, dance halls, skating rinks, and similar buildings designed for assembly.

One space for every 5 persons, based on total occupancy permitted by the Uniform Building Code.

2. Bowling alley. Three spaces for each alley, plus as required for other uses in the building.

3. Golf courses, tennis clubs, racquetball, and other
similar uses.

Three spaces for each hole or court, plus as required for other uses on the site.

D. Visitors.

1. Hotel. One and two-tenths space for each lodging unit, or fraction thereof; plus one space for every 100 sq. ft. of dining or assembly area.

2. Motel. One space for each temporary living unit, plus one space for each 20 temporary living units or fraction thereof.

3. Boarding, rooming or lodging house. Two spaces per facility; plus one space for each room.

4. Timeshare. One space per lodging unit plus one space for eve ry 20 units, or fraction thereof; plus one add itional s pace for every 100 square feet of assembly and dining area.

5. Condo hotel. One space for each room; plus one additional space for each lock -off room; plus one additional space for every 100 square feet of assembly and dining area.

6. Bed and breakfast. Two s paces per facility plus one space for each room made available to rent for overnight lodging.

E. Institutions.

1. Hospitals. One space for each patient bed.

2. Medical and dental clinics. One space for each 150 sq. ft. of floor area.

3. Convalescent care and other similar uses. One space for each 3 patient beds.

4. Day-care, child care and other similar non-living
arrangement.

One for each 500 sq. ft. of building floor area.

5. Elementary and intermediate schools, public and
private.

Ten spaces, plus one space for each classroom.

6. High schools, colleges, trade schools and similar
institutions.

One space for each ten students, plus one space for each classroom.

F. Residential.

For those zones where parking is not listed:

1. Single-family. Two per dwelling unit, both to be in an enclosed garage.

2. Multiple-family.
0—1 bedroom One per dwelling unit to be covered in a garage. 2 or more bedrooms 1.5 per dwelling unit, at least one to be covered or in a garage.

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Use Parking Spaces Required
G. Cannabis.

1. Dispensary and Lounge One space for each 250 sq. ft. of floor area.

2. Cultivation One space for each 1,000 sq. ft. of floor area.

3. Manufacturing One space for each 500 sq. ft. of floor area.

4. Distribution One space for each 1,000 sq. ft. of floor area.

5. Testing Laboratories One space for each 250 sq. ft. of floor area.

6. Office and ancillary space One space for each 250 sq. ft. of floor area.

7. New construction, building additions or additional
floor area within the building such as second floors
and mezzanines
One space for each 500 sq. ft. of floor area or the parking required for the proposed use, whichever is higher
(resulting in more parking spaces).
(Ord. 666 § 3, 2008; Ord. 266 § 3, 1989; Ord. 80 Art. V (A)(2), 1984)

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9.58.030 Exemption of parking districts from requirements.

All commercial uses shall be exempt from the park ing space requirements of this chapter if they are located within a legally constituted parking di strict established under the laws of the state, except that all private parking facilities shall conform to all other requirements contained herein, and except that all parking facilities established in said parking district shall conform to all other requirements contained herein. (Ord. 80 Art. V (A)(3), 1984)

9.58.040 Uses not specified.

In the case of any building, structure, or premises, the use of which is not specifically mentioned herein, the planning commission may by resolution of record after hearing all pe rtinent information, set forth the required number of parking spaces for such use which interpretation shall thereafter govern such use. (Ord. 80 Art. V (A)(4), 1984)

9.58.050 Location of parking facilities.

The off -street parking facilities required for the uses mentioned in Section 9.58.020 and for other similar uses, shall be on the same lot or pa rcel of land as the structure they are intended to serve. The planning commission may approve a substitute l ocation upon a lot other than the same lot or parc el of the use when such planning co mmission determines that it would be proper in its judgment and so long as said substitute location meets all other requirements of this chapter and the following conditions:

A. That part of the substitute location is wit hin three hundred feet of the principal use for which t he parking is being provided. It may be separated by alley, minor or collector street; and B. That the substitute lot is in the same person’s po ssession who has possession of the parcel it is intended to serve. Such possession may be by deed or long term lease or otherwise, the terms of which shall meet the approval of the city attorney and be r ecorded in the office of the county recorder. A copy of an appropriate recorded document covenanting the reser vation of the property for the required parking purposes shall be filed with the city and a pproved by the city atto rney prior to issuance of a bui lding permit.
(Ord. 80 Art. V (A)(5), 1984)

9.58.060 Combined parking areas.

A. Common Parking. The required off-street parking and loading facilities required by this division may be provided collectively for two or more buildings or uses in different ow nership in any commercial or industrial zone, provided that the total number of par king spaces shall not be le ss than the sum of the requirements for each of the ind ividual uses. If designed as a comprehensive development meeting the minimum requirements for a shopping center, a reduction in parking as provided for in shopping centers is permitted. E stablishment and maintenance of common par king areas shall be provide d in one of the following manners:

1. By covenant or contract among all pro perty owners, an d duly recording an appropriate covenant running with the land in form approved by the city attorney in the office of the county recorder; or

2. By creation of special parking districts or authorities as authorized by state law.

B. Joint Use Parking. The p lanning commi ssion may, upon application by the owner or lessee of any property, authorize the joint use of pa rking facilities. Joint use parking shall be permitted for up to fifty percent of the parking facilities required by this chapter if one of the uses is considered to be primarily a daytime use and another use is considered to be prima rily a nighttime use, or if one use is considered primarily weekend and the o ther primarily weekday, provided that such a reciprocal par king

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arrangement shall be approv ed through a conditional use permit and be subject to the follo wing conditions and findings:

1. The building o r use requesting to utilize the existing off -street parking facilities provided by a nother building or use shall be located within three hundred feet of such parking facility, the three hundred feet to be measured from the farthest outside point of the on -site parking to the closest inside point of the joint use parking.

2. The joint use parking is not separated from the use by a street greater tha n sixty-six feet in width or planned to be greater than sixty-six feet in width.

3. The joint use parking is easily and safely accessible to pedestrians to the site by walkways, sidewalks or other acceptable means.

4. The joint use parking is related visu ally to both sites either from the public street or through the use of directional signage.

5. Motorists will be encouraged to use the joint use parking and will find it more convenient than on-street parking or trespassing on other private parking areas.

6. There is no substantial conflict in the principal operating hours of the building or uses for which the joint use of off-street parking facilities is proposed.

7. All parties involved in the joint use of off -street parking facilities shall provide evide nce of agreement for such joint use by a proper legal instrument approved by the city attorney as to form and content. The agreement shall i nclude assurances that th ere s hall b e no change in use which would d estroy the differential in primary use times, without adequate provisions for additional parking in the event of such change in use. Such instrument, when app roved as conforming to the provisions of this title, sh all be recorded in the office of the county recorder.
(Ord. 266 § 6, 1989; Ord. 80 Art. V (A)(6), 1984)

9.58.070 Mixed uses.

In the event that two or more uses occupy the same building, lot or parcel of land, the total requirements for off -street parking and off-street loading shall be the sum of the requirements of the uses co mputed separately.
(Ord. 80 Art. V (A)(7), 1984)

9.58.080 Development standards for all off-street parking areas.

All off-street parking facilities shall conform with the following standards:

A. The minimum off-street parking dimensions shall be as follows:

Angle of Parking (In
Degrees)
Stall Width (W)
(In Feet)
Stall Depth (D) (In
Feet)
One-Way Aisle Width
(A) (In Feet)
0 10.0 24.0 12.0 (one-way)
30 9.0 17.5 12.0 (one-way)
45 9.0 20.0 12.0 (one-way)
60 9.0 21.0 15.0 (one-way)
90 9.0 19.0 254.0 (two-way)
90 10.0 19.0 23.0 (two-way)
90 10.6 19.0 21.0 (two-way)

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1. Individual determinations shall be made for a ngles other than those described, but in no case shall such modifications include less than the above prescribed stall width, depth and aisles width.

2. Minimum width for two way aisles is nineteen feet zero inches when angle parking is provided.

3. Width of driveway openings shall conform to city standards.

B. Handicapped parking spaces shall be provided on the basis of total parking provided on-site as follows:

No. of Spaces No. of Handicapped Spaces
1-25 1
26-50 2
51-75 3
76-100 4
101-150 5
151-200 6
201-300 7
301-400 8
401-500 9
501-1,000 2% of total
1,001 and over 20 plus 1 for each 100 over 1,000

Handicapped spaces shall be fourteen feet wide and lined to provide a nine -foot vehicle space and a five-foot occupant loading and unloading area. One in every eight handicapped spaces required, but not less than one, shall have an eight-foot occupant loading and unloading area, and be designated “Van Accessible.” Spaces shall be grouped and located near major building entrances. Ramps shall be provided where necessary for access.
(Ord. 371 § 3, 1992; Ord. 80 Art. V (A)(8)(a), 1984)

9.58.090 Access and circulation.

Sufficient aisle space for tur ning and mane uvering vehicles shall be provided. Each required par king space shall have unobstructed access fr om an aisle or alley without moving another vehicle. Al l par king spaces for non-residential uses and multifamily res idential developments with fiv e or more units shall have provisions for forward travel to and from parking facilities when access is directly onto a dedicated street. (Ord. 164 § 3, 1987; Ord. 80 Art. V (A)(8)(b), 1984)

9.58.100 Screening and landscaping.

A. No less than five percent of the interior of a parking area containing four or more parking spaces shall be landscaped. In addition, a planter of a depth approved by the planning commission shall be located at the property lines adjoining street frontages of the site, except for necessary drives and walks. A planter three feet in depth shall also be located along all interior property line s borde ring the parking area.

Interior landscaping shall be distributed throughout the parking area as required in the process of design review un der Chapter 9.78. Planting along the perimeter of a parking lot will not be considered as counting towards the interior landscaping requirements.

B. Adequate landscaping shall conform to the following minimum standards:

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1. Interior planting: one fifteen-gallon broad leaf or conifer tree for each fifteen parking spaces.

2. Street side planting shall be coordinated with required street trees, but in no event shall the n umber of trees be less than one for every thirty-five feet of street frontage.

3. Trees, sh rubs, ground covers, et cetera, shall be watered and permanently maintained. All dead vegetation shall be remo ved and r eplaced. All planting areas shall be irrigated by a n approved permanent watering system. Where landscaping is required for off -street par king areas, or in other vehicular parking areas, concrete curbing and/or bumper blocks shall be required to re gulate vehicular traffic and to protect plant materials from vehicles. Such curbing height shall be at least six inches.

Curbing of six inches or more shall be r equired where a public planter slopes toward a sidewalk and said curbing is needed to retain wa ter. Overflow devices which drain under sidewalks may b e required to assure that water does not overflow planters. In no event shall the finished grade of the irrigated planter be less than three inches below a public sidewalk and/or curb. Where curbing is not required, protection of pavement edge shall be made by approved methods.

4. Screening. Proper screening by fences, hedges or walls shall be i nstalled as required in the process of design review. Parking areas that adjoin reside ntial zoned property sha ll be screened by minimum six - foot fences or walls provided in connection with each residential zone. (Ord. 80 Art. V (A)(8)(c), 1984)

9.58.120 Compliance with city standards.

All parking areas shall be improved per city standard specifications:

A. Concrete approaches shall be provided for i ngress and egress. All driveways for parking facilities shall be paved.

B. Minimum six -inch concrete wheelst ops or curbs shall be installed to serve as protection of planting areas (less than five feet in width), buil dings, sidewalks, walls and fences, and against e ncroachment into p ublic or adjoining property or as otherwise determined by design review to reaso nably be required.

C. Every use that has shopping carts shall provide outside cart racks, approved as to numbe r, design and location, either in the process of design review or by adopted city standards. (Ord. 80 Art. V (A)(8)(e), 1984)

9.58.130 Required off-street loading spaces.

A. Off-street loading space shall be provided and maintained on the same lot with ev ery building or separate occupancy as follows:

1. Hotels and restaurants 1

2. Commercial and industrial buildings
Under 20,000 sq. ft. gross floor area 1
Under 40,000 sq. ft. gross floor area 2
Under 80 000 sq. ft. gross floor area 3
Under 120,000 sq. ft. gross floor area 4
Under 160,000 sq. ft. gross floor area 5
Over 160,000 sq. ft. gross floor area 6

3. Office buildings, hospitals and institutions
Under 30,000 sq. ft. gross floor area 1

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Under 80,000 sq. ft. gross floor area 2
Over 80,000 sq. ft. gross floor area 3

B. Size of Loading Space. Each required off-street loading space shall be not less than ten feet in width and fifteen feet in height. Each space shall be designed and located so that v ehicles need not extend onto public sidewalks or streets in the course of loa ding or unloading goods, and each such space shall be a minimum of twenty-five feet in length.
(Ord. 80 Art. V (A)(8)(f), 1984)

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Chapter 9.60

SPECIFIC PLANS

Sections:

9.60.010 Intent and purpose.

9.60.020 Initiation.

9.60.030 Types of specific plans.

9.60.040 Preparation.

9.60.050 Use regulations.

9.60.060 Site planning.

9.60.070 Environmental review.

9.60.080 Approval process.

9.60.010 Intent and purpose.

The intent and purpose of the specific plan is to accomplish any or all of the following:

A. Provide a method for and to encourage the o rderly implementation of the general plan and any applicable regulations by the comprehe nsive planning and development of large areas of land under unified ownership or developmental control so that the entire area wil l be developed in accord with an adopted master plan and to provide an environment of stable and desirable character.

B. Provide a flexible regulatory procedure to e ncourage creative and imaginative pl anning i nvolving a mixture of uses, as permitted by zo ning w ith op en space and community facilities, both public and private.

C. Provide a framework for the phased develo pment of an approved planned area to provide assurance to the developer that later development will be acceptable to the city.

D. Provide a method to resolve unique land use problems not resolvable through zoning or other regulatory instruments.

E. Provide a method to ensure the availabi lity of public facilities and the establishment of f uture rights-of- way for streets, street expansion, and public utility and drainage easements. (Ord. 203 § 3, 1988; Ord. 80 Art. V(B)(1), 1984)

9.60.020 Initiation.

Specific plans may be initiated in the following manner:

A. The planning commission may, or if so directed by the city council shall, initiate spec ific plans for the systematic execution of the general plan to implement public policies and resolve land use problems.

B. Any property owner(s), or a designated repr esentative of the property owner(s) , may r equest through application submitted to the city planner initiation of a specific plan for a de signated area. If the city planner finds tha t the specific plan is desirable, the applicant shall submit a written or graphic description of the property, a statement of the desired land use and objectives of the specific plan, any necessary info rmation or plans and a fee in the amount adopted by ci ty council resolution. Upon acceptance by the city planner , the pla nning commission shall prepare and reco mmend to the city council the specific plan document.
(Ord. 554 § 1, 2001; Ord. 203 § 3, 1988; Ord. 80 Art. V(B)(2), 1984)

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9.60.030 Types of specific plans.

As contained herein, the city recognizes two types of specific plans. One is to provide guidance and the other establishes regulations. The two types are further defined as follows:

A. Guidance. When a specific plan is intended to provide clarification and specific information with regard to the policies and concepts e xpressed within the general plan, but not to pr ovide the regulations necessary for implement ation, such specific plan may be adopted by resolution of the city council. A specific plan resolution may include all of the details, co ncepts and programs deemed necessary to ensure common understanding and implementation of the general plan as a pplicable to the area and the issues covered by the specific plan. A specific plan adopted by resol ution shall not i nclude regulations and requirements for implementation of the general plan.

B. Regulatory. Wh en a specific plan is d esigned to be the regulations by which the general plan is implemented, it shall be adopted by the city council by ordinanc e. Such plan may either supplement or supersede all land use and public facility regulations applicable to the subject property. (Ord. 203 § 3, 1988; Ord. 80 Art. V(B)(3), 1984)

9.60.040 Preparation.

The planning commission shall prepare the specific plan based upon the information needed to meet the intent of the specific plan. The specific plan shall contain a development plan and a deve lopment plan text that either includes the following information or a statement on why such inform ation is not pertine nt to meeting the intent of the specific plan:

A. Land use map showing the distribution, loc ation and extent o f the uses of land including open space within the area covered by the plan, together with written regulations esta blishing height, bulk and setback limits for such buildings and facilities, including proposed lots if the plan contains subd ivision of land.

B. The location and intensity of major comp onents of p ublic and private transportation system, including existing or proposed streets within the property needed for servicing the project.

C. The location and intensity of major comp onents for water supply, sewage disposal, storm water drainage, disposal of solid waste, energy supply, and other essential facilities needed to support the land uses described in the plan.

D. A program of implementation measures i ncluding regulations, programs, public works proj ects, and financing measures necessary to carry the intent of the specific plan.

E. Preliminary grading plan indicating areas to be graded and the estimated amount of earth to be moved.

F. Standards and criteria by which develo pment will proceed for the co nservation, develo pment, and utilization of natural res ources, i ncluding underground and surface waters, veg etation, soils, wildlife resources and unique or sensitive land forms.

G. A scenic preservation plan delineating scenic natural features and view ar eas and how they are to be retained.

H. A phasing plan indicating in what s equence or by what criteria various areas of the pr oject will be constructed and when the public facilities servicing these areas will be constructed.

I. Explanations and descriptio n of the inform ation contained on the plans and text re quired above. In addition, the text shall contain all d etailed regulations, conditions, pro grams and proposed legislation which may be necessary for the systematic implementation of the specific plan.

J. A statement of the relationship of the specific plan to the general plan.

K. Such other measures as may be necessary or convenient to ensure the execution of the general plan. (Ord. 203 § 3, 1988; Ord. 80 Art. V(B)(4), 1984)

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9.60.050 Use regulations.

A. Allowable uses in each specific plan shall be as esta blished by the development plan text. The development plan text may incorporate uses by ref erence to specific zone provisions, or, in the case of specific plans adopted by ordinance, may establish specific use lists with definitions pertaining thereto.

B. Existing uses within the specific plan area at the time of its establishment shall be deeme d allowable and incorporated in the specific plan, unless terminated, discontinued, or changed pursuant to a s pecific time schedule incorporated in the development plan text.

C. Unless otherwise provided by the development plan text, accessory uses shall be subject to the same use regulation provisions as the principal use or facility.

D. Residentially oriented pl anned developments may include limited commercial uses within residential zones to accommodate the residents of the project or as compatible ancillary uses. (Ord. 203 § 3, 1988; Ord. 80 Art. V(B)(5), 1984)

9.60.060 Site planning.

A. Specific plan areas an d all uses therein shall be designed and developed in a manner compatible with and complementary to existing and potential development in the gene ral vicinity of the plan area. Site planning on the perimeter shall provide for the mutual protection of the p lan area and surrounding property from potential adverse influences.

B. Development criteria shall be as esta blished by the zoning of the property . However, by sp ecific plan ordinance such criteria can be mod ified if it is dete rmined that the overall plann ing is superior to development adhering to the zone.

C. The maximum number of dwelling units within a site within a specific plan may differ and e xceed the density factor of the general plan provided the total number of units does not exceed that permitted by the general plan within the total specific plan area.

D. All public streets within the specific plan area shall be dedicated and improved to c ity specifications for that particular classification of street. Private streets within the development shall be pe rmanently reserved and maintained for their i ntended purpose by means acceptable to and e nforceable by the city.

Other forms of access, such as pedestrian ways, courts, bike trails, or open parking lots may not be offered for dedication as a means of meeting requir ements for open space or park dedication requirements.

E. All development within a specific plan shall relate harmoniously to the to pography of the site, shall make suitable provision for the pre servation of water courses, drainage areas, woo ded areas, rough terrain, and similar nat ural features, and shall otherwise be so designed insofar as possible, to use and retain significant natural features and amenities.

F. The proposed means for assuring contin uing existence, maintenance and operation of the various common elements and facilities within a specific plan shall be included in the development plan text.

G. Additional site developme nt regulations and pe rformance standards applicable to individual uses or to designated portions of a specific plan may be established by the development plan and/or development plan text.
(Ord. 203 § 3, 1988; Ord. 80 Art. V(B)(6), 1984)

9.60.070 Environmental review.

If an environmental impact report (EIR) is d etermined to be necessary, the information required for a specific plan may be incorporated by refe rence in the EIR. Upon certification of the EIR no further EIR or

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negative declaration pursuant to the State Public Resource Code (commencing with Section 21000) need be filed for any project which is underta ken pursuant to and in conformity with the adopted spec ific plan for which the EIR has been certified. However, an amendment to the specific plan will require an environmental assessment, which may necessitate a supplemental EIR. Such supplemental EIR shal l be processed along with the amended specific plan as provided above.
(Ord. 203 § 3, 1988; Ord. 80 Art. V(B)(7), 1984)

9.60.080 Approval process.

A specific plan shall be processed in the manner of a zone code amendment as follows:

A. Planning Commissio n Action. The pla nning commission shall hold a public h earing to r eview all pertinent information as required for a change of zone. Upon satisfaction that the proposed specific plan contains sufficient information, fin dings, and direction to effectively ca rry out the i ntent of the ge neral plan and other pertin ent city policies and regul ations, the planning commission shall prepare the final specific plan for city council adoption.

B. City Council Action. Upon receipt of the sp ecific plan from the planning c ommission, the city council shall hold a public hearing for adoption of either a resolution or ordinance as prescribed in Se ction

9.60.030.

C. Administration. Upon adoption, the city planner shall affix to the zoning map the notation “SP” after the zone designation of the area for which the specific plan is in effect. All future zoning or subdivision applications shall meet the r equirements of the s pecific plan and, where appropriate, the sta ndards set forth in this title.

D. Amendments. Minor amendments to the specific plan may be approved by the city planner, provided such minor amendment does not add dwelling units or more than five percent to nonresidential structure area, alter points of access into the specific plan area, modify traffic movement on arterial, secondary or collector street systems, reduce open areas by more than five percent, shift residential densities between planning areas with in the specific plan, or change development standards beyond what would be permitted by the zoning on the pro perty. The city planner shall explain in writing to the planning commission within ninety days of any and all such amendments. The written notice shall become part of the file record. Amendments not meeting the provisions for minor amendments contained here in or those denied by the city planner shall be processed as originally adopted. (Ord. 554 § 1, 2001; Ord. 203 § 3, 1988; Ord. 80 Art. V(B)(8), 1984)

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Chapter 9.62

SIGNS

Sections:

9.62.010 Purpose and intent.

9.62.015 General provisions and basic policies.

9.62.020 Sign definitions.

9.62.030 Procedures.

9.62.040 Exempt signs.

9.62.050 Prohibited signs.

9.62.060 Temporary sign provisions.

9.62.070 Special sign provisions.

9.62.080 Permitted signs.

9.62.090 Nonconforming signs.

9.62.100 Discontinuance of a business.

9.62.110 Structural safety, maintenance, identification, and illumination.

9.62.120 Appeals.

9.62.130 Violation of chapter.

9.62.010 Purpose and intent.

A. This chapter is intended to implement the goals and policies of the general plan of the c ity of Cathedral City by preserving and enhancing the visual aspects of the city and to promote the orderly and attractive construction, placement , and display of signs throug hout the city of Cathedral City. Other interests served include the promotion of tourism and commerce and the overall quality of life as affected by signs. These general provisions serve as specific development standards to be applied in addition to any provisions within each base or overlay zoning district.

B. This chapter is further intended to comply with state and federal laws requiring the posting of signs and notices, and to create standards that will promote the health, s afety, and general welfare of the city by regulating the design, material, construction, illumination, locatio n and maintenance of all signs and sign structures.

C. This chapter is also intended to provide for a more orderly presentation of advertisements and identification of properties within the city, to provide directional and destination inform ation to serve the public convenience, reduce traffic and safety hazards, and to further bring those devices in harmony with the building, the neighborhood, and other signs in the area.

D. The city further intends, by this sign chapter, to balance the needs for signs as means of expression with the need to protect the visual environment from signage that adversely affects the character of the neighborhood and its property values. Any adverse effect on pro perty values results in loss of tax revenue to the detriment of the public as a whole. The value to any particular sign own er mu st be weighed against the interests of other property owners in the neighborhood, both with respect to values, the use and enjoyment of the property, and the contentment and happiness of the owner.

E. In adopting this sign ordinance, the city reco gnizes th at sig n blight is the functional equiv alent of a public nuisance adversely affecting the aesthetics, vitality, value and enjoyment of property and creating a hazard to vehicular and pede strian traffic. The elimination of sign blight promotes aesthetic s which

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tends to attract tourists, settlers, and industries to the city; in turn, providing a favorable environment for private industries, in particular the tourist industry, thereby resulting in an economic advantage.

F. Signs required or contemplated by county, state or federal law; signs erected by the city eng ineer on public property or in the public right -of-way to instruct or direct traffic; and signs owned or permitted by a governmental agency o ver which the city does not have j urisdiction; are exem pted from t he regulations in this chapter.

G. All signs are fu rther subject to all relevant Declarations of Conditions, Covenants, and Restrictions (commonly referred to as CCRs) in conjunction with other rules, regulations and policies adopted by the landowner upon which a sign, or proposed sign is to be, sited.

H. The number and area of signs as outlined in this chapter are intended to be maximum standards.

I. It is unlawful for any person to erect, construct, enlarge, alter, repair, improve, convert, demolish, equip, use, maintain, or relocate, any sign within the city, including painted signs, or to cause or allow the same to be done, contrary to or in violation of any of the provisions of this chapter and without first obtaining a written sign permit from the planning department, unless otherwise excepted by this chapter. (Ord. 681 § 1, 2009; Ord. 672 § 2, 2009)

9.62.015 General provisions and basic policies.

The provisions and policies stated in t his section apply to all signs within the regulatory sc ope of this chapter, and override any provisions to the contrary contained elsewhere in this chapter.

A. Message Neutrality. It is the city’s policy to regulate signs in a constitutional manner, which is content- neutral as to noncommercial signs and viewpoint-neutral as to commercial signs.

B. Regulatory Interpretations. All regulatory i nterpretations of this chapter are to be exercised in light of the city’s message -neutrality policy. Whenever any sign permit or other authoriz ation is subject to a discretionary review, such review shall not consider the message content of the sign, other than whether any proposed commercial messages thereon are off -site or on -site. Where a particular type of sign is proposed in a permit application, and the type is neither expressly a llowed nor pr ohibited by this chapter, or whenever a sign does not qua lify as a “structure” as defined in the building code, then the city planner shall approve, co nditionally approve or dis approve the applic ation based on the most similar sign type that is expressly regulated by this chapter.

C. Substitution of Messages. Subject to t he landowner’s consent, a noncommercial message of any type may be substituted for any duly pe rmitted or allow ed commercial message or any duly pe rmitted or allowed noncommercial message, provided that the sign structure or mounting device is legal without consideration of message content. Such substitution of me ssage may be made without any additional approval or permitting. This provision prevails over any more spec ific provision to the co ntrary within this chapter. The purpose of this provision is to pre vent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular no ncommercial message over any other noncommercial message. This provision does not create a right to i ncrease the total amount of signage on a parc el or land use, nor does it affect the r equirement that a sign structure or mounting device be properly permitted. This provision does not allow for the su bstitution of an offsite commercial message in place of an onsite commercial message.

D. Rules for No ncommunicative Aspects of Signs. All rules and regulations concerning the noncommunicative aspects of signs, s uch as loc ation, size, height, illumination, spacing, o rientation, etc., stand enforceable independently of any permit or approval process.

E. Multiple Use Zones. In any zone where multiple uses are allowed, the signage rights and responsibilities applicable to any particular use shall be determined as follows: The particular use shall be treated as if it

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were located in a zone where that particular use would be allowed, either as a matter of right or subject to a conditional use permit or similar discretionary process.

F. Owner’s Consent. No sign may be di splayed on real or tangible personal property without the co nsent of the legal owner of the pro perty on which the sign is mounted or displayed. For purposes of this policy, “owner” means the holder of the legal title to the property and all parties and persons holding a present right to possession, control or use of the property.

G. Safety Codes. In addition to the requirements of this chapter, all signs displayed in the city must comply with all applicable safety codes, such as building, plumbing, electrical, mechanical, grading, fire, etc.

H. Other Law. All signs displayed in the city must comply w ith the requirements of this chapter and the requirements of all other applicable law.

I. Permit Requirement. It is unlawful to di splay any sign within the limits of the city w ithout a sign permit, unless the particular sign is e xpressly exempted from the permit requirement by a provision of this chapter, state or federal law.

J. Severance. If any section, sentenc e, clause, phrase, word, portion or provision of this c hapter is held invalid or unconstitutional or une nforceable by any court of competent juris diction, such holding shall not affect, impair, or invalidate any other se ction, sentence, clause, phrase, wor d, portion, or prov ision of this chapter which can be g iven effect without the invalid portion. In adop ting this chapter, the city council affirmatively declares that it would have a pproved and adopted the chapter even without any portion which may be held invalid or unenforceable. (Ord. 672 § 2, 2009)

9.62.020 Sign definitions.
“Abandoned sign” means any sign or display which has been abandoned f or a period of ninety days or more, or which pertains to a time, use, event, purpose or business which no longer exists. “Abatement” means the elimination and removal of any sign in violation of this chapter. “Advertise,” “advertising” or “advertisement” refers to any message, communication or expre ssion identifying a business or development, a nnouncing the avai lability of a product, merchandise or service, making c laims as to the value or quality of any product, merchandise or service or othe rwise attrac ting attention to or promoting (either directly or indirectly) any product, merchandise or service. “A-frame sign” means a temporary sign with two faces that are hi nged together to create an ‘A’ or triangle shaped device. A-frames are usually portable and are also referred to as “sandwich boards.” “Amortization,” as pertaining to this chapter, means the gradual extinction of nonconforming signs. “Awning” means a nonstructural covering attached to a building or supported by freestanding posts for the purposes of giving shade to pedestr ians or windows and door openings. Awnings are generally made of canvas or other cloth material.
“Awning, canopy or marquee sign” mea ns a sign t hat is printed on, painted on, or attached to an awning, canopy or marquee.
“Banner or flag sign” means a sign composed of light weight material either enclosed or not enclosed in a rigid frame. Any cloth, bunting, plastic, paper, or similar material attached to or pinned on or extending out from any structure, staff, pole, line, framing or vehicle, including captive balloons and inflatable signs. “Billboard or outdoor advertising display” means advertising structures and signs used for outdoor advertising purposes, not including on-site advertising structures and signs as defined in this chapter. “Building,” for purposes of this chapter, includes any structure requiring a building permit. “Building face and/or frontage” means the horizontal d istance of the general outer surface of the single front building elevation in which the primary entrance to the business is located. If more than one business is located in any single building, then s uch length shall be limited to that portion which is oc cupied by each

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individual business. In computing allowable area of a wall sign for a stru cture, the building face or frontage shall not include appurtenant, accessory or secondary structures, and shall not include structures that are not enclosed such as carports or breezeways.
“Canopy” means a roof-like structure extending from part or all of a building face and co nstructed as a permanent part of the building, either attached or freestanding, that is capable of allowing vehicles to freely pass under.
“Changeable copy sign” means a sign d esigned to allow the changing of lettering, messages or o ther information through manual, mechanical, or electrical means including time and temperature. Changeable copy signs may have multiple me ssages that are individual ly di splayed at common intervals, such as a traditional movie theatre marquee sign or billboard.
“City planner” means the supervisor of the planning department staff or designee. “Co-tenant or multip le-tenant” refers to a te nant in a structure that conta ins m ore th an one bus iness adjoined by a common wall or roofline on the same site. For the purposes of this chapter, a co -tenant also refers to a tenant of a commercial lan dlord that leases or otherwis e makes space available within a primary business for a secondary or ancillary business or service requiring additional or separate signage. “Digital display sign” means an outdoor adve rtising display using light emitting diodes (L.E.D.) or similar technology to display static images controlled by electronic communications. “Directional sign” means signs limited to d irectional messages, principall y for pedestrian or vehicular traffic, such as “one-way,” “entrance,” or “exit.”
“Directory sign” means a sig n listing the te nants or occupants and their suite numb ers in a building, center, subdivision or planned unit development.
“Double faced sign” means a single structure designed with the intent of providing copy on both sides. “Downtown area” means the MX C zoned po rtion of the downtown commercial (DTC) area a s designated in the general plan.
“Eave line” means the top of a parapet wall or the lowes t point of a pitched roof, including ma nsard style roofs. Where a parapet wall is combined with a mansard roof , the eave line shall be the top of the parapet.
“Face or w all of a building” means the outer surface of any main exterior wall or foundation of a building, including windows and storefronts.
“Freestanding sign” means a sign supported by one or more upri ghts, braces, poles or similar components placed upon or into the ground and detached from any building. “Freeway-oriented sign” means a sign within a specified distance of the freeway (Interstate 10). “Frontage” means the length of the horizontal distance of a site parallel and adjacent to a street or other public thoroughfare, but not including such length along an alley or railroad. “Height of sign,” unless otherwise indicated, means the greatest vertical distance from the exis ting planned grade of the top of the curb or street frontage to the highest element of a sign. For sloped elevations, the height shall be measured from the midpoint of the sign and shall be applicable to the whole sign. “Identification sign” means a sign that ident ifies the name, nature, logo, trademark, symbol or insignia, address, or any combination of the name, symbol and address of a building, business, project, devel opment or establishment.
“Illuminated sign” means a sign with an artif icial source of light for the purpose o f illuminating the sign.
“Master sign program” means a coordinated plan for signage for an individual building or group of buildings approved pur suant to the provisions of this chapter. The master sign program will identify the

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placement and size of all s igns, as well as the materials and method of illuminati on to provide consistency among signs and compatibility with the architecture of the building(s). “Monument sign” means a low -profile independent structure supported on grade at the bottom of the sign with the appearance of having a solid base set in a la ndscaped area and incorporates the materials and architectural theme of the building(s) on the same property. Unless a different height limit is stated, a monument sign shall not exceed seven feet in height.
“Multi-tenanted building” means a building cont aining more than one individual business within a shopping, professional or industrial complex.
“Neon sign” means any sign containing neon or other inert gaseous chemical that provides a visible discharge or that glows.
“Nonresidential” refers to propert y not improved with or zoned for a single - or multiple -family residence.
“Off-site sign” m eans a sign or sign structure of any kind or character which advertises products, merchandise, activity or ser vice not available on or at the premises upon which the sign is lo cated. Bus benches with advertising are not included within this definition. For purposes of this chapter, the on-site/off- site distinction applies only to commercial messages; all signs wit h noncommercial me ssages shall be deemed to be on-site, regardless of location.
“On-site sign” means any commercial sign which advertises product s, merchandise, activity or service available on or at the premises upon which the sign is located. For purpos es of this chapter, the on -site/off- site distinction ap plies only to comme rcial messages; all signs with noncommercial me ssages shall be deemed to be on-site, regardless of location.
“Person” means any individual, firm, partnership, corporation or other entity. “Pole sign” means a form of freestanding sign that is supported by a single post that is less than one-half the overall sign width; excluding directional signs, billboards and freeway-oriented signs. “Portable sign” means a sign that is not permanently affixed to a structure or the ground. “Pylon sign” means a sign face that is elevated by one or two structural supports that is archite cturally integrated with the design of the primary structure on the property excluding pole signs, d irectional signs, billboards and freeway-oriented signs.
“Residential” refers to property improved with or zoned for single- or multiple-family residence(s). “Roof line” means the upper edge of any building wall or parapet exclusive of any sign tower for any flat roof structure, or a line halfway between the eave line and the ridge line of the roof, exclusive of any sign tower, of any gable-roof structure.
“Roof sign” means a sign erected, constructed, or placed upon or over the eave or roof of any building or, in the case of a flat roof structure, one that extends over o r above the roof line, or any sign affixed to the wall or a building so that it projects ab ove the eave line of a roof; and which sign is wholly or partially supported by the building; but not includin g a sign on a mansard roof, portico or canopy if said m ansard roof, portico or canopy is architecturally integrated with the building. “Shopping center” means a group of at least five businesses, within a building or buildings, on a minimum five acre site which functions as an integral unit where common vehicular access to the street and common on-site parking facilities are provided.
“Sight triangle” means a triangular -shaped portion of land established at street intersections or at the intersection of a street and driveway in which no permanent structures are placed and where no vegetation or other obstructions are allowed between thirty inches above grade and fifteen feet above grade to preserve the sight distance of m otorists entering or leaving the in tersection. For the purposes of this chapter, the sight

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triangle is defined as twenty -five feet from the property line parallel to the street and intersecting street or driveway.
“Sign,” in addition to its common meaning, means any mark or painted charact er on any object, structure, device, figure, statuary, painting, d isplay message, placard, or other contrivance, or any part thereof, visible from outside of a structure. The word “sign” also includes any graphic announc ement, declaration, demonstration, display, illustration, or insignia when the same is plac ed in view of the general public. For purposes of this chapter, at all times that a sign is being held by an individual, it shall be exempt from this chapter.
“Sign area” means the entire copy face of the sign. The following methods will be used to co mpute the area of sign copy:

1. The area of a sign is to be computed by mult iplying the total height by the total length of all sign faces, including framework on the sign face but excluding the base. Computation of the sign area shall enclose the extreme limits of writing, representation, emblem, or any fi gure of similar character, together with any material or color forming an integral part of the display or used to diffe rentiate such sign from the background against which it is placed. The sign area shall include a colored or textured background that is different than the fascia on which it is pla ced. It shall also include the p erimeter trim on the sign face of a cabinet sign. If the sign is composed solely of individual channel-type letters mounted on a surface, the ar ea shall be measured by outlining the e xtreme limits of writing and enclosed by no more than eight lines.

2. In the case of a sign designed with more than one exterior surface, the area shal l be co mputed as including only the maximum single display surface that is visible from any ground position at one time.

The area of a freestanding sign which has three or more faces shall be computed by adding the areas of each face of the sign.

3. The ar ea of a freestanding sign that is an o bject or statuary shall be c omputed by the a ppropriate mathematical equation for determining the total surface of an object.

4. The supports, uprights, or structure on which any such sign is supported shall not be i ncluded in determining the sign area unless such supports, uprights, or structures are designed in such a manner as to form an integral background of the display.
“Sign face” means the surface or that portion of a sign that is visible from a single point as a flat surface or a plane and considered as such together with the frame and the background. “Temporary sign” means a sign used solely for the pu rpose of advertising an event occurring on a specific date, or otherwise advertising a commercial use, which sign is displayed for ninety cumulative days or less within any twelve-month period.
“Tri-vision sign” means a changeable message billboard with vertical louvers for graphic applications. “Vehicle sign” means a sign which is attached to, painted on, place d upon or suspended from a vehicle or trailer, either o perable or inoperable, which is subject to state licensing before it can l egally operate on public roads and highways. This shall not include bumper stickers or the permanent finish on the body of the vehicle.
“Wall sign” means a sign attached to, painted on o r erected on the exterior wall of the building or structure in such a manner that the wall becomes the supporting structure for, or forms the bac kground surface of, the sign with the exposed face of the sign in a plane approximately parallel to the pl ane of the exterior wall of the building and not extending above the eave line. “Window si gn” means a sign that is applied, affixed or attached to a window or located in such a manner that it can be seen from the exterior of the structure.

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To the extent that any te rm of legal or other professional art appearing in this chapter has not been defined in this section or elsewhere in this code, that term shall be understood to have the meaning and construction customarily applicable in such profession as of th e time of the adoption of this chapter. Unless otherwise defined herein, or unless a term o f legal or professional art, all terms shall be construed according to their plain English signification.

The rule of the common law, that statutes in derogation th ereof are to be strictly construed, shall have no application to this chapter, which shall be liberally construed to accomplish its ends, saving where the Constitution or laws of the United States or t he state of California shall require otherwise. (Ord. 7 70 § 2, 2015; Ord. 672 § 2, 2009)

9.62.030 Procedures.

A. Permit Required. Unless otherwis e e xcepted by this chapter, it is unlawful for any person to erect, construct, enlarge, alter, repair, improve , convert, demolish, relocate, equip, use or maintain a ny sign within the city, including painted signs, or to cause or allow the same to be done, without first obtaining a written sign permit from the city planner.

B. Business License. All businesses requ esting a sign permit pursuant to this chapter including , but not limited to , sign companies installing sig nage within the city limits shall have a valid Cathedral City business license.

C. Application for Sign Permit. Application for a sign permit shall be made on a form provided by the planning department and shall be accompanied by a fee as established by city council resolution.

The applicant shall submit four sets of dimensioned plans to scale. At least one of the four sets shall include elevations and sign faces in color. The sign permit application shall include the following information:

1. The location and size of all existing and pr oposed bu ildings or structures on the property (including linear feet of frontage facing each public right-of-way and parking lot);

2. The location of off -street parking facilities including major points of entry and exit for m otor vehicles where directional signs may be proposed;

3. The design, size, colors, materials and ligh ting proposed, and the proposed location of th e sign or sign structure on the property (color and material samples shall be submitted);

4. The method of attachment of the sign to any structure , the footing details for freestanding signs and the electrical details for illuminated signs;

5. Location of any easements and utilities encumbering the property on which the sign(s) will be placed;

6. A written statement, diagrams or pictures identifying sizes and dimensions of all other signs existing on the property, under the control of the applicant;

7. A wr itten statement, diagrams or pictures ide ntifying the s ize, square footage of sign and method of calculation, and color relationships of such sign or sign structure to the appearance and design of existing or proposed buildings and structures on the property;

8. A statement by the applicant as to whether the sign will display on-site or off-site commercial messages and/or noncommercial messages; and

9. Such other information as the planning d epartment may reasonably require to demo nstrate full compliance with this chapter and all other applicable laws.

D. Issuance of Sign Permit. The completed sign permit application and appropriate fee shall be subm itted to the planning department and processed as follows:

1. The planning department shall review the a pplication and supporting information for the sign permit.

Should the application not be complete, or should the application fail to comply with the pr ovisions of

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this chapter, the city planner or designee shall notify the appl icant in writing of how the applica tion is incomplete, or how it does not comply with this chapter.

2. All sign permit applications shall be reviewed by the planning department. The city planner or designee shall approve any application subject to the following criteria:
a. Approval of the proposed sign would be consistent with the provisions of this chapter; b. The sign does not constitute a detriment to public health, safety and welfare; and c. The proposed sign is in compliance with all applicable city codes, including , but not li mited to , electrical codes.

E. Application for Master Sign Prog ram. A master sign program is intended to integrate pr oject signs into the architectural design of the site, thereby creating an architectural statement of high quality. A master sign program provides a flexible means of applying and modifying the sign regulations in this chapter to ensure high quality in the design and di splay of multiple perma nent signs for a project or use and to encourage creativity and excellence in the design of signs. It is expec ted that the design quality of signs proposed under a m aster sign program will be of a superior quality and cre ativity to those that might result through the normal sign permit process. A ma ster sign program shall include provisions for temporary signs in accordance with this chapter where te mporary signs are desired by a project applicant.

1. Applicability. A master sign program shall be required w henever any of the following ci rcumstances exist:
a. More than one separate nonresidential tenant space is created on the same parcel; b. Six or more permanent non-exempt signs are proposed for a single use; c. The project has special characteristics requiring a master sign program. Such characteri stics include the need for master on -site or off -site directional or identification signage, changeable copy not otherwise mandated by law, the size of pr oposed signs, limited site visibility, a business within a business, the location of the site relative to major transportation routes, etc.; d. Unique, creatively designed signs are being proposed; or e. On-site pedestrian-oriented portable “A-frame” signs are proposed.

2. Approval Authority. A proposed master sig n program shall be approved or denied by the planning commission based upon the regul ations and requir ements as specified in this chapter. If a master sign program is required and/or requested, the application for same shall be submitted concurrently with an application for design review or conditional use permit.

3. Modification of Regulations. A master sign prog ram may allow for less restrictive sign regulations so long as tho se regulations are approved by the planning commission and supported by findings . The planning commi ssion may allow modifications relating to sign area, number of signs, height, and location. However, a master sign program shall not i nclude signs that are otherwise prohibited by this chapter.

4. Application Requirements. A proposed ma ster sign program shall include all information and materials required by subsection C, the filing fee in comp liance with city council fee res olution, and shall be supplemented by any additional i nformation that may be requested by the planning commission. The planning department shall review the application and supporting info rmation for the proposed master sign program. Should the application not be complete, or sho uld the application fail to comply with the provisions of this chapter, the city planner or designee shall notify the applicant in writing of how the application is incomplete, or how it does not compl y with this chapter. If the application is complete, the a pplication shall be submitted to the planning co mmission for hearing at the next plannin g commission meeting for which notice and agenda requirements can be satisfied.

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5. Findings. In order for a pr oposed master sign program to be approved, the planning commission shall first make the following findings:
a. The proposed signs do not constitute a detriment to public health, safety and welfare; b. The proposed signs are in compliance with all applicabl e city codes, including, but not li mited to, electrical codes;
c. The master sign program complies with the purpose and intent of this chapter, in cluding all requirements and other special provisions as specified in this chapter; d. The proposed master sig n program is in ha rmony with and enhances the overall d evelopment and surrounding structures;
e. The master sign program complies with the standards of this chapter, except that flexibility is allowed in the planning commission’s interpretation of appropriate sign area, number, location, and/or height to the extent that the ma ster sign program will enhance the overall d evelopment, achieve superior q uality design, and will more fully accomplish the purposes of this chapter; f. If changeable sign copy is proposed, the following additional findings are required:
i. The proposed changeable copy is essential for advising the public as to continually chang ing events or programs that are the primary focus of and traditionally integral to the type of use, ii. The number of changeable copy signs shall be limited to the a llowable number of mon ument signs as defined by this chapter,
iii. The sign displays on-site advertising,
iv. The height and area is within the maximum sign area limits established in this chapter, v. Of the total allowable sign area, up to a max imum of seventy five percent of the area will be dedicated to the changeable copy format,
vi. The sign is designed as an integral portion of the businesses monument, marquee or wall sign, and vii. The sign height and mass shall be of an a ppropriate scale and relat ionship to the buildings on site and adjacent to the street;
g. If on-site “A-frame” signs are proposed, they will be limited to a maximum of one sign per business, pedestrian-oriented, located on pr ivate property, professionally designed and constructed, not p laced within public right -of-way, and will be located within ten feet of the main pede strian entrance to the business.

6. Revisions to Master Sign Programs. Rev isions to master sign programs may b e approved by the city planner or designee so long as t he revision is consistent with the requirements of this chapter and the appropriate findings can be made. Revisions that would substantially deviate from the original a pproval shall require the approva l by the planning commission of a new master sign pr ogram. (Ord. 672 § 2, 2009)

9.62.040 Exempt signs.

The following signs shall be exempt from a permit application:

A. Signs within a structure not visible from the outside of a building; B. A maximum of one flag, not exceeding fifteen square feet, per reside ntial lot; provided, however, that all flag poles shall be subject to the requirements set out at Section 9.80.030 and no flags shall be permitted on a vacant lot;
C. A maximum of three flags that disp lay noncommercial or on-site commercial messages, not e xceeding sixty square feet each, on no nresidential lots; provided, however, that no flags s hall be permitted on a vacant lot;
D. Wall signs provided that all of the following conditions exist:

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1. The signs number no more than two per lot or, in the case of lots with multiple units, two per unit,

2. No such sign shall project beyond the property line, extend into the public right-of-way, or be within the sight triangle,

3. The area of said signs shall no t exceed one square foot per sign if located on residen tial lots containing four units or less, and

4. The area of said signs shall not exceed two square feet per sign if located on a nonresidential lot, or on a residential lot containing five or more units;
E. Temporary signs in compliance with this cha pter; provided, h owever, that all requirements for a temporary sign program set out in Section 9.62.060 shall have been satisfied; F. On-site for-sale or for -rent signs, during the period that the subject pr operty is offered to the ge neral public for sale or for lease, subject to the following provisions:

1. Said signs shall be limited to one per street frontage, with a maximum per lot of two,

2. Said signs shall not exceed seven feet in height,

3. On a residential lot, each such sign shall not exceed four square feet of sign area,

4. On a nonresidential lot, each such sign shall not exceed thirty two square feet per sign area,

5. Said signs shall be located outside the public right -of-way and shall not be lo cated within the sight triangle, and

6. Up to five rela ted o ff-site open -house signs shall be permitted during any period that the subject property is open for public inspection; provided that the property owner or agent is present at the site during the p eriod of time that the sign is in place; and provided f urther that such signs are placed and removed within an eight-hour period;
G. Window signs in commercial and industrial zones, subject to the following provisions:

1. Window signs shall be posted on the inside of a window but not between four feet above e xterior grade and seven feet above exterior grade, which area is to remain clear of signage,

2. Cumulatively, said signs shall cover less than twenty percent of the area of a window l ocated on the ground floor of the building,

3. Cumulatively, said signs shall cover less than ten percent of the area of a window located on the second story of a building frontage,

4. The only illumination permitted is neon signage,

5. Signs inside the building but within three feet of a storefront window shall be counted as a window sign, and

6. Temporary signs displayed in the window shall be included when calculat ing the area of the window that may be covered with a wi ndow sign; however, said sign area shall not be counte d toward the aggregate of the otherwise allowable sign area. (Ord. 672 § 2, 2009)

9.62.050 Prohibited signs.

Any sign not specifically authorize d by this chapter shall be prohibited. Additionally, the fo llowing signs are expressly prohibited in the city:

A. Abandoned signs;
B. Signs which are unsafe or a danger to the public;
C. Signs which rotate, move, flash, reflect, blink, or appear to do any of the foregoing, either self - or human-powered, regardless of the l ocation of the sign; except, however, appr oved changeable copy signs, or those otherwise mandated by law, are exempted from said prohibition; D. Signs on public property except as otherwise provided in this chapter;

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E. Signs on public or private property that pr oject over or into the public right -of-way, unless otherwise authorized by this chapter;
F. Off-site signs except as otherwise provided in this chapter; G. Billboard signs except as expressly approved by the city council; H. A-frame signs except as otherwise provided in this chapter; I. Vehicle signs;
J. Roof signs;
K. Pole signs;
L. Signs with exposed rac eways, ballast boxes, transformers, crossovers or conduits, unless otherwise approved pursuant to a master sign program;
M. Any sign that encumbers ingress to or egress from a door, window o r fire escape and any sign placement or method of attac hment that could serve to hinder, delay, or render inacce ssible or inoperable emergency equ ipment including, but not limited to, fire hydrants, fire escapes, fire alarms and stand pipes;
N. Signage placed within a sight triangle of any intersection or driveway, or so as to unreasonably interfere with traffic visibility inclu ding placement, maint enance, or display upon, or in view of, any street or highway, any unofficial sign, signal, or device, or any sign, signal, or device which purports to be or is an imitation of, or resembles, an official traffic control device or which attempts to direct the movement of traffic or which obstructs the view of any official traffic control device; O. Illuminated signs located fewer than fifty feet from a single-family residential zone; P. Any sign(s) not included in the scope of a sign permit that is bolted, t agged or tacked onto a nother permitted sign;
Q. Any sign located on the third or higher story of a building sh all be prohibited except for those approved pursuant to a master sign program; and
R. Signs displaying obscene matter, as d efined by Miller v. Cal ifornia (1973) 413 U.S. 15, 18 -19, or otherwise prohibited by law. (Ord. 672 § 2, 2009)

9.62.060 Temporary sign provisions.

A. Except as otherwise provided in this chapter, no temporary sign displaying a commercial message shall be allowed unless the appl icant shall have first filed a temporary sign program; paid the requ isite filing fee as provided by resolution of the city council; and the city planner or designee has a pproved the proposed temporary sign program. The proposed temp orary sign program shall include a statement of compliance with this chapter and certify the person responsible for removing the sign and, in the event the sign is not timely removed consis tent with the provisions of this chapter, the person respo nsible for reimbursing the city for any cost incurred to remove and dispose of the sign. A proposed temporary sign program shall be approved by the city planner or designee immediately upon submission if the requisite fee has been paid and the proposal demo nstrates that each proposed sign meets all the conditions applicable to a temporary sign as set out in this chapter.

B. A temporary sign displ aying a nonco mmercial message shall not require prior a pproval of the city planner and may be displayed consistent with the temporary sign program immediately upon the filing of same with the planning d epartment. However, if it shall subsequently be determ ined that the actual sign displayed is i nconsistent wit h the temporary sign pr ogram on file, or that the temporary sign program on file does not d emonstrate that each proposed sign meets all the conditions applicable to a temporary sign as set out in this chapter, then the temporary sign may be removed by city staff after

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notice to the responsible person as pr ovided in this chapter. No fee is r equired for the filing of the proposed temporary sign program for a noncommercial sign.

C. No temporary sign shall be placed or erected on any property within the city wi thout the consent of the owner or tenant of such property.

D. Temporary signs in a commerci al or i ndustrial zone with a commercial message shall be a llowed only where permanent signs are allowed.

E. Temporary signs shall not be illuminated.

F. No temporary sign shall be placed, attached or erected on public property, or in the street right -of-way, including, but not limited to, utility poles, sign poles, trees, fences, walls and public buildings, except as otherwise expressly provided in this chapter.

G. No temporary sign shall be placed so as to pose a visibility hazard to pedestrian or motor vehicle traffic, and no sign shall be located within a sight triangle.

H. The temporary signage shall be limited to a maximum of sixteen square feet per sign, a maximu m height of five feet, with a cumulative maximum area of eighty square feet, per lot, and no illumination is allowed; except, however, that on nonresidential lots improved with a multi -unit structure, the maximum sign face area per sign shall be increased to th irty-two square feet. In add ition, on nonresidential lots improved with a mult iunit st ructure, each unit shall be allowed one add itional temporary sign, mounted on the wall, below the eave line an d above the doors and windows, subject to the following:

1. For each unit with fifteen thousand or less square feet of finished interior space, th e sign face area shall not exceed twenty-four square feet; and

2. For each unit in excess of fifteen thousand square feet of finished interior space, the sign face a rea shall not exceed fifty square feet.

I. Temporary signs placed in violation of this chap ter may be removed at the direction of the code compliance chief or designee, subject to the following notice requirements:

1. If a temporary sign is found in the pu blic right-of-way or on public property and constitutes a threat to public safety, it may b e removed i mmediately. Additionally, a temporary sign r emaining on public property or within the pu blic right-of-way more than ten days after the event that is ident ified on the sign face may be removed immediately. Said signs may therea fter be destroyed i f the owner has been given at least fifteen days’ notice but has not claimed the sign, or if the responsible p arty cannot be identified and/or located. If said sign is identified in a temporary sign program on file with the city or has an identification la bel attached, said notice shall be d irected to the responsible person identified therein.

2. Any other tempora ry sign deemed to be in vi olation of this chapter, but which does not pose an immediate threat to the public safety, shall be removed after the owner or responsible party, if same can be identified and/or located, has been given at least twenty -four hours’ notice but has not removed the sign. If not claimed by the owner within seven days of removal, said sign may then be destroyed. If said sign is identified in a temporary sign program on file with the city or has an identification label attached whereby the responsible person can be readily contacted, the following provisions shall apply:
a. The twenty-four-hour notice to remove the sign shall be di rected to the responsible person ident ified in the temporary sign program or on the identification label; and b. If within four hours of a request by city staff to t he re sponsible person that a sign be r emoved, the responsible person causes the sign to be removed, said sign shall not be deemed a vi olation of this chapter and no further enforcement action shall be taken, subject to the following:

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i. The request to remo ve concerns no more than five temporary commercial signs advertising an event occurring on a specific date,
ii. The subject signs are not located on public property or within right-of-way, and iii. The subject signs were first placed in service on the date of the event.

J. Any temporary sign used solely for the pu rpose of advertising or promoti ng an event o ccurring on a specific date, including, but not limited to, an election, shall not be maintained for a period in excess of ten days after the happening of the event; except, however, a sign used only on the day of the event shall be removed immediately upon the conclusion of the event.

K. All signage shall be maintained in good repair and condition.

L. One on-site portable sign may be allowed provided the sign meets all of the following requirements:

1. An approved temporary sign program is on file in the planning department;

2. If an aerial or ground -mounted inflatable device, the portable sign shall not exceed a height of twenty feet; any other type of portable sign shall not exceed four feet in height and twelve square feet in area;

3. Portable signs shall not be set within, or extend into, the public right-of-way or line of sight triangle;

4. Portable signs shall be secured to the ground to assure stabi lity under all weather conditions; weighting the base with sand bags or similar objects does not meet this condition;

5. Portable signs shall be removed during non-business hours;

6. Portable signs shall not be illuminated;

7. Vehicular-oriented portable signs shall be spaced at least seventy -five feet from the nea rest portable or temporary sign ; pedestrian -oriented portable signs shall be placed within ten feet of the pr imary pedestrian entrance to a business, not to exceed one such sign per pedestrian entry per street frontage;

8. All portable signs and portable sign structures shall be professionally fabricated; and

9. Portable signs shall only be allowed on no nresidential lots; provided, however, that portable signs shall not be allowed on any vacant lot. (Ord. 776 § 16, 2016; Ord. 672 § 2, 2009)

9.62.070 Special sign provisions.

A. Billboard Signs.

1. Billboards Prohibited. No person shall erect or maintain a billboard within the city.

2. Nonconforming Billboards. A legal nonconforming billboard may continue to be operated and maintained in accordance with Chapter 9.66 of this code. For the purposes of this paragraph and paragraph A of Sec tion 9.66.030, converting a lega l nonconforming billboard with static copy to a billboard with digital or changeable copy is deemed an increase in intensity of the nonconforming use and shall not be permitted.

3. Billboards on Tribal Land. Billboards on Tribal land shall conform to Ordi nance No. 13, as amended, of t he Agua Caliente Band of Cahuilla Indians, entitled “Tribal Ordinance Controlling Outdoor Advertising Displays.”

4. Cannabis Advertising.
a. No person shall allow cannabis or cann abis products to be advertised on any billboard within one thousand feet of:
i. A day care center, which f or the purposes of this section means a child day care facility other than a family day care home, and i ncludes infant centers, preschools, extended day care facilities, and school - age child care centers;
ii. A public or private school providing instruction in any grade from kindergarten to twelfth grade; iii. A park;

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iv. A youth center, w hich for the purposes of this section means any public or private facility that is primarily used to host recreational or social activities fo r minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities; or
v. The city’s public library.
b. No person shall allow cannabis or can nabis products to be adverti sed on any billboard that depict s any of the following:
i. A person or character engag ed in the act of smoking, vaping or otherwise ingesting cann abis or cannabis products; or
ii. Cartoon characters or other characters attractive to children.

B. Downtown Area Signs.

1. Purpose. This section shall pertain to the downtown area. Where a partic ular standard is not addressed, other sections of this chapter shall apply.

2. Design. Signs shall be architecturally compat ible with a buildi ng’s architectural style in regard to size, color, materials and illumination. Overall proportions of the structur e on which the sign is l ocated shall guide the design of signs:
a. Signs shall be located on parapets, towers, tu rrets, recessed wall areas an d/or other building architectural features specifically designed for a sign; b. Freestanding business identificati on signs in the Pickfair Core portion of the MXC district shall be pedestrian oriented in nature (size and location) and shall not attempt to gain the attention from vehicles traveling on surrounding streets; and
c. All buildings containing two or more te nant spaces shall submit a master sign program for review and approval to the planning department.

3. Sign Materials and Lighting. Except as ma y be allowed pursuant to a m aster sign program, b asic channel letters (i ndividual internally ill uminated plastic o r metal letters) and can signs (internally illuminated plastic panels within a sheet metal box enclosure) are not permitted. The other followi ng criteria shall apply:
a. Signboards made of solid wood or metal with painted or engraved letters, or mounted letters of wood or metal are permitted;
b. Silhouette, or figurative signs with symbols and/or ornamental figures made of wood, metal or neon ar e permitted;
c. Exterior-mounted custom neon signs mounted o n walls or o n a signboard or metal su pport frame or enclosure, or interior mounted behind clerestory windows are permitted; d. Internally illuminated signs with lighting inside and/or behind the sign (halo-lit) are permitted; and, e. Lighting fixtures that illuminate the top or bo ttom of signs with single or multiple spotlights shall be screened in a manner to minimize light and glare unless said lighting fixtures are an integral part of the architecture of the building to which they are attached.

4. Signs Specifications. The following specifications shall apply:
a. Wall signs, flush mounted or painted are allowed;
b. Awning and canopy signs, pursuant to the regulations contained herein are allowed; except that plastic awnings or illuminated “balloon” awnings are not allowed; c. All building mounted signs shall not e xceed one square foot per one linear foot of tenant, street or parking lot frontage, and shall not exceed one hundred square feet in total area; and d. Banners in t he MXC zone shall be mai ntained in the same condition as originally approved and installed.

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C. Specific Plan No. 99-53 Area Signs.

1. Signs within the area of Specific Plan No. 99 -53, except as may otherwise be approved pu rsuant to any other provision of this chapter, shall meet all of the following requirements:
a. Freestanding or monument signs are a llowed, each of which shall not exceed fifty square feet in area and seven feet in height; provided, however, each such sign shall be separated by at least a distance of seventy-five feet and shall not be located within the sight triangle or public right-of-way; and said signs may be illuminated;
b. The total area of signage for attached wall signs for each side of a structure facing public right-of-way or parking lot shall not exceed one square foot per linear foot of frontage to a maximum of one hundred square feet when the building is less than one hundred feet from the public right -of-way; provided, however, the total area shall n ot exceed one and one -half square feet per linear foot of fr ontage, to a maximum of one hundred fifty square feet, if the structure is set back at least one hundred feet from the public right-of-way; and provided the signs are attached to the building fa scia and do not exceed two - thirds of the height of the fascia;
c. Directional signs shall be limited to either monum ent signs, not exceeding three feet in area and four feet in height, or attached wall signs not exceeding six square feet in area; provided, h owever, that said directional signs shall not be within the sight triangle or the public right -of-way, and shall n ot be illuminated;
d. Monument signs shall match the design of the main freestanding sign; e. Directional signage shall be architectu rally consistent with other signage a s a part of the master sign program; and
f. All signage shall be designed in a manner that integrates it with the project design and arch itecture through the use of common elements pertaining to scale, style, material, color, le ttering, illumination, construction and location.

2. Identification sign s within public or pr ivate easements adjac ent to the specific plan area at the intersection corners of Auto Park Drive and Perez Road at East Palm Canyon Drive, and the intersection corners of Kyle Road at Perez Road, shall be allowed provided the following criteria are met:
a. Changeable copy or other non-related advertising copy is prohibited; b. Said signs shall not encroach within any street right-of-way; c. Said signs shall not exc eed a graphic area of fifty square feet nor a height of twen ty feet as m easured from the top of the nearest street curb;
d. Each sign shall be internally illuminated; and
e. The design of the sign shall incorporate the materials, color, and architectural theme of the specific plan area.

3. Additional monument signs identifying only the name or logo of a manufacturer, consistent with the terms of any applicable master association agreement, shall be allowed provided the following criteria is met:
a. Location of signs to be limited to East Palm Canyon Drive and Perez Road; b. Maximum number of signs not to exceed an aver age spacing of eighty feet although signs may be clustered in groups closer than eighty feet;
c. The design concept shall incorporate un iform color/graphic styles, materi als, illumination, sign enclosure, and support structures;
d. The maximum sign height shall be five feet;
e. The maximum sign area shall be ten square feet;
f. If signs are lighted, lighting shall be limited to internal illumination;

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g. Signs shall be situated in a manner to assure adequate sight distance from street intersections and drives; and
h. Changeable copy or other non-related advertising copy is prohibited.

4. Temporary signs shall be allowed so long as the criteria below are met:
a. Any sign that becomes faded, torn, broken, loose, ragged, etc., shall be removed immediately; b. When permitted, signs within street rights -of-way shall be limited to banners and other flexible material;
c. A temporary advertising device per mitted u nder this section sh all be removed if the city plann er or designee finds that the sign const itutes a tra ffic hazard or a nuisance to adjacent or surrounding properties or the public at large, or is detrimental to the public convenience or welfare; d. Provided all other criter ia are met, temp orary signs that encroach in to public right -of-way may be permitted wi th review of the city tra ffic engineer, approval of the city council and issuance of an encroachment permit; and
e. No changeable copy shall be incorporated in the temporary sign.

5. Excluding signs all owed p ursuant to subse ctions (C)(2), (3) and (4) of th is section, one on -site, electronic, changeable copy sign per lot, of either a monument or wall type, is allowed so long as the sign meets all of the following criteria:
a. The height and area of such signs shall be regulated by the maximum sign area limits established in this chapter;
b. Of the total allowable sign area, up to a max imum of seventy-five percent of the area may be dedicated to the changeable copy format;
c. The sign shall be designed as a n integral portion of the business’ monument, marquee or wall sign and be compatible with the design and character of the development and the surrounding area; d. Sign height and mass shall be of an appropr iate scale and rel ationship to the buildings on si te and adjacent to the street, and shall not be a detriment to public safety; and e. Signs allowed pursuant to subsections (C)(2), (3) and (4) of this section shall not include changeable copy.

D. On-Site Commercial Signs in Residential Zones.

1. One monument style identification sign per street or parking lo t frontage, up to a max imum of two, are allowed to advertise nonres idential uses existing in a residential zone pu rsuant to a conditional use permit, or pursuant to preex isting, ancient, or immemorial u sage, or other lawful authority; provided, however, that such preexisting, ancient or immemorial usage was extant prior to the adoption of this chapter and, at the time such usage began, was lawful;

2. Said signs may be illuminated with exterior lighting directed at the sign and away from any neighboring residence;

3. Said signs shall not exceed a maximum sign area of thirty -two square feet and a maximum height of seven feet; and

4. The sign shall not be located within sight triangles or a public right-of-way.

E. Residential Project Identification Signs.

1. One architectural feature wall or monument type identification sign per major entrance to a planned unit development or other residential develo pment of more than five unit s shall be allowed; provided, however, that there is a homeowners’ association responsible for the maintenance of the sign;

2. Said signs shall have a maximum sign area of sixteen square feet per sign face;

3. Said signs shall have a maximum height of four feet;

4. Said signs shall not be within the sight triangle or within the public right-of-way;

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5. Said signs may be backlit, halo lit, or lit by spotlight set in the landscaping; and

6. Architectural feature wall signs shall be set in landscaping.

F. Drive-Thru Facility Signs.

1. Business uses that incorporate a drive-thru facility shall be allowed two additional signs located within five feet of the drive-thru lane;

2. Said signs shall have a maximum sign area of thirty -two square feet and a maximum height of seven feet each, including any bolt-on or tack-on signs;

3. Said signs shall not be located so as to be a hazard for driveway or corner radius and shall be set back at least five feet from the public right-of-way, and shall not be in within the sight triangle;

4. Illumination is allowed; and

5. Said signs shall be located in a landscape d planter area equal to three times the size of the sign face. (Ord. 841 § 1, 2020; Ord. 770 § 2, 2015; Ord. 672 § 2, 2009)

9.62.080 Permitted signs.

The following signs are allowed with an approved sign permit or, if indicated, a master sign program.

A. Directory Signs. All nonresidential uses shall be entitled to one wall, monument or kiosk sign per major entry or parking lot frontage with a maximum sign area of twenty square feet and a maximum height of seven feet.

1. The sign shall not be within the sight triangle or public right-of-way;

2. Illumination is allowed;

3. If a wall sign is used, it shall be pedestrian and not vehicular oriented with maximum height lettering of six inches; and

4. If a mo nument or kiosk is used for the dire ctory sign, it sha ll be placed in landscaping or in sid ewalk areas.

B. Identification Signs. Nonresidential uses shall be allowed identification signs as follows:

1. As to each building or unit not located within a shopp ing center, one wall or awning sign per side of structure frontage facing public right-of-way or parking is allowed, subject to the following:
a. On the ground floor, the maximum sign area shall b e as follows: One square foo t per linear foot of tenant space or building not exceeding one hundred square feet fo r the primary fron tage, fifty square feet for the secondary frontage and twenty-four square feet on each add itional frontage, not to exceed a cumulative sign area of two hundred square feet for all frontages; b. Second floor wall signs shall be allowed for a tenant space where there is an exterior e ntrance to the second floor, not to exceed fifty percent of the sign area authorized for businesses on the ground floor of the building;
c. Said signage shall be centered over the frontage of the corresponding unit and shall not e xceed seventy percent of the total linear width thereof;
d. An awning sign shall have a vertical clea rance of eight feet fro m the sidewalk and a wall si gn shall be placed below the eave line;
e. Illumination shall be soft, back lit provided the sign does not face residential or local streets; no security type lighting shall be allowed;
f. No sign shall be in the public right-of-way or within the sight triangle; and g. Calculation of linear footage for allowable sign area shall not include accessory structures.

2. As to an entire multistory building, one add itional wall sign per street frontage is allowed, with a maximum sign area of ten percent of the wall area or fifty square feet, whic hever is less, wall-mounted

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between the windows of the highest floor and the top of the eave line or the top of the parapet.

Illumination is allowed.

3. If located within a shopping center, each t enant’s space shall be allow ed one wall sign per unit as follows:
a. The maximum sign area shall be one and one -half feet per linear foot of frontage up to a maximum of one hundred fifty square feet on the primary frontage;
b. The sign shall be set one hundred or more feet from the public right-of-way; and c. Illumination is allowed.

4. One pedestrian-oriented hanging sign per unit frontage or per primary entry is allowed as follows:
a. Said sign shall be placed under arcades, aw nings or similar architectur al treatment, and shall not be visible from the public right of-way;
b. Said sign shall be perpendicular to the st orefront and may not exceed a maximum sign area of six square feet;
c. If placed under an awning, it shall have a minimum eight feet vertical clearance from the sidewalk; and d. Internal illumination is permitted.

5. One vehicular-oriented hanging sign per unit frontage or per primary entry is allowed if other wall or monument sign methods are not physically feasible, subject to the following:
a. Said sign shall be below eave line and shall be visible from the public right-of-way; b. Said sign shall not exc eed one square foot per linear foot of tenant space, not exceeding one hundred square feet per frontage, with an additional fifty square feet allowed per each additional frontage; c. Said sign shall have a vertical clearance of eight feet from the sidewalk; d. No illumination shall be allowed; and
e. Said sign shall not be located in the public right-of-way.

6. One monument sign per street frontage per lot is allowed as follows:
a. Said sign shall have a maximum sign area of thirty -two square feet and a m aximum height of seven feet;
b. Said sign shall not be located within the public right -of-way, and shall not be located within the sight triangle;
c. A planter base or landscaping shall be provided equal to three times the area of one face of the sign; d. Monument signage shall have a minimum spacing of seventy-five feet between monuments; e. Illumination is allowed; and
f. Lettering shall be of a sufficient size as to be readily visible from the public right-of-way.

7. Commercial uses in PCC and I -1 zones, with a minimum of five tenants, located on a min imum of five acres, shall be permitted one a dditional pylon or monument sign per street front age, subject to the following criteria:
a. Said signs shall ha ve a maximum sign area of seventy square feet and a maximum height of fou rteen feet; provided, however, the planning commission may authorize a taller sign purs uant to a master sign program with adequate findings supported by a flag test; b. The signs shal l not be l ocated within the public right -of-way, and shall not be located within the sight triangle;
c. Signs in this class shall be located a minimum of one hundred feet from the nearest residential land use, seventy-five feet from the nearest monument si gn, seventy-five feet from any i ntersection, and one thousand feet from the nearest sign in this same class; and d. The sign may be illuminated and shall be l ocated in a planter base or landscap ed area equal to three times the area of one face of the sign.

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C. Kiosk Signs. Subject to approval by the planning commission as part of the design review for a use, one kiosk or similar architectural feature per corner intersection may be allowed in a co mmercial or industrial zone with a maximum sign area of fifty s quare feet. Said signs shall not be l ocated within the public right-of-way or sight triangle. The sign may be illuminated as part of the a rchitectural element of the sign.

D. Freeway-oriented Signs. Freeway-oriented signs are allowed subject to the following criteria:

1. Subject to the state Outdoor Adverti sing Act, and pursuant to an approved master sign pr ogram, pylon type signs are permitted in PCC and I-1 zones as follows:
a. Said signs shall be located within one tho usand feet radius distance from the centerline point of roadway intersection of the Inte rstate 10 on- and off-ramps nearest the site within the Date Palm Drive right-of-way;
b. Said signs shall not exceed a maximum sign area of one hundred fifty square feet per advertiser; c. The maximum hei ght shall be determined by the planning commission b ased on the height needed by the traveling public to view the sign, but shall not exceed fifty feet; provided, however, that the applicant sha ll furnish sight -line studie s and shall conduct a flag test to demonstrate the sign height needed;
d. Support shall be set back five feet from the property line and all signage shall be located on pr ivate property;
e. Sign structures shall be located in su ch a ma nner so as to not adv ersely block the visibility of ano ther existing freeway-oriented sign structure from the view of the traveling public on the freeway; and f. Illumination is allowed.

2. A maximum of one extended height mon ument sign per five hun dred linear feet of fre eway frontage is allowed along freeway frontage in all commercial and industrial zones, subject to the following criteria:
a. The maximum sign area shall not exceed one hundred twenty square feet, and the maximum height shall not exceed twelve feet, including a four-foot base and eight-foot sign maximum; and b. Said signs shall be located within a thirty-foot landscape easement parallel to freeway frontage and may only be halo- or landscape-lit.

E. Changeable Copy Signs. Changeable co py signs required to comply with any applicable law regarding the posting of commercial information shall be allowed with an approved sign permit, e xcept that such signs shall be limited to one per street frontage for each business and shall not exceed six teen square feet of area of any sign otherwise permitted under this chapter. (Ord. 672 § 2, 2009)

9.62.090 Nonconforming signs.

A. Applicability. Except for billboards su bject to Section 9.66.090 of this title, and notwit hstanding any other general provisions in this title, the provisions of this section shall apply to all signs subject to this chapter.

B. Amortization of Previously Permitted Signs. Provided all other conditions of this section are met, all nonconforming signs for which a permit was previously issued and in effect on the date that this chapter became effective may continue to be used until such a time that su bstantial alterations, or those not otherwise allowed pursuant to subsection D of this section, are made to the sign, or until such a time as the use is abandoned. For purposes of this section, signs existing at the time of incorporation of the cit y shall be deemed to have been previously issued a permit by the county of Riverside.

C. Removal of Nonpermitted, Nonconfor ming Signs. The fol lowing amortization periods are presumed adequate to allow the owner of a nonconforming sign to recoup the origina l cost of the sign, and shall be applicable to any sign for which a permit was not in effect on the date that this chapter became

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effective. Provided all other conditions of this section are met, such a s ign may be maintained for the period of time set for th below, measured from the date the sign was first placed in service, a fter which time the sign shall be removed.

Original Investment Minimum Amortization Period
Under $500.00 6 months
$501 to $1,000 12 months
$1,001 to $2,000 1 year
$2,001 and over 2 years

D. Alterations during amortization period. A no nconforming sign may not be moved, enlarged, relocated, or altered in any way except as follows:

1. The cost of such alteration does not exceed twenty-five percent of the assessed value of the sign;

2. The alteration may not result in any greater degree of nonconformity than previously existed;

3. The alteration shall meet all current requ irements of the Cathedral Ci ty Municipal Code, and shall be completed within one year of the commencement of the work;

4. When a subsequently adopted ordinance or regulation requires specific alterations, those alter ations shall be made;

5. Minor repairs to and routine maintenance, costing less than twenty-five percent of the replacement cost of the sign are permitted and encouraged; and

6. If, in the process of alteration pursuant to this section certain nonconformities can be brought into conformity, they shall be brought into conformity.

E. New Development or Substantial Improvement. A requirement for a nonconforming sign to be removed or altered so as to comply with the requirements of this title may be imposed as a condition of approval of a subdivision , conditional use permit, va riance, or other di scretionary dev elopment a pproval. In addition, ministerial approval may also require removal or alteration of the nonconforming sign as a condition of approval when in conjunction with a substantial improvement of said property.

F. Sign Copy. Sign copy and sign faces may be changed on nonconforming signs when there is no change in use of the site or when only a portion of a multiple tenant sign is being changed.

G. Wall and Freestanding Signs. Legal nonco nforming wall signs shall not prev ent the insta llation of conforming freestanding signs, nor shall legal nonconforming freestanding signs prevent the installation of conforming wall signs.

H. Add-on Signs. Signs bolted, tacked, tagged or added onto an otherwise conforming sign shall not be considered legal nonconforming for the purposes of this section.

I. Nuisance. Notwith standing any other prov ision of law, any sign which does not conform to the provisions of this chapter, and which was constructed or displayed prior to the adoption of this chapter, shall not be a lawful nonconforming use and instead shall be deemed a publ ic nuisance subject to abatement if not brought into conformance with this chapter, when any of the following apply:

1. A sign that did not comply with all ordinances and regulations in effect at the time of its placement;

2. An abandoned sign;

3. A sign t hat was legal when initially placed, but which has been relocated or any nonconfor mity has been expanded;

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4. A sign that is the subject of an agreement between the sign o wner and the city for, or the auth orization therefor is expressly conditioned on, its removal as of a given date or expiration of a given period of time, which date or period of time has expired;

5. A temporary sign;

6. A sign on a lot located within a red evelopment project area created pu rsuant to California Community Redevelopment law for which a building permit or sign permit is subsequently issued; or

7. A sign that is damaged to the extent that the cost of repair, other than copy replacement, will e xceed fifty percent of the sign value . The sign value shall be reasonably determined by t he city planner or designee.

J. Early Removal. The city may require the r emoval of any nonconforming sign before the amortization period provided herein has lapsed, if the owner is paid fair and just co mpensation equal to one-fifteenth of the duplic ation c osts of the sign being removed multiplied by the number of years of useful life remaining for the sign. At the end of the amortization period or at the time compensation is provided for nonconforming signs, the owner thereof shall cause the sign to be remo ved or so a ltered to conform fully with the requirements of this chapter. A sign permit shall be required for any such alteration or relocation.

K. Notice to Remove. Afte r determining that a nonconforming sign must be removed in a ccordance with the provisions of this section, the city planner or designee shall issue a written notice to the owner of the property upon which said sign is located an d state the r equirements to bring the sign into compliance with this chapter and the date upon which said sign shall achieve conformance or be removed.

L. Removal of Amortized Signs. Any nonco nforming sign required to be removed in co mpliance with the provisions of this chapter because of expiration of the applicable time period or payment of fair and just compensation are deemed to be fully amo rtized and a public nuisance, and may be abated pursuant to the procedures established in this chapter. (Ord. 672 § 2, 2009)

9.62.100 Discontinuance of a business.

Within thirty days of the discontinuance of a business in any zone or before a new business occupies the building, whichever comes first, the sign owner, his or her agent, or the property owner shall remo ve all nonconforming signs a nd sign copy i ncluding all wording , advertising or information r elating to the discontinued business. If affixed to any structure, upon removal of the sign, the underlying structure shall be restored to the same or similar condition as existed prior to the placement of the sign. (Ord. 672 § 2, 2009)

9.62.110 Structural safety, maintenance, identification, and illumination.

A. Every temporary and permanent sign and all parts, portions, units and materials comprising the same, together with the frame, background, supports or anchorage therefor, shall be manufactured, fabricated, assembled, constructed and erected in compliance with the building, electrical and fire prevention codes of the city of Cathedral City as they now exist or may hereafter be amended, o r as they may herea fter exist.

B. Every temporary and permanent sign and all parts, po rtions, units and materials comprising the same, together with the frame, background, supports or anchorage therefor, shall be mai ntained in p roper repair and state of pr eservation. The di splay surface of all signs shall be kept neatly painted and/or posted.

C. Every sign erected, altered or relocated shall have recorded thereon in a conspicuous place in order to be readily visible, the date of approval, alteration or relo cation, the permit number and the voltage of any electrical apparatus used in connection therewith. Every sign which is internally illuminated and which

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incorporates the use of electrical apparatus or equipment within shall have posted an Unde rwriter’s Laboratory approval stamp in a conspicuous place.

D. Any sign that is more than twelve fe et from the grade to the bottom of the sign, or is more than one hundred square feet on one single sign face shall be engineered by a licensed engineer and require his or her seal.

E. All illuminated sign s in all z ones shall be d esigned in such a manner as to avoid undue glare or reflection of light on private property or the public right-of-way in the surrounding area. All lighting for signage shall comply with the city Lighting Ordinance chapter of this title.

F. In order to minimize glare, and except as otherwise expressly permitted, internally illum inated cabinet signs with white translucent background plex shall not be permitted. If uti lized, white background plex shall be opaque (day/night flex).

G. All temporary and permanent signs shall be maintained in the condition that existed at the time it was approved and installed, including the maintenance of paint, text copy, illumin ation and fixtures (if any), and plex, plastic, or vinyl covers.

H. The supporting members of a sign shall be free of any unneeded angle iron, guy wires, cables, or similar supporting devices. The support shall appear to be an architectural and integral part of the buil ding or structure.

I. Every sign erected in the city shall be subject to inspection by the building department for compliance with applicable city codes and ordinances. (Ord. 672 § 2, 2009)

9.62.120 Appeals.

A. Matters of Interpretation. Except as expressly reserved for determination by the city council or planning commission, and excluding code compliance conducted pursuant to other prov isions of the Cathedral City Municipal Code, all questions of interpretation of the provisions of this chapter, includin g objection to actions by planning department staff, shall first be submitted to the city planner for decision as an administrative matter, with no public hearing required.

B. Right to Appeal. Any aggrieved party may appeal a decision of the city planner to the planning commission. Any decision by the planning commis sion made subject to the pr ovisions of this cha pter may be appealed by the aggrieved person to the city council for public hearing and decision pursuant to Chapter 2.04 of the Cathedral City M unicipal Code. The city counci l’s decision is final as to the ci ty, but is subject to judicial review.

C. Perfecting Appeal—Time Limit for Appeal. An appeal pursuant to this section is effective when notice thereof is delivered to the city clerk within ten c alendar days of when the a ppeal right arises, on a form provided by the planning department, accompanied by any a pplicable appeal fee in an amount set by resolution of the city council, signed by the appe llant, identifying the matter or decision a ppealed from, and stating the grounds of appeal.

D. When appeal right a rises. The right to appeal pursuant to this section arises at the earliest of: (1) when written notice of the city planner ’s admi nistrative decision is personally delivered or mailed to the applicant; (2) when an appellate decision is made by vote of the a ppellate body in a duly noticed public hearing on the matter; (3) when written notice of the decision is delivered or mailed to the applicant or appellant; or (4) at the expiration of the time i n which the city planner or appellate body is r equired to make a decision.

E. Timeliness of Decision—Waiver of Time. At each stage of review pursuant to this section, all decisions shall be made within thirty cale ndar days of when the permit application is complete, the r equest for interpretation has been received, or when the appeal has been timely and properly filed. When any such

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decision is not made within the required time, and the applicant or appellant does not waive time, then the application or app eal shall be deemed d enied, and the applicant or appellant sha ll h ave th e immediate right to appeal or, if no furt her administrative a ppeal is available, to seek judicial review.

The timeliness requirement may be waived by the applicant or appellant.

F. Maintenance of Status Quo. While any decision pursuant to this s ection is pending, the status quo shall be maintaine d until the review or appeal has run its full course, unless the subject sign is in such physical condition that it presents a serious and imm ediate threat to the public health and safety, in which case i t may be a bated as a pu blic nuisance pursuant to any other applicable provision of the Cathedral City Municipal Code.

G. Appeals, Hearing and Decision. When any decision is timely appealed to th e planning commission or city council pursuant to this section , the appellate body shall hold a duly noticed publi c hearing on the matter, hear arguments and take evidence, and decide the matter within the required time period, unless the applicant or appe llant waives time. The d ecision shall be in writing and shall state facts from the record which support any findings made.

H. Judicial Review. Following exhaustion of all available appellate procedures within the city, any applicant or appellant may seek j udicial review of the city’s final decision pursuant to Califo rnia Code of Civil Procedure Section 1094.8 or other applicable provisions. (Ord. 776 § 17, 2016; Ord. 672 § 2, 2009)

9.62.130 Violation of chapter.

A. Nuisance. Any violation of the provisions of this chapter by any pers on responsible for committing, causing or maintaining such vi olation, shall co nstitute a public nuisance which shall be subject to the provisions of Title 13 of the Cathedral City Municipal Code. Any person violating the provisions in this chapter, or violating any conditions of a sign permit or other approval, shall be subject to the provisions set forth in Section 1.01.205 of the Cathedral City Municipal Code.

B. Modification, Suspension and/or Revoc ation of Validly Issued Perm it. A violation of any provi sion of this chapter by the holder of a validly issued permit and/or other city author ization granted pursuant to this or any other chapter shall constitute grounds for modification, suspension and/or revocation of said permit and/or authorization pursuant to the provisions set forth in Ch apter 13.150. Judicial review of any such administrative determination made pursuant to Chapter 13.150 shall be eligible for expedited judicial review pursuant to California Code of Civil Procedure Section 1094.8.

C. Infraction. Any violation of this chapt er b y any person responsible for committing, causing or maintaining such violation shall constitute an infraction violation and the violator shall be subject to the provisions set forth in Chapt er 13.65 of the Cathedral Ci ty Municipal Code, including, but not limited to, the imposition of any and all criminal penalties set forth therein.

D. Administrative Citation. In lieu of issuing an infraction citation, the city may issue an a dministrative citation, pursuant to Chapter 13.58 of the Cathedral City Municipal Code, to any person responsible for committing, causing or maintaining the subject violation. The issuance of an administrative cit ation shall not preclude the city from also issuing an i nfraction citation upon the occ urrence of the same subject offense on a separate day.

E. Administrative Fines. Any person issued an administrative citation under this chapter, for each separate violation, shall be subject to a fine as follows: (1) an administrative fine in an amount not to exceed one hundred dollars for the first violation; (2) an administrative fine in an amount note to exceed two hundred fifty dollars for a second violation of the same offense within a twelve-month period of the date

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of the first offense; and (3) a fin e in an amount not to exceed five hundred dollars for a third and any subsequent violation of the same offense within a twelve-month period of the date of the first offense.

F. Additional Penalties. Nothing in this cha pter shall preclude the city from purs uing any other applicable remedies available in law or equity. (Ord. 672 § 2, 2009)

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Chapter 9.64

MOBILE HOME PARK STANDARDS

Sections:

9.64.010 General provisions.

9.64.020 Property development standards—Mobile home parks.

9.64.030 Property development standards—Mobile homes.

9.64.040 Property development standards—Interior facilities of a mobile home park.

9.64.010 General provisions.

A. The uses set forth in this chapter shall be pe rmitted by conditional use permit in those zones where so allowed, subject to the property development standards provided herein.

B. Allowable uses within a mobile home park shall include:

1. Mobile home;

2. Mobile home accessory building or structure;

3. Trailer coach used as a construction project office during the time of construction; and

4. Uses which ar e accessory, including, but not limited to, laundry and restroom facilities, o ffices and recreational facilities.
(Ord. 80 Art. V(D)(1), 1984)

9.64.020 Property development standards—Mobile home parks.

Standards are as set forth in this section.

A. Site Area. Not less than ten acres of land area.

B. Maximum Density. Eight mobile home spaces per gross acre.

C. Maximum Height for Buildings and Structures. Thirty feet or two stories, whichever is lesser.

D. Yards. Yard requirements are as follows:

1. Front Yards. Each mobile home park shall have a front yard extending for the full width of the pa rcel and devoted to said use. Said front yard shall have an average width of fi fteen feet and shall not be less than ten feet at any point.

2. Side and Rear Yards. Ea ch mobile home park shall have a rear yard of not le ss than five feet in width and a side yard on each side of said mobile home park not less than five feet in width; pr ovided, however, that if a side or rear yard abuts a street, the rear yard or side stre et side yard shall have an average width of eight feet and shall not be less than five feet at any point.

E. Walls, Fences and Landscape, Each m obile home park shall be entirely enclosed at its exterior boundaries by a six -foot screen consis ting of solid m asonry or other appropriate decorative screening; provided, however, that said screen may be reduced to three feet in height when it is co nstructed in a front yard at any entrance to the park.

F. Access from Mobile Home Pa rk to Public Street. Each mobile h ome park shall have no less than two accessways for firefighting equipment, the location and design of which shall be approved by the city planner and the city’s fire marshal.
(Ord. 80 Art. V(D)(2), 1984)

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9.64.030 Property development standards—Mobile homes.

A. Minimum Area for Mobile Home Space. A mobile home space shall have not less than three thousand five hundred square feet area. In computing such area, no consideration shall be given to i nterior access drives or recreational areas.

B. Yards.

1. Each mobile home space shall have a front yard, and the front yard shall be not less than five feet in width. The front of a mobile home is deemed to be that portion of the mobile home where a tongu e or towing device is l ocated or designed to be located. A fro nt yard shall be measured from the tongue or towing device for the mobile home or, if said d evice is removed from the mobile home, to the front mobile home space line. Said minimum front yard sh all extend for the full widt h of the m obile home space.

2. Side Yard. Each mobile home space shall have a side yar d not less than four feet in width from all side mobile home space lines.

3. Rear Yard. Each mobile home space shall have a rear yard not less than five feet in width fro m all rear mobile home space lines.

4. Special Yards. The body of a coach which sides or rears on an access road, public parking area, or pedway, shall be at least ten feet from the property line; provided, however, that an open patio or awning may be constructed to within five feet of the property line.

C. Separation Between Mobile Home Un its. There shall be a minimum separation between all mobile homes to the distances as indicated herein below:

1. If the side of a mobile home faces the side of a nother mobile home or an adjacent vacant lo t which is intended for future placement of a mobile home, a twelve-foot distance is required from the body of the coach to the interior side lot line.

2. If the side of a mobile home faces the rear of another mobile home, the minimum distance shall be nineteen feet.

3. If the rear of a mobile home faces th e rear of another mobile home, the minimum distance shall be ten feet.

D. Coverage. Lot area coverage by coach and covered outdoor areas and u ncovered outdoor areas exceeding twenty-four inches in height shall not exceed seventy-five percent.

E. Parking Requirements. Parking requirements are as follows:

1. Each mobile home space shall have at least two paved off -street parking spaces and said spaces may be located in tandem to each other and within the mobile home space.

2. A mobile home park shall have at least one parking space for each four mobile home spaces or fraction thereof. These spaces shall be interspersed throughout the park in incr ements of five or less, except that more than five spaces may be grouped immediately adjacent to recreation f acilities as long as the total of all such recreation spaces does not exceed twenty -five percent of all spaces in the park, and except that the distance between groups of parking spaces shall not exceed three hundred feet.

3. The applicable provisions of Chapter 9.58 shall apply. (Ord. 80 Art. V(D)(3), 1984)

9.64.040 Property development standards—Interior facilities of a mobile home park.

A. Sanitary Sewer and Water. Each mobil e home space shall be provided wit h connections to sewer and water services.

B. Drainage Facilities and Utility Services. All storm drainage facilities, electrical, gas, tel ephone services and other utilities shall be placed und erground in conformance with city standards. The electrical, g as,

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telephone and cable TV systems shall be construc ted in a manner that co nforms to the construction methods approved by the applicable state regulatory agencies.

C. Community Center Parks (Par k and Recre ational Space). A minimum of one hundred fifty squa re feet of net usable area per mobile home space sha ll be provided for a combination of both indoor and outdoor community recreation facilities. Outdoor community recreational facilities shall be consolidated into a usable area of not less than two thousan d square feet, any single dimension of which shall n ot be less than twenty -five feet. Indoor community re creational facilities shall consist of an area of not less than two thousand five hu ndred square feet or of an area n ot less than the product of thirty -five square feet times the number of mobile home spaces within the mobile home park, whichever is greater.

D. Interior Access Drives. Access drives shall meet the following standards:

1. Interior access drives within a mobile home park shall be paved to a width of not less than twenty-eight feet from a mobile home space line to a mobile home space line.

2. Interior access drives shall be improved on each side by cement concrete rolled curbs and gutters, as approved by the city engineer.

3. All dead-end interior access drives shall have a minimum outside turning radius of forty feet.

4. All corners shall have a minimum fifteen-foot radius.

5. A mobile home space shall have a frontage of not less than fifteen feet in length on an access drive.

E. Storage Areas.

1. Service vehicles and equipment, supplies and m aintenance materials, used for maintenance of a mobile home park, shall be stored in enclosed or fenced areas.

2. Storage areas shall be provi ded for the benefit of the r esidents of each mobile home park, in which recreational vehicles, trailers, travel trailers, and other sundry type licensed vehicles may be stored. Said storage area shall contain an area equal to the product of forty square fe et times the number of mobil e home spaces in said park; provided, however, that said storage area for each mobile home park shall not be less than four thousand square feet. Such a storage area must be thoroughly screened by fencing or otherwise and designed so as to be easily accessible and compatible with the mobile home spaces.

F. Landscaping. All mobile home park areas not used for interior access drives, parking, circ ulation, buildings and service areas shall be completely and permanently landscaped, a nd the entire site shall be maintained in good condition.

G. Miscellaneous Conditions.

1. Other reasonable improve ments may be r equired by the planning commission upon r eview of the application for a mobile home park.

2. Subdivision or lot sales may be allowed subject to compliance with all applicable codes and ordinances. (Ord. 80 Art. V(D)(4), 1984)

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Chapter 9.66

NONCONFORMING USES, LOTS, STRUCTURES AND OTHER IMPROVEMENTS*

Sections:

9.66.010 Purpose.

9.66.020 Determination of nonconforming status.

9.66.030 Nonconforming uses.

9.66.040 Nonconforming lots.

9.66.050 Nonconforming structures.

9.66.060 Other nonconforming site improvements.

9.66.070 Nonconformity with performance standards.

9.66.080 Uses under variance or conditional use permit.

9.66.090 Amortization of outdoor advertising structures or billboards.

* Prior ordinance history: Ords. 80, 483 and 489.

9.66.010 Purpose.

It is the purpose of this chapter to provide regul ations under which lawfully existing uses, lots, structures and other improvements that do not comply with this ordinance, may continue in a manner and for a period of time that encourages i mplementation of local land use and development policy and those regulations that have been adopted in support of that policy. (Ord. 495 § 3, 1998)

9.66.020 Determination of nonconforming status.

In the interest of protecting the public health, safety and general welfare; uses, lots, structures and other improvements which are lawfully exis ting but which do not comply with this chapter are det ermined to be nonconforming.
(Ord. 495 § 3, 1998)

9.66.030 Nonconforming uses.

A nonconforming use may continue until such time as it has been abandoned.

A. A nonconforming use shall not be e xpanded or increased in intensity. An expansion includes an increase in the size of the site occupied by the use, an increase in the percentage of the site occupied by the use or an increase in the floor area occupied by the use. An increase of intensity includes but is not limited to the following: modification to the use such that additional on-site parking is required pursuant to Chapter 9.58, expanded hours of operation; addi tion of other activities such as dancing or live entertainment. The city planner shall make the determination as to whether an expansion or i ncrease in intensity has or would occur.

B. Should the structur e and/or improvements which accommodate a nonconform ing use be da maged or destroyed by fire, earthquake, flood or any other natural disaster, accident or intentional act, the use may continue only if the structure and/or i mprovements accommodating the use are permitted to be repaired or reconstructed under this chapter.

C. Any portion of a parcel of land or of a stru cture which is altered or changed to a confor ming use shall not thereafter be used for a nonconforming use. A portion of a parcel of land or building upon which the

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nonconforming use has been discontinued shall be deemed for these purposes to have been changed to a conforming use, and said portion of the land shall not thereafter be again used for a nonconforming use.

D. Where a nonconforming use exists at a location where the structures and/or other site improvements are designed in a manner that su pports the nonconforming use (e.g. an apar tment building is designed to support residential use), a conforming use may not be established at the site or within the structure until such time as the prope rty has been converted to support the conforming use pr oposed. A conversion request shall be made to the city in the form of either an administrative design review, design review, or conditional use permit, as determined appropriate by the city planner.

E. A change in ownership, tenancy, proprietorship, or management of a nonconforming use shall not affect its nonconforming status.

F. Existing, legally permitted multi-family uses (two units or more on a lo t) in the R-1 zone in the area bounded by Ramon Road and Dinah Shore, and b etween Date Palm Drive and the Whitewater River, shall be deemed conforming.
(Ord. 554 § 1, 2002; Ord. 553 § 4, 2002; Ord. 495 § 3, 1998)

9.66.040 Nonconforming lots.

A nonconform ing lot ma y be developed and used in accordance with this chapter provided all regulations of the district within which the lot exists can be met. (Ord. 495 § 3, 1998)

9.66.050 Nonconforming structures.

A nonconforming s tructure may be maintained until s uch time as it is either destroyed or the use that occupies the structure is abandoned.

A. A destroyed nonconforming structure shall not be repaired or rebuilt unless it is done so in compl iance with all current regulation s of the city and the state including, but not limited to, this code, applicable specific plan(s), zoning ordinances, building, plumbing, mechanical and fire codes.

B. A nonconforming structure that is da maged but not destroyed, may be repaired, reco nstructed or restored provided that such repair, reconstruction or restoration shall be co mmenced no later than six months from the date of such damage or partial d estruction, and shall be completed within six months after said commencement, or at a later time a s is approved by the city planner. Should commencement and/or completion not occur in compliance with these provisions, a structure shall not be further repaired, reconstructed or restored unless it is done so in compliance with all current regulations of the city and the state including, but not limited to, this code, applicable specific Plan(s), zoning ordinances, building, plumbing, mechanical and fire codes.

C. A nonconforming structure wherein the use has been abandoned, sha ll not be occupied again unt il such time as it is brought into conformance with current regulations.

D. A nonconforming structure shall not be added to or enlarged; however, structural alter ations may be made provided the alterations do not exacerbate the structure’s nonconformity.

E. A nonconforming structure shall not be moved in whole or in part to any other location on the lot unless said building or structure which is moved is made to conform to the regulations of the zone in which it is located.

F. Nothing in this chapter shall be construed to prevent ordinary m aintenance and repairs to nonconforming structures a nd/or the strengt hening or restoration to a safe condition of any structure declared to be unsafe by the building official.

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G. Existing, legally permitted multi-family dwelling uses (two units or more on a lot) in the R-1 zone in the area bounded by Ramon Road and Dinah Shore, and b etween Date Palm Drive and the Whitewater River, shall be deemed conforming.
(Ord. 554 § 1, 2002; Ord. 553 § 5, 2002; Ord. 495 § 3, 1998)

9.66.060 Other nonconforming site improvements.

A nonconforming site improvement such as a parking lot, lighting, landscaping, a fence, etc., may be maintained until such time as it is destroyed or the use that occupies the site is abandoned.

A. A destroyed nonconformi ng improvement shall not be repaired or rebuilt unless it is done so in compliance with all current regulations.

B. A nonconforming improvement on a site where the use has been abandoned, shall be brought into conformance prior to the reestablishment of a use on the property.

C. A site that includes nonconforming improv ements may be expande d or have facilities added, provided that the expansion or addition meets all current development requirements.

D. Nothing in this c hapter shall be construed to prevent o rdinary maintenance and repairs to nonconforming site improvements or corre ctions to i mprovements determined to be unsafe by the city planner.
(Ord. 554 § 1, 2002; Ord. 495 § 3, 1998)

9.66.070 Nonconformity with performance standards.

The use of land or structures which does no t meet the standards of performance for said uses or the standards for equipment employed in the oper ation of said uses as required by this chapter, shall be brought into conformity with said st andards within a period of one year fr om the effective date of the ordinance codified in this chapter, otherwise the nonconforming use shall be discontinued. (Ord. 495 § 3, 1998)

9.66.080 Uses under variance or conditional use permit.

The nonconforming uses and buildings which are existing u nder a variance or a con ditional use permit granted under this chapter, or any previous ordinance shall be permitted to continue under the conditions and regulations imposed in said permit or variance.
(Ord. 495 § 3, 1998)

9.66.090 Amortization of outdoor advertising structures or billboards.

A. Outdoor advertising structures or bil lboards which do not fall within subsection B of this section, shall be subject to an amortization p eriod of five years, provided that the city, pu rsuant to Business and Professions Code Se ction 5412 e t seq., pays to the owner or owners of the structure or billbo ards and the owner or owners of the land upon which the structure or billboard is located just compensation for removal of the subje ct structure or billboard, or the part ies mutually agree to re locate the structure or billboard. Nothing set forth herein sh all require the payment of just compensation pu rsuant to Business and Professions Code Section 5412 if an outdoor advertising structure or billboard is removed because a permit, license or appro val is requested for the construction of a building or structu re which cannot be built without physically removing the subject structure or billboard.

B. Amortization of Outdoor Advertising Structures or Billboards Located in Residential Areas.

1. Provided all the conditions set forth in subse ction (B)(3) of this sec tion exist and provided that the city provides a Notice of Removal, a nonconforming outdoor advertising structure or billboard locat ed in

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any residential zone of the city may be maintained for t he periods of time set forth below after which they may be ordered to be removed without compensation.

Fair Market Value on Date Notice of Removal is
Served
Minimum Years Allowed
Under $1,999 Two Years
$2,000 to $3,999 Three Years
$4,000 to $5,999 Four Years
$6,000 to $7,999 Five Years
$8,000 to $9,999 Six Years
$10,000 and over Seven Years

2. The fair market value amounts set forth in subsection (B)(1) of this section are the January 1, 1983 base fair market values which must be adj usted each January 1st since January 1, 1983 in accordance wit h the changes in buil ding costs, as indicated in the United States D epartment of Commerce Composite Cost Index for Construction Cost s, to determine the actual fair market value of the subject nonconforming structure or billboard on the date the Notice of Removal is served.

3. The city may order the removal without co mpensation of any outdoor advertising structure or billboard under this section only if all of the following conditions exists:
a. The structure or billboard is located within an area shown as “ residential” in the city general plan as of either the date the ordinance cod ified in this chapter was enacted or becomes applicable to the area which incorporates the provisions of this section.
b. The structure or billboard is not located within six hund red sixty feet from the edge of the right -of-way of an interstate or primary hig hway with its copy visible from the highway, nor is placed or maintained beyond six hu ndred sixty feet from the ed ge of the right-of-way of an interstate or primary highway with the purpose of its message being read from the main traveled way; and c. The structure or billboard is not required to be removed because of an overlay zone, combining zone, or any other special zoning district whose primary purpose is the removal or control of outdoor advertising displays.

4. For purposes of this chapter, the following words and phrases shall have the following meanings:
“Interstate highway” means any highway at any time offi cially des ignated as a part of the n ational system of intersta te and defense highways by the Director of Transportation of the state of Cal ifornia and approved by appropriate authority of the federal government. “Just compensation” shall have the same mea ning as de fined in the Eminent Domain Law (Title 7, commencing with Section 1230.010, of Part 3 of the Code of Civil Procedure). “Primary highway” shall mean any highway, other than an intersta te highway, at any time off icially designated as a part of the federal-aid pr imary system by the Director of Transportation of the state of California and approved by appropriate authority of the federal government. “Six hundred sixty feet from the edge o f the right-of-way” shall mean six hun dred sixty feet measured from the edge of the right -of-way horizontally along a line n ormal or perpendicular to the ce nterline of the highway.
(Ord. 495 § 3, 1998)

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Chapter 9.68

SPECIAL USE PERMITS

Sections:

9.68.010 Purpose.

9.68.020 Applicability.

9.68.030 Application.

9.68.040 Fee.

9.68.050 Decision process.

9.68.060 Conditions of approval.

9.68.070 Director approval.

9.68.080 Appeals.

9.68.090 Time limit.

9.68.100 Revocation.

9.68.110 Reapplication.

9.68.010 Purpose.

It is the purpose of this chapt er to provide for an eff icient and timely method to approve uses that are temporary by their nature and do not meet the general criteria of permanent use noted in the land use regulations of this code.
(Ord. 386 § 4, 1993; Ord. 80 Art. V(E), 1984)

9.68.020 Applicability.

A. A special use permit is required for the following uses:

1. Temporary swap meet;

2. Rummage sales sponsored by a nonprofit organization;

3. Carnivals, circuses, and other traveling entertainment events;

4. Christmas tree sales on vacant property or parking lots;

5. Parades, bike races, marathons, etc.;

6. Temporary buildings or trailers used for o ffice use, storage or sales prior to completion of permanent facilities, provided that plans for the perm anent facilities have been approved by the city. The special use permit may be extended by the city planner for a maximum of two times for a period not to exceed an additional ninety days each;

7. Temporary storage yards used for staging of construction pr ojects that are under constru ction. Th e special use permit may be extended by the city planner for the duration of the construction project;

8. Special shows, such as vehicle displays, auctions, animal association events, etc.;

9. Any other similar use tha t the city planner determines is temporary in nature and furth er provided that said use is found not to be detrimental to surrounding neighborhood.

B. Uses not requiring a special use permit are:

1. Sales promotion or grand openings, provided that application for temporary sign permit is obtained;

2. Garage and rummage sales by private citizens on property within their ownership or other control;

3. Uses specifically regulated per other authority in the city codes. (Ord. 554 § 1, 2002; Ord. 386 § 4, 1993; Ord. 80 Art. V(E), 1984)

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9.68.030 Application.

The city planner shall provide an application form that must be completed an d submitted to the city planner. In addition, the city planner may request the following if determined necessary to properly assess the application or protect the city and property owners:

A. Plot map showing location of the use, other building(s) and parking area on the site, all driveways to the site, and all surrounding properties and streets;
B. Insurance policy or policies naming the city, its officers, agents and emp loyee as additional insu reds, issued by a company satisfactory to the city attorney, a nd in an amount determined to be adequate for the risks involved in the activity, as determined by the city planner; C. Cash bond for cleanup or material removal;
D. Documentation from the property owner agreeing to the use as specified in the application. (Ord. 554 § 1, 2002; Ord. 386 § 4, 1993; Ord. 80 Art. V(E), 1984)

9.68.040 Fee.

A fee as determined by resolution of the city cou ncil to defray the costs and expenses of the city in processing the application shall be paid prior to a ccepting the applica tion for filing, no part of which fee shall be refundable to applicant.
(Ord. 386 § 4, 1993; Ord. 80 Art. V(E), 1984)

9.68.050 Decision process.

A. The city planner , or his designee, shall imm ediately up on receipt of a completed applic ation as determined by the city planner, distribute the application to the following:

1. Appropriate city department for review and comments on matters pertaining to site pla nning, land use, building construction, streets, grading and public safety;

2. Other local governmental agency, or utility district as necessary.

B. A decision shall be rendered by the city planner or his designee within ten working d ays of receipt of the completed application based on the comments received.

C. The city planner may approve, approve with conditions, or deny the application.

D. The applicant may request an accelerated dec ision provided that an additional fee is paid to accommodate the special processing requ ired to accelerate. Howe ver, in no case shall the city be requested to make a decision within five working days from application acceptance. (Ord. 554 § 1, 2002; Ord. 386 § 4, 1993; Ord. 80 Art. V(E), 1984)

9.68.060 Conditions of approval.

The city planner is authorized to plac e conditions on an approved special use permit that i nclude, but are not limited to the following:

A. A fixed period for each use;
B. Hours of operation;
C. Limits on ingress and egress to the s ite and a ppropriate directional signin g, barricades, fences or landscaping;
D. Security;
E. Temporary off-street parking facilities;
F. Removal of all materials and equipment and restoration of the premises to the original condition; G. Special signage;
H. Maintenance of dust-free conditions.

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(Ord. 554 § 1, 2002; Ord. 386 § 4, 1993; Ord. 80 Art. V(E), 1984)

9.68.070 Director approval.

The city planner may approve a special use pe rmit if he determines that the use would not be injur ious to existing improve ments and land uses or would be detrim ental to the surrounding area or t he public in general.
(Ord. 554 § 1, 2002; Ord. 386 § 4, 1993; Ord. 80 Art. V(E), 1984)

9.68.080 Appeals.

Any applicant or aggrieved person may appeal any determination of the city planner or any condition or requirement of a special use permit to the ci ty council, or the council may order a review of sai d determination or any condition or requirement thereon, within ten working days from the city planner ’s decision.
(Ord. 554 § 1, 2002; Ord. 386 § 4, 1993; Ord. 80 Art. V(E), 1984)

9.68.090 Time limit.

The uses allowed by the special permit shall commenc e within ninety days of the issuance of said permit, otherwise the permit shall expire and become void. (Ord. 386 § 4, 1993; Ord. 80 Art. V(E), 1984)

9.68.100 Revocation.

A special use permit may be revoked for the following reasons:

A. The permitted use is being conducted in a manner which is detrimental to the public health, morals, peace, safety or welfare of the city, or constitutes a public nuisance, or B. The permi ttee acquired the specia l use perm it by making or causing to be made factual misrepresentations, material nondisclosures or false or misleading statements in its applic ation for such permit or in any statement or representations to the city planner, or C. Conditions of the permit have not been fully complied with. (Ord. 554 § 1, 2002; Ord. 386 § 4, 1993; Ord. 80 Art. V(E), 1984)

9.68.110 Reapplication.

No person shall reapply for a similar special use permit if an app lication for such has been d enied or revoked, if such reapplication is within a period of one calendar year from the date of the final decision on a previously similar application, unless such final decision was a denial of the appl ication without prejudice.

The city planner may waive this res triction if he determine s conditions have changed since the previous denial or revocation.
(Ord. 554 § 1, 2002; Ord. 386 § 4, 1993; Ord. 80 Art. V(E), 1984)

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Chapter 9.70

HOME OCCUPATIONS

Sections:

9.70.010 Purpose.

9.70.020 Permitted uses.

9.70.030 Prohibited uses.

9.70.040 Business license required.

9.70.050 Permit required.

9.70.060 Permit fee.

9.70.070 Operating standards.

9.70.080 Term of permits.

9.70.090 Revocation of permit.

9.70.100 Appeal procedure.

9.70.110 Violation a public nuisance.

9.70.120 Nonconforming.

9.70.010 Purpose.

These provisions allow for the conduct of home en terprises within residential zones which are incidental to and compatible with surrounding res idential uses. A home occupation repre sents a legal income-producing activity by the occupant of the dwelling. (Ord. 208 § 2, 1988; Ord. 80 Art. V(G), 1984)

9.70.020 Permitted uses.

To meet the purpose of this chapter, home o ccupations are to be limited to those uses that are prima rily office-oriented with limited storage of material and equipment. These uses are:

A. The in-home office of a contractor, consultant, bookkeeper or other similar profession whose function is one of rendering a service and such function does not involve the dispensation of goods or products; B. Secondary business offices, whe re s aid bu siness has its principal office, staff and equi pment located elsewhere;
C. The in -home office of a salesperson , e-commerce business, or online service when all sales are conducted by t elephone, internet/online or corr espondence with no commoditie s or displays on the premises;
D. Drafting, designing arts, crafts and the like using only normal drafting artist equipment; E. Babysitting service or home child care facilities as permitted by the zone district; F. Music instruction provided no more than one student is instructed at one time; and G. Any other use similar to the above as determined by the city planner. (Ord. 208 § 2, 1988; Ord. 80 Art. V(G), 1984)

9.70.030 Prohibited uses.

To add emphasis to the types of uses that are not permitted as home occupations, the following uses are specifically prohibited:

A. Automotive repair (body or mechanical), upholstery and painting; B. Barber, beauty, manicuring, masseuse, and similar enterprises;

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C. Carpentry, cabinet-making and furniture repair;
D. Machinery, equipment or appliance repair;
E. Professional and medical offices and laboratories;
F. Construction offices where there is storage of material and equipment, and the transporting of employees;
G. Storage for fee; and
H. Any similar use and those uses not listed as a permitted use. (Ord. 208 § 2, 1988; Ord. 80 Art. V(G), 1984)

9.70.040 Business license required.

It is unlawful for any person to carry on any home occupation in the city without first having procured a business license and complied with any and all applicable provisions. (Ord. 208 § 2, 1988; Ord. 80 Art. V(G), 1984)

9.70.050 Permit required.

Application for a home occupation permit shall be made to the city planner. The city planner may issue a home occupation use permit upon d etermining that t he proposed home occupation can meet all the requirements of this chapter.
(Ord. 208 § 2, 1988; Ord. 80 Art. V(G), 1984)

9.70.060 Permit fee.

When the application for a home occupation is filed, the city planner shall collect a fee for the permit in such amount as may have been established by resolution of the city council. (Ord. 208 § 2, 1988; Ord. 80 Art. V(G), 1984)

9.70.070 Operating standards.

A permitted home occupation as def ined above shall be conducted in compl iance with the follo wing criteria:

A. No one other than the resident of the dwelling s hall be employed on the premises in the co nduct of the home occupation.

B. The home occupation shall be conducted e ntirely within the enclosed area of the main building. Space within an attached garage may be used for the co nduct of a home occupation only when it does not interfere with the off -street parking of vehicles as required by this zoning ordinance. The home occupation shall not occupy more than twenty-five percent of the total area of the entire structure.

C. A home occupation shall not be conduct ed within any accessory structure; however, storage of supplies may be permitted within an accessory structure.

D. There shall be no outdoor storage or display of equipme nt, machinery, supplies, materials or merchandise.

E. There shall be no sales activity , either wholesale or retail, except mail order sales, nor shall there be an office open to the general public.

F. There shall be no more than a one -day supply of hazardo us materials stored on t he p remises at any given time (i.e., pool chlorine, paint thinner, etc.)
G. There shall be no dispatching of persons, equipment or supplies to or from the subject property.

H. The use of vehicle s for the operation of the home occupa tion shall be limited to one vehicle having a manufacturer’s gross vehicle weight, per California Vehicle Code, Section 390, rating of less than ten

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thousand lbs. No other vehicles shall be parked or stored on the property that are in any way used in the operation of the home occupation. For the purpose of this section, a vehicle used for a home occupation is any vehicle, trailer or equipment that does or has any of the following: is used in the operation of the home oc cupation, tran sports supplies or peopl e that are i nvolved with the home occupation, has a commercial license, has the company name or other commercial identification on the vehicle, has racks or containers on the vehicle that could be used for carrying equipment or supplies.

I. There shall be no use of any mechanical equipment, appliance or motor on the premises in the operation of the home occupation, except for small appliances normally found in a home such as, typewriters, and sewing machines.

J. There shall be no signs or other devices identifying or advertising the home occupation.

K. The appearance of the building or lot s hall not be altered, or the home occupation be so co nducted that the lot or building may be reason ably reco gnized as serving a nonre sidential use (either by color, materials, construction, lighting, sounds, vibrations, etc.).

L. The use shall not generate pedestrian or vehicular traffic beyond that normal to the zone in which it is located.

M. The use shall meet reasonable special cond itions established by the city planner and made of record in the home occupation permit, as may be deemed necessary to carry out the intent of this division.

N. More than one home occupation may be considered by the city planner provided that the subseque nt home occupations are an e -commerce or online business and t he applicant(s) complies with all other operating standards.

(Ord. 208 § 2, 1988; Ord. 80 Art. V(G), 1984)

9.70.080 Term of permits.

All permits for home occupations shall co ntinue in exist ence until abandoned or revoked. A hom e occupation permit shall be considered abandoned if the business license is not renewed. (Ord. 208 § 2, 1988; Ord. 80 Art. V(G), 1984)

9.70.090 Revocation of permit.

If the city planner determines that a home o ccupation is being conducted in violation o f the provisions of this chapter, he or she shall cause a notice of violation and revocation of permit to be mailed, by cert ified mail, to the permittee at the address shown on the home occupation permit. The home occu pation permit shall be deemed revoked ten days from the date o f mailing of said notice. Upon revocation of the home occupation permit, the city business license shall become null and void. (Ord. 208 § 2, 1988; Ord. 80 Art. V(G), 1984)

9.70.100 Appeal procedure.

The applicant or permittee of a home occupation may appeal any decision made by the city planner to the city council by written appeal filed with the city clerk within ten days of notification of the decision. (Ord. 208 § 2, 1988; Ord. 80 Art. V(G), 1984)

9.70.110 Violation a public nuisance.

Any violation of this chapter is a public nuisance.
(Ord. 208 § 2, 1988; Ord. 80 Art. V(G), 1984)

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9.70.120 Nonconforming.

All existing home occupations that were made nonconforming on the date of the adopti on of the ordinance codified in this chapter, March 2, 1988 are considered lawfully existing and may continue unless a request is made in writing by the city planner and delivered by certified mail to cease. Upon receipt of the notice, the home occupation shall cease within six months. (Ord. 208 § 2, 1988; Ord. 80 Art. V(G), 1984)

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Chapter 9.72

CONDITIONAL USE PERMITS

Sections:

9.72.010 Purpose.

9.72.020 Specific uses permitted subject to conditional use permit.

9.72.030 Application.

9.72.040 Planning commission and/or city council granting—Criteria.

9.72.050 Denial of conditional use permits.

9.72.060 Effective date—Final decision.

9.72.070 Planning commission and city council public hearings—Procedure.

9.72.080 Appeal process.

9.72.090 De novo review by city council of planning commission action.

9.72.100 Permit to run with the land.

9.72.110 Time limit.

9.72.120 Revisions to site plan.

9.72.130 Revocation.

9.72.140 Maintenance of site, building and landscaping.

9.72.150 Existing permits.

9.72.160 New application.

9.72.010 Purpose.

The conditional use permit is i ntended for those types of land uses which require special co nsideration because they possess unique characteri stics or present special issues that make being a permitted use impractical or undesirable. The city staff should consider the following with regard to evaluating conditional uses: appropriate area needed for the proposal, traffic and noise impacts, potential odors and light pollution, vibration, smoke or other problems incidental to its operation. Applicants shall not be de emed to have any “right” to a conditional use permit; such permit is a discr etionary action under the zoning regulations, the granting of the permit shall be viewed as a special dispensation. The city has sole authorit y to grant the entitlement to an appli cant and a conditional u se p ermit shall only be granted with the esta blishment of certain conditions to protect the health, safety and general welfare of the neighborhood or community, subject to the following findings:

A. The use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this chapter.

B. The use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detri mental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located.

C. The site for the intended use is adequate in size and shape to accommodate such use and all of the yards, setbacks and walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses on land in the neighborhood.

D. The site for the proposed uses relates properly to str eets and highways which are designed a nd improved to carry the type and quantity of traffic generated or to be generated by the proposed use.

E. The applicant agrees to comply with any and all of the conditions imposed by the review authority or be subject to a revocation hearing.

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Uses existing on the effective date of the ordinance codified in this chapter which are listed as permitted subject to conditional use permit in the zone in which they are located may continue without securing such a permit; however, any extension or expansion of such use shall require a conditional use permit. (Ord. 714 § 6, 2012)

9.72.020 Specific uses permitted subject to conditional use permit.

Uses identified as conditional uses in the city’s zones may be permitted in such zones pursuant to the provisions of this chapter.
(Ord. 714 § 6, 2012)

9.72.030 Application.

The application for a condi tional use permit shall be completed on the official application su pplied by the city and filed with the community development planning department by the owner of the property for which the perm it is sought, or by the lessee having a lease -hold interest or by the a gent of any of the foregoing duly authorized in writing.
(Ord. 714 § 6, 2012)

9.72.040 Planning commission and/or city council granting—Criteria.

A. When approving a co nditional use p ermit the pla nning commission and/or city council may grant a conditional use permit under any pr ovisions of this chapter. Denial of a conditional use permit shall be based on written findings that show substantial evidence in review of the whole record to justify a denial.

B. Prior to making the findings listed in Section 9. 72.010 of this chapter, the planning commi ssion and/or the city council should in its deli beration consider whether the proposed use at the proposed location is detrimental to other exi sting and per mitted uses in the general area thereof and relates proper ly to existing and proposed streets and highways.

C. In granting a conditional use permit, the pla nning commission and city council may impose such reasonable conditions as are deemed n ecessary and desirable to protect the public health, safety, convenience and general we lfare of the city, in accordance with the intent and purpose of the city zoning regulations.

D. If a conditional use permit is granted by the city council or planning co mmission, the use s hall be subject to all property development standard s of the zone in which the use is l ocated and that the planning commission or city council may impose additional conditions if necessary.

E. All conditional use permits a pproved by the city council or pla nning commission are su bject to all aspects of the d esign review process, including, but not limited to, review of arch itecture, building color, signage, landscaping, fencing, and parking.
(Ord. 714 § 6, 2012)

9.72.050 Denial of conditional use permits.

If the planning commission and/or city council deems a proposed conditional use is unsuitable to an area the project may be denied on the basis of one or more of the findings found in Section 9.72.010. The specific findings must be made part of the record of the meeting. (Ord. 714 § 6, 2012)

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9.72.060 Effective date—Final decision.

A. A conditional use permit granted by the co mmission as provided in this chapter shall b ecome effective immediately upon the expiration date of the appeal period per Section 9.72.080 of this chapter.

B. A conditional use permit g ranted by the cou ncil, as provided in this chapter, shall become effective immediately upon the council’s a ction to grant the permit . All decisions of the council concern ing the merits of the application shall be final.

C. The effective date of a condition al use permit shall be the original date of approval of the conditional use permit for purposes of determining the date of expiration pursuant to Section 9.72.120. (Ord. 714 § 6, 2012)

9.72.070 Planning commission and city council public hearings—Procedure.

A. Notice of public hearing shall contain the time and place of the hearing and the location and pr oposed use of the subject property.

B. Notice of public hearing, in accordance with the provisions of Government Code Sections 65090 and 65091, shall be g iven by U.S. mail, postage prepaid, to owners of real property l ocated within three hundred feet of the exterior boundaries of the p arcel of property to be co nsidered, as shown by the l ast equalized assessment roll and on any updates issued by the county assessor.

C. Notice shall be mailed pursuant to subsection A of this section, postage prepaid, not less than ten days before the hearing date.

D. Notice shall be posted on the exterior o f City Hall i n a pl ace that is accessible to the public du ring nonworking hours.

E. Public Hearing—Procedure.

1. At the time and place so fixed and n oticed, the public hearing shall be conducted before t he planning commission. The commission may establish its own rules for the conduct of pu blic hearings and the member of the commission presiding at such hearings is empowered to administer oaths to any person testifying.

2. The commission may for any reaso n, when it deems such action necessary or desirable, continue such hearing to a time and place certain.

3. A summary of all pertinent testimony offered at the public hearing, the names and addresses of persons testifying, copies of all notices, a ffidavits of posting and publication, and record s of action tak en shall be a part of the files of the case.
(Ord. 714 § 6, 2012)

9.72.080 Appeal process.

A. Any person aggrieved or affected by the final determination of the planning commission concer ning an application for a conditional use permit incl uding any condi tional requirement imposed on the project may appeal the decision within ten calendar days from the planning commission’s decision by filing the city’s appeal application with the community development planning department and paying the established fee as set forth by the city council.

B. The community development director city planner or designee shall schedule a public hearing subject to the requirements of Section 9.72.070 of this chapter.

C. The community deve lopment director city planner or de signee sh all transmit to the city counci l a written report, copies of the application, a nd co pies of all other papers constituting the record upon which the commission’s decision was taken, including, but not limited to, the mi nutes of all hearings thereon and shall submit to the council a writt en report, prepared from the record upon which the final

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determination was made, stating the factual and legal basis on which the commission found and determined that the application met or failed to meet the criteria and req uirements provided in this chapter for granting a conditional use permit.

D. The council may affirm, reverse or modify, in whole or in part, any final determination, co ndition or requirement of the commission which is a ppealed from or ordered to be reviewe d by the council. After reviewing the record of the commission’s proceedings relating to the decision, condition or requirement appealed from or ordered to be reviewed by the council, i ncluding, but not limited to, the ap plication, minutes of hearings, not ice of appeal and the commissio n’s re port, the council may affirm without further action the determination, requirement or condition appealed from or ordered to be reviewed.

E. On the date a notice of appeal is filed unde r this chapter, or on the date the council orders a r eview of the commission’s determination, condition or requirement, all proceedings in furtherance of the determination, condition or requirement appealed from or ordered to be reviewed by the council, including the effective date of the permit in question, shall be stayed until the final determination by the council of the appeal or council-initiated review.
(Ord. 714 § 6, 2012)

9.72.090 De novo review by city council of planning commission action.

The city council can initiate a de novo review of any conditional use permit by requesting the item via the city manager to be on the next city council agenda. If a majority of the quorum present is in agreement to conduct a de novo review they may order a review of all or part of that determination in the same manner as provided for in the appeal process in Section 9.72.080. The item shall be presented at a city council meeting after the order of review and the city council shall conduct a de novo review and m ay add, modify, or delete any part of the project and/or conditions of approval.
(Ord. 714 § 6, 2012)

9.72.100 Permit to run with the land.

A conditional use permit or zoning use permit approved in compliance with the provisions of this chapter shall continue to be valid upon a change of ownership of the business, parc el, service, structure, or use that was the subject of the permit application in the same area, configuration, and manner as it was originally approved in compliance with this chapter.
(Ord. 714 § 6, 2012)

9.72.110 Time limit.

A. A conditional use permit shall expire within twenty -four months after the original date of approval by the final approving body, unless a co mpleted building permit application has been submi tted. A “completed buildi ng permit application” shall mean a ll required fees, stru ctural pl ans, s ite plans, grading plans and other documents required pursuant to the conditional use permit. The building official in consultation with the community development director city planner or designee shall have authority to determine the sufficiency of the build ing pe rmit application as complying with the criteria in t his section.

B. A conditional use permit shall expire upon expiration of a building permit which has been i ssued in accordance with subsection A of this section.

C. When an applicant desires an exte nsion of a conditional use permit, and the conditional use permit is not coupled with a tentative tract map or parcel map, the final approving body at its sole di scretion may grant an extension of time not to exceed one year from the original expiration of such permit.

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D. Notwithstanding Ordinance No. 659, when a n applicant desires to be granted an extension of a conditional use permit, and the conditional use permit is coupled with a tentati ve tract map or pa rcel map, the final approving body at its sole discretion may grant an extension of time not to exceed the life of the map including any extensions approved by the city of Cathedral City or the state.

E. The application to file an extensi on for a conditional use permit must be filed on a form as provide d by the city and must be completed and filed with the city prior to the expiration of such permit.

F. For purposes of this section, final approving body shall mean the planning commission o r the city council, whichever body gave final approval of the approved conditional use permit. (Ord. 714 § 6, 2012)

9.72.120 Revisions to site plan.

A. Any exterior changes to the design of the building or landscaping that involve no expa nsion shall be handled via an administrative design review per Section 9.78.040 or 9.78.050 of the municipal code as an administrative design review.

B. Revisions other than minor revisions, as d efined in subsection A of this section, may be made pursuant to the regular conditional use permit procedure set forth in Section 9.72.040 of this chapter.

C. All copies of the approved revised site pla n shall be dated and signed by the community development director city planner or designee and made a part of the record of the subject condi tional use permit .

One copy of such approved revised site plan shall be mailed to the applicant. (Ord. 714 § 6, 2012)

9.72.130 Revocation.

A. The planning commission and/or the city council, on their own motion may, initiate a revocation and shall hold a hearing to make a recommendation to the city council upon the ques tion of the revocation of a conditional use permit granted under, or pursuant to, the provisions of this chapter. The city council shall be the final acting body for all revocation proceedings.

B. Revocations shall be a public hearing in accordance with Government Code Section 65091, as follows:

1. Mailed or deli vered in person at least ten days prior to the hearing to the owner of the subject real property and to the project applicant.

2. Mailed or delivered at least ten days pr ior to the hearing to each a ffected local agency whose ability to provide service may be significantly impacted.

3. Mailed or delivered at least ten days prior to all owners of real property within three hu ndred feet of the real property subject to the hearing.

4. The hearing shall be posted on site in accordance with Section 9.72.080(E) of this chapter.

C. A conditional use permit, whether granted automatically for a nonconforming prior use, or pursuant to a hearing, may be revoked if the commission and council find:

1. That the use is detrimental to the public health or safety or is a nuisance.

2. That the conditional use permit was obtained by misrepresentation or nonstatement of facts.

3. That the use for which the permit was granted is not being exercised.

4. That the use for which the permit was granted has ceased; or been suspended for one year or more.

5. That the condition of the improvements, if any, on a property for which a no nconforming conditional use permit is operative is such, that they can b e used or altered so as to b e used in conformity with the uses permitted in the zone i n which such property is located without i mpairing the constitutional rights of any person.

6. That the applicant has failed to comply with the development approval and/or conditions of approval.

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(Ord. 714 § 6, 2012)

9.72.140 Maintenance of site, building and landscaping.

Notwithstanding performance standards r equired to be met under Chapter 9.86, all improv ements approved for construction based upon the procedures established herein are required t o be maintained so as to substantially comply with the pla ns approved for construction unless modific ations are approved by the city. The improvements to be maintained include, but are not l imited to, site improvements, such as parking and walking su rfaces, drainage control facilities, fences, signs, and lights; building and accessory structure improvements, such as paint colors and other finish mater ials, roofing materials, mechanical equipm ent, windows, trellises, canopies, and all architectural features; and landscape improvements, such as plant type, size and number and all irrigation system components. Any new signage that is installed must have the surrounding area painted and patched to match the existing area in color and surface. (Ord. 714 § 6, 2012)

9.72.150 Existing permits.

Any conditional use permit granted prior to the effective date of the ordinance codified in this chapter shall be a conditional use permit under this chapter s ubject to all con ditions imposed in su ch permit unless otherwise provided in this chapter. Such permit may, however, be revo ked or voided as provided in Section

9.72.130.
(Ord. 714 § 6, 2012)

9.72.160 New application.

Following the denial of a conditiona l use pe rmit appl ication or the revoca tion of a use permit, no application for a use permit for the same or su bstantially th e same conditional use on the same or substantially the same site shall be filed within one year from the date of denial or revocati on of the use permit unless such denial was a denial without prejudice. (Ord. 714 § 6, 2012)

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Chapter 9.74

CHANGE OF ZONE OR ZONING ORDINANCE TEXT

Sections:

9.74.010 Zoning map amendment procedure.

9.74.020 Initiation.

9.74.030 Application—Filing—Contents.

9.74.040 Application—Consideration after denial.

9.74.050 Application—Filing fee.

9.74.060 Appeal—Filing fee.

9.74.070 Public hearing—Date—Notice.

9.74.080 Investigation.

9.74.090 Public hearing—Procedure.

9.74.100 Findings—Decision.

9.74.110 Council action.

9.74.120 Criteria.

9.74.130 Denial—Appeal.

9.74.140 Original—Filing.

9.74.150 Publication.

9.74.160 Periodic revisions of zoning map.

9.74.170 Text amendment procedure.

9.74.180 Initiation.

9.74.190 Staff investigation.

9.74.200 Public hearing—Commission—Notice.

9.74.210 Public hearing—Commission—Recommendation.

9.74.220 Public hearing—Council—Date and notice.

9.74.230 Public hearings—Council—Decision.

9.74.240 Minor amendments.

9.74.250 New application.

9.74.010 Zoning map amendment procedure.

The procedures set f orth in this chapter are directory regulations go verning amendments to the zoning map changing any property from one zone to another, but such regulations are mandatory only to the extent made so by the California Planning and Zoning Law.
(Ord. 80 Art. V(I)(1), 1984)

9.74.020 Initiation.

An amendment to the official zoning map may be initiated by order of th e planning commission or the council or by an application of one or more of the owners of property affected by the proposed amen dment or change.
(Ord. 80 Art. V(I)(2), 1984)

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9.74.030 Application—Filing—Contents.

Applications shall be filed with the secr etary of the planning commission on forms which will be furnished by said secretary, and applications shall be accompanied by such d ata and information as may be prescribed for that purpose by the c ommission so as to assure fullest practicable presentation of facts for the permanent record.
(Ord. 80 Art. V(I)(3), 1984)

9.74.040 Application—Consideration after denial.

No application from an owner of property for the same general purpose concerning the same property which has been denied by the planning co mmission or city council shall be received or processed by the secretary of the planning commi ssion within twelve months of such den ial except by una nimous consent of the members of the commission present at a regular meeting of said commission. (Ord. 80 Art. V(I)(4), 1984)

9.74.050 Application—Filing fee.

A filing fee as established by city council res olution shall be paid at the time of the filing of an owner’s or owner’s representative’s application, but no fee will be required in the case of procee dings instituted by either the council or the planning commission.
(Ord. 80 Art. V(I)(5), 1984)

9.74.060 Appeal—Filing fee.

A filing fee as established by city council resolution or any amendments thereto for an appeal to the city council from a decision of the planning commission relating to an application for a change of zone under the provisions of this chapter shall be paid at the time of filing for such appeal. (Ord. 80 Art. V(I)(6), 1984)

9.74.070 Public hearing—Date—Notice.

A. Upon the filing of an y such application and the payment of the required fee, the secretary of the planning commission shall set a date for one public hea ring thereon before said commission. The date of said hearing shal l be n ot less than ten days from the date of filing such a pplication, nor more than forty-five days from the date of filing such application.

B. Notice of public hearing shall contain the ti me and place of t he hearing and the lo cation and proposed use of the subject property.

C. Notice shall be published at least once in a new spaper of general circulation in the city or shall be posted in at least three public places in the city, not less than ten days before the hearing date.

D. Notice shall be mailed, pos tage p repaid, not less than ten days before the hearing da te to owners of property within a radius of three hundred feet of the exterior boundaries of the subject property, pursuant to Secti on 65854 of the G overnment Code, toget her with any other notice re quired by that section.
(Ord. 320 § 4, 1991; Ord. 80 Art. V(I)(7), 1984)

9.74.080 Investigation.

The planning commission shall cause to be made by any of its own members, or by any me mber or members of its staff, such investig ation of facts bea ring upon such a pplication or matter set for hearing

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(including any analysis of precedent cases), as in the opinion of the commission will serve to provide the necessary information to enable the commission to act.
(Ord. 80 Art. V(I)(8), 1984)

9.74.090 Public hearing—Procedure.

A. At the time and place so fixed and notice d, the public hearing shall be conducted before the planning commission. The commission may establish its own rules for the conducti ng of public hearings and the member of the commission presiding at such hearings is empowered to administer oaths to any pe rsons testifying.

B. The commission may, when it deems such action necessary or desirable, continue such hearing to a time and place certain.

C. A summary of all pertinent testimony offered at the public hearing, the names and addresses of persons testifying, copies of all notices, a ffidavits of posting and publication, and records of action taken shall be a part of the files of the case.
(Ord. 80 Art. V(I)(9), 1984)

9.74.100 Findings—Decision.

If from the facts presented to the commission at the public h earing the commission finds that the lot area development standard for the proposed zone is the same as the standard designated on t he general plan map for the property s ubject to the proposed zone change, and finds further that the proposed zone change, or any portion thereof, is in the interests of the public health, safety, necessity, convenience, general welfare, and is in accordance with good zoning practice, the commission shall recommend approval of such proposed change of zone to the council; otherwise it shall be disapproved. The commission shall make its findings and recommendations in writing within thirty days from the date of the close of t he hearing and shall forthwith transmit a copy th ereof to the applicant and to the city clerk for schedulin g on a council meeting agenda in the case of a recommend ation of approval, or for individual transmittal of co pies to members of the council in the case of a disa pproval (in which case it shall not be placed on an agenda unless a council member so requests). If the co mmission recommends approval of the proposed zone change, or any portion thereof, it shall also transmit to the council for action the re port of its fin dings and recommendation thereon t ogether with the records of its proceedings including the application, minutes of the hearing and exhibits admitted at said hearing. Any recommendation so transmitted shall include the reaso ns for the recommendation, and the relationship of the proposed or dinance or amendment to applicable general and specific pl ans. If the commission fails to make findings and a recommendation within the time specified in this section, it shall lose jurisdiction thereof and the applicant may appeal or request a hearing thereon by the council as provided in this chapter.
(Ord. 80 Art. V(I)(10), 1984)

9.74.110 Council action.

Upon receipt of a recommendation for a pproval, together with the commission’s report and reasons relative thereto, the council shall within not less t han ten nor more than thirty days of said r eceipt conduct a public hearing, with notice as provided in Section 9.74.070(C). After the council has conducted said hearing with notice thereof as provided above, the council shall either:

A. Confirm the recommendation of the commission and effect such change or amendment by ordinance; or B. If the council does not agree with all or any part of the commission’s recommendations, refer the matter back to the commissi on for a r eport on th e parts in question. Upon re ceiving the report of the

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commission, the council may, by ordinance, effect any change or amendment even though the commission does not concur.
(Ord. 80 Art. V(I)(11), 1984)

9.74.120 Criteria.

The commissi on, in recommending, and the council, in reviewin g a pr oposed change of zone, shall consider whether the following conditions exist in reference to the proposed zoning of the subject property:

A. The proposed change of zone is in conformit y with the genera l plan map and report , and the lot area development standard for the proposed zone is the same as the lot a rea designated on the general plan map for the property subject to the proposed zone change.

B. The subject property is suitable for the uses permitted in terms of access , size of parcel, r elationship to similar or related uses, and other considerations deemed relevant by the commission and council.

C. The proposed change of zone is necessary and proper at this time, and is not likely to be detrimental to the adjacent property or residents.
(Ord. 80 Art. V(I)(12), 1984)

9.74.130 Denial—Appeal.

A. If the commission denies or does not make a determination within the time limit specified, the applicant may, within ten days from the date t he notification o f denial was mailed t o said applicant or upon termination of the time limit, appeal to the council by writt en notice of appeal filed with the city clerk.

Said appeal shall be filed in duplicate and shall set forth specifically wherein the commission’s findings were in error an d wherein the public necessi ty, convenience, welfare, or good zoning practice required such change or amendment.

B. Upon receipt of such appeal, the city clerk shall immediately notify the secretary of the commission, and the commission shall make a report to the council disclosing in what respect it failed to find that the public necessity , co nvenience, general we lfare, or good zoning practice required the change or amendment involved. The council may grant any appeale d application, but before making, any change in or deviation from the recommendation of the commission, the council shall conduct a public hearing thereon with notice as provided in Section 9.74.070(C) and shall first refer to the planning commission for report and recommendation any change or amendment not previously considered by the commission during its hearing.

Cathedral City City CouncilSeptember 14, 2022

Cathedral City City Council
September 14, 2022