9.94.030 Scope.
The procedures in this chapter shall be used for planned unit development projects in all zone districts. (Ord. 262 § 4, 1989; Ord. 80 Art. V(S)(3), 1984)
9.94.040 Permitted uses.
Any permitted use, accessory use, or conditional use permitted in the underlying zone is permitted in a PUD.
(Ord. 262 § 4, 1989; Ord. 80 Art. V(S)(4), 1984)
9.94.050 Mixed uses.
Residential dwellings may be permitted within the various commercial zones in conjunction with uses such as retail, professional and personal services, hotels and motels, and commercial uses may be permitted within the various multiple-family zones, provided the commercial use is oriented to the on-site resident. In either case the development shall be comprehensively planned and the development requirements of each land use as required within this chapter are met.
(Ord. 262 § 4, 1989; Ord. 80 Art. V(S)(5), 1984)
9.94.060 Application.
A. An application for a PUD may be made by the record owner or owners of the property on which the development is proposed. The application shall be filed with the city planner upon forms provided by the department and shall state fully the reasons a PUD is a proper method to develop the property and shall be accompanied by adequate plans, a legal description of the property involved and an explanation and description of the proposed use.
B. The application shall be accompanied by payment of a fee as established by city council resolution.
C. The application shall be accompanied by a tentative map.
D. The application shall be accompanied by drawings indicating the design of the proposed buildings, landscape plan, and building elevations and cross sections of any proposed grading. Applications for a project including lot sales or future custom building programs may, with the exception of grading, exclude such drawings for the lot sale or custom areas provided a text is submitted containing limitations and building development criteria of those development standards contained herein and any other criteria that may be deemed necessary.
E. If the applicant contemplates the construction of a PUD in phases, the application shall so state and shall include a proposed construction schedule.
F. If the project is to provide open areas and recreational facilities to be used by the occupants of two or more units, it shall be stated in the application and the application shall include a plan, acceptable to the city, for the preservation and maintenance of the common elements of the property.
G. The application shall be accompanied by a topographic map indicating present grade and proposed changes, and typical cross sections of the project sufficient to show the proposed method of developing the site.
(Ord. 554 § 1, 2001; Ord. 262 § 4, 1989; Ord. 80 Art. V(S)(6), 1984)
9.94.070 Processing.
The PUD shall be processed in the manner of a conditional use permit and be accompanied by a tentative tract map application. The PUD shall accompany the tentative tract map to planning commission the city council who shall have final action on both items. (Ord. 262 § 4, 1989; Ord. 80 Art. V(S)(7), 1984)
9.94.080 Combined proceedings.
All proceedings with regard to the tentative map submitted with an application for a PUD shall be combined with the proceedings for the permit. An application for a PUD is deemed a consent by the applicant to a waiver of the time limits for city action on the tentative map contained in the Subdivision Map Act.
(Ord. 262 § 4, 1989; Ord. 80 Art. V(S)(8), 1984)
9.94.090 Permit to show reservation for open space.
A PUD shall show land reserved as open space if such open space is to be provided for the common use of the occupants of the PUD. The city council planning commission may require the tentative map submitted with the application to also show the open space as an easement. If common open spaces are reserved in accordance with the provisions of this section, approval of the tentative map shall be conditioned upon the city being granted an easement in a form acceptable to the city, limiting the future use of common open spaces and preserving them as open spaces.
(Ord. 262 § 4, 1989; Ord. 80 Art. V(S)(9), 1984)
9.94.100 Design criteria.
The PUD shall observe the following design criteria:
A. The overall plan shall be comprehensive, embracing land, buildings, landscaping and their interrelationships.
B. The plan shall provide for adequate open space, circulation, off-street parking, recreational facilities and other pertinent amenities as related to the intended use and intensity of development. Buildings, structures and facilities in the parcel shall be well-integrated, oriented and related to the topographic and natural landscape features of the site.
C. The proposed development shall be compatible with existing and planned land uses and with circulation patterns on adjoining properties. It shall not constitute a disruptive element to the neighborhood or community.
D. The internal street system shall not be a dominant feature in the overall design, rather it should be designed for the efficient and safe flow of vehicles without creating a disruptive influence on the activity and function of any common areas and facilities.
E. Common areas and recreational facilities shall be located so as to be readily accessible to the occupants of the PUD and shall be well related to any common open spaces provided.
F. Architectural harmony with the development and within the neighborhood and community shall be obtained so far as practicable.
(Ord. 262 § 4, 1989; Ord. 80 Art. V(S)(10), 1984)
9.94.110 Development standards.
In addition to the general provisions of this title, the requirements of the underlying zones, unless modified herein, a PUD shall comply with the following standards:
A. Density. The number of dwelling units in a PUD shall not exceed the density permitted in the underlying zone, except where density transfers have been previously approved by city council action.
The allowed density may be applied to the total area of the PUD rather than separately to individual lots. When calculating density, the right-of-way of public streets or private streets or drives designated as streets within the interior of the project may be included in the total project area.
If the property involved is composed of land in two or more residential zones, the number of dwelling units permitted in the development shall be the sum of the dwelling units permitted in each of the residential zones. Within a PUD, the permitted number of dwelling units may be distributed without regard to the underlying zoning.
B. Lot Dimensions. The minimum size parcel containing the PUD shall be one acre. However, there shall be no minimum lot dimensions of area, width or depth of the planned unit lots within the PUD.
C. Yards. Special building setback or yard requirements may be established which are based on design and relation of buildings to each other and to topography. All structures, however, shall be set back from the right-of-way of public or private streets at least ten feet, excepting parking structures with an entrance at approximate right angles from a public or private street shall maintain a minimum setback of twenty feet from the sidewalk or curbline if a sidewalk does not exist toward which it is directed.
D. Height. The permitted height of buildings and structures shall meet the requirement of the underlying zone, except greater heights may be permitted if the city council planning commission finds sufficient evidence that increased height will benefit the project, will be compatible to the surrounding development and area, and not unduly block the view of surrounding properties and scenic highways.
E. Parking. A nonresidential PUD shall provide parking in accordance with the requirements of the underlying zone. A residential PUD shall provide parking as required per the underlying zone, plus visitor parking shall be provided at a ratio of one space for every unit. Such parking shall be conveniently accessible to the units they are intended to serve. Credit may be given for on-street parking provided the street is totally within the project and a parking lane is provided.
F. Private Streets. Private streets may be permitted within a PUD provided their width and geometric design are related to the function, topography and needs of the development, and their structural design, pavement and construction comply with the requirement of the city’s subdivision regulations and street improvement standards. The city council planning commission may reduce the minimum required width of private streets, provided the reduced width is desirable to accommodate improved site design, increase open space, retention of natural features, etc. and, further, that provisions are made for safety vehicles, rubbish removal and other similar needs by such means as alternative access, built-in fire protection, etc.
G. Open Space—Residential.
1. Common open space areas designed for active recreational use such as swimming pool, tennis court, golf course, children’s playground, picnic area, shall be provided for all residential developments based on the density of the project as follows:
Range of Dwelling Units per Gross Acre Amount of Usable Open Space Area Square Feet per Dwelling Unit
Less than 4 600
4 to 9.99 500
10 to 20 450
Greater than 20 400
Areas designed for active recreational uses located on roofs of buildings, but not involving private patios, may satisfy the open space requirements.
2. The city may require the preservation of scenic natural features such as rock outcroppings, flood plains, native vegetation, vistas, or other features deemed worthy of preservation. Credit for the usable open space requirement may be given not to exceed fifty percent of the required amount.
3. Commonly owned and maintained open space and recreation areas shall be readily accessible to all dwelling units.
H. Open Space Required—Nonresidential. Usable open space for nonresidential PUDs shall be provided at a minimum ratio of one square foot for each ten square feet of gross building floor area as measured at ground level only. It is intended that this open space be designed for use by customers or employees. It may be active or passive and shall be in addition to required yards and open parking lot areas. Credit for the open space requirement may be given for the construction of public-oriented amenities such as statuary, fountains, natural areas, etc. The credit shall not exceed fifty percent of the open space required.
I. Landscaping Standards. Open areas (not used for recreation, natural areas, parking, or private yards) shall be landscaped, provided with an irrigation system, and maintained. The design of the landscaped areas and plant materials used shall be planned comprehensively for the entire site, and where landscaped areas are commonly owned, provisions shall be made for maintenance.
J. Storage of Recreation Vehicles, Trailers and Boats.
1. Lots within Development. Recreational vehicles, trailers, boats, campers, etc. may be stored on lots with an area more than seven thousand two hundred square feet, within a planned unit development.
2. Storage Area. An area within the planned development may be specifically reserved for the storage of recreational vehicles, trailers, boats, campers, etc. owned by the residents of the development. When a storage area is proposed, it shall conform to the following minimum standards:
a. The area set aside for storage shall contain at least forty square feet per dwelling unit or lot. b. The area shall be screened from view by a combination of fencing and landscaping. However, if the storage area is adjacent to a public road, it shall be separated from the right-of-way by a six foot block wall with a cap and screened with landscaping.
K. Refuse Areas. Centralized refuse pickup areas shall be required for residential development with five or more dwelling units and for nonresidential development if deemed to be necessary.
L. Signs. In addition to signs allowed by the underlying zone, community identity signs identifying the entire PUD or major portions thereof are permitted. The type, location, height and size of signs shall be determined as a part of the permit and shall relate to the location and design of the PUD.
M. Placement of Buildings.
1. The distance between any building used for human habitation and any other building shall be not less than ten feet;
2. Distance between any uninhabited buildings or structures shall be not less than five feet;
3. The distance between wings or courts of a building shall be not less than ten feet;
4. Two or more individual building units may be attached or combined into a single structure in a planned unit development.
N. Pedestrian Walkways. Walkways shall be provided to connect all building entrances and recreational buildings with the parking areas. Walkways shall be concrete with an unobstructed width of at least four feet. Alternate materials such as tile, brick or wood may be used as architectural features with city council planning commission approval. In addition, the city council planning commission may require and specify construction standards for hiking, equestrian and bicycle paths.
O. Building Construction Requirements. Each attached individual unit shall be constructed with at least two-hour fire-resistive construction for all separation walls.
P. Planned Unit Development Lots. Lots that do not meet the requirements of the underlying zone may be approved. There are no size nor configuration standards for such lots beyond those imposed as a part of the permit, but they shall be reasonable as to intended use and relation to the project and the surrounding area.
(Ord. 599 § 2, 2004; Ord. 262 § 4, 1989; Ord. 80 Art. V(S)(11), 1984)
9.94.120 Failure to utilize planned unit development permit.
Any PUD granted by the city council planning commission shall be conditioned upon the privileges granted being utilized within two years after the effective date thereof. Failure to utilize such permit within this period will automatically void the same, unless an extension of time has been granted. Construction must actually be commenced within the stated period and must be diligently prosecuted to completion. If the city finds that there has been no construction substantial in character performed under the permit, or that there has been a lapse of work for six months, it may revoke the permit. During the two-year period referred to in this section, or during any extension thereof, the property covered by the PUD permit shall not be used for any purpose or use other than that authorized by the permit. (Ord. 262 § 4, 1989; Ord. 80 Art. V(S)(12), 1984)
9.94.130 Extension of time.
The city council planning commission may, by resolution, grant an extension of time for a PUD in accord with the extension of time request of the tentative tract map. (Ord. 262 § 4, 1989; Ord. 80 Art. V(S)(13), 1984)
9.94.140 Amendments.
Amendments to a PUD may be initiated by the property owner or authorized agent as follows:
A. A request for an amendment shall be submitted to the city planner in written form and shall be accompanied by such additional graphics, statements, or other information as may be required to support the proposed amendment.
B. If the planning commission considers the amendment minor in nature, the additional graphics, statement or other information may be approved by the planning commission and made part of the original city council approval without the necessity of a public hearing.
C. A minor amendment shall not change the boundaries of the subject property, or involve an addition of a new use or group of uses not shown on the original permit or the rearrangement of uses within the development, or changes of greater than ten percent in approved densities, yards, height, open space or landscaping. If the planning commission determines that the amendment is not minor or that a hearing is otherwise necessary, it shall set the matter for public hearing.
D. If a public hearing is required, the applicant shall submit a completed application with graphics, statements, or other information as may be required to support the proposed modification.
E. Payment of a fee as established by city council resolution.
F. An application for an amendment of a PUD shall be processed, heard and determined in accordance with the provisions of this chapter applicable to the adoption of a PUD. (Ord. 554 § 1, 2001;Ord. 262 § 4, 1989; Ord. 80 Art. V(S)(14), 1984)
9.94.150 Final map.
Building permits for construction within the proposed PUD shall not be issued until a final subdivision map has been recorded for the project. A final map which deviates from the conditions imposed by the permit shall not be approved.
(Ord. 262 § 4, 1989; Ord. 80 Art. V(S)(15), 1984)
9.94.160 Final planned unit development plan.
A. Building permits for construction within the proposed PUD shall not be issued until the applicant has filed and secured approval of a final PUD plan. The final PUD plan shall include:
1. Improvement plans for private streets, water, sewerage and drainage systems, walkways, fire hydrants, parking areas and storage areas. The plan shall include any off-site work necessary for proper access, or for the proper operation of water, sewerage or drainage systems;
2. A final grading plan;
3. Final elevation plans;
4. A final landscaping plan including methods of soil preparation, plant types, sizes and location; irrigation system plans showing location, dimensions and types; and screening;
5. A plan for lighting of streets, driveways, parking areas, walks and recreation areas.
B. Where a PUD contains any land or improvements proposed to be held in common ownership, the applicant shall submit a declaration of covenants, conditions and restrictions with the final PUD plan.
Such declaration shall set forth provisions for maintenance of all common areas, payment of taxes and all other privileges and responsibilities of the common ownership and shall be reviewed by and subject to approval by the city planner and city attorney.
C. A final PUD plan may be submitted for a portion of the development provided the city council planning commission approved the construction phases as part of the permit and subdivision map approval. The plan for the first portion must be submitted within the time limits of this section. Subsequent units may be submitted at later dates in accord with the approved phasing schedule. (Ord. 554 § 1, 2001;Ord. 262 § 4, 1989; Ord. 80 Art. V(S)(16), 1984)
9.94.170 Maintenance.
All private streets, walkways, parking areas, landscaped areas, storage areas, screening, sewers, drainage facilities, utilities, open space, recreation facilities and other improvements not dedicated to public use shall be maintained by the property owners. Provisions acceptable to the city shall be made for the preservation and maintenance of all such improvements prior to the issuance of building permits. (Ord. 262 § 4, 1989; Ord. 80 Art. V(S)(17), 1984)
9.94.180 Failure to maintain.
All commonly owned land, improvements and facilities shall be preserved and maintained in a safe condition and in a state of good repair. Any failure to so maintain is unlawful and a public nuisance endangering the health, safety and general welfare of the public and a detriment to the surrounding community.
(Ord. 262 § 4, 1989; Ord. 80 Art. V(S)(18), 1984)
9.94.190 Appeal process.
A. Any person aggrieved or affected by the final determination of the planning commission concerning an application for a planned unit development including any conditional requirement imposed on the project may appeal the decision within ten calendar days from the planning commission’s decision by filing the city’s appeal application with the planning department and paying the established fee as set forth by the city council.
B. The city planner or designee shall schedule a public hearing.
C. The city planner or designee shall transmit to the city council a written report, copies of the application, and copies of all other papers constituting the record upon which the commission’s decision was taken, including, but not limited to, the minutes of all hearings thereon and shall submit to the council a written report, prepared from the record upon which the final determination was made, stating the factual and legal basis on which the commission found and determined that the application met or failed to meet the criteria and requirements provided in this chapter for granting a planned unit development.
D. The council may affirm, reverse or modify, in whole or in part, any final determination, condition or requirement of the commission which is appealed from or ordered to be reviewed by the council. After reviewing the record of the commission’s proceedings relating to the decision, condition or requirement appealed from or ordered to be reviewed by the council, including, but not limited to, the application, minutes of hearings, notice of appeal and the commission’s report, the council may affirm without further action the determination, requirement or condition appealed from or ordered to be reviewed.
E. On the date a notice of appeal is filed under this chapter, or on the date the council orders a review of the commission’s determination, condition or requirement, all proceedings in furtherance of the determination, condition or requirement appealed from or ordered to be reviewed by the council, including the effective date of the permit in question, shall be stayed until the final determination by the council of the appeal or council-initiated review.
Chapter 9.96
SPECIAL PROVISIONS APPLYING TO MISCELLANEOUS PROBLEM USES Sections:
9.96.010 Private stables and paddocks.
9.96.020 Circuses, carnivals, animal rides and displays and amusement rides.
9.96.030 Temporary tract offices.
9.96.040 Landing strips for aircraft and heliports.
9.96.050 Rummage sales.
9.96.070 Temporary construction yards and trailers.
9.96.080 Christmas tree lots.
9.96.090 Temporary parking lots.
9.96.100 Antennas.
9.96.110 Gasoline and motor vehicle fuel sales combined with beer, wine, liquor or other alcoholic beverage sales.
9.96.120 Vending machines.
9.96.130 Game arcades.
9.96.140 Carwashes.
9.96.150 Automobile service stations.
9.96.160 Diversion facilities.
9.96.170 Used vehicle sales and vehicle rental enterprises.
9.96.180 Swap meet, permanent.
9.96.190 First-run movie theaters.
9.96.010 Private stables and paddocks.
Private stables and paddocks shall be located on the rear half of the lot and not closer than twenty feet to any property line, nor closer than forty feet from any dwelling on adjoining property. (Ord. 80 Art. V(T)(1), 1984)
9.96.020 Circuses, carnivals, animal rides and displays and amusement rides.
Circuses, carnivals, animal rides, animal displays and amusement rides shall be permitted only on a temporary basis, and upon city council approval of the location and upon conditions imposed by the council. (Ord. 80 Art. V(T)(2), 1984)
9.96.030 Temporary tract offices.
Temporary tract offices shall be subject to special use permit and shall be permitted only on property to which it is appurtenant and shall be limited to one year, with additional extensions subject to planning commission approval.
(Ord. 80 Art. V(T)(3), 1984)
9.96.040 Landing strips for aircraft and heliports.
Landing strips for aircraft and heliports may be permitted by conditional use permit in all zones. (Ord. 80 Art. V(T)(4), 1984)
9.96.050 Rummage sales.
Rummage sales may be permitted by the city planner in stores, garages, churches, assembly halls or other indoor locations for a period, not to exceed ten days and subject to the city planner’s approval of signing and imposition of any other conditions to protect the public safety, health and welfare. (Ord. 554 § 1, 2001; Ord. 80 Art. V(T)(5), 1984)
9.96.070 Temporary construction yards and trailers.
Temporary construction yards and trailers on construction sites shall be subject to the city planner’s approval as to compliance with the following conditions:
A. Maximum time shall coincide with construction;
B. Cleanup of the site shall be required; and
C. Other conditions as desirable to protect the adjoining properties and neighborhood. (Ord. 554 § 1, 2001; Ord. 80 Art. V(T)(7), 1984)
9.96.080 Christmas tree lots.
Christmas tree lots shall be permitted by the city planner subject to the following conditions:
A. Provision and maintenance of dust-free parking;
B. Compliance with sign regulations;
C. Guarantee of cleanup; and
D. Other conditions as desirable to protect adjoining properties, the neighborhood, and the public safety and welfare.
(Ord. 554 § 1, 2001; Ord. 80 Art. V(T)(8), 1984)
9.96.090 Temporary parking lots.
Temporary parking lots may be approved by the city planner subject to compliance and agreement on:
A. Duration of use not to exceed twenty days;
B. Provision of dust-free conditions;
C. Conformity to sign regulations;
D. No overnight camping;
E. Provisions for cleanup.
(Ord. 554 § 1, 2001; Ord. 80 Art. V(T)(9), 1984)
9.96.100 Antennas.
A. Noncommercial Antennas. Noncommercial antennas are permitted in all zones as accessory structures and shall be subject to approval by the city planner, provided the following is met:
1. All antennas shall be located to the rear or to the side of the main dwelling or principal structure on the site.
2. Satellite antennas shall be ground mounted and not exceed a height of fifteen feet as measured from ground level except that a satellite antenna may be mounted on the roof of commercial or industrial buildings if screened from public view to the satisfaction of the city planner.
3. Radio antennas and other similar antennas shall not exceed an overall height of fifty feet as measured from ground level in residential zones and sixty feet in commercial and industrial zones.
4. All utilities servicing antennas shall be placed underground wherever appropriate.
5. The city planner may approve a deviation from the standards within this section pertaining to height, location, and undergrounding utilities where the city planner finds that locating the antenna in conformance with the specifications of this section would obstruct the antenna’s reasonable reception or otherwise excessively interfere with reception, and such obstruction or interference involves factors beyond the applicant’s control, or the cost of meeting the specifications of this section is excessive, given the cost of the proposed antenna. The city planner shall exercise the discretion granted hereby to assure compliance with 51 Fed. Reg. 5519; 47 C.F.R. 25.104.
B. Commercial Antennas. Commercial antennas are permitted in all zones by conditional use permit pursuant to Chapter 9.72. Development standards shall be determined by the planning commission upon review of the use proposed for the antenna, the needs for proper operation, and the impacts to the area and to the city in general.
(Ord. 554 § 1, 2001; Ord. 327 § 4, 1991; Ord. 128 § 2, 1985; Ord. 80 Art. V(T)(10), 1984)
9.96.110 Gasoline and motor vehicle fuel sales combined with beer, wine, liquor or other alcoholic beverage sales.
Sales of beer, wine, liquor or other alcoholic beverage shall be permitted from the same location as gasoline and other motor vehicle fuel sales only under the following circumstances:
Beer, wine, liquor and other alcoholic beverage sales may be permitted with a conditional use permit. A condition shall be imposed that such sales must be offered only in conjunction with the sale at retail of food and groceries in which not less than fifty percent by value of the retail sales of all products other than gasoline, oil and other motor vehicle fuels comprises sales of products other than beer, wine, liquor, and other alcoholic beverages. A condition shall also be imposed that the retail display area for food, groceries, sundries and other non-motor vehicle fuels comprises not less than one thousand eight hundred square feet of indoor retail space. In addition, the conditional use permit shall require the use of video recording surveillance cameras to record all purchases and attempted purchases of alcoholic beverages, and the posting of signs, one outside the building at or near the gasoline servicing area and another inside near the cash registers notifying the public that “All alcoholic beverage transactions are monitored in cooperation with the Cathedral City Police Department.” The videotape equipment utilized shall be such as to record at least twenty-four hours of operation, and the film shall be made available to any representative of the police department, at any time, upon request. Applicant shall maintain the tapes for the prior seventy-two hours, and make such tapes available to the police department. Such tapes shall be made available for use in evidence against any person who purchased or attempted to purchase alcoholic beverages, as well as for use in any court or any administrative proceeding, regardless of the party or parties involved. (Ord. 197 § 4, 1987; Ord. 80 Art. V(T)(11), 1984)
9.96.120 Vending machines.
All vending machines, including, but not limited to, ice, beverage, cigarette, tobacco products, and snacks, shall be located in an area enclosed on at least three sides with a solid wall at least six feet in height.
These structures and their locations shall be approved through the design review process. Notwithstanding the above, the planning commission may permit an exception by allowing vending machines in other locations if it is found that the vending machine cannot properly function in the required enclosure. This section shall not be deemed to apply to the sale of news publications. (Ord. 206, 1988; Ord. 80 Art. V(T)(12), 1984)
9.96.130 Game arcades.
A. Game arcades are permitted only where specifically listed within a zone district Game arcades are subject to a conditional use permit. The commission shall establish reasonable conditions to regulate security concerns, noise, health, safety and public welfare concerns of all types, including but not limited to:
1. School age truancy and evening curfew violations;
2. Overcrowding conditions in and outside the building;
3. Objectionable noise;
4. Traffic/parking and bicycle congestion;
5. Littering;
6. Unsanitary conditions (insufficient restroom facilities, food vending, etc.);
7. Signage and attention-getting devices;
8. Adverse impacts on adjacent businesses and residential areas;
9. Proximity to schools, parks, churches, public gathering places, residential areas.
B. In addition, the conditions imposed shall include:
1. All game arcades shall be entirely within an enclosed building;
2. The minimum distance between game arcades shall be one thousand feet;
3. The minimum distance between a game arcade and a school, religious institution or public park shall be one thousand feet;
4. For any game arcade within a shopping center, walls within the arcade shall be surfaced with sound- deadening material to alleviate noise transmission to neighboring businesses and all operations shall fully comply with all provisions of Municipal Code Chapter 11.96;
5. Rest rooms shall be provided;
6. The requirement for a conditional use permit shall not apply to any temporary business operating at a specific location for five consecutive days or less which applies to and receives a special use permit which the mayor and city council may authorize subject to such conditions as the mayor and city council may establish;
7. Time limits shall be established consistent with, but not necessarily limited to, times other businesses in the shopping center or immediate neighborhood are open for business;
8. Adult attendants shall be employed and present on the premises at all times. (Ord. 791 § 1, 2017; Ord. 227 § 3, 1988; Ord. 80 Art. V(T)(13), 1984)
9.96.140 Carwashes.
A. Purpose and Applicability. Carwashes are permitted only where specifically listed per categories of carwash types within a zone district. Carwashes are subject to a conditional use permit. The planning commission shall establish reasonable conditions to regulate security concerns, noise, health, safety and public welfare relative to the category of carwash being considered including, but not limited to, the following concerns:
1. Traffic/parking and vehicular circulation;
2. Patron conveniences, (services such as waiting areas, restrooms, etc.);
3. Impacts on adjacent businesses and residential areas;
4. Possible impacts on nearby schools, parks, churches, public gathering areas and residential areas.
B. Site Development Standards. The following conditions shall apply to the various carwash classifications in addition to those deemed appropriate by the planning commission:
1. General Conditions, All Carwashes.
a. Site area lighting and security lighting shall be provided, but in such a manner to prevent glare and view of the light source from public streets or adjacent property; b. Noise attenuation devices shall be installed on all equipment and in areas subject to generation of sound in such a manner so as not to permit any loud sounds to project beyond the building. In addition a noise analysis shall be provided to demonstrate that noise levels measured at the boundary of the site will not exceed the policies of the noise element of the city general plan. Prior to occupancy, noise measurements shall be performed with all carwash functions in an operational mode to demonstrate compliance with all noise standards;
c. All parking, loading, vehicle preparation and detailing areas shall be clearly delineated on the site, as indicated by the approved site plan. No other areas of site, such as driveways, landscaped areas, sidewalks, etc. shall be utilized for washing, prepping, loading, detailing, etc.; d. Water recycling/grease trap facilities shall be installed and maintained as approved by the city planner and the water/sewer serving agency;
e. Combined uses may be permitted if determined compatible by the planning commission, and it is found that each use contains adequate space to function properly, including vehicular access and circulation, parking, building placement and landscaping. However, where primary use of the site is a carwash function, no auto repair activities shall take place.
2. Coin-operated Manual Carwash.
a. The planning commission shall only approve such carwashes upon finding that the operation will have no detrimental effect upon nearby properties due to its unsupervised operation; b. The site shall remain free of debris at all times. Permanent trash receptacles shall be installed/maintained.
3. Self-Serve Carwash.
a. Self-serve carwashes may only be permitted within a development wherein said carwash is clearly an accessory to the principal use;
b. Design features of the wash shall be integrated with the principal use of the site; c. There shall be adequate vehicular queuing into and out of the wash facility to assure that driveways and parking lot aisles will not be blocked.
4. Full-Serve Carwash.
a. Restrooms shall be provided for patron convenience;
b. Patron waiting areas shall be provided. Sale and display of products consisting of convenience goods, (snacks and related products) may be permitted but shall be located within a building and limited to an area no greater than four hundred square feet, but not including the sale or consumption of alcoholic beverages.
c. The project design shall incorporate a storefront appearance along commercial and scenic arterials (where determined necessary by the planning commission), to comply with or compliment adjacent commercial projects or established architectural, landscape or signage themes. All equipment and functions shall be designed, oriented, and screened so as not to be visible to public view, and from adjacent properties.
(Ord. 804 § 1, 2017; Ord. 554 § 1, 2001; Ord. 252 § 2, 1989; Ord. 241 § 9, 1989; Ord. 80 Art. V(T)(14), 1984)
9.96.150 Automobile service stations.
A. Purpose and Applicability. Automobile service stations are permitted only where specifically enumerated within a zone district. Due to continuing proliferation of auto-related service uses along the city’s commercial corridor and freeway intersections, particularly motor fuel gasoline sales, these regulations are intended to provide uniform criteria and standards for service stations, which because of the outdoor nature of their primary activity and the intensive vehicular demands on city streets for ingress and egress to their sites, are considered problem uses subject to special provisions.
Any use or business engaged in the sale of motor fuel through dispensing devices, whether or not such fuel is the primary item of sales, shall be subject to these provisions and shall be deemed a service station.
These regulations shall be additional to and supplement those property development standards in the zone in which said use is permitted, and any conditions for such use as imposed by a permit therefor. If there is any conflict between the provisions of this chapter and any property development standards for service stations uses in a particular zone, the more restrictive provisions shall apply.
B. Accessory Uses or Combined Uses. Restaurants and convenience food markets or other similar uses may be permitted if the planning commission finds that: (1) the activity is integrated with the service station operation and both activities are compatible with the other; (2) the accessory use in combination with the service station operation will not cause hazards on, or congestion to, adjacent city streets or surrounding traffic patterns; and (3) the additional required parking for the accessory use can be adequately designed so as to maintain clear aisleways and not interfere with the dispensing of fuel.
C. Location of Service Stations.
1. No more than two service stations shall be located at any intersection of streets, (whether wholly or partially within the city’s limits).
The terms “intersection” and “street” shall have the same meaning as stated in Sections 365 and 590 of the California Vehicle Code.
2. When service stations are proposed at locations other than at an intersection they may not be located any closer than two thousand five hundred feet from any other service station, said distance to be measured from the closest point on the nearest property line of a proposed location of a service station by a straight line to the closest point on the nearest property line of any other service station.
3. Exceptions. A service station may be permitted at any other properly zoned site provided that at least one of the following apply:
a. The lot has frontage on a street and is between a freeway on or off-ramp and the next street that intersects with the said required frontage street; or
b. The site is part of a comprehensively planned commercial center of over five acres in area; or c. The planning commission finds that the proposed fuel dispensing volume constitutes a secondary use of the site or business or that the fuel dispensing activities of surrounding land uses (including uses outside the city) which affect the separation criteria are deemed minor or secondary activities and that the addition of the proposed use would not have adverse impact on traffic circulation or surrounding uses.
D. Minimum Site Area. Service stations shall be located on a lot containing at least twenty thousand square feet. Any proposal to add to or, expand motor fuel dispensing activity to an existing use on a lot of less than twenty thousand square feet shall not be permitted, unless the planning commission pursuant to a conditional use permit, finds that the site can adequately support the increased use without adversely affecting public streets or surrounding land uses.
E. Parking. Each service station site shall have no less than three spaces available and marked for parking of automobiles, excluding those automobiles being serviced at said station. In addition to the above- required spaces, uses permitted as accessory or combined uses shall meet parking requirements specified in Chapter 9.58, Off-Street Parking.
F. Installation of Call Detectors. If a service station is located at a street intersection where traffic signal devices are installed or proposed to be installed by the city or by the state of California, there shall be installed on said service station site “call detectors,” if said detectors are determined necessary by the city engineer or engineer of that governmental body having jurisdiction over the operation of such traffic maintenance signals, said determination to be made and imposed as a condition of site plan approval.
G. Sale of Diesel Fuel or Liquid Gas. Diesel fuel and/or liquid propane gas (LPG) may be sold if approved in connection with site plan approval.
H. Access/Reciprocal Agreements. Access drives shall be at least one hundred feet from any street corner as measured from the intersection of the ultimate right-of-way lines at said corner. All driveways shall be designed to provide vehicle queuing in a manner which minimizes possible hazard or slowing of vehicles on adjacent city streets. Reciprocal access/parking arrangements may be required with adjacent properties to enhance public convenience and safety.
I. Walls and Screening. Low profile screen walls, landscaping, earthen berms or any combination thereof shall be installed on project boundaries to partially reduce public view of parking areas, service, and fuel dispensing bays as determined by the planning commission.
J. Landscape improvements. At least ten percent of the net site area shall be fully landscaped. Landscaped planter areas at least six feet wide (as measured from the property line) shall be provided on-site along all street frontages, side and rear property lines or lease lines except where approved cross drives exist.
However, greater planting area shall be provided where specified by specific plans, specific zone district standards or other established city policies and guidelines.
K. Restrooms/Comfort Stations. Restrooms shall be provided and maintained for convenient patron use during business hours.
L. Service stations which contain self-service fuel dispensing shall provide for vehicle air/water, windshield washing and trash disposal.
M. Exterior area and flood lighting proposed (whether in parking areas or under canopies) shall be shown on plans. Exterior lighting shall be consistent with Chapter 9.89 “Outdoor Lighting Standards” of this code.
N. Public pay telephones shall be installed and maintained for twenty-four hour public use, provided it is determined feasible by the planning commission upon information furnished by the applicant and utility company.
O. No outdoor merchandising displays, including but not limited to, snacks, propane tanks, beverages, etc. shall be permitted in an area outside any structure or city approved outside display area, for purposes of physically selling, distributing, or displaying goods, wares, merchandise, or services. (Ord. 602 § 3, 2005; Ord. 274 §§ 2, 3, 1989; Ord. 251 § 2, 1989; Ord. 80 Art. V(T)(15), 1984)
9.96.160 Diversion facilities.
A. Purpose. To reduce the amount of waste going to area landfills, the development of local diversion facilities must be accommodated so that recyclable materials are segregated and diverted from other waste materials before disposal at local landfills.
B. Applicability. Subject to conditional use permit approval and the provisions herein, a diversion facility may be located within any zone; except that a diversion facility shall not be located in a zone designated R1 — single-family residential. Except where inconsistent, these regulations and any conditions imposed pursuant thereto shall be in addition to and supplemental to all other property development standards for the zone in which said use is permitted.
C. Application. In addition to any other requirements applicable to an application for a conditional use permit, an application for a diversion facility shall include the following:
1. A site plan showing the subject and surrounding properties, showing grading and drainage plans, identifying areas intended for each aspect of the operation, showing existing and proposed property access and improvements including on-site circulation patterns and parking; and identifying plans for meeting expected water and sewage needs;
2. A plan of operation explaining the type, source and quantity of material to be collected and/or processed; the manner of processing; the type, anticipated quantity and destination of all materials to be diverted from landfill disposal; the type, intended use and anticipated quantity of any end products of any processing to be conducted on site; proposed hours of operation; a description of all equipment to be used; a description of measures to be used for control of noise, dust, odor, liter, insects, rodents, flies, and any other potential negative impacts; the number of employees; and identification of all products to be introduced to materials processed or otherwise utilized at the site, as applicable to each project.
D. Findings. The planning commission, in reviewing an application for a conditional use permit for a diversion facility, shall consider whether the following conditions exist in reference to the proposed site:
1. The location is compatible with uses existing in the area and does not serve to degrade and/or become materially detrimental to the neighborhood or community;
2. The type and volume of vehicle traffic accessing the use does not adversely affect the health, safety and general welfare of the neighborhood or community.
3. The proposed use does not have the potential to create a public nuisance for adjacent properties as a result of odor, noise, dust, or vermin;
4. The proposed use will further the city’s goals with respect to diversion of waste, directly or indirectly, from disposal at landfill facilities.
E. Exceptions. Composting activities are not subject to the provisions of this section when all material to be processed is generated from the premises and any resulting product is used on the premises on which the composting activity takes place.
F. Minimum Site Requirements. Diversion facilities shall be located on a parcel of at least three acres.
Diversion facilities shall be located on a parcel immediately adjacent to an existing roadway designed for a traffic capacity at least as great as a roadway defined in the general plan as a “secondary arterial.”
1. A diversion facility shall not be located within one half mile of any site currently utilized for residential use, or for which an application for development for residential use is pending approval;
2. A diversion facility shall be located within five miles of a parcel currently utilized for waste disposal, diversion or recycling activities.
G. Permits Mandated by Other Law. All diversion facility approvals are subject to proof of approval from all federal, state, and local agencies that have jurisdiction over the proposed operations, including, but not limited to, the Riverside County department of health, local solid waste enforcement agency (LEA).
Prior to operation of a diversion facility, all required regulatory approvals shall be on file with the city planning department.
H. Setbacks. No waste or recyclable materials shall be stored or processed within fifteen feet of any property line. All structures shall be set back from the property lines a minimum of twice the distance of the height of the structure.
I. Landscaping/Fencing/Screening. Masonry or stucco fencing, landscaping, earthen berms, or any combination thereof shall be installed along street frontages and project perimeters to reduce public view of the facilities to the greatest degree possible, as determined by the planning commission. In areas deemed environmentally sensitive habitat, the landscaping/fencing/screening requirements shall be employed to the fullest extent permitted by the state and federal regulatory agencies with subject matter jurisdiction.
J. Access/Parking. Access to a diversion facility shall be solely from a public roadway designed for a vehicle capacity at least as great as that defined in the general plan as a “secondary arterial.” All driveways, on-site access roads, and parking areas shall, as a minimum, be covered for dust control by gravel, asphalt or other material as approved by the planning commission.
K. Rest Rooms. Permanent rest room facilities shall be provided and maintained for convenient employee and customer use during business hours.
L. Water. All projects shall have water available on-site to the satisfaction of the fire marshal.
M. Receipts. On a monthly basis, the operator shall provide the city with receipts for each delivery accepted at the facility, and accounting fully as to the city of origin, the amount, and the type of material being accepted. The operator shall also provide a summary, on a monthly basis, of such information, together with detailed reports on the manner and degree of diversion accomplished. All records of the facility shall be made available, during regular business hours, to representatives of the city. The operator shall develop and provide any further data that the city deems necessary for compliance with its goals for waste diversion.
N. Maintenance. All diversion facilities shall be kept clean and orderly including areas for storage and processing. Further, the site shall be maintained in order to prevent windblown debris from escaping the site, and shall be free at all times of vermin which could create a public nuisance and/or health hazard.
In addition, the operator shall be responsible for cleaning illegal dumping and all fugitive debris in the immediate area of the project site. Any failure to maintain the facilities as required herein may be abated as a public nuisance and shall be grounds for revocation of any conditional use permit issued pursuant to this chapter.
O. Review/Revocation. A conditional use permit may be revoked upon a finding that a diversion facility or the manner of its operations has been altered, such that the original findings made at the time of approval of the conditional use permit are no longer valid, or such that the use no longer conforms to all of the provisions of this chapter. (Ord. 537 § 2, 2000; Ord. 304 § 7, 1990; Ord. 80 Art. V(T)(16), 1984)
9.96.170 Used vehicle sales and vehicle rental enterprises.
A. Purpose. Because of marketing and visibility needs, used vehicle sales and vehicle rental enterprises tend to locate along the City’s major streets and because it is the objective of the city to permit uses with special display and storage needs while maintaining quality development along major streets assuring compatibility between a broad range of uses there is a need for regulating the location and development of such businesses.
B. Used vehicle sales and vehicle rental enterprises shall be permitted where specifically enumerated within a zone district subject to conditional use permit approval and provided provisions herein are met.
These regulations shall not apply to new car and truck sales uses which include used vehicle sales and/or vehicle rental enterprises. These regulations shall apply to all other used vehicle sales, including wholesale used vehicle sales enterprises that include vehicle storage and auto buying enterprises that include vehicle storage. These regulations shall be supplemental to those property development standards in a zone district or specific plan area in which said use is permitted and any conditions for such use as are imposed by a permit therefore. Further, the following development standards may be modified at the discretion of the planning commission to assure compatibility with existing or planned development and special considerations applicable to the site.
C. Location/Site Improvements.
1. Used vehicle sales enterprises shall be limited to locations within permissible zone districts on Ramon Road. However, enterprises dealing exclusively in the sale of exotic, antique or similar specialty used vehicles may locate within any zone district where such use is specifically enumerated and the enterprise includes the display of fifteen or fewer such vehicles for sale. Further, used vehicle sales enterprises operating as of January 1, 1996 are permitted to continue at the existing dealership locations at 68-318 and 68-350 E. Palm Canyon Drive (Webb Motors) and 68-406 E. Palm Canyon Drive (Affordable Cars) until such time as said dealerships cease operating. Once operations cease including change of ownership, reorganization, or any similar discontinuance of the businesses, no further use of the property for used car sales shall be permitted. This provision shall become effective only after the amortization period established herein has been exhausted;
2. A minimum lot size of seventeen thousand five hundred square feet shall be required for used vehicle sales or vehicle rental enterprises except where such use is to be conducted entirely indoors;
3. Vehicle display/storage areas shall be physically separated from required parking/ vehicle maneuvering areas and marked and signed as such. Display parking shall be limited to the areas delineated on the approved site plan and no part of any area designated for vehicle display/storage shall be credited toward required customer/employee parking. All vehicle parking and maneuvering areas shall be all weather surfaces. Vehicles shall not be displayed, parked or stored in required landscape areas;
4. Each site shall contain an office sufficiently sized for the conduct of the operation. Portable office trailers and other temporary buildings are not permitted;
5. All exterior lighting shall be installed and maintained in such a manner that glare and intensive light sources will not be visible at the property line. Such fixtures must contain glare control features to the satisfaction of the city planner;
6. All security improvements, fencing, gating, etc. shall be subject to approval by the city planner prior to installation. Barriers proposed to be erected around vehicle display areas shall not exceed thirty-six inches in height. Chain link fencing is prohibited. Further, all such improvements must be architecturally integrated with the site, building, and landscape improvements.
D. Operational Standards.
1. Auto repair shall only take place in an enclosed building approved for auto repair activity;
2. Public address systems or any similar external loudspeaker systems are prohibited;
3. Outdoor display shall be limited to those areas designated on the approved site plan and display of vehicles on elevated platforms, ramps, or any similar device is prohibited.
E. Nonconforming Uses. Used vehicle sales and vehicle rental enterprises shall be deemed nonconforming if they do not have a conditional use permit approval granted by the city or fail to meet any of the development standards contained herein and/or any other applicable development requirements or design policy of the city including, but not limited to, those criteria within this title, specific plans, and city design guidelines. At the time of review of a conditional use permit application, the planning commission or city council shall have the discretion to review the entire scope of potential issues including the appropriateness of the nonconforming use its existing location and may deny said application and require abandonment of the nonconforming use.
F. Amortization of Nonconforming Uses.
1. Where used vehicle sales or vehicle rental enterprises were legally existing uses on January 1, 1996, and are not in conformity with this section, it is the intent and purpose of this section to declare such use to be nonconforming, for the purpose of protecting the public health, safety and general welfare;
2. All uses rendered nonconforming by this section shall be abated by January 1, 1999, unless an extension is requested and granted as provided below;
3. The owner or occupant of property that is determined to be a nonconforming use under this section shall receive a notice, in writing, of that determination. The notice shall state the grounds for the decision and shall require the nonconforming use to be abated by January 1, 1999. The notice shall furthermore provide that any person having any record, title or legal interest in the nonconforming use may request a hearing, provided the request is made in writing, as provided in this section, and filed with the city within sixty days from the date of service of such notice. The notice shall finally provide that the failure to request a hearing will constitute a waiver of all right to an administrative hearing in determination of the matter;
4. The notice and order, and any amended or supplemental notice and order shall be served upon the record owner, and posted on the property. One copy thereof shall be served on each of the following persons, if known to the city or disclosed for public records. a. The holder of any mortgage or deed of trust or has a lien or encumbrance of record; b. The owner or holder of any lease of record;
c. The holder of any other estate or legal interest of record in or to any building or land which is employed in the nonconforming use;
d. The failure of the city to serve any person required under this subsection to be served shall not invalidate any proceeding under this section as to any other person duly served or relieve any such person from any duty or obligation imposed on him or her by the provisions of this section;
5. Service of the notice shall be made upon all persons entitled thereto, either personally, or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at the address as it appears on the last equalized assessment roll of the county or as known to the city. If no address of any such person so appears, or is known to the city, then a copy of the notice shall be so mailed, addressed to such person at the address of the lot or building involved in the proceeding.
The failure of any such person to receive such notice shall not affect the validity of any proceeding under this section. Service by certified mail in the manner provided by this subsection shall be effective on the date of mailing;
6. Proof of service of the notice shall be certified to at the time of service by written declaration, under penalty of perjury, executed by persons effecting such service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned and acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and retained by the city staff;
7. Any person entitled to notice herein may, within thirty days of receipt of the notice, request a hearing to request an extension of the abatement date. Request for hearing shall be in writing, and shall contain the following information:
a. A brief statement setting forth the legal interest of each of the persons requesting the hearing (“appellants”) in the nonconforming use;
b. A brief statement in ordinary and concise language of the grounds for an extension of the abatement date;
c. The signatures of all appellants and their official mailing addresses;
8. The city council shall appoint, when the need arises, a hearing officer or officers to hear requests for extensions of abatement filed pursuant to this section. The city may, in its sole discretion, request that appellants nominate hearing officers and pay all or a portion of the hearing officer’s fee if the hearing officer is not a city employee. The hearing officer shall be appointed by the city council and shall hold office at its pleasure. The hearing officer shall adopt reasonable rules and regulations for conducting his or her business, and shall render all decisions and findings in writing to the person requesting the hearing, with a copy to the city;
9. As soon as practical after receiving the written request for hearing, the hearing officer shall fix a date, time, and place for the hearing. Such date shall not be less than sixty days, nor more than one hundred eighty days from the date the request for hearing was filed. Written notice for the time and place of the hearing shall be given at least forty-five days prior to the date of the hearing to each appellant by the hearing officer, either by causing a copy of such notice to be delivered to the appellants personally, or by mailing a copy thereof, postage prepaid, addressed to the appellant at his or her address shown on the request for a hearing. The notice to the appellant shall be substantially in the following form, but may include other information:
You are hereby notified that a hearing will be held before the abatement hearing officer at ________ on the ______ day of ___, ___ at the hour of ______, upon the notice served upon you.
You may be present at the hearing, you may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses, and the production of books, documents or other things by filing an affidavit therefor with the abatement hearing officer.
10. The hearing officer shall establish such prehearing procedures for discovery and disclosure of witness and documents as a hearing officer shall, upon consultations with the appellant and the city, deem necessary;
11. The following procedure shall apply to the conduct of the hearing:
a. The hearing shall take place before the hearing officer; b. A record of the entire proceeding shall be made by tape recording, or by any other means of permanent recording determined to be appropriate by the hearing officer; c. The hearing officer may grant continuances for good cause shown; d. In any proceeding under this chapter, the hearing officer has the power to administer oaths and affirmations and to certify to official acts;
e. The hearing officer shall proceed with reasonable dispatch to conclude any matter before him or her.
Due regard shall be shown for the convenience and necessity of any parties or their representatives; f. The hearing officer may obtain the issuance and service of a subpoena for the attendance of witnesses, for the production of other evidence at the hearing, upon the filing of an affidavit therefor, which states the name and address of the proposed witness; specifies the exact thing sought to be produced and the materiality thereof in detail to the issues involved; and states that the witness has the desired things in his possession or under his control. The subpoena need not be issued when the affidavit is defective in any particular;
g. The hearing need not be conducted according to the technical rules relating to evidence and witnesses; h. Oral evidence shall be taken only on oath or affirmation; i. Any relevant evidence shall be admitted, if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule, which might make improper the admission of such evidence over objection and civil actions of the courts of competent jurisdictions in the state; j. Irrelevant and unduly repetitious evidence shall be excluded; k. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state, or of official records of the departments and ordinances of the city or rules and regulations of the hearing officer; l. The hearing officer may inspect any buildings or lots involved in the hearing during the course of the hearing, provided that notice shall be given to the parties before inspection is made. The parties will be given an opportunity to be present during inspection, and the hearing officer shall state for the record, upon completion of the inspection, the material facts observed and the conclusions therefrom. Each party then shall have a right to rebut or explain the matter so stated by the hearing officer; m. The hearing shall be open to the public, unless the hearing officer determines, after a request from a party, that matters of a confidential nature are to be disclosed; n. Appellant shall have the burden of proof, and shall present its evidence. The city may then cross- examine the witnesses presented on behalf of the appellant. The city may then present evidence. The appellant may then cross-examine the witnesses presented on behalf of the city. The hearing officer may make whatever changes in the order of proof the hearing officer determines are necessary; o. Upon receipt of all evidence, the hearing officer shall retire to deliberate and shall render a decision not less than thirty days after the date of the hearing. The appellant has the burden of persuasion by a preponderance of the evidence;
12. The hearing officer shall determine an appropriate date by which the nonconforming use shall be abated. In making his or her decision, the hearing officer shall consider the factors required by law, which factors may include:
a. Amount of investment or original cost;
b. Present actual or depreciated value;
c. Dates of construction;
d. Amortization for tax purposes;
e. Salvage value;
f. Remaining useful life;
g. The length or remaining term of the lease under which the use is maintained; h. The profitability of the use;
i. The extent to which investment has been, or will be recouped; j. The harm to the public if the use remains beyond the prescribed amortization period;
13. The decision of the hearing officer shall be in writing and shall contain findings of fact, the determination of the issues presented, and shall also contain the requirements to be complied with by the appellant. A copy of the decision shall be delivered to the appellant personally, or sent to him or her by certified mail, postage prepaid, return receipt requested. The effective date of the decision shall be as stated thereon. If no date is specified, the decision shall be effective when served;
14. Each party shall have these rights at the hearing:
a. To call and examine witnesses on any matter relevant to the issue of the hearing; b. To introduce documentary and physical evidence;
c. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing; d. To impeach any witness, regardless of which party first called him to testify; e. To rebut the evidence against him;
f. To represent himself, or to be represented by anyone of his choice, including an attorney at law, who is lawfully permitted to do so;
15. The decision of the hearing officer may be appealed to the city council within ten days of the date of service of the decision of the hearing officer. The council shall hear the appeal as soon as practicable, but no sooner than fourteen days from the date of the appeal;
16. At least five days before the hearing set by the city council, any interested person may file written comments or exceptions to the report and decision of the hearing officer. The city council shall consider the report of the hearing officer and any written comments or exceptions thereto. At the hearing of the matter, the city council may, but is not required to, hear statements of interested persons, including the appellant(s) and the city staff. The council may accept, reject or modify the decision of the hearing officer;
17. If the decision of the hearing officer is not adopted by the city council, the city council may decide the case upon the entire record before it, with or without taking additional evidence, or may refer the case back to the hearing officer or another hearing officer that the council shall appoint, to take additional evidence. If the case is reassigned to a hearing officer, the hearing officer shall prepare a report and proposed decision and submit them to the city council. The city council shall reset the matter for hearing and rehear the matter as provided for above;
18. If the city council does not adopt the decision of a hearing officer, the city council shall make its own decision, which shall be in writing and shall contain findings of fact, the determination of the issues presented, and the final date for abatement. A copy of the decision shall be delivered to the appellant personally or sent by certified mail, postage prepaid, return receipt requested. The decision of the city council shall be final and shall be effective immediately upon the adoption by the city council unless otherwise specified in the decision, or required by state law;
19. All final decisions with respect to abatement dates shall be recorded with the county recorder. (Ord. 554 § 1, 2001; Ord. 482 § 3, 1998; Ord. 427 § 2, 1995; Ord. 379 § 2, 1993; Ord. 373 § 6, 1992; Ord. 80 Art. V(T)(17), 1984)
9.96.180 Swap meet, permanent.
A. Approval. A permanent swap meet may be permitted in any zone subject to approval of a conditional use permit (CUP). A CUP shall only be approved based on the findings that the proposed site is appropriate for the operation of a swap meet; there will not be adverse affects to surrounding property, people, or city streets that cannot be effectively mitigated, and the activity will not hinder future development permitted in the zone district in which the site is proposed.
B. Requirements for Approval. Swap meets approved by the city shall meet or be conditioned upon the following:
1. The State Board of Equalization Resale Number has been or will be obtained by all vendors who participate or will participate in the swap meet and that the resale numbers are assigned to the city;
2. Sufficient parking will be provided;
3. Limitation on the days and hours when the swap meet will be conducted;
4. Provisions for cleanup and good housekeeping will be maintained;
5. Prohibiting the sale or trade of flammable liquids, including but not limited to, gasoline, kerosene, acetone, thinners and solvents; ammunition and blasting agents; liquid petroleum gases or other combustible gases; any type of fireworks; acids, caustics, or oxidizing agents;
6. Perishable produce or foods, and live animals shall not be offered for sale or trade without approval of the county health officer;
7. Provision for traffic safety on both the site and adjacent streets are adequate;
8. The site shall not create a dust, noise, light glare or other environmental problems;
9. The event shall not degrade or cause undue problems for nearby uses or the immediate surrounding neighborhood;
10. Provisions are made to ensure collection of fees and taxes as required per city regulations.
C. Revocation. The planning commission may revoke the CUP for good cause including the following:
1. The swap meet is no longer compatible with the land uses and development in the area;
2. Conduct of the use interferes with the normal flow of vehicular or pedestrian traffic on any public right- of-way;
3. False information was given in connection with the application for or obtaining of the permit;
4. There was a violation of or a failure to comply with any condition attached to the permit or of any other applicable rules or regulations;
5. Permittee has failed to bar any customer or participant who is in violation of the permit conditions, or is engaged in activities in violation of any federal, state or local law;
6. Any other reason exists for which the permit might have been lawfully denied in the first instance, or that for any reason the continued operations under the permit will be inimical to the public safety or general welfare of the community.
(Ord. 386 § 5, 1993; Ord. 80 Art. V(T)(18), 1984)
9.96.190 First-run movie theaters.
First-run movie theaters as defined are allowed only in the area defined by the downtown precise plan. (Ord. 470 § 4, 1998; Ord. 80 Art. V(T)(19), 1984)
Chapter 9.98
SENIOR AND ELDERLY CITIZEN HOUSING
Sections:
9.98.010 Intent and purpose.
9.98.020 Location criteria.
9.98.030 Minimum development standards.
9.98.040 Plan approval.
9.98.050 Covenants, conditions and restrictions (CC&Rs).
9.98.060 Annual review.
9.98.010 Intent and purpose.
These regulations are intended to provide uniform criteria and standards for the development and operation of senior housing developments and elderly citizens housing developments, and to assure the long- term availability and affordability of said units which, due to the special needs of its residents, merit unique design and locational considerations. Because of these special needs, senior and elderly citizens housing are considered unique uses subject to special provisions, provided the housing remains consistent with the development goals of the community.
(Ord. 294 § 3, 1990; Ord. 140 § 3, 1986; Ord. 80 Art. V(U)(1), 1984)
9.98.020 Location criteria.
The standards established in this chapter shall govern the development of senior and elderly citizens housing which shall be permissible as a conditional use within the R2, RM, R3, RH and PCC zones. (Ord. 294 § 3, 1990; Ord. 140 § 3, 1986; Ord. 80 Art. V(U)(2), 1984)
9.98.030 Minimum development standards.
Senior housing developments and elderly citizens housing developments constructed under the provisions of this chapter shall generally meet the development standards as are required within the zone.
However, certain standards are modified as contained herein to meet the need of senior and elderly housing.
In its review of the required conditional use permit, the city may require more stringent standards dependent upon the quality, size, nature and scope of the project proposed and in order to protect the health, safety and welfare of the project’s residents and surrounding community. The ultimate project design should result in a senior housing development or elderly housing development no more intensive or impact-producing than the surrounding and/or adjacent developments.
A. Density. There shall be no density criterion; however, the number of dwelling units in a senior citizen or elderly person housing complex shall be compatible with existing and planned development in the area wherein it is located as determined by the planning commission.
B. Lot Size. The minimum lot size per project shall be forty thousand square feet.
C. Yard Spaces. Notwithstanding zone district requirements, the planning commission may reduce yard space requirements provided that such reduction will not adversely affect adjacent properties.
D. Parking On-site.
1. Senior Housing Developments. Parking shall be provided at a ratio of not less than one parking space per dwelling unit;
2. Elderly Housing Developments. Parking shall be provided at a ratio of not less than 0.75 parking spaces per dwelling unit. Two additional parking spaces shall be designated for the manager’s unit;
3. General. Not less than seventy-five percent of all parking spaces shall be covered. Not less than ten percent of the total number of required parking spaces shall be designed and designated as handicapped spaces. Included within the total number of required parking spaces, one handicapped passenger loading space measuring at least twenty feet by ten feet shall be designed and designated for every twenty-five dwelling units or for every five thousand square feet of area designated for multitenancy use. The planning commission may require additional spaces if it is found that, because of design or multitenancy rooms, there could be additional tenants, thereby increasing the parking demand.
E. Common Activity Areas.
1. Senior Housing Developments. There shall be a ratio of at least thirty square feet of indoor and forty square feet of outdoor common activity area for each unit or for every two hundred square feet within rooms designated for multitenancy;
2. Elderly Housing Developments. There shall be a ratio of at least twenty square feet of indoor and thirty square feet of outdoor common activity area for each unit or for every two hundred square feet within rooms designated for multitenancy.
F. Dwelling Unit Size.
1. Senior Housing Developments Each dwelling unit shall have at least one bedroom and contain five hundred square feet of habitable floor area, plus at least two hundred square feet additional floor area for each additional bedroom.
2. Elderly Housing Developments. Each dwelling unit shall have at least one bedroom and contain four hundred square feet of habitable floor area, plus at least one hundred square feet additional floor area for each additional bedroom.
G. Other. All other development requirements such as landscaping, trash enclosures, driveway locations, handicapped accessibility, shall be determined by the planning commission. (Ord. 294 § 3, 1990; Ord. 140 § 3, 1986; Ord. 80 Art. V(U)(3), 1984)
9.98.040 Plan approval.
The provisions of Chapter 9.72 (conditional use permits) and Chapter 9.78 (design review) shall apply.
The application and subsequent approval shall be for either a senior housing development or elderly housing development. There shall be no mixing of the requirements contained herein. (Ord. 294 § 3, 1990; Ord. 140 § 3, 1986; Ord. 80 Art. V(U)(4), 1984)
9.98.050 Covenants, conditions and restrictions (CC&Rs).
In order to ensure the necessary compliance with the provisions of this chapter, and in order to ensure the proper maintenance of developments constructed under these privileges, and to assure that each such project continues to qualify for the specific development conditions under which approval was granted, covenants, conditions and restrictions shall be required prior to development construction. Said CC&Rs shall make provision for enforcing age limitations, relocation when household survivor is not a senior citizen or elderly person, maximum occupancy limitations, long-term project maintenance and repair, and shall make the city a party to such with regard to enforcement, right-of-entry, and enforcement of local traffic/parking regulations; such CC&Rs shall not be amendable without the consent of the city. No such CC&Rs shall be acceptable until approved by the city attorney as to compliance with all code requirements. Such CC&Rs shall be recorded with the county recorder’s office, either separately or with a subdivision map, prior to issuance of a building permit.
(Ord. 294 § 3, 1990; Ord. 140 § 3, 1986; Ord. 80 Art. V(U)(5), 1984)
9.98.060 Annual review.
It shall be the responsibility of the owner and/or lessor of senior housing developments and of or elderly housing developments to submit to the city on an annual basis a statement of proof that each occupied unit is occupied by at least one member who is a senior or elderly citizen as required, or the unit is occupied by the manager.
(Ord. 294 § 3, 1990; Ord. 140 § 3, 1986; Ord. 80 Art. V(U)(6), 1984) Chapter 9.100
REGULATION OF ANIMALS
Sections:
9.100.010 Purpose.
9.100.020 Fowl and similar animals.
9.100.030 Pigs and livestock.
9.100.040 Animals not classified.
9.100.050 Dogs and cats.
9.100.060 Animal offspring.
9.100.070 Appropriate and sanitary housing.
9.100.080 Prohibition of slaughtering.
9.100.090 Violation—Penalty.
9.100.010 Purpose.
These regulations are intended to establish standards and conditions for the keeping of all animals in the city while protecting the health, safety and welfare of its residents. (Ord. 436 § 1, 1996; Ord. 80 Art. V(V)(1), 1984)
9.100.020 Fowl and similar animals.
A. It is unlawful to keep fowl, rabbits, guinea pigs or similar animals in the city except that such animals may be kept in an R-E zone not to exceed a total combination of three and providing all of them are kept at least twenty feet from any house built or used for human habitation. Roosters or other fowl which constitute a nuisance by their loud cries, are not allowed in any zone.
B. The city planner may prohibit those animals which are permitted by this section if findings are made that the animals create an unsanitary condition or other public nuisance.
C. Variation from the above regulations may be approved by the planning commission upon proper appeal of the city planner’s decision.
(Ord. 554 § 1, 2001; Ord. 436 § 1, 1996; Ord. 80 Art. V(V)(2), 1984)
9.100.030 Pigs and livestock.
A. It is unlawful to keep any pig, hog, sheep, bull, stallion, mare, cow, burro, jack, jenny, mule, goat, kid, horse or similar animal in the city except that such animals may be kept in an RE zone not to exceed a total combination of three and providing all of them are kept at least sixty feet from any property line and forty feet from the residence of the property in which they are kept.
B. The city planner may prohibit those animals which are permitted by this section if findings are made that the animals create an unsanitary condition or other public nuisance.
C. Variation from the above regulations may be approved by the planning commission upon proper appeal of the city planner’s decision.
(Ord. 554 § 1, 2001; Ord. 436 § 1, 1996; Ord. 80 Art. V(V)(3), 1984)
9.100.040 Animals not classified.
Any animal not specifically classified within this chapter shall be classified by the city planner, based upon a determination as to the probable negative impact upon the health, safety and general welfare of the community.
(Ord. 554 § 1, 2001; Ord. 436 § 1, 1996; Ord. 80 Art. V(V)(4), 1984)
9.100.050 Dogs and cats.
Dogs and cats may be kept in any zone within the city provided that no more than three of each or a combination not to exceed three of these animals are kept within a single legal lot. (Ord. 436 § 1, 1996; Ord. 80 Art. V(V)(5), 1984)
9.100.060 Animal offspring.
The offspring of animals shall not be counted toward the maximum allowed number until they are of weanable or self-sufficient age.
(Ord. 436 § 1, 1996; Ord. 80 Art. V(V)(6), 1984)
9.100.070 Appropriate and sanitary housing.
Notwithstanding anything to the contrary contained in this chapter, no person, firm or corporation shall keep any kind of animal, as mentioned in this chapter, or otherwise, without housing the same in an appropriate coop, barn, building or other enclosure approved by the city planner so as the same may be safe, sanitary and appropriate for the purpose intended and so as not to create a nuisance. (Ord. 436 § 1, 1996; Ord. 80 Art. V(V)(7), 1984)
9.100.080 Prohibition of slaughtering.
Slaughtering of animals within the city limits is strictly prohibited, unless it takes place in a bona fide restaurant for the purpose of food preparation.
(Ord. 436 § 1, 1996; Ord. 80 Art. V(V)(8), 1984)
9.100.090 Violation—Penalty.
Any person, firm or corporation violating any of the provisions of this chapter is guilty of an infraction or misdemeanor and upon conviction thereof may be punishable by a fine of not more than one thousand dollars, or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment.
(Ord. 436 § 1, 1996; Ord. 80 Art. V(V)(9), 1984)
Chapter 9.102
TRANSPORTATION DEMAND MANAGEMENT
Sections:
9.102.010 Purpose and intent.
9.102.020 Definitions.
9.102.030 Applicability.
9.102.040 Exemptions.
9.102.050 Minimum standards.
9.102.060 Processing time limits.
9.102.070 Filing procedure and evaluation.
9.102.080 Annual review.
9.102.090 Enforcement and penalties.
9.102.100 Appeals.
9.102.010 Purpose and intent.
These regulations are intended to protect the public health, welfare and safety by reducing air pollution and greenhouse gas emissions caused by vehicle trips and vehicle miles traveled. It is intended to accomplish emission reductions by meeting the requirements of Section 65089(b)(3) of the California Government Code, which requires development of a trip reduction and travel demand element to the Congestion Management Plan (CMP), and Section 65089.3(a)(2) of the California Government Code, which requires adoption and implementation of Trip Reduction and Travel Demand Ordinances by local agencies. (Ord. 355 § 2, 1992)
9.102.020 Definitions.
For purposes of this chapter, the definitions for the following terms shall apply:
A. “Alternative transportation modes” means any mode of travel that serves as an alternative to the single- occupant vehicle. This can include all forms of ride-sharing, such as carpooling or vanpooling, as well as public transit, bicycling, Low-speed neighborhood electric vehicles (LNEVs) or walking.
B. “Applicable development” means any new development project that is determined to meet or exceed the employment threshold using the criteria contained in this chapter. An applicable development also includes developments which are owned and/or managed as one unit, such as a business park or shopping center, that also meet or exceed the employment threshold.
C. “Bicycle facilities” means any capital improvements which would benefit an employee who rides a bicycle to their work site, including shower facilities, locker facilities, bicycle parking, etc.
D. “Change of use” means a development or facility space of a lessee which has altered its initial use to another use not related to the previous. (Example: office space changes its use to commercial space.) E. “Developer” means the builder who is responsible for the planning, design and construction of an applicable development project. A developer may be responsible for implementing this chapter as determined by the property owner.
F. “Employee” means any person employed by a firm, person(s), business, educational institution, nonprofit agency or corporation, government agency or other entity which employs one hundred or more persons at a single work site.
G. “Employment generation factors” refers to factors developed for use by the jurisdiction for protecting the potential employment of any proposed development project.
H. “Employer” means any person(s), firm, business, educational institution, government agency, nonprofit agency or corporation, or other entity which employs one hundred or more persons at a single work site, and may either be a property owner or tenant of an applicable development project.
I. “Employment threshold” refers to the number of employees which a development must have for the TDM ordinance to be applicable to that employer.
J. “Minimum standards” means the minimum changes made to establish a transportation demand management and trip reduction plan at an applicable development project to a level which satisfies this chapter.
K. “Mixed-use development” means new development projects that combine any land uses one with another.
L. “New development project” means any nonresidential project being processed where some level of discretionary action by a decision-making body is required.
M. “Operational standards” means standards to which employers, TMAs or a managing office of a development administered as one unit are subjected in order to achieve the mandatory ten-percent reduction in trips related to the project.
N. “Peak period” means those hours of the business day seven a.m. and nine a.m. inclusive, Monday through Friday, which TDM strategies such as this chapter identify as the priority period for reducing work-related vehicle trips.
O. “Property owner” means the legal owner of the applicable development.
P. “Rideshare facilities” means any capital improvements which would benefit an employee who rideshares to the work site, including on-site amenities, preferential parking, and rideshare drop-off areas at the entrance of the work site.
Q. “Site development plan/permit” means a plan of development subject to hearing before the planning commission, such as design review, conditional use permit, planned use development, and specific plan.
R. “Transit facilities” means any capital improvements which would benefit an employee who uses any form of transit to travel to the work site, including transit stops, shelters, bus turnouts, park-and-ride lots, and other transit amenities.
S. “Transportation management association (TMA)” means a voluntary entity of employers, property owners and other interested parties who share a mutual concern for local transportation problems.
TMAs have the ability to collectively pool participants’ resources to address these issues. A TMA must still meet a ten percent reduction in work-related trips for each individual applicable new development.
T. “Transportation demand management (TDM)” means the implementation of programs, plans or policies designed to encourage changes in individual travel behavior. TDM can include an emphasis on alternative travel modes to the single-occupant vehicle, such as carpools, vanpools, and transit; reduction or elimination of the number of vehicle trips, or shifts in the time of vehicle commutes to other than peak period.
U. “Work site” means a building, or grouping of buildings located within the jurisdiction which are in physical contact or separated solely by a private or public roadway or other private right-of-way, and which are owned or operated by the same employer (or by employers under common control). (Ord. 355 § 2, 1992)
9.102.030 Applicability.
These regulations shall apply to all new development projects and/or change of use projects that are estimated to employ a total of one hundred or more persons. For the purpose of determining whether a new development project is subject to these regulations, the total employment figure will be determined as follows:
A. Employment projections developed by the project applicant, subject to approval by the city planner; or B. 1. Employment projections developed by the city planner using the following employee generation factors by type of use.
Land use category Gross sq. ft./employee
Retail/commercial 500
Office/professional 250
Industrial/manufacturing 525
Hotel/motel 0.8-1.2 employees/room
Hospital 300
2. The employment projection for a development of mixed use or multiple uses shall be calculated on a case-by-case basis based upon the proportion of development devoted to each type of use. (Ord. 554 § 1, 2001; Ord. 355 § 2, 1992)
9.102.040 Exemptions.
Notwithstanding any other provisions, the following uses and activities shall be specifically exempt:
A. Development projects expected to employ fewer than one hundred persons; B. Temporary construction activities on any affected project, including activities performed by engineers, architects, contractors, subcontractors and construction workers; C. Temporary activities as authorized by the city when such temporary activities shall discontinue at the end of the designated time period;
D. Subdivision of land for the purpose of creating sites for the future development of place of employment. (Ord. 355 § 2, 1992)
9.102.050 Minimum standards.
A. All applicable new developments (nonresidential developments which employ one hundred or more persons) which are owned and managed as one unit shall submit a transportation demand management plan prepared by a traffic engineer, transportation planner or other qualified professional identifying traffic impacts associated with a proposed project and including design recommendations and mitigation measures, as appropriate, to address on- and off-site project impacts. Said TDM plan shall include a trip reduction plan to reduce work-related vehicle trips by ten percent from the expected number of trips related to the project (as indicated in the Trip Generation Handbook published by the Institute of Traffic Engineers). The plan shall also indicate specific strategies and guidelines to reduce the amount of trips and increase the amount of nonvehicular transportation.
B. All developers of applicable new developments and/or change of use shall be subject to required capital improvement standards as specified herein. These standards must all be addressed to determine if they are applicable to the development. These required standards may be used to achieve the mandatory reduction of ten percent in the expected number of trips related to the project. Developers of all applicable developments shall include in their project site development plans provisions to address each of the following capital improvements:
1. Transit facilities (on- and off-site); if an applicable development is on a current transit route, if not already existing in close proximity, provide a transit stop including a shelter, trash barrels, benches, and shade and wind protection. Also included where appropriate should be a bus turnout and a direct pedestrian walkway from the development;
2. Provisions for the implementation of bicycle lanes, including bicycle parking facilities equal to five percent of the total required automobile parking spaces, and reserving a minimum of one percent of the gross floor area for employee locker and shower facilities; and
3. Rideshare facilities, including rideshare vehicle loading areas, preferential parking for carpool vehicles, and vanpool vehicle accessibility.
C. Operational standards must be established sixty days after occupancy of the development by an employer.
D. The following options may be included in the developer’s TDM plan to fulfill both the capital improvement standards and the operational standards:
1. Alternate work schedules/flex-time; Incorporate alternate work schedules and flex-time programs (such as a 9/80 or 4/40 work schedule);
2. Telecommuting; Establish telecommuting or work-at-home programs to allow employees to work at home or at a satellite work center;
3. On-site employee housing and shuttles; Provide affordable on-site housing and shuttles to and from residential and work areas;
4. Information center for transportation alternatives;
5. On-site child care facilities;
6. Availability of electrical outlets for recharging of electric vehicles;
7. On-site amenities such as cafeterias and restaurants, automated teller machines, and other services that would eliminate the need for additional trips;
8. Airport shuttle service to hotels and spas;
9. Contributions to funds providing regional facilities, such as park-and-ride lots, multi-modal transportation centers and transit alternatives in the area;
10. Incentives for mass transit usage, including provision of a bus pass, additional pay, flex-time, or others;
11. Implementation of increased parking fees or new fees;
12. Restriction of business hours;
13. Restriction of delivery hours;
14. Contribute up to one dollar per square foot to a housing subsidy fund so that affordable housing can be created closer to employer sites;
15. Develop rideshare and shuttle programs at resorts/hotels;
16. Create golf cart circulation system;
17. If an applicable development is not located on a current transit route, contribute to a fund which will be used to provide transit amenities; and
18. Other strategies submitted by the developer to the satisfaction of the city planner. (Ord. 554 § 1, 2001; Ord. 355 § 2, 1992)
9.102.060 Processing time limits.
The city planner, or designee, shall inform the applicant of a transportation demand management review application of the completeness of such an application within thirty days of receipt. Once the application is complete, the city planner or designee shall either approve or deny the application within sixty days or forward the application to the city council for their approval, assuring that the application is processed expeditiously (within ninety days from the date the application was deemed complete). (Ord. 554 § 1, 2001; Ord. 355 § 2, 1992)
9.102.070 Filing procedure and evaluation.
A. A request for TDM approval shall be made through application forms provided by the city planner.
B. A processing fee shall be paid at the time the application is filed. The fee shall be as established by city council resolution.
C. An application for TDM review shall be supplemented by plans and other pertinent information to adequately address all applicable aspects of a proposal.
D. The city planner shall review applications and arrive at recommendations or approvals as appropriate, by considering aspects of conformance with this chapter. (Ord. 554 § 1, 2001; Ord. 355 § 2, 1992)
9.102.080 Annual review.
A. The city planner shall review approved TDM plans annually for compliance to this chapter by sampling twenty-five percent of implemented TDM programs. This sampling will result in either renewal of a TDM program if the TDM plan is reducing work-related trips by ten percent, or denial of a renewal due to noncompliance with these regulations. If a TDM plan is not renewed, an updated plan must be submitted by the applicable development (developer, owner, employer or managing office) within thirty days of the denial of renewal. A follow-up review for compliance of the updated TDM plan will take place within ninety days.
B. The city planner shall also review any approved TDM plan for compliance if complaints about a TDM plan and its noncompliance are recorded to the city.
(Ord. 554 § 1, 2002; Ord. 355 § 2, 1992)
9.102.090 Enforcement and penalties.
For purposes of ensuring that applicable developments comply with the provisions of these regulations, the city shall, following written notice to subject property owner(s), initiate enforcement action(s) against such property owner(s) or designee(s) which may include, but not be limited to, the following:
A. Withholding issuance of a building permit or certificate of use and occupancy, or the cancellation of any permit issued if compliance no longer exists;
B. Noncompliance infraction;
C. Issuance of a stop work order; and
D. Injunctive action or other appropriate court proceeding. (Ord. 355 § 2, 1992)
9.102.100 Appeals.
A. An appeal may be made by the property owner(s) or designee(s) of any applicable development regarding decisions made by the city planner on provisions of these regulations.
B. Such appeals may be reviewed by the city council, who must act on such appeals within sixty days of such filing, unless the appellant agrees to a delay on such decision. (Ord. 554 § 1, 2002; Ord. 355 § 2, 1992)
Chapter 9.104
REASONABLE ACCOMMODATIONS FOR PEOPLE WITH DISABILITIES
Sections:
9.104.010 Purpose and intent.
9.104.020 Public notice.
9.104.030 Application.
9.104.040 Notice to adjacent owners.
9.104.050 Authority.
9.104.060 Grounds for approving application.
9.104.070 Assistance to be provided.
9.104.080 Notice of determination.
9.104.090 Appeal of a notice of determination.
9.104.100 Nonconforming status.
9.104.010 Purpose and intent.
A. The purpose of this chapter is to comply with the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act by providing all people with disabilities reasonable accommodations in certain residential development standards for the purpose or providing such persons with an equal opportunity to use and enjoy a dwelling they occupy or intend to occupy.
B. Accommodations granted pursuant to this chapter are intended to benefit only those people with disabilities for which the accommodations were granted pursuant to this chapter. (Ord. 561 § 2, 2002)
9.104.020 Public notice.
A notice advising people with disabilities or their representatives that they may request accommodations from the city’s residential development standards in accordance with the procedures established in this chapter shall be publicly displayed at the planning and building public counters in a place accessible and/or visible to the general public.
(Ord. 561 § 2, 2002)
9.104.030 Application.
A. Any person with a disability may submit an application for accommodations in the city’s residential development standards by submitting an application to the city planner or his or her designee on a form provided by the city.
B. The following information shall be provided:
1. The applicant’s name, mailing address and daytime phone number(s) (and/or representatives) if so applicable;
2. Notarized written consent of the owner of the subject property if the applicant is not the owner;
3. The address of the property for which the request is being made;
4. The specific zoning code, law, regulation, procedure or policy from which relief is sought;
5. An explanation of why the specified zoning law or regulation is preventing or will prevent the applicant’s use and enjoyment of the dwelling;
6. The nature of the accommodation requested; and
7. The basis for the claim that the applicant qualifies as a person with a disability pursuant to Cathedral City Municipal Code Section 17.03.41(b) (Zoning Ordinance).
B. There shall be no filing fee imposed in connection with an application filed pursuant to this section. (Ord. 561 § 2, 2002)
9.104.040 Notice to adjacent owners.
A. Notice of the filing of an application shall be mailed to the owners of record of all properties immediately adjacent to the property which is subject of the application.
B. The notice shall set forth the address of the subject property, the specific zoning code, law, regulation, procedure or policy from which relief is being requested and the nature of the accommodation requested. The notice shall also inform the property owners that they may contact the city planner or his or her designee in order to request written notice of any decisions made or hearings scheduled regarding the application.
C. Any property owner making a request of such written notice shall be deemed an “interested person” for purposes of this chapter.
D. The applicant shall bear the costs of the mailing.
(Ord. 561 § 2, 2002)
9.104.050 Authority.
The city planner or his or her designee shall have the authority to consider and act on all applications filed pursuant to this chapter.
(Ord. 561 § 2, 2002)
9.104.060 Grounds for approving application.
A. The city planner or his or her designee shall approve an application upon a showing of all of the following:
1. That the applicant is a person with a disability within the meaning of Cathedral City Municipal Code Section 17.03.41(b) (Zoning Ordinance);
2. That the subject dwelling is, or is intended to be, occupied by the applicant and the owner has provided the requisite notarized written consent to submit the application;
3. That the requested accommodations are necessary to afford the applicant an equal opportunity to use and enjoy a dwelling which he or she occupies or intends to occupy;
4. That the requested accommodations are reasonable and will not impose an undue financial hardship or administrative burden on the city; and
5. That the requested accommodations will not require a fundamental alteration of the city’s zoning or building laws, policies and/or procedures.
B. The following factors shall be considered in making a determination regarding the reasonableness of the requested accommodations:
1. The special need created by the applicant’s disability;
2. The benefit to be bestowed upon applicant by granting the requested accommodations;
3. The potential impact on adjacent properties;
4. The physical attributes of the property and structures;
5. Any health or safety concerns created by the requested accommodations; and
6. The availability of reasonable alternative accommodations which may provide an equivalent level of benefit.
(Ord. 561 § 2, 2002)
9.104.070 Assistance to be provided.
A. If an applicant needs assistance in completing the application or appealing the city’s notice of determination, the city shall provide the assistance necessary to ensure that the process is accessible to the applicant.
B. The applicant shall be entitled to be represented at all stages of the proceeding by a person designated by the applicant.
(Ord. 561 § 2, 2002)
9.104.080 Notice of determination.
A. The city planner shall issue a written notice of determination within thirty days of the date of receipt of a completed application and may (1) grant the application, (2) grant the application subject to specified nondiscriminatory conditions, or (3) deny the request.
B. The notice of determination shall give notice of the right to appeal and the right to request reasonable accommodations in the appeals process.
C. A copy of the notice of determination shall be sent by certified mail, return receipt requested, to the applicant and to all interested persons.
D. If necessary to reach a determination on the application, the city planner may request further information from the applicant consistent with this chapter specifying in detail what information is required.
E. In the event a request for further information is made, the thirty day period to issue a notice of determination shall be stayed until the applicant responds to the request. (Ord. 561 § 2, 2002)
9.104.090 Appeal of a notice of determination.
A. Any person aggrieved by the notice of determination may file an appeal with the city planner of any determination or any condition or limitation imposed therein.
B. Said appeal shall be filed within ten days from the date of service of said notice.
C. Any appeal not timely filed shall be rejected.
D. An appeal filed pursuant to this section shall be in writing and shall contain the following information:
1. The applicant’s name, mailing address and daytime phone number(s) (and/or representatives) if so applicable;
2. Address of the property for which the request is being made; and
3. A brief statement in ordinary and concise language of the relief sought.
E. A filing fee in an amount established by city council resolution must be paid to the city at or prior to the time of the filing of the appeal.
F. Any appeal filed that fails to provide all of the information required by this section and the appropriate filing fee shall be deemed incomplete.
G. Failure to timely and properly file an appeal of the notice of determination shall constitute a waiver of all rights to an administrative appeal hearing.
H. Within three days after the city has determined that a timely and complete appeal of a notice of determination has been filed, the city planner shall provide written notice by first class mail or facsimile to the Desert Bar Association requesting a hearing officer.
I. The Desert Bar Association will provide to the city planner and the person or entity who filed the appeal a notice listing three randomly selected names of hearing officers who are practicing and retired attorneys and judges who have agreed to join a panel from which hearing officers are selected by the Desert Bar Association. Each party shall have the opportunity to reject one of the three proposed hearing officers provided by the Desert Bar Association. In the event that two out of the three listed hearing officers are rejected by the parties to the hearing by the deadline stated in the notice, the remaining hearing officer shall become the selected hearing officer for purposes of presiding over that particular hearing. In the event that only one or none of the three listed hearing officers are rejected by the parties to the hearing by the deadline stated in the notice, the first hearing officer on the top of the list who has not been rejected shall become the selected hearing officer for purposes of presiding over that particular hearing. Once the hearing officer is selected, the city shall contact said officer to schedule a date, time, and location for the hearing.
J. As soon as practicable, but allowing sufficient time for providing notice of the hearing as required by this chapter, the hearing officer shall fix a date, time and place for the hearing of the appeal and shall instruct the city planner of the same. The city planner shall prepare a notice of administrative appeals hearing (“hearing notice”), which shall be in substantially the same form as follows:
You are hereby notified that a hearing will be held before the Administrative Hearing Officer at ___ on the __ ___day of ___________, 20____ at the hour of ______. You may be present at the hearing. You may be, but need not be, represented by an attorney. You may present any relevant evidence at the hearing and you will be given a full opportunity to cross-examine all witnesses. You are entitled to request reasonable accommodation in the procedure by which an appeal will be conducted.
K. The city planner shall cause a copy of the hearing notice to be provided to each appellant and interested person either by causing a copy of said notice to be delivered personally or by causing a copy of said Notice to be delivered by certified mail, postage prepaid, return receipt requested, and addressed to each appellant and to all other interested persons.
L. The city planner shall prepare an administrative hearing packet for the hearing officer to review prior to the hearing. The packet shall include a copy of the notice of determination, a staff report and all other applicable evidence.
M. At the appeals hearing, the hearing officer shall hear any evidence offered either in support of appellant’s claim or in support of the notice of determination provided such evidence is relevant to the issues of the hearing. The hearing officer has the authority to determine the relevance of any evidence to the hearing. The hearing officer also has the authority to exclude unduly repetitious and cumulative evidence, regardless of its relevancy.
N. If appellant fails to attend the scheduled appeals hearing, the hearing will proceed without appellant and he or she will be deemed to have waived his or her rights to be orally heard at the appeals hearing.
O. Each party appearing at the hearing shall have the following rights: (a) to call and examine witnesses; (b) to introduce documentary and physical evidence; (c) to cross-examine opposing witnesses; (d) to impeach any witness regardless of which party first called the witness to testify; (e) to rebut evidence; and (f) to be represented by anyone who is lawfully permitted to do so.
P. Following the appeal hearing, the hearing officer may decide to uphold the notice of determination or overturn the city’s findings, in whole or in part. The hearing officer shall prepare and serve a written notice of decision upon the appellant, the city planner, and all interested persons following the appeals hearing.
Q. The decision of the hearing officer shall be final.
(Ord. 561 § 2, 2002)
9.104.100 Nonconforming status.
A. Any accommodations granted pursuant to this chapter are intended to benefit only the applicant and such accommodations shall not be considered covenants, conditions, restrictions or benefits that run with the land.
B. Upon the intended permanent vacation or abandonment of the subject dwelling by the applicant, for a period of ninety days or more, the subject dwelling shall be deemed a nonconforming structure and/or nonconforming site improvement and shall be subject to the provisions set forth in Chapter 9.66.
C. Any person with a disability who intends to occupy or occupies a nonconforming structure and/or nonconforming site improvement, as described in this section, may submit an application for accommodations in the city’s residential development standards pursuant to this chapter for the same accommodations and/or additional accommodations for which they may qualify. Any accommodations previously granted which are not granted to a subsequent applicant shall maintain the designation of a nonconforming structure and/or nonconforming site improvement and shall continue to be subject to the provisions set forth in Chapter 9.66.
(Ord. 561 § 2, 2002)
Chapter 9.106
DEDICATION OF LAND FOR PARK AND RECREATIONAL PURPOSES AND PAYMENT OF
IN-LIEU FEES
Sections:
9.106.010 Authority, purpose and intent.
9.106.020 Definitions.
9.106.030 Applicability—Exceptions.
9.106.040 Park acreage standard.
9.106.050 Subdivider’s notice to dedicate land, pay in-lieu fee or both.
9.106.060 Dedication of land or payment of fees or a combination of both.
9.106.070 Timing, standards and formula for land dedication—Required improvements.
9.106.080 Dedication of land.
9.106.090 Timing, standards and formula for payment of in-lieu fee.
9.106.100 Timing, standards and formula for combination of dedication of land and payment of in-lieu fee for subdivisions of fifty or more parcels.
9.106.110 Use of dedicated land and in-lieu fees—Development schedule.
9.106.120 Credits.
9.106.150 Refunds.
9.106.160 Disposition of proceeds—Fund created.
9.106.170 Controlling state law.
9.106.010 Authority, purpose and intent.
A. This chapter is enacted pursuant to the authority granted by California Government Code Section 66477 et seq. (the “Quimby Act”) which specifically authorizes the city to require dedication of parkland or the payment of fees in-lieu of such dedication in set amounts to meet the needs of the citizens of the community for parkland and to further the health, safety and general welfare of the community.
B. The purpose of this chapter is to establish the procedures for requiring the dedication of land, the payment of fees in-lieu thereof (or a combination of both) to serve new subdivisions in accordance with the requirements of the city’s general plan and in compliance with the requirements of the Cathedral City parks and recreation master plan, 2005 (“parks master plan”) and the requirements of the Quimby Act.
(Ord. 612 § 2 2006)
9.106.020 Definitions.
For the purpose of this chapter, unless otherwise apparent from the context, the following terms, phrases, words and their derivations shall have the meanings respectively ascribed to them by this section:
“Act” means the Quimby Act, Government Code Section 66477 et seq. “Common interest development” means the type of development project defined at Section 1351 of the California Civil Code.
“Community park” means a park that generally services an area within a five-mile radius and is usually twenty acres or larger. This type of park will generally allow for a greater variety of passive and active recreation opportunities and areas or buildings for community festivals and civic events, as well as for organized indoor sport and athletic competitions.
“Dwelling unit” means each single-family dwelling, each dwelling unit in a duplex, apartment house or dwelling, condominium, mobile home unit, and any other place designed, occupied or intended for occupancy as a separate living quarter by one or more persons for living, sleeping, cooking and eating. “Fair market value” means the fair market value of undeveloped residential real property as applicable for the density classifications established by the city council for the implementation of this chapter. “Parks master plan” means the city of Cathedral City parks and recreation master plan, 2005, which was adopted and approved by the city council on December 14, 2005. A copy of the parks master plan is maintained on file with the city clerk.
“Neighborhood park” means a park that generally services an area within a one and one-half mile radius and is generally five to ten acres. This type of park is designed for a variety of active and passive recreation opportunities.
“Park” means a parcel or contiguous parcels of land that provides recreational land and facilities for the benefit and enjoyment of the residents and visitors of the city. “Recreational facilities” means those improvements to parks which provide a recreational opportunity for the user, including, but not limited to, ball fields, lighting, swimming pools, tennis courts, picnic shelters, trails, play/tot lots, and community buildings.
“Subdivider” means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others. “Subdivision” means that definition contained in Government Code Section 66424 and shall include any division of land governed by the provisions of the Subdivision Map Act (commencing with Government Code Section 66410).
(Ord. 612 § 2 2006)
9.106.030 Applicability—Exceptions.
A. Every subdivider who subdivides land for residential purposes shall dedicate a portion of such land, pay a fee, or a combination of both, at the option of the city as set forth in this chapter.
B. The provisions of this chapter do not apply to industrial and commercial subdivisions, or to condominium projects or stock cooperatives that consist of the subdivision of air space in an existing apartment building that is more than five years old when no new dwelling units are being added.
C. The provisions of this chapter do not apply to subdivisions containing less than five parcels and not used for residential purposes; provided however, that a condition may be placed on the approval of a parcel map, that if a building permit is requested for the construction of a residential structure, or structures, on one or more of the parcels, within four years, the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of the permit.
D. The city council may waive all, or any portion of, the dedication or fees required by this chapter if it finds that a subdivision will serve a public purpose or satisfy a public need and the subdivision is located within a redevelopment project area or other special district, or involves the participation of the city or the Cathedral City redevelopment agency. Moreover, the city council may, from time to time, and as the need may arise, set forth, by resolution, specific limitations, which will apply to waivers of fees pursuant to this section.
(Ord. 612 § 2 2006)
9.106.040 Park acreage standard.
The public interest, convenience, health, welfare, and safety require that three net acres of useable parkland for each one thousand persons residing within a subdivision shall be devoted to parks. (Ord. 612 § 2 2006)
9.106.050 Subdivider’s notice to dedicate land, pay in-lieu fee or both.
A. At the time of filing a tentative tract or parcel map, the subdivider of the property shall indicate whether he or she desires to dedicate property for park and recreational purposes, pay the in-lieu fee or a combination of both dedication and payment.
B. If the subdivider desires to dedicate land within the subdivision pursuant to this chapter, the location of the land proposed to be dedicated shall be indicated on the map.
C. If the subdivider desires to dedicate land outside of the subdivision pursuant to this chapter, at the time of filing the tentative tract or parcel map, the subdivider of the property shall submit the following to the city:
1. An environmental assessment for the land proposed to be dedicated prepared in compliance with the California Environmental Quality Act and as required by the city planner;
2. A schematic site plan, which shall include but not be limited to, identifying the boundaries of the dedicated land, site access and improvements.
(Ord. 612 § 2 2006)
9.106.060 Dedication of land or payment of fees or a combination of both.
A. Upon consideration of a tentative parcel map or a tentative tract map involving fifty or fewer parcels, a condition of approval shall be placed on the map that the subdivider shall pay an in-lieu fee for park or recreational purposes pursuant to this chapter. If applicable, the city planner shall also recommend the credits for which the subdivider is eligible pursuant to Section 9.106.120.
B. Upon consideration of a tentative tract map involving more than fifty parcels, a condition of approval shall be placed on the map that the subdivider shall do one of the following:
1. Dedicate land for park or recreational purposes pursuant to this chapter;
2. Pay an in-lieu fee for park or recreational purposes pursuant to this chapter; or
3. Both dedicate land and pay an in-lieu fee for park or recreational purposes pursuant to this chapter.
If applicable, the city planner shall also determine the credits for which the subdivider is eligible pursuant to Section 9.106.120.
C. The city planner shall base his or her recommendation under this section upon the following:
1. The requirements of the Quimby Act.
2. The city’s general plan;
3. The parks master plan;
4. The topography, geology, access, and location of the land in the subdivision available for dedication;
5. The size and shape of the subdivision and the land available for dedication;
6. The location of existing or proposed park sites and recreational facilities; and
7. The desirability of developing the land proposed for dedication for park and recreational purposes as determined by a schematic site plan submitted by the subdivider.
D. The determination of the city planner as to whether the subdivider shall dedicate land, pay the in-lieu fee or a combination thereof, shall be final and conclusive but may be appealed to the city council pursuant to the appeals procedure contained in Chapter 2.04. (Ord. 612 § 2 2006)
9.106.070 Timing, standards and formula for land dedication—Required improvements.
The following shall apply when a subdivider is conditioned to dedicate land pursuant to this chapter:
A. As condition of approval of a final subdivision tract map or final parcel map, the subdivider shall dedicate all required lands and improvements to the city pursuant to Section 9.106.080.
B. The amount of land to be dedicated by a subdivider shall be determined as follows:
1. The city planner shall determine the number of dwelling units per gross acre to be constructed. The city shall determine the average number of persons per dwelling unit, which shall be based upon the average household size for the dwelling units to be constructed, as disclosed by the most recent available federal census figures.
2. The amount of land to be dedicated shall be computed by multiplying the product of (a) the number of proposed dwelling units; (b) the average number of persons per dwelling unit within the density classification appropriate for the subdivision in question; and (c) the park acreage standard of three acres per one thousand residents of the subdivision.
3. The following formula demonstrates the method of calculating the amount of land to be dedicated:
Number of dwelling
units based on
proposed map
x 3.03 2.87 (average
number of persons per
dwelling)*
x 0.003 (3 acres per
1,000 residents of the
subdivision)
= Number of acres
to be dedicated
*200020 U.S. Census
C. The conditions of approval for land dedication under this chapter shall be based on the following:
1. The natural features of the area, including the topography and geology;
2. The availability of access;
3. The location;
4. The size and shape of the subdivision;
5. The land available to dedication and the feasibility of dedication;
6. The availability of park sites for acquisition, development, improvement, or rehabilitation, in case land dedication is considered not feasible;
7. The location of existing and proposed park sites;
8. The suitability for patrol, supervision and maintenance; and
9. The compatibility of dedication with the city’s general plan and other adopted plans pertaining to parks and recreation.
D. When the city planner has required the dedication of land pursuant to this chapter, subdivider shall, without credit, as a further condition of such approval, construct and install the following public improvements within the dedicated land and adjoining public rights-of-way, which are in addition to any parks and recreation facilities and improvements impact fees imposed upon the project:
1. Full street improvements and utility connections including, but not limited to, curbs, gutters, relocation of existing public utility facilities, street paving, traffic control devices, street trees, and sidewalks to the dedicated land.
2. Fencing consistent with city improvement standard along the property lines that are contiguous to the park.
3. Improve the drainage through the park site.
4. Minimal physical improvements, not including recreational facilities, building or equipment, which the city determines are necessary for acceptance of the land for park and recreational purposes.
5. Access from the park and recreational facilities to an existing or proposed public street, unless the city determines that such access is unnecessary for maintenance of the park area or use of the park.
6. Water, sewer, grading and drainage improvements, in addition to those grading, drainage, irrigation and planting improvements required under other city ordinances.
7. Any other public improvements that the city determines are necessary in order to make the dedicated land suitable for development as a park or recreation facility. (Ord. 612 § 2 2006)
9.106.080 Dedication of land.
A. The dedication of land to the city pursuant to this chapter shall be accomplished in accordance with the provisions of the Subdivision Map Act.
B. Real property dedicated to the city pursuant to the provisions of this chapter shall be:
1. Conveyed by grant deed in fee simple or irrevocably offered for dedication to the city by the subdivider free and clear of all encumbrances, except those which will not interfere with the use of the property for park and recreational purposes and which the city agrees to accept;
2. Restricted to park and recreational purposes; and
3. Permanently devoted or dedicated to use by the general public, unless a satisfactory substitute is approved by the city planner. Where fees are required, they shall be deposited with the city at the time prescribed by Section 9.106.090(A).
(Ord. 612 § 2 2006)
9.106.090 Timing, standards and formula for payment of in-lieu fee.
The following shall apply when a subdivider is conditioned to pay the in-lieu fee proposed by this chapter.
A. As a condition of approval of a final subdivision tract map or final parcel map, the subdivider shall pay the full amount of the in-lieu fee.
B. The amount of the fee the subdivider shall pay shall be determined as follows:
1. The city planner shall determine the per acre fair market value of the unimproved land within the subdivision. One of the following methods shall be used to determine the fair market value:
a. Assessed land value based on records of the Riverside County assessor’s office. b. Current sales prices of land within, or in the vicinity of the subdivision. c. Appraised land value based upon the determination of a qualified appraiser.
2. The following formula demonstrates the method of calculating the in-lieu fee:
Number of
dwelling units
based on
proposed map
x 3.03 2.87
(average number
of persons per
dwelling)*
x 0.003 (3 Acres
per 1,000
residents of the
subdivision)
x Land
acquisition
costs per acre
= Total in-
lieu fees
*200020 U.S. Census
(Ord. 612 § 2 2006) 9.106.100
9.106.100 Timing, standards and formula for combination of dedication of land and payment of in- lieu fee for subdivisions of fifty or more parcels.
When only a portion of the land needed to satisfy the dedication requirement meets the minimum park standards and is acceptable to the city as a park site and is located within the proposed subdivision, such portion shall be dedicated for park purposes and a fee, computed pursuant to Section 9.106.090 shall be paid for the additional land that would have been required to be dedicated pursuant to Section 9.106.070. (Ord. 612 § 2 2006)
9.106.110 Use of dedicated land and in-lieu fees—Development schedule.
A. Land dedicated to and accepted by the city pursuant to this chapter shall be used for the purpose of developing parks and recreational facilities which serve the residents of the subdivision in accordance with a development schedule adopted by the city council. The schedule shall specify how and when such land will be used for the development of neighborhood or community park facilities.
B. In-lieu fees paid pursuant to this chapter shall be used for the acquisition of land suitable for park and/or recreational use and the development of new and existing park and recreational facilities. (Ord. 612 § 2 2006)
9.106.120 Credits.
A. At the time of approval of the final tract map or parcel map, the subdivider shall receive a credit for the value of park and recreation improvements, including equipment, provided to the dedicated land, provided said improvements are made or installed with the city planner’s prior approval and to the city planner’s satisfaction. The city planner shall determine the value of the improvements.
B. At the time of approval of a final tract map or parcel map the subdivider shall receive a credit of twenty- five percent of the requirement for dedication of land or payment of fees as follows:
1. A common interest development with private land that satisfies the criteria for dedicated park and recreational land pursuant to Section 9.106.070 and is dedicated for active recreational purposes as required by this section (“private and dedicated park land”) shall be eligible to receive credit for the value of such private land. The city planner shall determine the reasonable value of the improvements.
2. A residential subdivision with private land that satisfies the criteria for dedicated park and recreational land pursuant to Section 9.106.070 and is dedicated for active recreational purposes as required by this section (“private and dedicated park land”) shall receive credit for the value of such private land. The city planner shall determine the reasonable value of the improvements.
C. For purposes of this section, “active recreational purposes” means recreation facilities open to and accessible by all residents of the development and their guests and invitees and designed to provide individual or group activities of an active nature including, but not limited to the following:
1. Open spaces dedicated to the active recreational pursuits such as soccer, golf, baseball, softball and football;
2. Tennis courts, badminton courts, shuffleboard courts or similar hard-surfaced areas especially designed and exclusively used for court games;
3 Recreational swimming pools and other swimming areas;
4. Golf courses;
5. Children’s play areas;
6. Community gardens;
7. Watercourses, drainage areas and other water bodies, provided:
a. The areas are suitable for active recreational use,
b. The areas will actually be used for active recreation, and c. The proposed type of active recreational use of the area is permitted by the city’s general plan or other city applicable plan;
8. “Active recreational uses” does not include the following:
a. Land that has greater than a five percent slope,
b. Natural open space,
c. Nature study areas,
d. Open space for buffer areas,
e. Scenic overlooks.
D. Use of the private and dedicated park land must be restricted for park and recreation purposes by a recorded park provision agreement or such other recorded covenant acceptable to the city attorney. The agreement or covenant shall run with the land in favor of the future owners of the property within the subdivision and shall not be defeated or eliminated without the city council’s prior consent and in no event without providing equivalent land elsewhere within the subdivision or at such other location as will serve the park or recreation requirements of the residents of the subdivision.
E. Each resident of the subdivision must be eligible to use the private and dedicated park land and each lot or dwelling unit within the subdivision is subject to a charge for a proportionate share of the cost and expenses to operate and maintain the land.
F. Yards, court areas, setbacks and other open space areas required to be maintained by this code, the building code or other regulations of the city shall not be included in the computation of private and dedicated park land.
G. The aggregate amount of private and dedicated park land to be provided under this section shall not be less than the park acreage standard set forth in Section 9.106.040 (i.e., 3.0 acres of useable park land for each one thousand persons residing within the subdivision). (Ord. 612 § 2 2006)
9.106.150 Refunds.
Fees paid to the city and deposited into the park acquisition and development fund shall be committed within five years after payment of such fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees are not committed, they shall be distributed and paid without any deductions to the then record owners of the subdivision in the same proportion as the size of their lot bears to the total area of all lots within the subdivision. (Ord. 612 § 2 2006)
9.106.160 Disposition of proceeds—Fund created.
A. All proceeds from the fees collected under this chapter shall be paid into a special fund of the city entitled “park acquisition and development fund” which fund is hereby created. All sums collected pursuant to the provisions of this chapter, together with any interest income earned thereon, shall be used only for the purpose of acquiring, building, improving, expanding and/or developing city parks in accordance with the requirements of this chapter.
B. In the event that bonds or similar debt instruments are issued for the advanced provision of park and recreational facilities for which in-lieu fees may be expended, such fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type to which the fees involved relate.
C. Funds may be used to provide refunds as described in Section 9.106.150.
D. The director of finance shall maintain records specifically identifying the origin of the funds used for any project or improvement funded, in whole or in part, by the park acquisition and development fund.
Such records shall enable the director of finance to trace the fees from new residential subdivisions to specific projects funded by each subdivision. Any interest accruing on account of time deposit of the fund, or otherwise, shall be deposited to the credit of the fund.
E. Upon receipt of a written application from the city planner for disbursement of monies from the park acquisition and development fund on account of expenditures made or proposed for the benefit or use of parks or recreational facilities, the director of finance shall immediately advise the city manager (or designee) and provide him with copies of any accompanying documents or papers that might have been submitted in support of the application. Within ten days after receipt of such notice, the city manager shall advise the director of finance whether the disbursement made or proposed is consistent with this chapter. If the city manager fails to so certify within ten days, it shall be presumed that he has made a positive finding therein. Within five days thereafter, the director of finance shall, if a positive finding has been made or presumed, approve payment as requested. (Ord. 612 § 2 2006)
9.106.170 Controlling state law.
The provisions of this chapter and any resolution adopted pursuant hereto shall at all times be subject and subordinate to the provisions of the Quimby Act, as the same presently exists or may hereafter be amended from time to time, to the extent the same are applicable. In the event of any conflict between the provisions of this chapter and state law, the latter shall control. (Ord. 612 § 2 2006)
Chapter 9.108
CANNABIS BUSINESSES
Sections:
9.108.010 Purpose.
9.108.020 Relationship to other laws.
9.108.030 Definitions.
9.108.040 Conditional use permit required.
9.108.050 Conditional use permit application.
9.108.060 Findings for approval or denial of conditional use permit.
9.108.070 Locational requirements.
9.108.080 Conditions of approval.
9.108.090 Limitations on city’s liability.
9.108.100 Inspections.
9.108.130 Enforcement.
9.108.010 Purpose.
A. The purpose of this chapter is to regulate cannabis business land uses, as permitted by Section 26200 of the California Business and Professions Code, in a manner designed to minimize negative impacts on the city and neighboring uses, and promote the health, safety, morals, and general welfare of residents and businesses within the city.
B. This chapter is further adopted and established pursuant to the specific authority granted to Cathedral City in Section 7 of Article XI of the California Constitution and Section 26200 of the California Business and Professions Code. This chapter shall govern all cannabis businesses within the jurisdiction of Cathedral City.
(Ord. 801 § 3, 2017)
9.108.020 Relationship to other laws.
A. In the event of any conflict between the provisions of this chapter and the provisions of MAUCRSA or any other applicable state or local law, the more restrictive provision shall control.
B. Except as expressly stated herein, cannabis businesses must comply with all other city codes and regulations. Nothing in this chapter shall be construed as permitting a cannabis business to operate at any time in a manner that is in violation of all other applicable state and local laws. (Ord. 801 § 3, 2017)
9.108.030 Definitions.
Unless otherwise defined herein or in Section 9.08.020 of this code, the terms in this chapter shall have the same meaning as set forth in the MAUCRSA and any rules promulgated pursuant thereto. In addition, the following terms shall be defined as follows:
“Enclosed locked structure,” means a structure that: (1) does not allow for the visibility of the interior from the outside; (2) is secured with a lock; (3) is completely surrounded on all sides by a wall; and (4) is roofed. Enclosed locked structures may include greenhouses, provided that only the roof of the greenhouse is made of transparent glass, and accessory buildings.
“Excessive concentration” means either of the following: (1) for proposed dispensaries south of Interstate 10, the approval of the conditional use permit would result in more than twenty dispensaries being approved to operate south of Interstate 10; or (2) for proposed dispensaries north of Interstate 10, the proposed dispensary is located less than five hundred feet from another approved dispensary, measured in accordance with Section 9.108.070(C).
“Limited access area” means a building, room or other area that is part of the premises where cannabis is grown, cultivated, stored, weighed, displayed, packaged, or sold to other cannabis businesses with limited access to only authorized personnel.
“Local license” means a license granted by the local licensing authority pursuant to Chapter 5.88 of this code.
“Local licensing authority” means the city manager or designee. “Medicinal and Adult-Use Cannabis Regulation and Safety Act” or “MAUCRSA” means Division 10 of the California Business and Professions Code.
“Outdoors” means any location within the city that is not within an enclosed locked structure. “Residential zone” means any zoning district listed in Division II of this title where any residential use other than a “caretaker’s residence” is permitted by right. “State law(s)” shall mean and include California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996); California Health and Safety Code Sections 11362.7 to 11362.85 (Medical Marijuana Program Act); MAUCRSA, and all other applicable laws and regulations of the state of California.
“Youth center” means any facility that is operated by a public agency or non-profit entity with the sole purpose of providing educational and/or recreational services to minors. (Ord. 801 § 3, 2017)
9.108.040 Conditional use permit required.
A. Where one or more types of cannabis businesses are listed as a conditionally permitted use in a zoning district in Division II of this Title 9 of the code, a cannabis business of the type conditionally permitted in the subject zone may only operate after obtaining a conditional use permit pursuant to this chapter and Chapter 9.72 of this code. No person may operate any cannabis business that is a conditionally permitted use without having first obtained a conditional use permit.
B. All cannabis businesses must be operated in strict compliance with the terms, conditions, limitations and restrictions of the MAUCRSA, the provisions of Chapter 5.88, this chapter, Chapter 9.72 of this code, and all other applicable state and local laws and regulations, as well as the terms and conditions of its local license and conditional use permit.
C. The community development director city planner is authorized to make policies and procedures consistent with the intent and spirit of this chapter concerning the applications, the application process, the information required of applicants, the application procedures and the administration and procedures to be used and followed in the application and hearing process.
D. Chapter 9.72 of this code shall govern and apply to conditional use permits for cannabis businesses applied for or obtained pursuant to this chapter unless this chapter expressly states otherwise. All requirements contained in this chapter shall be in addition to the applicable requirements of Chapter
9.72. (Ord. 801 § 3, 2017)
9.108.050 Conditional use permit application.
A. All applications for a conditional use permit shall be filed with the community development director city planner on the official form supplied by the city and shall be accompanied by the application fee established by resolution of the city council, as may be amended from time to time.
B. An application for a conditional use permit shall include, but shall not be limited to, the following information:
1. Proof that the applicant has received a local license for the proposed premises, and the local license is in good standing, or a statement that the applicant is applying for a local license for the proposed premises concurrently with the conditional use permit application.
12. Confirmation that the proposed premises is not currently permitted by the state or county for the production of non-cannabis infused food products.
23. The address of the proposed cannabis business.
34. A site plan and floor plan of the cannabis business denoting all the use of areas of the cannabis business, including storage, employee areas, exterior lighting, restrooms, security cameras, areas of ingress and egress, signage, limited access areas, and restricted access areas, if included.
45. Plans and specifications for the interior of the proposed premises if the building to be occupied is in existence at the time of the application. If the building is not in existence or alteration to the building is required at the time of the application, the applicant shall file a plot plan and a detailed sketch for the interior and shall further submit an architect’s drawing of the building to be constructed.
56. The name and address of the person that owns the real property upon which the cannabis business is to be operated. In the event the applicant does not legally own the property, the application must be accompanied by a notarized acknowledgement from the person that owns the property that a cannabis business will be operated on his or her property.
67. A description of the design of the proposed premises evidencing that the design conforms to applicable city laws.
78. For a Cultivation Site or Manufacturing Site.
a. An environmental plan indicating how cultivation and/or manufacturing will be conducted in accordance with state and local laws related to hazardous material disposal, land conversion, grading, electricity usage, water usage, and agricultural discharges. b. An emergency response plan which complies with Title 8 of this code and California Fire Code Section 401, and sets out standard operating procedures to be followed by all individuals in case of a fire, chemical release, chemical spill, or other emergency.
ac. A description of the source of power (electric utility company, solar, diesel generators), the size of the electrical service or system, and the total demand to be placed on the system by all proposed uses on- site.
bd. For a cultivation site, verification of all water sources used by the proposed premises and verification that the proposed premises does not utilize water that has been or is illegally diverted from any stream, creek, or river.
ce. For a manufacturing site, a report from a professional engineer that details the type of equipment that will be used to extract cannabinoids from cannabis. If flammable gas, flammable liquefied gas, flammable and combustible liquids, or compressed carbon dioxide (CO 2) are used for extraction, then the report must certify that only closed-loop extraction system(s), that are UL or ETL listed or have a sign off by a professional engineer, capable of recovering the solvent are utilized. df. For a manufacturing site, a separate diagram of any room where extraction occurs that details the location of the extraction equipment, areas of ingress and egress, emergency eye-wash station, any other fire suppression or emergency equipment required by Title 8 of this code, city and California building codes, fire codes, electrical codes and all other applicable laws.
9. A statement in writing by the applicant that he or she certifies under penalty of perjury that all the information contained in the application is true and correct.
10. Authorization for the community development director city planner to seek verification of the information contained within the application.
11. Any such additional and further information as is deemed necessary by the community development director city planner to administer this section or this chapter.
C. The community development director city planner and appropriate city staff shall review, verify and investigate all information on the application and prepare a report for the planning commission incorporating the findings of such investigation and verification, including, but not limited to, the suitability of the proposed location, and the applicant’s compliance with the requirements of this chapter, Chapter 5.88 and Chapter 9.72.
(Ord. 801 § 3, 2017)
9.108.060 Findings for approval or denial of conditional use permit.
A. The planning commission shall not hold a public hearing on or approve any application for a conditional use permit to operate a cannabis business unless the applicant holds a local license in good standing.
B. In addition to the findings set forth in Section 9.72.010 of this code, a conditional use permit for a cannabis business shall only be granted subject to the following findings:
1. The cannabis business as well as all operations as conducted therein, fully comply with all applicable building, electrical, zoning and fire codes, accessibility requirements of the Americans with Disability Act, and all relevant city and state law; and
2. The cannabis business fully complies with and meets all operating criteria required pursuant to state laws, Chapter 5.88 of this code, any other provisions of this code, and any specific, additional operating procedures and measures as may be imposed as conditions of approval in the conditional use permit; and
3. The cannabis business will be located in a zoning district where cannabis businesses of the type proposed are conditionally permitted, and all of the applicable locational restrictions in Section
9.108.070 are satisfied.
4. For dispensaries, the issuance of a conditional use permit to the applicant will not result in or add to an excessive concentration of dispensaries and/or result in a need for additional law enforcement resources.
C. The planning commission may deny an application for a conditional use permit if it determines that one or more of the findings required by Section 9.72.010 or subsection B of this section for the granting of a conditional use permit cannot be made.
D. Based on the information set forth in the application and city staff’s report and testimony presented at the public hearing, the planning commission may impose reasonable terms and conditions on the proposed cannabis business in addition to those specified in and required to be included in every conditional use permit granted under this chapter.
(Ord. 801 § 3, 2017)
9.108.070 Locational requirements.
A conditional use permit for a cannabis business shall not be approved unless the proposed cannabis business will be located in a zoning district in which cannabis businesses of the type proposed are conditionally permitted. In addition, a conditional use permit shall not be approved for a cannabis business unless all of the following locational requirements applicable to the type of cannabis business proposed are satisfied:
A. Dispensaries. No dispensary shall be or located:
1. Within six hundred feet of a school, day-care center, or youth center; or
2. Within two hundred fifty feet of East Palm Canyon Drive or a residential zone.
3. Within two hundred fifty feet of the RR (Resort Residential) zone, if the dispensary includes an area for the outdoor consumption of cannabis and cannabis products pursuant to Section 5.88.070(K).
B. Cultivation, Manufacturing and Distribution Sites. No cultivation, manufacturing, or distribution site shall be located:
1. Within six hundred feet of a school, day-care center, or youth center; or
2. Within three hundred feet of a residential zone; or
3. Within two hundred fifty feet of East Palm Canyon Drive.
C. All distances specified in this section shall be measured in a straight line, without regard to intervening structures or topography, from the nearest point of the building or structure in which the cannabis business is, or will be located, to the following locations, or until the city limit is reached. If the cannabis business is, or will be located, in a multi-unit building, the distances shall be measured from the nearest point of the suite in which the cannabis business is or will be located.
1. Setbacks from schools, day-care centers and youth centers, shall be measured to the nearest property line of the parcel where such use is located.
2. Setbacks from East Palm Canyon Drive shall be measured to the nearest edge of the right-of-way for East Palm Canyon Drive.
23. Setbacks from residential zones shall be measured to:
a. The nearest point of any legally permitted structure located in a residential zone; or b. If there is land within a residential zone with no legally permitted structure, the measurement shall be to the nearest property line unless the nearest property line is within the public right-of-way, in which case the measurement shall be to the edge of the right-of-way furthest from the proposed cannabis business. (Ord. 801 § 3, 2017)
9.108.080 Conditions of approval.
A. All Cannabis Businesses. Every cannabis business conditional use permit shall include the following conditions of approval.
1. The premises must be equipped with an odor absorbing ventilation and exhaust system so that odor generated inside the cannabis business that is distinctive to its operation is not detected outside the cannabis business, anywhere on adjacent property or public rights-of-way, on or about any exterior or interior common area walkways, hallways, breeze-ways, foyers, lobby areas, or any other areas available for common use by tenants or the visiting public, or within any other unit located within the same building as the cannabis business. As such, cannabis businesses must install and maintain the following equipment or any other equipment which local licensing authority determines has the same or better effectiveness:
a. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; or
b. An air system that creates negative air pressure between the cannabis businesses’ interior and exterior so that the odors generated inside the cannabis business are not detectable outside the cannabis business.
2. The applicant or its legal representative shall:
a. Indemnify and hold the city harmless from any and all claims, damages, legal or enforcement actions, including, but not limited to, any actions or claims associated with violation of federal law associated with the operation of the cannabis business; defend, at its sole expense, any action against the city, its agents, officers, and employees related to the approval of a conditional use permit or the operation of the cannabis business; reimburse the city for any court costs and attorney fees that the city may be required to pay as a result of any legal challenge (or federal enforcement action) related to the city’s approval of a conditional use permit, and to execute a separate agreement to this effect. b. Maintain insurance in the amounts and of the types that are acceptable to the city pursuant to guidelines and policies set forth by the local licensing authority and name the city as an additionally insured on all city-required insurance policies.
3. All windows on the premises of the cannabis business shall be appropriately secured and cannabis securely stored.
4. All cannabis businesses shall comply with the city’s lighting standards including, without limitation, fixture type, wattage, illumination levels, shielding, and secure the necessary approvals and permits as needed.
5. All cannabis businesses and all equipment used in the conduct of the business, must be operated in compliance with all applicable state and local laws and regulations, including all building, electrical, and fire codes, and in compliance with the businesses’ state and local licenses.
6. From a public right-of-way, there should be no exterior evidence of the cannabis business except for any permitted on-site signage.
B. Manufacturing Sites. Every conditional use permit for a manufacturing site shall include the following conditions of approval:
1. All manufacturing of cannabis products shall occur in an enclosed locked structure.
2. Manufacturing activities shall only occur in the areas depicted on the floor plan submitted by the applicant and shall not exceed the square footage authorized pursuant to the conditional use permit.
3. If hazardous materials, flammable gas, flammable liquefied gas, flammable and combustible liquids, or other flammable material, as those terms are defined in CFC Section 202, are to be used in the processing of cannabis, then the provisions of CFC Section 407 shall be applicable where hazardous materials subject to permits under CFC Section 50 (Hazardous Materials) are located on the premises or where required by the fire department official.
4. Storage, use and handling of compressed gases in compressed gas containers, cylinders, tanks and systems shall comply with CFC Chapter 53, including those gases regulated elsewhere in the Cathedral City Municipal Code. Partially full compressed gas containers, cylinders or tanks containing residual gases shall be considered as full for the purposes of the controls required. Compressed gases classified as hazardous materials shall also comply with CFC Chapter 50 for general requirements and CFC Chapter 53 addressing specific hazards, including CFC Chapter 58 (Flammable Gases), CFC Chapter 60 (Highly Toxic and Toxic Materials), CFC Chapter 63 (Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids) and CFC Chapter 64 (Pyrophoric Materials). Prevention, control and mitigation of dangerous conditions related to storage, use, dispensing, mixing and handling of flammable and combustible liquids shall be in accordance with CFC Chapters 50 and 57.
5. Manufacturing sites are a Group F-1 (Factory Industrial Moderate-Hazard) Occupancy under the Fire Code. All new construction is required to be fire sprinkled per the Fire Code. For manufacturing sites that will be sited in an existing structure, an automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists:
a. A Group F-1 fire area exceeds twelve thousand square feet. b. A Group F-1 fire area is located more than three stories above grade plane. c. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds twenty- four thousand square feet.
C. Cultivation Sites. Every conditional use permit for a cultivation site shall include the following conditions of approval:
1. All cultivation of cannabis shall occur in an enclosed locked structure.
2. Cultivation activities shall only occur in the areas shown on the floor plan submitted by the applicant, and shall not exceed the square footage authorized pursuant to the conditional use permit.
3. Areas where cannabis is cultivated are wet locations, and the electrical system in such areas must comply with Title 8 of this code, Article 300.6(D) of the National Electric Code, city and California building codes, fire codes, electrical codes and all other applicable laws.
4. Cultivation sites are a Group F-1 (Factory Industrial Moderate-Hazard) Occupancy under the Fire Code.
All new construction is required to be fire sprinkled per the Fire Code. For cultivation sites that will be sited in an existing structure, an automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists:
a. A Group F-1 fire area exceeds twelve thousand square feet. b. A Group F-1 fire area is located more than three stories above grade plane. c. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds twenty- four thousand square feet.
D. Distribution Sites. Every conditional use permit for a distribution site shall include the following conditions of approval
1. Distribution sites shall store all cannabis and cannabis products in a locked safe room, safe, or vault and in a manner to prevent diversion, theft, and loss.
2. The storage of cannabis and cannabis products shall only occur in the areas shown on the floor plan submitted by the applicant, and shall not exceed the square footage authorized pursuant to the conditional use permit.
(Ord. 801 § 3, 2017)
9.108.090 Limitations on city’s liability.
To the fullest extent permitted by law, the city shall not assume any liability whatsoever, with respect to approving any conditional use permit pursuant to this chapter or the operation of any cannabis business approved for such permit pursuant to this chapter.
(Ord. 801 § 3, 2017)
9.108.100 Inspections.
A. Recordings made by security cameras at any cannabis business shall be made immediately available to the community development director city planner upon verbal request for the purposes of determining compliance with this chapter and the cannabis business’ conditional use permit.
B. The community development director city planner shall have the right to enter all cannabis businesses from time to time unannounced for the purpose of making reasonable inspections to observe and enforce compliance with this chapter and the cannabis business’ conditional use permit. Such inspections shall be limited to observing the premises for purposes of determining whether the cannabis business is being operated or maintained in compliance with this code, state law, and other applicable laws and regulations.
C. Applicants and permittees must cooperate with employees and investigators of the city who are conducting inspections or investigations relevant to the enforcement of this chapter. No applicant or permittee shall by any means interfere with, obstruct or impede the any city official from exercising their duties under the provisions of this chapter and all rules promulgated pursuant to it. (Ord. 801 § 3, 2017)
9.108.130 Enforcement.
The operation of a cannabis business in violation of any conditions of approval or the provisions of this chapter or Chapter 9.72 is a violation of this code, and a public nuisance. The city may seek to remedy such violations by any means provided for in law or equity, including but not limited to the enforcement mechanisms and remedies provided for in Title 13 of this code, or take action to revoke the conditional use permit pursuant to Section 9.72.130.
(Ord. 801 § 3, 2017)
Chapter 9.110
EXTREME BODY MODIFICATION FACILITIES
Section:
9.110.010 Extreme body modification facilities.
9.110.010 Extreme body modification facilities.
The establishment and/or operation of extreme body modification facilities as defined by Chapter 5.34 of this code shall be prohibited in all zone classifications. No permit or any other applicable license or entitlement for use, including, but not limited to, the issuance of a business license, shall be approved or issued for the establishment or operation of extreme body modification facilities within the city limits. (Ord. 683 § 1, 2009)
Chapter 9.112
PROHIBITION OF ATTENDED AND UNATTENDED COLLECTION DONATION BINS Sections:
9.112.010 Collection donation bins defined.
9.112.020 Collection donation bins prohibited.
9.112.010 Collection donation bins defined.
As used in this chapter, “collection donation bins” means any attended or unattended container, bin, storage pod, box, bag, or similar receptacle that is located on any lot, public or private, within the city that is used for soliciting and collecting of or reverse vending of donation collections of any kind, including, but not limited to, furniture, household items, appliances, books, clothing, shoes, or other salvageable personal property.
(Ord. 764 § 1, 2015)
9.112.020 Collection donation bins prohibited.
The installation, establishment and/or operation of attended and unattended collection donation bins shall be strictly prohibited in all zone classifications. No permit or any other applicable license or entitlement for use, including, but not limited to, the issuance of a business license, shall be approved or issued for the establishment or operation of attended or unattended collection donation bins within city limits.
(Ord. 764 § 1, 2015)
Chapter 9.114
ACCESSORY DWELLING UNITS
Sections:
9.114.010 Purpose and intent.
9.114.020 Definitions
9.114.030 Administration
9.114.040 Approval
9.114.050 Development Standards
9.114.060 Junior Accessory Dwelling Unit (JADU) Development Standards
9.114.010 Purpose and intent.
The purpose of this chapter is to allow and establish standards for accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Government Code Sections 65852.2 and 65852.22.
9.114.020 Definitions.
“Accessory dwelling unit” or “ADU” means an attached or detached residential dwelling unit that is no less than 150 square feet, provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provision for living, sleeping, eating, cooking, and sanitation on the same parcel as the one-family or multiple-family dwelling is or will be situated. An accessory dwelling unit also includes the following:
1. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and
2. A manufactured home, as defined by Section 18007 of the California Health and Safety Code. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
“Cooking appliance” means any appliance capable of cooking food, including a range, stove, oven, or microwave, but not including a toaster or electric kettle. “Cooking”, “cooking facility” or “cooking facilities” means an area containing at minimum a refrigeration appliance, a kitchen sink, and cooking appliance each having a clear working space of not less than 30 inches.
“Junior accessory dwelling unit” or “JADU” means an ADU that is no less than 150 square feet and no more than 500 square feet in size and contained entirely within a one-family dwelling. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure, and includes an efficiency kitchen.
“Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
“Owner” means the property owner on the latest equalized property tax assessment roll. If the owner is not a natural person or group of natural persons (e.g. the owner is a trust or corporation), then the owner(s) shall designate a natural person for the purpose of satisfying the owner occupancy requirements set forth in Section 9.114.060. The owner(s) designated natural person(s) shall reside on-site and shall have authority to bind the owner in all matters related to the site, and shall not pay rent or other compensation, nor provide services to the owner.
“Owner-occupied” means an owner currently resides on the property in either the primary dwelling unit, ADU or JADU, if both exists.
“Primary dwelling” or “primary residence” means an existing one-family dwelling, the larger of two proposed dwellings, or a multiple-family structure.
“Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
“Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
“Sanitation” or “Sanitation facilities” means a toilet, sink and bathtub or shower. “Sleeping” means an area dedicated to sleeping that meets the Building Code requirements for habitability.
“Tandem parking” means a parking design in which two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
9.114.030 Administration.
A. Accessory dwelling units shall be permitted through issuance of a building permit. No ADU shall be constructed without first applying for and obtaining a building permit from the City. Applications for an accessory dwelling unit building permit shall be accompanied by the appropriate fee established by resolution of the City Council.
B. A building permit application for an accessory dwelling unit shall be acted upon by the building official ministerially without discretionary review or a public hearing. The building permit application shall be acted upon within 60 days from receipt of a completed application if there is an existing single-family or multiple-family dwelling on the lot. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the building permit for an ADU is submitted in conjunction with a permit application to create a new single-family dwelling on the lot, the building permit shall be acted upon concurrently with the permit application to create the new single-family dwelling.
C. The City shall not require the correction of any nonconforming zoning condition as a condition of approval for an accessory dwelling unit. For the purposes of this provision, a nonconforming zoning condition means a physical improvement on a property that does not conform with current zoning standards.
D. Building permits issued in compliance with this section shall expire and become null and void 12 months after building permit issuance unless construction work authorized by the permit has commenced or an extension of the permit has been granted through the building department pursuant to Health and Safety Code section 18938.6.
E. The City shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.
9.114.040 Approval
A. The City shall approve an application for a building permit for an accessory dwelling unit that meets the objective standards set forth in this chapter in any zoning district where one-family or multiple- family residential uses are permitted by right or with a conditional use permit.
B. An accessory dwelling unit that does not conform to the objective standards set forth in this chapter may be allowed by the City with a conditional use permit in accordance with the other provisions of this title.
9.114.050 Development Standards
A. General Provisions. The following provisions apply to all accessory dwelling units:
1. Zoning. The accessory dwelling unit must be proposed on a lot that is zoned to allow for one-family or multiple-family residential uses either by right or with a conditional use permit, and includes a proposed or existing primary dwelling. Accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. An accessory dwelling unit shall not be construed as causing the lot to exceed its allowable density.
2. Building codes. The accessory dwelling unit shall comply with state building standards for dwellings. Accessory dwelling units are not required to provide fire sprinklers unless they are required for the primary residence.
3. Architectural review. The accessory dwelling unit shall match the design of the primary dwelling unit, including building materials, color and roofing material.
4. Building Height. The accessory dwelling unit shall not exceed sixteen (16) feet in height or more than one story.
5. Setbacks. All accessory dwelling units shall comply with the following setbacks:
a. Front. The minimum front setback shall be as established in the underlying zoning district. b. Side. A minimum setback of four (4) feet.
c. Rear. A minimum setback of four (4) feet.
d. No setbacks shall be required for an existing, legally permitted living area or accessory structure that is converted to an accessory dwelling unit except as required by the building code for fire and safety purposes.
6. Lot coverage. All new accessory dwelling units shall conform to the lot coverage requirements of the underlying zoning district in which the accessory dwelling unit is located, except where the application of the lot coverage requirements would not permit construction of an 800 square foot accessory dwelling unit that is 16 feet in height with a minimum of four-foot side and rear yard setbacks from the property lines.
7. Landscape. For an accessory dwelling unit involving new construction, landscaping shall be installed that is consistent with the existing or proposed landscaping surrounding the primary residence, and such landscaping shall be consistent with the requirements of Chapter 8.57 for water efficiency.
8. Conversion and Expansion. For accessory dwelling units that will be created within the existing or proposed space of primary dwelling or existing, legally permitted accessory structure, no expansion of the physical dimensions of the existing structure is permitted, except that an expansion of up to 150 square feet may be included solely for the purpose of accommodating ingress and egress.
9. Access. The accessory dwelling unit shall have an independent exterior access/entrance, apart from that of the primary dwelling. The ADU entrance must be located on the side or rear building elevation, not facing a public right-of-way.
10. Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. A passageway is a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
11. Number of Units. The following number of accessory dwelling units shall be allowed as follows, provided that each unit complies with state building standards for dwellings:
a. Single-family lot. A maximum of three (3) units, including the primary dwelling, shall be allowed.
i. One (1) JADU.
ii. One (1) ADU.
b. Multiple-family lot.
i. The total number of accessory dwelling units that are within the portions of an existing multiple-family dwelling structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages shall not exceed 25% of the existing multiple family dwelling units, provided that at least one such ADU shall be permitted.
ii. Two detached accessory dwelling units shall be approved that are located on a lot that has an existing multiple-family dwelling, provided that the units are no higher than 16 feet and meet a 4-foot rear and side yard setback.
iii. JADUs are not permitted.
12. Unit size. The maximum total floor area of any new accessory dwelling unit shall not exceed the following:
a. New detached. 850 square feet for a studio or 1-bedroom unit and 1,000 square feet for a unit with more than 1 bedroom. No more than two bedrooms are allowed. b. New attached. 850 square feet for a studio or 1-bedroom unit and 1,000 square feet for a unit with more than 1 bedroom, or fifty (50) percent of the existing primary dwelling, whichever is less. No more than two bedrooms are allowed.
c. Conversion. The conversion of an existing, legally permitted accessory structure is not subject to maximum unit size requirements. The conversion of a portion of the existing primary residence may not exceed fifty (50) percent of the floor area of the primary dwelling or 1,000 square feet, whichever is less.
d. A covered balcony, porch or patio provided with an accessory dwelling unit shall count towards the total floor area.
13. Parking.
a. One new parking space per accessory dwelling unit or per bedroom, whichever is less, shall be required, except as provided in subparagraph (c) below. Off-street parking shall be permitted in setback areas or through tandem parking in designated parking areas, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. b. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, those off-street parking spaces are not required to be replaced. c. No additional parking shall be required for any accessory dwelling unit in the following instances:
i. The unit is within one-half mile walking distance of public transit. A map shall be provided confirming the distance.
ii. The unit is located within an architecturally and historically significant historic district. iii. The unit is part of the proposed or existing primary residence or an accessory structure. iv. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
v. When there is a car share vehicle located within one block of the accessory dwelling unit.
14. Septic and Sewer. All accessory dwelling units shall be connected to the public sewer system unless an exemption is granted pursuant to Chapter 8.50. If there is no “available public sewer system” as defined in Chapter 8.50, and a private sewage system will be used, it must be appropriately sized in compliance with the Building Code.
15. Utilities. For detached accessory dwelling units, excluding those that are within the space of an existing accessory structure, the City may require a new or separate utility connection directly between the accessory dwelling unit and the utility.
16. Ownership and Occupancy. An accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence. An accessory dwelling unit shall not be utilized as a short-term vacation rental as defined in Chapter
5.96 of this code.
17. Certificate of Occupancy. The City shall not issue a certificate of occupancy for an accessory dwelling unit before it issues a certificate of occupancy for the primary dwelling.
9.114.060 Junior Accessory Dwelling Unit (JADU) Development Standards A. All junior accessory dwelling units must comply with the standards in this Section. For JADUs that are subject to the development standards in Section 9.114.050, to the extent that there is any conflict between those standards and the standards in this Section, the standards in this Section shall take
precedence.
1. One (1) junior accessory dwelling unit may be permitted per lot zoned for one-family dwellings with a one-family dwelling already built, or proposed to be built, on the lot.
2. A junior accessory dwelling unit shall be constructed within the walls of the proposed or existing one-family dwelling, and is not permitted within an accessory structure.
3. A junior accessory dwelling unit shall have an independent exterior access separate from the main entrance to the proposed or existing primary dwelling.
4. A junior accessory dwelling unit shall include an efficiency kitchen that includes cooking facilities, a food preparation counter, and storage cabinets.
5. A lot with a junior accessory dwelling unit must be owner-occupied. The owner may live in either the junior accessory dwelling unit or the primary dwelling. If the owner fails to comply with this requirement, the City may require the junior accessory dwelling unit be returned to its original use.
This requirement shall not apply if the owner is a governmental agency, a land trust, or housing organization.
6. A deed restriction that runs with the land shall be recorded and a copy filed with the City that includes a prohibition on the sale of the junior accessory dwelling unit separate from the sale of the primary residence, that this prohibition may be enforced against future purchasers, and that restricts the size of the junior accessory dwelling unit to no more than 500 square feet.
7. Additional off-street parking is not required for a junior accessory dwelling unit.