HomeMy WebLinkAboutOrd 864 ORDINANCE NO. 864
ZONE ORDINANCE AMENDMENT NO. 21-001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY AMENDING CHAPTER 9.31 MIXED USE
COMMERCIAL OF THE CATHEDRAL CITY MUNICIPAL CODE
WHEREAS, Title 9 (Planning and Development) of the City of Cathedral City
(City)'s Municipal Code ("Planning and Zoning Code") provides for the organized,
predictable, and efficient development of land within the City; and
WHEREAS, the Planning and Zoning Code establishes land use districts
throughout the City and regulates the development of land in each district; and
WHEREAS, the City has long worked to attract long-term commercial investment
and development in its Downtown area for the use and enjoyment of City residents and
visitors, and the continued economic development of the City; and
WHEREAS, on August 3, 2022, after taking public testimony during a regularly
scheduled public meeting, the Planning Commission approved a Mitigated Negative
Declaration in accordance with the California Environmental Quality Act and
recommended approval of Zone Ordinance Amendment No. 21-001 (Amendment) to
allow for additional commercial uses within the Mixed-Use Commercial (MXC) zone; and
WHEREAS, the Amendment will expand on existing uses permitted with a
conditional use permit in the MXC zone to allow for and encourage commercial
development in the City's Downtown area, including the proposed Cathedral Cove
Center, a comprehensive phased planned development with a proposed mix of
commercial and residential uses; and
WHEREAS, the proposed Amendment is consistent with the policies and goals of
the General Plan and is in the best interests of the City's general welfare; and
WHEREAS, in light of the above, as well as the findings made by the Planning
Commission, the City Council of the City of Cathedral City wishes to adopt Zone
Ordinance Amendment No. 21-001 as provided herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Cathedral City finds that the above
recitals are true and correct.
SECTION 2. Title 9 of the City of Cathedral City Municipal Code is hereby
amended in its entirety to read as provided in Attachment A, attached hereto and
incorporated herein by this reference, with additions noted in underline and deletions
noted in strikeout.
SECTION 3. If any section, subsection, sentence, clause, phrase or word of this
Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Ordinance. The City
Council hereby declares it would have passed and adopted this Ordinance and each and
all provisions hereof irrespective of the fact that any one or more of said provisions be
declared invalid.
SECTION 4. This Ordinance shall take effect thirty (30) days after its second
reading by the City Council.
SECTION 5. The City Clerk shall, within fifteen (15) days after passage of this
Ordinance, cause it to be posted in at least three (3) designated public places; shall
certify to the adoption and posting of this Ordinance; and shall cause this Ordinance
and its certification, together with proof of posting, to be entered in the Book of
Ordinances of this City.
This Ordinance was approved and adopted at a meeting of the City Council
held on the 28th day of September, 2022, by the following vote:
Ayes: Councilmembers Gregory, Ross and Carnevale; Mayor Pro TPM
Lamb and MAyor Gutierrez
Noes: None
Abstain: None
Absent: None
Ernesto M. Gutierrez, Mayor
ATTEST:
%/.14 aILLA-alciEaditr&—
Tracey R. eerr,osillo, City Clerk
ATTACHMENT A
Chapter 931
MXC MIXED USE COMMERCIAL
Sections:
9.31.010 Purpose and intent.
9.31.020 Permitted uses.
9.31.030 Conditional uses.
9.31.035 Minimum lot size for development.
9.31.040 Uses when adjacent to DRN.
9.31.050 Prohibited uses.
9.31.055 Special regulations for certain drive-thru facilities.
9.31.060 Setbacks.
9.31.070 Height.
9.31.080 Site access.
9.31.090 Parking.
9.31.100 Trash and recycling facilities.
9.31.110 Design review.
9.31.120 Conditional use permit.
931.130 Additional requirements for single room occupancy facilities.
931.140 Additional development standards for single room occupancy facilities.
9.31.010 Purpose and intent.
To provide for retail and service commercial uses which are of a high intensity and are necessary to
provide a wide range of entertainment venues and facilities, shopping facilities, and professional and
administrative offices.
(Ord. 697 § 2, 2010; Ord. 565 § 5,2002)
9.31.020 Permitted uses.
The following uses shall be permitted in the MXC district:
Retail—new;
Eating and drinking establishments, including those serving alcohol beverages or providing
entertainment,provided this activity is ancillary to food services;
Antique and import store;
Art gallery and supply store;
Bank, including ATMs;
Beauty and nail salon and barber shop;
Bicycle and scooter rental;
Book store;
Delicatessen;
Fitness center;
Florist;
Grocery store;
Health spa;
Hotels and resort hotel;
Insurance agency;
Jewelry store;
Media sales;
Museum;
Performing arts facility(one hundred seats or less);
Pharmacy and drug store;
Picture framing;
Postal services;
Print shop;
Real estate agency;
Shoe repair and/or sales;
Tailor shop and seamstress shop;
Travel agency;
Veterinarian, dog groomer and pet boutique;
Other professional offices, including, but not limited to, government, medical, dental or chiropractic
(second floor or above)i_
Other such similar uses as are approved by the planning commission.
(Ord. 697 § 2, 2010; Ord. 565 § 5,2002)
9.31.030 Conditional uses.
The following uses may be permitted subject to the issuance of a conditional use permit pursuant to
Chapter 9.72:
Antique,exotic or specialty vehicle sales/service;
Automobile service stations, subject to the provisions in Section 9.31.055;
Bar and nightclub, including establishments providing entertainment or permitting dancing and those
serving alcoholic beverages not ancillary to food service;
Community center;
Drive-through facility, subject to provisions in Section 9.31.055;
Movie theater;
Performing arts facility(more than one hundred seats);
Auditorium;
Commercial recreation facility;
Dry cleaner, laundry agency and self-service;
Multiple-family residential,maximum density as described in the downtown residential neighborhood
(DRN)zone. When residential is located above commercial uses, access shall not be provided through the
commercial use;
Membership club and lodge;
Parking lot, surface or garage;
Open air kiosk;
Professional offices, including government,medical, dental or chiropractic(ground floor only);
Psychic service;
School(second floor or above);
Place of worship or similar institution;
Single room occupancy facilities, on the second floor or above;
Supportive housing;
Transitional housing
(Ord. 731 § 10, 2014; Ord. 699 § 6, 2011; Ord. 697 § 2,2010; Ord. 565 § 5, 2002)
9.31.035 Minimum lot size for development.
A. This section applies only to that portion of the MXC district bounded as follows: on the north by the
North Cathedral Channel; on the south by East Palm Canyon Drive; on the east by Date Palm Drive;
and on the west by Monty Hall Drive.
B. Within that portion of the MXC district described in subsection A,the following restrictions apply:
1. No development is permitted on lots of less than ten thousand square feet in size.
2. Development of lots of between ten thousand to twenty thousand nine hundred ninety-nine square feet
in size may be permitted subject to the issuance of a conditional use permit pursuant to Chapter 9.72.
3. Development of lots of twenty-one thousand square feet or greater are not subject to the issuance of a
conditional use permit under this section.
C. This section's requirements are in addition to any other applicable requirements, including those set
forth in Section 9.31.030.
D. Any development project applicant that is required to obtain a conditional use permit under this section
and Section 9.31.030 will be required to pay only one application fee so long as the applicant submits
the applications for both conditional use permits simultaneously.
E. Any owner of record of a lot described in subsection(B)(1),and any lenders or other lienors(and their
direct successors) that acquire title to the lot as a result of the foreclosure of a security interest (or a
deed in lieu of such foreclosure) created by the owner of record or its predecessors in interest, may
apply for a variance pursuant to Chapter 9.76 to permit development of that lot, subject to both of the
following conditions:
1. As of the effective date of the ordinance codified in this section to the zoning code, the owner held
record title to the lot, and, if applicable,the security interest was of record against the lot.
2. The owner is not a public entity.
(Ord. 739 § 1, 2014)
9.31.040 Uses when adjacent to DRN.
When multiple parcels are part of a single development, and the zoning for the development is a
mixture of MXC (mixed use commercial) and DRN(downtown residential neighborhood), the provisions
of either zone shall apply to the entire project area. •- . . . _ . .. . . -- • - . . .•- . .
shall make a finding that states the proposed development is in compliance with the EIR, and any
(Ord. 697 § 2, 2010; Ord. 565 § 5,2002)
9.31.050 Prohibited uses.
A. The following are prohibited uses in the MXC district:
Manufacturing uses;
Mini warehousing;
Motel;
Residential on the first floor fronting the north side of East Palm Canyon Drive and/or Town Square;
Retail-used;
School(ground floor);
Tattoo and body piercing establishment;
Wholesale tobacco store.
B. Uses not specifically listed in this chapter as permitted or conditionally permitted are expressly
prohibited. No land shall be used nor buildings and structures hereafter be erected, altered, enlarged,
or otherwise modified in this zoning district unless said use and improvement is in compliance with
the district provisions.
(Ord. 697 § 2, 2010; Ord. 565 § 5,2002)
9.31.055 Special regulations for certain u facilities.
This section applies only to that portion of the MXC district bounded as follows: up to 240 feet south of
East Palm Canyon Drive between Van Fleet Street and Date Palm Drive. This section's requirements are
in addition to any other applicable requirements set forth in this Chapter. Where they differ, the
requirements in this section shall apply to the property described above.
A. Drive-thru facilities are limited to full-service pharmacies, full-service banks, and eating
establishments.
A. Drive thru facilities may be located north of East Palm Canyon Drive and easterly three hundred
twenty feet east of the center line of Monty Hall Drive;
Bl. The allowed drive-thru facility shall obtain a conditional use permit per Chapter 9.72 of the
municipal code.
G2. The drive-thru facility shall incorporate a porte-cochere of at least thirty-five feet in length or as
50 percent of the adjoining length of the building,whichever is greater.
D3. An eating establishment with a drive-thru facility shall also provide an outdoor dining area with
a pleasant and inviting ambiance.
B. Automobile service stations
1. Automobile service stations shall comply with Chapter 9.96.150 of the municipal code in addition to
the following:
2. All carwash services shall be prohibited.
EC. The approval body shall make the following findings in approving a conditional use permit for drive
thru facilitie,:
1. The drive-thru lanes and gas pump canopies are screened from the public right-of-way and adjacent
properties or uses;
2. The Drive thru service facility does not constitute a nuisance to adjacent property owners due to traffic,
noise, odors, or lighting;
3. The facility does not create vehicular congestion on site,on adjacent properties,or with the
public right-of-way;
4. The drive thru facility does not conflict with pedestrian movements;
5. The architecture of the drive thru facility is of a superior quality and consistent with that of the
surrounding area; and
6. The drive thru facility and associated signage are integrated into the architecture of the building.
(Ord. 697 § 2,2010)
9.31.060 Setbacks.
A. Setbacks shall meet the intent of the downtown design guidelines.
1. Street/alley: No minimum.
2. Interior: none, or minimum eight feet but not to exceed fifteen feet.
3. Exceptions:properties located along East Palm Canyon Drive,West Buddy Rogers Avenue or property
that fronts along Town Square, shall have zero interior setbacks except for public passageways.
B. The corner of a corner building may be set back at a diagonal no more than six feet as measured at a
forty-five degree angle from the corner.
C. Special architectural features as described in the downtown design guidelines may project no more
than three feet over property lines into the public right-of-way but must be at least twelve feet above
the highest point in the right-of-way over which they project,and are subject to design review.
(Ord. 697 § 2, 2010; Ord. 565 § 5, 2002)
9.31.070 Height.
A. Building height shall be measured from the adjacent sidewalk or finished grade, whichever is greater
in elevation, to the top of the cornice, parapet, or eave line. Buildings located on sloped lots shall be
measured from the highest elevation point of the finished grade.
B. Building height shall not exceed fifty-five feet and shall not be less than twenty feet.
1. Exceptions:
a. Buildings that occupy corner parcels at the intersection of East Palm Canyon Drive and West Buddy
Rogers Avenue or Cathedral Canyon Drive, up to fifty feet of building mass measured from West
Buddy Rogers Avenue or Cathedral Canyon Drive, may be built to a maximum of sixty-eight feet.
Special architectural features may also be added with no height limit for these locations.
b. The minimum height for newly constructed or renovated buildings located along East Palm Canyon
Drive,Date Palm Drive and Cathedral Canyon Drive, shall be twenty-two feet.
c. Theaters and buildings used for other similar entertainment venues may exceed established height
limits and shall be reviewed on a case-by-case basis.
d. Additional height may be approved for buildings constructed above subsurface or surface parking,but
in no case shall the overall height exceed sixty-eight feet.
e. Special architectural features such as towers, turrets, cupolas, building entry volumes, or ornamental
portions of parapet walls may exceed the maximum heights prescribed herein by not more than twelve
feet. Special architectural features may include habitable space but shall not have a footprint greater
than twenty-five percent of the footprint of the main building to that it is attached.
f. Rooftop structures such as elevator and mechanical equipment enclosures, or roof deck trellises and
gazebos may exceed the height limit by ten feet, provided they are screened by a parapet or a pitched
roof.
(Ord. 697 § 2, 2010; Ord. 565 § 5, 2002)
9.31.080 Site access.
Curb cuts and vehicular access lanes are not permitted on East Palm Canyon Drive,West Buddy Rogers
Avenue,George Montgomery Trail or frontages along the Town Square,or as otherwise determined by the
city engineer.
(Ord. 697 § 2, 2010; Ord. 565 § 5, 2002)
9.31.090 Parking.
A. If the property is located within the area defined by East Palm Canyon Drive, Officer David Vasquez
Way,Monty Hall Avenue and Cathedral Canyon Drive,off-street parking is provided in the municipal
parking structure and no additional parking is required.
B. If the property is not within the area defined by East Palm Canyon Drive,Officer David Vasquez Way,
Monty Hall Avenue and Cathedral Canyon Drive,off-street parking shall be provided as follows:
1. Retail, eating and drinking establishments, personal and business services, and professional and
government offices shall provide one space per each three hundred thirty-three square feet of floor
area.
2. Medical and dental offices shall provide one space per each two hundred square feet of floor area.
3. Assembly uses, including clubs and lodges, shall provide one space per each fifty square feet of floor
area.
4. Residential uses shall be as determined in the downtown residential neighborhood(DRN)zone.
5. Other uses not listed shall be as otherwise provided in the Cathedral City Municipal Code.
6. The total number of spaces required shall be equal to the sum of the requirements for each individual
use in a particular development.
7. Combined parking areas are permissible per Section 9.58.060 of the Cathedral City Municipal Code.
(Ord. 697 § 2,2010; Ord. 565 § 5, 2002)
9.31.100 Trash and recycling facilities.
A. All uses listed herein shall have enclosures that are constructed to city standards that accommodate
both trash and recycling disposal.
B. When residential uses are located on the fourth floor of a building or higher, trash and recycling
disposal chutes shall be provided for resident use.
(Ord. 697 § 2, 2010; Ord. 565 § 5,2002)
9.31.110 Design review.
Approval of development shall be processed per Chapter 9.78.
(Ord. 697 § 2,2010; Ord. 565 § 5, 2002)
9.31.120 Conditional use permit.
Conditional use permits shall be processed pursuant to Chapter 9.72. Approval of development shall
be processed per Chapter 9.78.
(Ord. 697 § 2, 2010; Ord. 565 § 5, 2002)
9.31.130 Additional requirements for single room occupancy facilities.
Prior to the issuance of a certificate of occupancy for a single room occupancy facility, there shall be
a written agreement between the city and the operator of the facility addressing all of the following:
A. The provision of on-site management twenty-four hours a day to oversee the facility.
B. On-going enforcement of written rules of conduct for residents.
C. Implementation of a security plan with appropriate security measures as approved by the chief of police
or designee.
D. Ongoing maintenance of structures and landscaping.
(Ord. 699 § 6, 2011)
9.31.140 Additional development standards for single room occupancy facilities.
A. A single room occupancy facility shall have only one ingress/egress for residents, except for required
emergency exit(s).
B. A single room occupancy facility shall provide seven-tenths parking spaces for each unit. Any partial
spaces in this calculation shall be rounded up to the next whole space.
C. Each single room occupancy facility shall provide one-half secure bicycle parking facilities for each
unit.Any partial spaces in this calculation shall be rounded up to the next whole facility.
D. Each single room occupancy unit shall contain a minimum of two hundred twenty square feet,
including a minimum ten square feet of storage space.
E. Each single room occupancy unit shall contain a bathroom consisting of,at a minimum,one commode,
one lavatory and one shower.
F. Each single room occupancy unit shall contain kitchen facilities consisting of, at a minimum, a
microwave oven, a sink and a refrigerator.
(Ord. 699 § 6,2011)