HomeMy WebLinkAboutOrd 862 ORDINANCE 862
ZONE ORDINANCE AMENDMENT NO. 22-002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY AMENDING TITLE 9 OF THE CATHEDRAL CITY
MUNICIPAL CODE PURSUANT TO THE ADOPTION OF THE GENERAL
PLAN AND HOUSING ELEMENT UPDATES
WHEREAS, Title 9 (Planning and Development) of the City of Cathedral City's
Municipal Code ("Planning and Zoning Code") provides for the organized, predictable,
and efficient development of land within the City; and
WHEREAS, the Planning and Zoning Code establishes land use districts
throughout the City and regulates the development of land in each district; and
WHEREAS, on May 25, 2022, the City Council adopted a Negative Declaration in
accordance with the California Environment Quality Act and approved General Plan
Amendment No. 20-001 (Housing Element Update); and
WHEREAS, on July 28. 2021, the City Council adopted the 2040 General Plan
Update and Active Transportation/Neighborhood Elective Vehicle Plan (General Plan
Amendment No. 18-002); certifying the Environmental Impact Report (SCH #201808012)
for the 2040 General Plan Update and AT/NEV Plan; and adopting Environmental
Findings, a Statement of Overriding Considerations and Mitigation Monitoring and
Reporting Program for the 2040 General Plan Update); and
WHEREAS, in light of the above updates to the General Plan and Housing
Element, the City now desires to update its Zone Ordinance (Title 9) for consistency.
THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Cathedral City 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 7. If any section, subsection, sentence, clause, phrase or word of this
Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Ordinance. The City
Council hereby declares it would have passed and adopted this Ordinance and each and
all provisions hereof irrespective of the fact that any one or more of said provisions be
declared invalid.
SECTION 8. This Ordinance shall take effect thirty (30) days after its second
reading by the City Council.
SECTION 9. The City Clerk shall, within fifteen (15) days after passage of this
Ordinance, cause it to be posted in at least three (3) designated public places; shall
certify to the adoption and posting of this Ordinance; and shall cause this Ordinance
and its certification, together with proof of posting, to be entered in the Book of
Ordinances of this City.
This Ordinance was approved and adopted at a meeting of the City Council
held on the 14th day of September, 2022, by the following vote:
Ayes: Councilmembers Gregory, Ross and Carnevale; Mayor Pro
Tem Lamb and Mayor Gutierrez
Noes: None
Abstain: None
Absent: None
Ernesto M. Gutierrez, Mayor
ATTEST:
1 . AlAi i : I
Tracey R.1 -rmosillo, City Clerk
ATTACHMENT A
Title 9
PLANNING AND ZONING
Chapters:
Division I.Introductory Provisions
9.02 Applicability and Purpose
9.04 Conflicts and Clarifications
9.05 Development Agreements
9.06 Use Determination
9.08 Definitions
Division H.District Regulations
9.10 Zoning Districts Established
9.12 RE Residential Estate District
9.14 R1 Single-Family Residential District
9.16 R2 Multiple-Family Residential District
9.18 RM Multiple-Family Residential District
9.20 R3 Multiple-Family Residential District
9.22 R4 Multiple-Family Residential District
9.24 RR Resort Residential District
9.25 DRN Downtown Residential Neighborhood
District
9.26 PPO Planned Professional Office District
9.28 PLC Planned Limited Commercial District
9.30 PCC Planned Community Commercial
District
931 MXC Mixed Use Commercial
9.32 CTR Commercial Tourist and Recreation
Zone
I
District
9.36 CBP-2 Commercial Business Park District
938 NBP Neighborhood Business Park
(Transition)District
9.40 I-1 Light Industrial District
9.42 OS Open Space District
9.44 OS-R Open Space Residential District
9.48 Density Bonus and Affordable Housing
Program
9.50 S Specific Plan Overlay Zone
9.52 H Hillside Protection Regulations
9.54 LH Limited Height Overlay Zone
9.56 P/III Public/Institutional Housing Overlay
District
Division III.General Provisions
9.58 Off-Street Parking
9.60 Specific Plans
9.62 Signs
9.64 Mobile Home Park Standards
9.66 Nonconforming Uses,Lots,Structures and
Other Improvements
9.68 Special Use Permits
9.70 Home Occupations
9.72 Conditional Use Permits
9.74 Change of Zone or Zoning Ordinance Text
9.76 Variances
9.78 Design Review
9.80 Accessory Structures, Structure Heights,
Yards,Walls and Fencing
9.82 Sexually Oriented Businesses
9.84 Recreational Vehicle Parks
9.86 Performance Standards
9.88 Screening of Outdoor Storage and Trash
Enclosures
9.89 Outdoor Lighting Standards
9.90 Condominium Conversions
9.92 Time-Share Use or Occupancy of Land
9.94 Planned Unit Development
9.96 Special Provisions Applying to Miscellaneous
Problem Uses
9.98 Senior and Elderly Citizen Housing
9.100 Regulation of Animals
9.102 Transportation Demand Management
9.104 Reasonable Accommodations for People with
Disabilities
9.106 Dedication of Land for Park and Recreational
Purposes and Payment of In-Lieu Fees
9.108 Cannabis Businesses
9.110 Extreme Body Modification Facilities
9.112 Prohibition of Attended and Unattended
Collection Donation Bins
9.114 Accessory Dwelling Units
Division I.Introductory Provisions
Chapter 9.02
APPLICABILITY AND PURPOSE
Sections:
9.02.010 Purpose and intent.
9.02.020 Scope of regulations.
9.02.030 Official zoning map.
9.02.040 Boundaries of zoning districts.
9.02.050 Overlay districts.
9.02.060 Annexations and pre-zoning.
9.02.070 Form based principles.
9.02.080 General plan and zoning consistency.
9.02.010 Purpose and intent.
The Cathedral City development code provides the framework for an organized, predictable and
efficient development process. The development code embodies the policies and regulations necessary to
implement the provisions of the general plan, specifically the land use element, and is intended to protect the
public health, safety and general welfare of the residents and to provide economic and social benefits from
an orderly planned use of land resources. If properly applied,these regulations can:
A. Improve the quality of life,business climate and built environment of Cathedral City.
B. Preserve natural beauty, scenic vistas, cultural and historic resources, and other desirable features of the
city.
C. Promote circulation patterns that are safe,convenient and effective for all modes of travel.
D. Introduce and support sustainable development,conserve energy and protect natural resources.
E. Result in neighborhoods that are diverse and offer opportunities for all income levels and lifestyle
options.
F. Remove barriers typically present for developers and those choosing to invest in the community.
(Ord. 714 § 3, 2012)
9.02.020 Scope of regulations.
The provisions of the development code apply to all properties within the municipal boundaries of
Cathedral City. The city should strive to follow all the code requirements contained in the development
code. However, on occasion with written authority from the city manager to waive or modify the provisions
of the development code in regard to any real property, facilities and/or improvements owned by the city.
No building, or part thereof, shall hereafter be constructed, altered, or used, and no parcel of land shall
be further developed, except in conformity with the provisions of this title. Furthermore, these provisions
apply to any changes in occupancy of a building.
(Ord. 714 § 3, 2012)
9.02.030 Official zoning map.
The physical boundaries of the various zoning districts indicate on the official zoning map of the city
which is on file with the city clerk and is hereby a part of this title. The development code specifies the
allowable uses in each zone including the more flexible form based provisions allowed in each district.
(Ord. 714 § 3, 2012)
9.02.040 Boundaries of zoning districts.
The boundaries of each zoning district shall be established by ordinance adopted by the city council,
following a recommendation from the planning commission, adopting or amending the official zoning map.
It is the intent to place zoning boundaries along identifiable geographic features such as property lines,
streets, drainage channels, etc. Where uncertainty exists in relation to the boundaries of any zone shown
upon the official zoning map or any part or unit thereof,the following rules shall apply:
A. Where boundaries are indicated that approximately follow street and alley lines or lot lines, such lines
shall be construed to be the zone boundaries.
B. When property is not part of an approved subdivision map and a zone boundary divides a lot, the
boundary,unless indicated by dimensions, shall be determined by scale.
C. Where a public street or alley is officially vacated or abandoned, the area comprising the vacation shall
acquire the underlying zoning classification.
D. Areas of dedicated streets or alleys and railroad rights-of-way, other than such as are designated on the
zoning map as being classified in one of the zones provided in this title, shall be deemed to be
unclassified and, in the case of streets, permitted to be used only for purposes lawfully allowed in
conjunction with the abutting property and, in the case of railroad rights-of-way, permitted to be used
solely for the purpose of accommodating tracks, signals, other operative devices and the movement of
rolling stocks.
(Ord. 714 § 3,2012)
9.02.050 Overlay districts.
In addition to the zoning districts established by this title,the following overlay districts are established
which, when combined with a zoning district, establish additional special regulations which are discussed in
Chapters 9.4850 through 9.56:
A. Overlay District S—Specific Plan;
AB.Overlay District H—Hillside Review;
BC.Overlay District LH—Limited Heighti-
D. Overlay District P/IH—Institutional Housing;
(Ord. 714 § 3, 2012)
9.02.060 Annexations and pre-zoning.
Unincorporated territory or property adjacent to the city may be pre-zoned for the purpose of
determining a zone which will apply to the property in the event of subsequent annexation. The procedure to
establish a pre-zoning designation shall be the same as the process for changing zoning districts on property
within the city. Unless otherwise specified at the time of annexation, the pre-zoning designation shall
become effective upon annexation.
(Ord. 714 § 3,2012)
9.02.070 Form based principles.
The development code includes form based principles intended to compliment traditional zoning
regulations while allowing the flexibility needed to properly develop property within an existing built
environment. Because such a large portion of the community has already been developed, a significant
amount of future development will be infill projects or redevelopment of existing areas that are poorly
developed or underdeveloped. Therefore, where appropriate, a strong emphasis will be placed on
compatibility, consistency, scale, mass, circulation, safety and a harmonious built environment rather than
strict adherence to a pre-established set of regulations that may not account for existing uses.
(Ord. 714 § 3, 2012)
9.02.080 General plan and zoning consistency.
The zoning districts established by this title are intended to implement the land use element of the
general plan and to establish consistency between the land use element and routine land use decisions. In
order to determine this consistency,the following matrix is provided.
GENERAL PLAN LAND USE DESIGNATION
Zoning
RE RL RR RM RMH RH4 BP CN CG DTC MU-N MU-U I P OS
District
RE 0
R1 0
R2 0 0
RM 0 0 0
R3 0 0 0
R4 0
RR 0
PPO O 0 0 0
PLC 0 0 0 0
PCC 0
CTR 0 0 0 0
CBP-l--&a 0 O
2
NBP 0 0 0
BP 0
DRN 0
MXC 0
MU-U 0
MU-N 0
I-1 0
EH-LI 0
OS 0 O O
OS-Res O 0
(Ord. 746 § 2, 2014; Ord. 714 § 3, 2012)
Chapter 9.04
CONFLICTS AND CLARIFICATIONS
Sections:
9.04.010 General consistency and common conflict.
9.04.020 Clarification of ambiguity.
9.04.030 Application of more restrictive requirements.
9.04.040 Clarifications.
9.04.010 General consistency and common conflict.
The provisions of this title are not intended to interfere with or void any easements, covenants, or other
existing agreements which are more restrictive than the provisions of this title. When the provisions of this
title impose more restrictive regulations upon buildings or structures, or on the use of lands, or require larger
open spaces, yards, or setbacks or otherwise establish more restrictive regulations than are imposed or
required by any other law,title, ordinance, code or regulation,the provisions of this title shall govern.
(Ord. 714 § 4,2012)
9.04.020 Clarification of ambiguity.
If ambiguity arises concerning the application of the provisions of this title it shall be the duty of the
planning commission to ascertain all pertinent facts and by resolution of record set forth the findings and the
interpretations.
(Ord. 714 § 4,2012)
9.04.030 Application of more restrictive requirements.
Nothing in this title shall be deemed to affect, annul or abrogate any other ordinances pertaining or
applicable to the properties and areas affected by this title. In the event that a conflict does arise, the more
restrictive requirement shall apply.
(Ord. 714 § 4, 2012)
9.04.040 Clarifications.
Any party seeking clarification of any provision of title,may submit the request to staff in writing. If the
staff determination does not adequately clarify the provision, the subject party may seek further clarification
from the planning commission. The decision of the planning commission may be appealed to the city
council whose determination shall be final.
(Ord. 714 § 4, 2012)
Chapter 9.05
DEVELOPMENT AGREEMENTS
Sections:
9.05.005 Purpose and intent.
9.05.010 Authority and scope.
9.05.015 Application forms.
9.05.020 Filing and processing fees.
9.05.025 Qualified applicant.
9.05.030 Filing of application.
9.05.035 Draft development agreement.
9.05.040 Review of application by the city planner.
9.05.045 Setting of public hearing before the planning commission.
9.05.050 Contents and manner of providing notice of public hearing.
9.05.055 Failure to receive notice.
9.05.060 Hearing and recommendation by the planning commission—Review criteria.
9.05.065 Hearing before the city council—Review criteria.
9.05.070 Approval of development agreement.
9.05.075 Amendment and cancellation.
9.05.080 Recordation.
9.05.085 Periodic review.
9.05.090 Changes in state or federal laws.
9.05.095 Modification or termination of procedures.
9.05.100 Form of agreement—Mandatory terms and conditions for development agreements.
9.05.005 Purpose and intent.
The purpose of this chapter is to establish procedures and requirements for the consideration of
development agreements which are intended to strengthen the public planning process, encourage private
participation in comprehensive planning and reduce the economic risk of development by eliminating
uncertainty in planning for and securing orderly development of a project, assuring progressive installation
of necessary improvements,providing public services appropriate to each stage of development of a project,
ensuring attainment of the maximum effective utilization of resources within the city at the least economic
cost to its citizens, and otherwise achieving the goals and purposes for which the development agreement
statue was enacted.
(Ord. 585 § 1, 2004)
9.05.010 Authority and scope.
This chapter is adopted pursuant to Article 11, Section 7 of the California Constitution and pursuant to
Government Code Section 65864 et seq. All development agreements entered into after the effective date of
this chapter shall be processed in accordance with the provisions of this chapter. In performing his or her
functions under this chapter,the city planner shall act under the direction of the city manager.
(Ord. 585 § 1, 2004)
9.05.015 Application forms.
The city planner shall prescribe the form of each application, notice and documents provided for or
required under this chapter for the preparation, processing and implementation of development agreements.
The application shall include a fiscal impact statement on the proposed development. The city planner may
require an applicant for a development agreement to submit such information and supporting data as the city
planner considers necessary to process the application, including, without limitation, the names and mailing
labels for all persons shown on the last equalized assessment roll as owning real property within three
hundred feet of the property that is the subject of the development agreement. (Ord. 585 § 1,2004)
9.05.020 Filing and processing fees.
The city council shall establish and from time to time amend by resolution a schedule of fees imposed
for the filing and processing of each application and document required by this chapter.
(Ord. 585 § 1,2004)
9.05.025 Qualified applicant.
An application for a development agreement may only be filed by a person who has a legal or equitable
interest in the real property for which a development agreement is sought or the authorized representative of
such a person.
(Ord. 585 § 1, 2004)
9.05.030 Filing of application.
The city planner shall endorse on the application the date it is received. The city planner shall review
the application and may reject the application if it is not completed in the manner required by this chapter.
(Ord. 585 § 1,2004)
9.05.035 Draft development agreement.
Each application shall be accompanied by the form of development agreement proposed by the
applicant. Such form of development agreement shall contain the mandatory development agreement terms
and conditions required by Section 9.05.100 of this chapter. Failure to include such mandatory provisions
shall result in the rejection of the application as incomplete.
(Ord. 585 § 1, 2004)
9.05.040 Review of application by the city planner.
The application shall be reviewed by the city planner. After reviewing the application and any pertinent
information and determining that the application is complete, the city planner shall prepare a staff report to
the planning commission. The staff report shall analyze the proposed development agreement and provide a
recommendation to the planning commission as to whether or not the proposed development agreement
should be approved, disapproved or approved with amendments.
(Ord. 585 § 1,2004)
9.05.045 Setting of public hearing before the planning commission.
Upon completion of the staff report required by Section 9.050.040 of this chapter, a public hearing shall
be held by the planning commission in order to consider the proposed development agreement and the
director's staff report. The city planner shall give notice of the public hearing and the planning commission's
intention to consider at the hearing recommending adoption of a proposed development agreement to the
city council. Such notice shall be provided in accordance with Section 9.05.050 of this chapter.
(Ord. 585 § 1, 2004)
9.05.050 Contents and manner of providing notice of public hearing.
Except as provided in Section 9.05.095 of this chapter, notice of any public hearing required by this
chapter shall include the following contents and shall be given in the following manner:
A. Contents of Notice. The notice shall contain:
1. The date,time and place of the public hearing;
2. The identity of the hearing body or officer;
3. A general explanation of the matter to be considered, including a general explanation of the
development agreement and a general description of the property proposed to be developed;
4. Other information the city planner deems necessary or desirable.
B. Manner of Providing Notice.
1. Mailing or delivering the notice at least ten days prior to the hearing to the owner of the property that is
the subject of the development agreement or to the owner's duly authorized agent and to the project
applicant.
2. Mailing or delivering the notice at least ten days prior to the hearing to each local agency expected to
provide water, sewage, streets, roads, schools or other essential facilities or services to the property that
is the subject of the development agreement, whose ability to provide those facilities and services may
be significantly affected by the development proposed in the agreement.
3. Mailing or delivering the notice at least ten days prior to the hearing to all owners of real property as
shown on the last equalized assessment roll within three hundred feet of the property that is the subject
of the development agreement. If the number of owners to whom notice would be mailed or delivered
pursuant to this paragraph or paragraph (1) of this subsection (B) is greater than one thousand, the city
planner, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of
at least one-eighth page in at least one newspaper of general circulation within the city at least ten days
prior to the hearing.
4. Posting the notice at least ten days prior to the hearing in at least three public places within the city,
including one public place in the area of the property that is the subject of the development agreement.
5. Mailing the notice at least ten days prior to the hearing to any person who has filed a written request
therefor with the city planner or city clerk.
6. Publication of the notice at least ten days prior to the hearing and at least once in a newspaper of general
circulation published and circulated in the city. (Ord. 585 § 1,2004)
9.05.055 Failure to receive notice.
Pursuant to Section 65093 of the Government Code, the failure of any person or entity to receive notice
given in accordance with this chapter shall not affect the authority of the city to enter into a development
agreement. (Ord. 585 § 1, 2004)
9.05.060 Hearing and recommendation by the planning commission—Review criteria.
The planning commission shall consider the proposed development agreement at the public hearing and
make a recommendation thereon to the city council in the form of a written resolution and in the manner set
forth in this section. The recommendation shall be to either disapprove, approve or approve the proposed
development agreement with recommended amendments. The recommendation shall be forwarded to the
city council within seventy days of the time specified for the public hearing in the notice of public hearing.
The recommendation shall include whether or not the proposed development agreement:
A. Is consistent with the objectives, policies, general land uses and programs specified in the general plan
and any applicable specific plan;
B. Is compatible with the uses authorized in the zone in which the real property is located;
C. Is in conformity with the public necessity, public convenience, general welfare, and good land use
practices;
D. Will be detrimental to health, safety and the general welfare;
E. Will adversely affect the orderly development of the property;
F. Will have a positive fiscal impact on the city; and
G. Contains the mandatory terms and conditions set forth in Section 9.05.095 of this chapter. (Ord. 585 §
1,2004)
9.05.065 Hearing before the city council—Review criteria.
A. After the recommendation of the planning commission or after the expiration of the time period
specified in Section 9.50.060 of this chapter for planning commission consideration, the city planner
shall give notice of a public hearing before the city council to consider the proposed development
agreement. The notice shall be provided in the manner set forth in Section 9.05.050 of this chapter.
After it completes the public hearing and considers the recommendation, if any, of the planning
commission, the city council may approve, disapprove or approve with amendments the proposed
development agreement. The city council may,but need not, refer the matters not previously considered
by the planning commission during its hearing back to the planning commission for report and
recommendation. The planning commission shall hold a public hearing in accordance with this chapter
on any matters referred back to it by the city council.
B. The development agreement may not be approved unless the city council finds that the development
agreement:
1. Is consistent with the objectives, policies, general land uses and programs specified in the general plan
and any applicable specific plan;
2. Is compatible with the uses authorized in the zone in which the real property is located;
3. Is in conformity with the public necessity, public convenience, general welfare and good land use
practices;
4. Will not be detrimental to health, safety and the general welfare;
5. Will not adversely affect the orderly development of the property;
6. Will have a positive fiscal impact on the city; and
7. Contains the mandatory terms and conditions set forth in Section 9.05.100 of this chapter. (Ord. 585 §
1,2004)
9.05.070 Approval of development agreement.
The development agreement, if approved, shall be approved by the city council by the adoption of an
ordinance. Upon the adoption of the ordinance, the city shall enter into the development agreement by the
execution thereof by the city manager. (Ord. 585 § 1,2004)
9.05.075 Amendment and cancellation.
A. Either the city or the applicant or successor in interest thereto authorized by the city may propose an
amendment or cancellation in whole or in part of the development agreement.
B. The procedure for proposing and approving an amendment to or cancellation in whole or in part of the
development agreement shall be the same as the procedures set forth in this chapter for entering into a
development agreement.
C. Except as provided for in Section 9.05.095, the development agreement may only be amended or
canceled in whole or in part by the mutual consent of all parties to the development agreement. (Ord.
585 § 1, 2004)
9.05.080 Recordation.
No later than ten days after the city enters into the development agreement, the city clerk shall record
with the county recorder a copy of the development agreement. (Ord. 585 § 1, 2004)
9.05.085 Periodic review.
A. Pursuant to Section 65865.1 of the Government Code, the city council shall hold a public hearing to
review the development agreement at least every twelve months from the date the development
agreement is entered into. The purpose of this periodic review is to determine whether the applicant or
authorized successor in interest thereto has complied in good faith with the terms or conditions of the
development agreement.
B. The city planner shall give notice of the public hearing in the manner specified in Section 9.05.050 of
this chapter.
C. The applicant or any authorized successor in interest thereto shall demonstrate at the hearing good faith
compliance with the terms of the development agreement.
D. If, as a result of such periodic review, the city council fmds and determines, on the basis of substantial
evidence, that the applicant or authorized successor in interest thereto has not complied in good faith
with the terms or conditions of the development agreement, the city council may commence
proceedings to enforce,modify or terminate the development agreement pursuant to Section 9.05.095 of
this chapter. (Ord. 585 § 1,2004)
9.05.090 Changes in state or federal laws.
The city council, in its sole discretion, may hold public hearings to determine whether modification or
suspension of the development agreement is required because state or federal laws or regulations, enacted
after a development agreement has been entered into, prevent or preclude compliance with one or more
provisions of the development agreement. If, as a result of such review, the city council fmds and
determines, on the basis of substantial evidence, that modification or suspension of the development
agreement is so required, the city council may commence proceedings to modify or suspend the
development agreement pursuant to Section 9.05.095 of this chapter. (Ord. 585 § 1, 2004)
9.05.095 Modification or termination of procedures.
A. If upon a finding under subsection (D) of Section 9.05.085 or 9.05.090 of this chapter, the city council
determines to proceed with modification, suspension or termination of the development agreement, the
city council shall hold a public hearing and give notice of such hearing in the following manner:
1. Contents of Notice.The notice shall contain:
a. The date,time and place of the public hearing;
b. The identity of the hearing body or officer;
c. A general explanation of the matter to be considered, including a statement as to whether the city
council proposes to enforce,modify, suspend or terminate the development agreement;
d. Any proposed modification to the development agreement;
e. Other information the city council deems necessary or desirable.
2. Manner of Providing Notice.
a. Mailing or delivering the notice at least ten days prior to the hearing to the owner of the property that is
the subject of the development agreement or to the owner's duly authorized agent, as to the project
applicant.
b. Mailing or delivering the notice at least ten days prior to the hearing to each local agency expected to
provide water, sewage, streets, roads, schools or other essential facilities or services to the property that
is the subject of the development agreement, whose ability to provide those facilities and services may
be significantly affected by the development proposed an the agreement.
c. Mailing or delivering the notice at least ten days prior to the hearing to all owners of real property as
shown on the last equalized assessment roll within three hundred feet of the property that is the subject
of the development agreement. If the number of owners to whom notice would be mailed or delivered
pursuant to subsection (B)(1) is greater than one thousand, the director, in lieu of mailed or delivered
notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one
newspaper of general circulation within the city at least ten days prior to the hearing.
d. Posting the notice at least ten days prior to the hearing in at least three public places within the city,
including one public place in the area of the property that is the subject of the development agreement.
e. Mailing the notice at least ten days prior to the hearing to any person who has filed a written request
therefor with the city planner or city clerk.
f. Publication of the notice at least ten days prior to the hearing and at least once in a newspaper of general
circulation published and circulated in the city.
B. At the time set for the hearing, the city council may take such action, as it deems necessary to protect
the interests of the city. Any action to terminate,modify or suspend the development agreement shall be
by ordinance and shall be based upon findings, supported by substantial evidence. (Ord. 585 § 1,2004)
9.05.100 Form of agreement—Mandatory terms and conditions for development agreements.
No development agreement may be approved without the following mandatory provisions set forth in
the agreement,which provisions shall be consistent with the regulations set forth in this chapter:
A. The duration of the agreement;
B. The permitted uses of the property,
C. The density or intensity of use of the proposed property;
D. The maximum height and size of proposed buildings on the property;
E. Provisions,if applicable, for the reservation or dedication of land for public purposes;
F. The legal description of the property that is the subject of the development agreement;
G. A detailed description of the project that is the subject of the development agreement;
H. All information and documentation, including, without limitation, acknowledgments, required by the
county recorder in order to record the document with the county recorder for the county of Riverside;
I. Provisions governing the applicable rules, regulations and official policies that shall govern the
development of the project site;
J. Provisions governing amendments to the development agreement and any development permit to be
obtained for the development contemplated under the development agreement; 9.05.100
K. Provisions governing the parties' respective rights and duties in the event of any delay or default in
performance under the development agreement or in the event of any cancellation or termination of the
development agreement;
L. Provisions governing how any notice or communication required under the development agreement is to
be transmitted by the parties;
M. The following express provisions concerning city's and the applicant's respective rights and duties
under the development agreement:
1. Covenants Run With The Land. All of the terms,provisions, covenants and obligations contained in the
development agreement shall be binding upon the parties and their respective heirs, successors and
assigns, and all other persons or entities acquiring all or any portion of the subject property, or any
interest therein, whether by operation of law or in any manner whatsoever, and the rights thereof shall
inure to the benefit of such parties and their respective heirs, successors and assigns.
2. No Damages Relief Against City. The parties acknowledge that city would not have entered into the
development agreement had it been exposed to damage claims from developer for any breach thereof.
As such,the parties agree that in no event shall developer be entitled to recover damages against city for
breach of the development agreement.
3. Developer Default. No building permit shall be issued or building permit application accepted for any
structure on the subject property after developer is determined by city to be in default of the terms and
conditions of the development agreement, and until such default thereafter is cured by the developer or
is waived by city.
4. Waiver. All waivers of any rights, duties or obligations under the development agreement must be in
writing to be effective or binding upon the waiving party, and no waiver shall be implied from any
omission by a party to take any action with respect to any event of default. Failure by a party to insist
upon the strict performance of any of the provisions of the development agreement by the other party
shall not constitute waiver of such party's right to demand strict compliance by such other party in the
future.No express written waiver of any event of default shall affect any other event of default or cover
any other period of time specified in such express waiver.
5. Developer's Right to Assign or Transfer. Developer may not assign or transfer any of its rights or
interests under the development agreement without the express written consent of city.
6. Applicable Law. The development agreement shall be construed and enforced in accordance with the
laws of the state of California.
7. Cooperation In The Event of Legal Challenge. In the event of any legal or equitable action or other
proceeding instituted by any third party (including a governmental entity or official) challenging the
validity of any provision of the development agreement or any potential subsequent development
approvals, should any be obtained, the parties hereby agree to cooperate in defending said action or
proceeding.
8. Hold Harmless Agreement. Developer hereby agrees to, and shall defend, save and hold city and its
elected and appointed boards, commissions, officers, agents and employees harmless from any and all
claims, costs and liability for any damages, personal injury or death, which may arise, directly or
indirectly, from developer's or developer's contractors', subcontractors', agents or employees'
operations under this development agreement, whether such operations be by developer or by any of
developer's contractors, subcontractors,agents or employees.
9. Indemnification. Developer shall defend, indemnify and hold harmless city and its agents, officers and
employees against and from any and all liabilities, demands, claims, actions or proceedings and costs
and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees),
which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection
with any challenge to the legality, validity or adequacy of any of the following: (a) this development
agreement; (b) the environmental impact report prepared in connection with the adoption of the project
that is the subject of the development agreement; and(c)the proceedings undertaken in connection with
the adoption or approval of any of the above.
10. Severability. If any term, provision, covenant or condition of this development agreement is held by a
court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this
development agreement shall continue in full force and effect, unless enforcement of this development
agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or
would frustrate the purposes of this development agreement.
(Ord. 585 § 1, 2004)
Chapter 9.06
USE DETERMINATION
Sections:
9.06.010 Purpose and initiation.
9.06.020 Staff level review.
9.06.030 Investigation and notification.
9.06.040 Planning commission review.
9.06.050 Appeals.
9.06.010 Purpose and initiation.
In order to ensure that this title will permit compatible uses in each district, and recognizing that not
every possible land use can be identified in this title and because new land uses evolve over time,the staff
and/or the planning commission, upon its own initiative or upon written request, shall determine whether a
use not specifically listed as a permitted, accessory or temporary use in any district shall be deemed a
permitted use or conditional use in one or more districts. The determination shall be based upon the
similarity to uses specifically listed in the zone . . •• . • •- .-•• .. . . The
procedures of this chapter shall not be substituted for a zoning ordinance amendment procedure as a means
of adding new uses to the list of permitted or conditional uses.
(Ord. 714 § 5,2012)
9.06.020 Staff level review.
Application for a determination shall be submitted to the community development planning department
and include a detailed description of the proposed use and any other such information as may be required to
facilitate the determination.
(Ord. 714 § 5, 2012)
9.06.030 Investigation and notification.
Staff will review and compare the proposed use characteristics with the general plan goals and
objectives as well as the purposes of the various land use ordinances and must find:
A. The proposed use must be compatible with surrounding uses and shall be of a similar or less intensive
nature than uses being compared within the district. Use characteristics to be evaluated shall include,
but are not limited to: typical development requirements such as access and parking demands, building
enclosure and outdoor use,environmental impacts(i.e.,noise, dust, odor,vibration,heat, glare,presence
and handling of hazardous materials, etc.), nature of business (wholesale, retail, service,manufacturing,
etc.), construction type, and typical public service demands(water, sewer, fire protection, etc.).
B. The use in question meets the purpose and intent of the district in which it is proposed
provisions of this title.
C. The use in question meets and conforms to the applicable goals and objectives of the general plan.
(Ord. 714 § 5,2012)
9.06.040 Planning commission review.
A. Any determination on a proposed unlisted use may be referred to the planning commission as a public
hearing item if the city planner determines on a case-by-case basis that the public interest would be better
served by such referral.
B. Staff determinations may be appealed by the applicant to the planning commission by filing a written
request along with the established city fee with the planning commission within ten(10)business days of the
date of the staff determination. The planning commission shall consider the appeal as a If the applicant
established city fee as a nen-public hearing item .
C. The planning commission shall base their decision on the criteria in Section 9.06.030. The
determination of the planning commission shall be effective ten calendar days after the date of decision
unless appealed to the city council,by written appeal filed with the city clerk,whose decision shall be final.
(Ord. 714 § 5,2012)
9.06.050 Appeals.
Any applicant or aggrieved person may appeal any determination of the planning commission for
consideration by the city council in accordance with Section 2.04.100 of the municipal code. Any appeal
must be submitted in writing within ten days of the decision of the planning commission and be
accompanied by the payment of a fee as determined in the adopted fee schedule adopted by the city council.
(Ord. 714 § 5, 2012)
Chapter 9.08
DEFINITIONS
Sections:
9.08.010 Purpose and intent.
9.08.020 Definitions.
9.08.010 Purpose and intent.
A. For the purposes of this title,certain words and terms used herein are defined in this chapter.
B. When not inconsistent with the context, words used in the present tense include the future tense; words
in the singular number include the plural number and words in the plural number include the singular
number. The masculine gender includes the feminine and neuter genders. The word "shall" is always
mandatory and not merely directory. The word"may"is permissive.
(Ord. 80 Art. III(A), 1984)
9.08.020 Definitions.
"Abandoned" means the discontinuance of a use for a period of at least ninety days, wherein the
discontinuance includes such overt acts as the removal from the site and/or building(s) of equipment and/or
personnel that are integral to the conduct of the use, or the failure to notify the city of plans to continue the
same use of the property and the specific time frame for continuing with the use.
"Accessory building" means a subordinate building or a part of the main building on the same lot or
building site,the use of which is incidental to that of the main building, and which is used exclusively by the
occupants of the main building.
"Accessory use" means a use customarily incidental and accessory to the principal use of a lot or a
building located upon the same lot or building site.
"Aggrieved persons"means either the applicant or the city.
"Alley" means a public or private thoroughfare or way, permanently reserved and having a width of not
more than twenty feet,which affords only a secondary means of access to abutting property.
"Ancillary commercial" means incidental to and customarily associated with the specific principal use
that is located on the same lot or parcel.
"Animal clinic" means a place where animals or pets are given medical or surgical treatment and are
cared for during the time of such treatment. Use as a kennel shall be limited to short-time boarding and shall
be only incidental to such hospital use.
"Antenna" means any system of wires, poles, rods, reflecting dishes or similar devices, including any
support structure or improvements used for the transmission or reception of electromagnetic radiation waves
which system is external to or attached to the exterior of any building. An antenna includes amateur radio
antennas and satellite antennas.
Antenna, Commercial. "Commercial antenna" means any antenna used to receive and/or transmit radio
or television signals that are an integral and necessary component of a business requiring licensing by the
Public Utilities Commission.
Antenna, Noncommercial. "Noncommercial antenna" means any antenna used to receive and/or
transmit signals within the amateur radio assigned frequencies, as designated by the Federal
Communications Commission, or receive television signals from orbiting communications satellites for
nontransmission purposes.
"Antique and import stores" means stores that either specializes in merchandise that is from another
country or is antique in nature. Antique, for the purpose of this definition, shall mean resale goods, which
are not readily available to the general public.
"Antique or specialty vehicle sales/service"means the sale and service of vehicles, not limited by type,
that are either rare in nature or are not readily available to the general public. Rare means not frequently
encountered, scarce or unusual. Special features or superior quality shall characterize the vehicles referred to
under this definition.
"Apartment" means a room or suite of two or more rooms in a multiple dwelling, occupied or suitable
for occupancy as residence for one family.
"Apartment house" means a building or portion thereof designed for or occupied by two or more
families living independently of each other.
"Attached units"means separate residential or commercial units sharing one or more common walls but
with no common interior space.
"Auction" means the sale of new and used merchandise offered to bidders by an auctioneer for money
or other consideration.
Auto and Truck Sales, New. "New auto and truck sales" means a retail vehicle sales business that
includes all of the following characteristics:
1. The business has a manufacturer licensed new car dealership franchise; and
2. The business has an on-site manufacturer's certified service facility; and
3. The business that displays vehicles for sale (not including motorcycles, motor scooters, or any similar
two and three-wheeled vehicles), that can be operated without a special permit, on all public roads and
highways in the state.
"Automobile body and collision shop" means a retail and service place of business engaged in
automobile body and collision repair, including auto body painting,with all work conducted wholly within a
building.
"Automobile repair shop"means a retail and service place of business engaged primarily in automobile
repair and sale of goods, excluding automobile body and collision service,and tire rebuilding, recapping and
retreading, with all work conducted wholly within a building.
"Automobile service station" means a retail and service place of business engaged in the servicing of
motor vehicles, which may include sales and dispensing of motor fuels; oil change and lubrication; battery
charging and replacement; sale and service of tires, mufflers or brakes; smog testing; sale of automobile
goods in association with automobile repair; and car wash(with no steam equipment).
"Automobile storage space" means a permanently maintained space on the same lot or building site as
the use it is designed to serve, having an area of not less than one hundred sixty square feet with a minimum
width of eight feet for each stall and so located and arranged as to permit the storage of, and be readily
accessible to,a passenger automobile under its own power.
"Automobile wrecking"means the dismantling or wrecking of motor vehicles or trailers, or the storage,
sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts, outside of
an enclosed building, but not including the incidental storage of vehicles in connection with the operation of
a repair garage, providing the repair period of any one vehicle does not exceed sixty days, and not including
the active noncommercial repair of one personal motor vehicle within one hundred twenty day period.
"Basement" means a story partly underground and having at least one-half its height measured from its
floor to its finished ceiling,below the average adjoining grade. A basement shall be counted as a story if the
vertical distance from the average adjoining grade to its finished ceiling is over five feet.
"Bed and breakfast" means a single-family dwelling with one family in permanent residence and where
rooms without individual cooking facilities are rented for overnight lodging. This definition does not include
hotels and motels,which are defined separately; nor the rental of an entire residence for one week or longer.
"Bedroom" means, for purposes of determining required parking spaces, all rooms other than a living
room, kitchen, hall, pantry, closet or bathroom meeting the minimum requirements of the building code for
such a room.
"Boarding, rooming or lodging house" means a building where lodging and meals are provided for
compensation for six but not more than fifteen persons,not including rest homes.
"Building" means any structure that is completely roofed and enclosed on all sides which is built and
maintained for the support, shelter or enclosure of persons, animals,chattels,or property of any kind.
"Building height" means the vertical distance measured from the level of the finished building pad
grade covered by the building to the uppermost portion of the building, including roof structures. The height
of a segmented building constructed on multipads and/or terraced buildings is the maximum height of any
segment of the building.
"Building site" means the ground area of a building or buildings together with all open spaces adjacent
thereto,as required by this title.
"Building site coverage" means the area of the ground floor of any building as measured from the
exterior faces of all walls enclosing any area.
"Building setback lines" means the distance between the proposed building line and the highway line,
the permanent access easement located on the same lot,the lot line or the property line.
Building, Main. "Main building"means a building in which is conducted the principal use of the lot on
which it is situated. In any residential district, any dwelling shall be deemed to be the main building on the
lot on which the same is situated.
"Business or commerce" means the purchase, sale, or other transaction involving the handling or
disposition of any article, substance, or commodity for profit or livelihood, or the ownership or management
of office buildings, office, recreational or amusement enterprises, or the maintenance and use of offices by
professions and trades rendering services.
"Cannabis business" means any person engaged in commercial cannabis activity as defined in
California Business and Professions Code Section 26001.
"Cannabis Cultivation site" has the same meaning as that term is defined by Section 26001 of the
California Business and Professions Code.
"Cannabis Dispensary" means a cannabis business that engages in the retail sale and delivery of
cannabis or cannabis products to customers. A dispensary, as that term is used in this title, is a "retailer"
under the Medicinal and Adult-Use Cannabis Regulation and Safety Act (California Business and
Professions Code Section 26000 et seq.)
"Cannabis Distribution site" means a facility where cannabis and cannabis products are stored or
inspected by a licensed cannabis distributor for the purposes of distribution and transportation between
licensed cannabis businesses.
"Cannabis Testing laboratory" has the same meaning as that term is defined by Section 26001 of the
California Business and Professions Code.
"Carport"means a permanent roofed accessory structure with not more than two enclosed sides used or
intended to be used for automobile storage for the occupants of the premises.
"Carwash" means a lot or portion of a lot used for the washing, cleaning, waxing, detailing of motor
vehicles, including functions similar to vehicle cleaning. The various types of carwashes are:
1. Carwash, Coin Operated—Manual. A carwash wherein operating functions are performed manually by
the patron, including spraying of water, brushing, drying, vacuuming, with no patron assistance by an
owner-operator.
2. Carwash, Self-Serve. A carwash wherein operating functions are performed by automated equipment,
including spraying of water, brushing and drying, with limited or no assistance by an operator-owner,
wherein the vehicle operator remains inside the vehicle during the washing function, requiring no
manual labor.
3. Carwash, Full Service. A carwash wherein operating functions are performed entirely by an operator-
owner with the use of washing, waxing, drying equipment supplemented with manual detail by the
operator-owner.
"Church" means a permanently located building commonly used for religious worship, fully enclosed
with walls (including windows and doors), having a roof(canvas or fabric excluded) and conforming to
applicable legal requirements affecting design and construction.
"City"means the city of Cathedral City,California.
"Clinic" means a place used for the care, diagnosis and treatment of sick, ailing, infirm and injured
persons and those who are in need of medical or surgical attention, but who are not provided with board or
room,nor kept overnight on the premises.
"Club"means a nonprofit association for persons who are bona fide members,paying regular dues, and
are organized for some common purpose,but not including a group organized solely or primarily to render a
service customarily carried on as a commercial enterprise.
"Commission"means the Cathedral City planning commission.
"Compensation"means anything of value.
"Compost" means the product resulting from composting of plant debris for use in, or as, fertilizer or
mulch.
"Composting"means the process of converting plant debris for use as fertilizer or mulch.
"Composting facility" means a place where composting activities are conducted and where a plant
debris is accepted by donation,purchase, or after payment of a fee for the purpose of composting.
"Composting transfer station"means a place for the acceptance by donation, redemption, or purchase of
plant debris for transfer to an off-site facility for composting.
"Condo hotel" means a non-residential structure operated as a hotel, and with individual ownership of
each room or suite of rooms. Suites may have portions that"lock-off'for rental purposes. Lock-offs shall be
counted as separate units for parking purposes but shall be considered as part of the primary unit for
intensity calculations.
"Condominium" means an estate in real property consisting of an undivided interest in common with
other similar estate in a portion of a parcel of real property together with a separate interest in space in a
residential, industrial or commercial building on such real property such as an apartment, office or store. A
condominium may include,in addition,a separate interest in other portions of such real property.
"Condominium project" means a common interest development consisting of condominiums. A
condominium consists of an undivided interest in common in a portion of real property coupled with a
separate interest in space called a unit.The area within this unit may be filled with air, earth, or water,or any
combination thereof, and need not be physically attached to land except by easements for access and, if
necessary, support. An individual condominium within a condominium project may include, in addition, a
separate interest in other portions of the real property. A condominium project is further defined in
subsection(f)of Section 1351 of the State Civil Code.
"Convenience store" means a retail store that carries a range of merchandise oriented to convenience
and travelers' shopping needs, typically in smaller sizes than offered by a grocery store. Convenience stores
may be part of a service station or an independent facility.
"Cultivation site" has the same meaning as that term is defined by Section 26001 of the California
"Day-care center" has the same meaning as that term is defined by Section 1596.76 of the California
Health and Safety Code.
"Destroyed" means a structure or any other property improvement which is damaged or partially
destroyed by fire, flood, wind, earthquake or other calamity of nature, act of God, accident or intentional act,
to the extent that the cost of repairing, reconstructing or restoring the structure or improvement is greater
than fifty percent of the cost of replacing the entirety of the building. The term "cost of replacing"as used in
this definition means the costs as computed by the city planner or delegated representative. In making said
computation, said city official shall use those tables and figures provided in that publication entitled
"Building Standards" as published by the International Conference of Building Officials, and which issue is
current at the time of such computations. Said tables and figures shall apply to a building which would
conform to all the city and state regulations which are effective at the time of computation.
"Dispensary" means a cannabis business that engages in the retail sale and delivery of cannabis or
cannabis products to customers. A dispensary, as that term is used in this title, is a "retailer" under the
. _ ,
"Disposal service operations" means areas for the storage and maintenance of vehicles and equipment
used in the collection, transportation, and removal of trash, garbage and rubbish not including storage or
dumping of trash, garbage or rubbish.
businesses.
"Diversion facilities" means facilities devoted to composting, recycling or transfer of waste and/or
recyclable materials such that some portion of the source material is diverted from landfill disposal. Such
facilities shall include, but are not limited to, composting facilities, composting transfer stations, zero waste
facilities, recycling centers, recycling collection facilities (small), recycling collection facilities (large),
waste and recycling transfer stations.
"Division of land" means any land division as provided for pursuant to Cathedral City ordinances
relating to subdivisions.
"Dog kennels" means any lot or premises on which five or more dogs over four months of age are kept
or maintained for any purpose or reason.
1. "Commercial dog kennels"means any building, structure, enclosure, or premises whereupon, or within
which, five or more dogs are kept or maintained primarily for financial profit for the purpose of boarding,
breeding,training,marketing,hire or any other similar purpose.
2. "Noncommercial dog kennels" means any building, structure, enclosure, or premises whereupon, or
within which, five or more dogs over four months of age are kept or maintained, but not primarily for
financial profit.
"Drive-thru facility"means a drive-up, drive-to or drive-thru window in a building for the convenience
of a person in a vehicle to transact business, and includes the aisles and/or lanes for queuing including the
space necessary for a vehicle to locate in order for the driver to utilize the drive-up, drive-to or drive-thru
window.
"Dry cleaning agency" means a commercial use wherein the cleaning of clothes is incidental to a
laundry or cleaning pickup establishment, a launderette, or a coin-operated dry cleaning service, and where
nonvolatile materials are used in the process.
"Dwelling" means a building or portion thereof designed for, or occupied exclusively for, residential
purposes, including one-family, two-family, and multiple dwellings, but not including hotels, motels, condo
hotels,timeshares or bed and breakfasts.
Dwelling, Guest. "Guest dwelling" means living quarters within an accessory building for use
exclusively by temporary, nonpaying guests of the resident family, such quarters having no cooking or
plumbing facilities other than plumbing facilities for a bathroom.
Dwelling, Multiple-Family. "Multiple-family dwelling" means a building or buildings designed and
used for occupancy by three or more families, all living independently of each other and having separate
kitchen and toilet facilities for each family.
Dwelling, One-Family. "One:family dwelling" means a detached building designed primarily for the
use of a single family,no portion of which is rented or to be rented separately.
Dwelling, Second Unit or Accessory Dwelling Unit (ADU). "Second unit dwelling" or "accessory
dwelling unit"means a dwelling that meets the restrictions and requirements of Section 65852.2 of the Cali-
fornia Government Code, which includes a maximum area of one thousand two hundred square feet for a
detached second dwelling, or thirty percent of the existing living area for an attached second dwelling. Ac-
cessory dwelling units shall be allowed by-right in zones that allow for one-family or multiple-family dwell-
ings. Also see Chapter 9.114.
Dwelling, Junior Accessory Dwelling Unit or JADU. "Junior Accessory Dwelling Unit" or "Junior
Accessory Dwelling" means a residential unit that is not more than five hundred (500) square feet in size,
and contained entirely within an existing or proposed one-family dwelling and meets all of the requirements
of Section 65852.2 of the California Government Code. A Junior Accessory Dwelling Unit may include
separate sanitation facilities, or may share sanitation facilities with the existing or proposed one-family
dwelling. Also see Chapter 9.114.
Dwelling, Two-Family. "Two-family dwelling" means a building under one roof designed to be
occupied exclusively by two families, living independently of each other and having separate kitchen and
toilet facilities for each family.
"Dwelling unit" means one or more rooms together with a single kitchen in a single-family dwelling,
apartment house or hotel designed as a unit for occupancy by one family for living and sleeping purposes.
"Educational institutions"means schools,colleges, or universities, supported wholly or in part by public
funds, and other schools, colleges and universities giving general instructions, as determined by the
California State Board of Education.
"Elderly housing developments" means a professionally managed housing complex consisting of a
group of dwelling units and supporting common facilities designed and operated exclusively for the housing
of elderly citizens and their spouses.
"Emergency homeless shelter" has the same meaning as "emergency shelter" as defined in subdivision
(e) of Section 50801 of the California Health and Safety Code, as may be amended from time to time.
Emergency shelters are allowed subject to specific standards regarding security, lighting, parking, and
operation in accordance with California Government Code Section 65583 (a)(4).
"Employee Housing," pursuant to California Health and Safety Code, § 17000 et seq., is defined as
privately-owned housing that provides living quarters in connection with any work, whether or not the
payment of rent is involved. Employee housing shall be allowed by-right if for 6 or fewer residents; 7 or
more residents will be permitted consistent with similar dwelling types of the same size in the same zone.
"Erected" means and includes built, built upon, added to, altered, constructed, reconstructed, moved
upon or any physical operations on the land,required for a building.
"Family" means an individual or two or more persons related by blood or marriage, or a group of not
Ore than five perGon , excluding servants, who are not related by blood or marriage, living together as a
single housekeeping unit in a dwelling unit.
"Family day care home" means a home which regularly provides care, protection, and supervision of
twelve or fewer children, in the provider's own home, for periods of less than twenty-four hours per day,
while the parents or guardians are away,and includes the following:
1. "Large family day care home" means a home which provides family day care to seven to twelve
children, inclusive,including children who reside at the home,as defined in regulations.
2. "Small family day care home" means a home which provides family day care to six or fewer children,
including children who reside at the home,as defined in regulations.
"Fast-food restaurant" means any commercial establishment serving food or drinks, making provision
encouraging consumption of food or beverages at home or on other premises.
"Fence" means any structure or device forming a physical barrier which is so constructed that the
vertical surface prevents passage through said surface in a horizontal plane. Where a solid fence is specified,
one hundred percent of the vertical surface facing the yard being enclosed shall be solid, except for approved
gates or other access ways. Where a masonry fence is specified, said fence shall be concrete block, brick,
stone,or other masonry material, '• .. •: ... .. - .--. .
Where an open fence is specified, at least seventy-five (75)percent of that portion which is above three
feet in height shall consist of openings that provide visibility and allow the passage of light and air. All
other fences and walls are considered solid. at least fifty percent of the vertical surface is to be open. Open
vertical f at res
"Game arcade" means any place of business to which the public is admitted wherein six or more game
machines are maintained.
"Game machine" means any machine, device or apparatus which is used as a game or contest of any
description or for amusement, or which may be used for any such game or contest or for amusement and the
operation or use of which is permitted, controlled, or made possible by the deposit or placing of any coin,
plate, disc, slug, or key into any slot, crevice or other opening, or by the payment of any fee or fees in lieu
thereof, except a machine, device or apparatus used or offered for use, by children for rides, or as a hobby
horse or for the viewing of miniature cartoons or "kiddie theater" films in establishments or areas reserved
for the use of children under the age of fourteen years and their parents or guardians or by any person for
playing or rendering music or as a test of strength or endurance.
Garage, Private. "Private garage" means an accessory building or a main building or portion thereof,
used for the shelter or storage of self-propelled vehicles or other goods, owned or operated by the occupants
of a main building and wherein there is no service or storage for compensation.
Garage, Public. "Public garage" means any building, other than a private garage, used for the storage,
care or repair of motor vehicles and where any such vehicles are equipped for operation or kept for hire or
sale.
"General plan" means the general plan for the city, consisting of the general plan map and report as
adopted by the city council.
"Grocery store" means an establishment primarily engaged in retailing a general line of food products
such as canned and frozen food, fresh fruits and vegetables, and fresh and prepared meats, fish and poultry,
including specialty food stores except convenience stores.
"Gross area" means the horizontal area within the lot lines of a lot or parcel of land before public
streets,before easements or other areas to be dedicated or reserved for public use are deducted from such lot
or parcel.
"Group Home" is a home where a small number of unrelated people in need of care, support, or super-
vision can live together, such as those who are elderly or mentally ill. Group homes shall be allowed by-
right if for 6 or fewer residents, 7 or more residents will be permitted consistent with similar dwelling types
of the same size in the same zone.
"Halfway house" means a rehabilitation center for the treatment, counseling, rooming and boarding of
persons released from jail,prisons,hospitals and sanitariums.
"Home occupation"means those uses that are customarily conducted in a residence, provided such uses
must be incidental and secondary to the principal use of a dwelling as a residence.
"Hospital" means an institution for the diagnosis, care, and treatment of human illnesses other than
mental or alcoholic illnesses.
"Hotel" means a building or group of buildings designed for or occupied as a temporary living unit
where dining and assembly is available.
Hotel, Resort. "Resort hotel" means a hotel, including all accessory buildings as defined in this section
and having a building site or hotel grounds containing not less than fifty thousand square feet. Such hotel
may have accessory commercial uses operated primarily for the convenience of the guests thereof, provided
there is no street entrance directly to such commercial uses, and further provided such commercial uses shall
not occupy more than twenty percent of the ground floor area of such hotel building.
"Junk, wrecking, dismantling and salvage yards" means the use of two hundred or more square feet of
any lot or parcel of land for outside storage, wrecking, dismantling or salvage of any used or secondhand
materials, including, but not limited to, lumber, auto parts, household appliances, pipe, drums, machinery or
furniture. A proposed or intended use by the owner of the used or secondhand materials does not constitute
an exception to this definition. The outside storage of used or secondhand materials in an area less than two
hundred square feet is permitted only on the rear half of a lot or parcel.
"Kitchen" means any room in a building or dwelling unit which is used for cooking or preparation of
food.
"Landscaping" means the planting of suitable plant materials or a combination of plant materials with
minimum areas of paving,gravel, or otherwise dust-free materials including an adequate irrigation system.
"Launderette" means a business premises equipped with individual clothes washing and drying
machines either coin-operated or attendant operated for the use of retail customers, exclusive of laundry
facilities provided as an accessory use in an apartment house or apartment hotel.
"Laundry" means a building where clothing and fabrics are commercially washed, other than a
launderette.A laundry is deemed to be an industrial use.
"Line of sight" means a visual path emanating from an average eye level. Such level is five feet above
the ground level.
"Live/work unit" means an integrated housing unit and working space, in which the living quarters are
the primary use and the work component is secondary. The unit is occupied by a single housekeeping unit in
a structure that has been designed or structurally modified to accommodate joint residential occupancy and
work activity.
"Loading space"means an off-street space or berth on the same lot with a main building, or contiguous
to a group of buildings, for the temporary parking of a group of commercial vehicles, while loading or
unloading,and which has access from a street,alley,or other permanent means of ingress or egress.
"Local street" means a low-speed, low-volume highway primarily for access to residential, business,
and other abutting property. A local street has parking and a significant amount of parallel and perpendicular
pedestrian traffic.
"Lodging facility" means any facility having a room, rooms or a segment of a building allotted for
periodic use or occupancy periods, usually not exceeding thirty days, as in a hotel, motel, condo hotel, bed
and breakfast or timeshare.
"Lot" means any numbered or lettered parcel shown on a recorded tract map, a record of survey
recorded pursuant to an approved division of land, or a parcel map.
Lot, Corner. "Corner lot"means a lot located at the intersection or interception of two or more streets at
an angle of not more than one hundred thirty-five degrees, which lot shall be considered a corner lot. If
greater than one hundred thirty-five degrees,the lot shall be considered an exterior lot.
Lot, Flag. "Flag lot" means a lot so shaped and designed that the main building site area is set back
from the street on which it fronts and includes an access strip not less than twenty feet in width at any point
connecting the main building site area to the frontage street. The area within the access strip shall not be
considered in calculating the area of the lot. For purposes of setback calculations, the front yard of the lot
shall be the narrowest property line dimension nearest the access drive.
Lot, Interior. "Interior lot"means a lot other than a corner or reverse corner lot.
Lot, Key. "Key lot"means the first lot to the rear of a reverse corner lot and not separated by an alley.
Lot, Reverse Corner. "Reverse corner lot" means a corner lot, the side line of which is substantially a
continuation of the front lot lines of the lot to its rear,whether across an alley or not.
Lot, Through. "Through lot" means a lot having frontage on two dedicated parallel or approximately
parallel streets.
"Lot depth" means the average horizontal distance between the front and rear lot lines measured in the
mean direction of the side lot lines.
"Lot line" means any line bounding a lot as defined in this section. "Property line" means the same as
"lot line."
Lot Line, Front. "Front lot line," means, on an interior lot, the property line abutting the street. On a
corner or reverse corner lot, the front lot line is the shorter property line abutting a street, except in those
cases where the subdivision or parcel map specified another line as the front lot line. On a through lot or a
lot with three or more sides abutting a street or a corner or reverse corner lot with lot lines of equal length,
the city planner shall determine which property line shall be the front lot line for the purposes of compliance
with yard and setback provisions of this title. On a private street or easement, the front lot line shall be
designed as the edge of the easement.
Lot Line, Interior. "Interior lot line"means a lot line not abutting a street.
Lot Line, Rear. "Rear lot line" means a lot line not abutting a street, which is opposite and most distant
from the front lot line; in the case of an irregularly shaped lot, a line within the lot, having a length of not
less than ten feet.A lot which is bounded on all sides by streets may have no rear lot lines.
Lot Line, Side. "Side lot line"means any lot line not a front lot line or rear lot line.
"Lot width" means the horizontal distance between the side lot lines, measured at right angles to the lot
depth at a point midway between the front and rear lot lines.
"Low Barrier Navigation Center" means a Housing First, low-barrier, service-enriched shelter focused
on helping individuals into permanent housing accommodations as defined in Section 65660 (a) of the Cali-
fornia Government Code, and which provides temporary living facilities while case managers connect indi-
viduals experiencing homelessness to jobs, public benefits,health services, shelter, and housing. Low barrier
navigation centers shall be allowed in nonresidential and multifamily residential zones.
"Manufactured home"refers to a factory-built home that can be placed on a piece of land. These homes
are permitted on lots zoned for one-family dwellings and are subject to the same development standards as
one-family dwellings, with the exception of architectural requirements for roof overhangs; roofing material;
and siding material (Gov. Code, $ 65852.3, subd. (a)). However, any architectural requirements for roofing
and siding material shall not exceed those which would be required of conventional one-family dwellings
constructed on the same lot(Gov. Code, § 65852.3, subd. (a)).
"Manufacturing site" means a premises where a licensed cannabis manufacturer engages in the
manufacture of cannabis products.
"Mobile home park" means an area or tract of land where two or more mobile home lots are rented or
leased or held out for rent or lease to accommodate manufactured homes or mobile homes used for human
habitation. The rental paid for any such home shall be deemed to include rental for the lot it occupies. This
definition will be deemed to include any revisions incorporated into Section 18214 of the California Health
and Safety Code.
Notwithstanding the foregoing definition, any person, not including a mobile home park operator, who
owns a mobile home and owns, rents or leases the land upon which the mobile home is located, is permitted
to rent, lease, sublease, let out, or hire out for occupancy the mobile home and the land upon which the
mobile home is located,without obtaining a permit to construct or operate a mobile home park.
"Model home"means a dwelling or residential building having all of the following characteristics:
1. The dwelling is constructed upon a proposed lot previously designated as a model home site in a
subdivision for which there is an approved tentative map, and for which a final map has not been
recorded.
2. The dwelling is intended to be temporarily utilized as an example of the dwellings which have been
built or which are proposed to be built in the same subdivision.
"Motel" means a building or group of buildings designed for or occupied as a temporary living unit of
individuals who are lodged without meals, and in which no provision is made for cooking in any individual
room.
"Motor vehicle"means a self-propelled device used or intended to be used for the transportation of
freight or passengers upon a street or highway, excepting a device moved by human power or a device used
exclusively upon stationary rails or tracks.
Movie Theaters, First-Run. "First-run movie theaters" means movie theaters which predominately run
movies released within sixty days.
"Net area" means the total horizontal area within the property lines of a lot or parcel of land exclusive
of all rights-of-way and all easements that physically prohibit the surface use of a portion of the property.
"Nonconforming building" means a building which was legal when established, but which because of
the adoption or amendment of this title conflicts with the provisions of this title applicable to the district in
which such building is situated.
"Nonconforming improvement" means an improvement to a property which was legal when
established, but which because of the adoption or amendment of this title conflicts with any provisions of
this title.
"Nonconforming structure" means a structure, as defined by the Uniform Building Code and including
buildings, which was legal when established, but which because of the adoption or amendment of this title
conflicts with any provisions of this title.
"Nonconforming use"means the use of a building or land which was legal when established,but which
does not conform to subsequently established zoning or any zoning regulation, and which conflicts with the
provisions of this title applicable to the district in which such use is located.
Occupancy, Change of. "Change of occupancy" means a discontinuance of an existing business type or
use and substitution thereof of a business type or use of a different kind or class.
"Occupational activities" means those uses that are customarily conducted in a residence as office, or
artist studio work activities, where customers can have direct access to the residence, provided such uses
must be incidental and secondary to the principal use of a dwelling as a residence.
"Occupational" means and includes: used, arranged, converted to, rented, leased, or intended to be
occupied.
"Open-air kiosk" means a small structure that is open to the elements on one or more sides. Open-air
kiosks may be used to retail goods such as newspapers, fruits and vegetables,jewelry or flowers.
"Open space" means any part of a lot or project, as defined in this section, unobstructed from the
ground upward.
"Outdoor advertising"means any notice or advertisement,pictorial or otherwise, and all such structures
used as an outdoor display, regardless of size or shape, for the purposes of advertising property or any
establishment or enterprise,including goods and services, which are not located on the same property as said
advertising structure.
"Outdoor advertising display"means any outdoor advertising structure or outdoor advertising sign used
for advertising purposes, that advertise products or services that are not produced, stored, or sold on the
property upon which the sign is located. An outdoor advertising display may be commonly known or
referred to as an"off-site"or an"off-premises"billboard.
"Outdoor advertising structure or billboard" means any structure of any kind or character erected or
maintained for outdoor advertising purposes, upon which any poster, bill, printing, painting or other
advertisement of any kind whatsoever may be placed, including statuary, for advertising purposes. "Outdoor
advertising structure or billboard" shall not include(1)official notices issued by any court or public body or
officer; (2) notices posted by any public officer in performance of a public duty or by any person in giving
legal notice; (3) directional, warning or information structures required by or authorized by law or by
federal, state or county authority; or (4) a structure erected near the city's boundary, which contains the
name of the city of Cathedral City and the names of, or any information regarding, civic, fraternal or
religious organizations located therein.
"Park trailer,"as defined in subsection(b)of Section 18010 of the California Health and Safety Code, is
a unit designed for human habitation for recreational or seasonal use only, which meets all of the following
criteria:
1. It contains four hundred square feet or less of gross floor area measured at the maximum horizontal
projections. However, it may not exceed twelve feet in width or forty feet in length when in place;
2. It is built on a single chassis;
3. It may only be transported upon the public highways with a permit;
4. It is constructed in accordance with Standard No. Al 19.5 of the American National Standards Institute,
as it may be changed by the regulations of the State Department of Housing and Community
Development.
Parking Area, Covered. "Covered parking area" means any garage, carport, parking structure, parking
basement, or accessory building used for the parking of any vehicle.
Parking Area, Public. "Public parking area" means an open area, other than a public Street or private
parking area,used for the parking of five or more automobiles.
Parking Area,Residential. "Residential parking area"means an area on a lot designed for the parking of
vehicles owned by the residents of the lot.
"Person" means and includes association, company, firm, corporation, partnership, copartnership or
joint venture.
"Person with disability" means any person who has a physical or mental impairment that limits one or
more major life activities; anyone who is regarded as having such impairment; or anyone who has a record
of such impairment or otherwise qualifies as disabled or handicapped under the Fair Housing Amendments
Act of 1988 or the California Fair Employment and Housing Act. Includes the plural, "people with
disabilities."
"Place of public assembly" means any place designed for or used for congregation or gathering of
twenty or more persons in one room where such gathering is of a public nature; assembly hall, church,
auditorium, recreational hall, pavilion, place of amusement, dance hall, opera house, motion picture theater,
outdoor theater or other theater,are included within this term.
"Planned commercial development"means a development that may be permitted to have reduced width,
depth and building setback requirements, and have common access and common parking, provided a
planned development land division is approved pursuant to the provisions of this title.
"Planned industrial development"means a development that may be permitted to have reduced lot area,
width, depth and building setback requirements, and have common access and common parking, provided a
planned development land division is approved pursuant to the provisions of this title.
"Planned residential development" means a residential development including, but not limited to,
statutory and nonstatutory condominiums, cluster housing, townhouses and community apartments, that is
permitted reduced lot area, width and depth requirements and building setback requirements, by integrating
into the overall development open space and outdoor recreational facilities, and which may include
recreation and public assembly buildings intended primarily for the use of residents of the project, within the
development.
"Planned unit development" (PUD) means a project improved in accordance with a comprehensive
development plan in which owners of separately owned lots are owners in common, possessing appurtenant
rights to the beneficial use and enjoyment of the commonly owned property, further defined as a planned
development in subsection(k)of Section 1351 of the State Civil Code.
"Private recreation facility" means a facility specifically designed for outdoor active recreational
purposes, such as golf, tennis, fields and courts for ball sports, equestrians, polo, etc. Not included are
commercial recreation facilities such as miniature golf,batting cages, skating rinks, etc. Further not included
are residential recreation facilities such as swimming pools,basketball hoops, etc.
"Property line" means the same as "lot line" and means any line bounding a lot as defined in this
section.
"Public utilities service yard" means an area for the storage of public utility vehicles and materials and
office facilities for the installation,maintenance and construction personnel.
"Public service facility" means any utility-related facility or installation by any public entity, including
special districts,to the extent allowed by Government Code Section 53091.
"Recreational facilities" means activities include sports performed indoors which require a facility for
conducting the recreational activity, such as health clubs, exercise studios or classes, swimming centers,
skating rinks,bowling alleys, or raquetclub courts.
"Recreational vehicle" means, as defined by Section 18010 of the California Health and Safety Code, a
motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for
human habitation for recreational or emergency occupancy,which meets all of the following criteria:
1. It contains less than three hundred twenty square feet of internal living room area, excluding built-in
equipment, including, but not limited to, wardrobe, closets, cabinets, kitchen units or fixtures, and bath
or toilet rooms;
2. It shall not exceed eight feet in width as measured at maximum horizontal projections, with the
exception of one slide-out not exceeding twenty square feet in area;
3. It is built on a single chassis;
4. It is either self-propelled,truck-mounted,or permanently towable on the highways without a permit;
5. It is constructed in accordance with Standard No. A119.2 of the American National Standards Institute,
as may be changed by the regulations of the State Department of Housing and Community
Development.
For the purposes of this definition, the term "park trailer" as contained in the state definitions is
specifically omitted.
"Recreational vehicle campground" means an area or tract of land or portion of a recreational vehicle
park where one or more campsites are rented to visitors or tourists who will reside at the campground in
recreational vehicles (not including park trailers), or tents. A tent for the purpose of this definition is any
enclosed shelter fabricated entirely or in major part of cloth,canvas,or similar flexible material.
"Recreational vehicle lot" means that part of a recreational vehicle park for the exclusive use of the
occupants of a recreational vehicle.The recreational vehicle lot shall include the exclusive adjoining parking
space and the required open space around the recreational vehicle. An RV lot may be rented, leased or, if
permitted herein, purchased as a separate parcel of land. Except as otherwise expressly noted within the
regulations of this title,the definition of a recreational vehicle lot includes park trailer lot.
"Recreational vehicle park" means a recreational development containing active recreational amenities
and lots for the parking of recreational vehicles, and park trailers where specifically permitted, as temporary
residences.For the purpose of this title,recreational vehicle parks are further defined as either:
1. Rental parks, where the recreational vehicle park is owned by a single owner or organization and all
alenda
2. Ownership/membership parks, where the recreational vehicle lots are owned by individuals, but the
park itself and the amenities, including common areas, are maintained by a homeowner association or
other organization in which all recreational vehicle owners must maintain membership, or in which the
individual lots are owned by an overall membership organization, of which individual recreational
vehicle owners are members, •.-. •• _• _. •• . • - •- . . - •. ._ . . . . ----
3.
-.3. Extended occupancy parks, where the recreational vehicle lots are owned by individuals, but the park
itself and the amenities, including common areas, are maintained by a homeowner association or other
organization in which all recreational vehicle owners must maintain membership, or in which the
individual lots are owned by an overall membership organization, of which individual recreational
vehicle owners are members, •.-. •• . • ' _. •• . • - - . . - •. ._ . .•-. . . •..
All existing recreational parks, mobile home parks, trailer courts and other uses containing recreational
vehicle spaces for rent, lease or sale not meeting these definitions are considered nonconforming for the
purpose of this title.
"Recyclable material" means reusable material including, but not limited to, metals, glass, plastic, and
paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered
form. "Recyclable material"does not include refuse or hazardous materials.
"Recycling center" means a place for the processing of recyclable materials, and may also include
collection facilities, which are certified by the California Department of Conservation as meeting the
requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986.
"Recycling collection facility (large)" means a place of more than five hundred square feet for the
acceptance by donation,redemption, or purchase of recyclable materials from the public.
"Recycling collection facility (small)" means a place of five hundred square feet or less for the
acceptance by donation,redemption or purchase, of recyclable materials from the public.
"Religious institution" means a permanently located building commonly used for religious worship
fully enclosed with wall, including windows and doors, and having a roof canvas or fabric excluded and
conforming to applicable legal requirements affecting design and construction.
"Rental unit"means a room and bath and kitchen as a separate unit.
"Research and development services"means activities typically including research, design,analysis and
development, and/or testing of a product.Uses typically include testing laboratories,acoustical chambers,
wind tunnels,and computer services. Such uses do not promote odors,noise,vibration or particulates,which
would adversely affect uses in the same structure or on the same site.
"Residence"means a building used, designed or intended to be used as a home or dwelling place for
one or more families.
"Restaurant" is a comprehensive term meaning an eating establishment,providing services to a general
public. The term "restaurant"is more fully defined in Section 28522 of the California Health and Safety
Code. Some types of establishments included within the term"restaurant"are cafés,cafeterias,coffee
houses,coffee shops,dinner houses,drive-in or drive-thru restaurants, fast-food service establishments,
fountain lunches, lunch rooms,pancake houses, sandwiches shops,tea rooms,and waffle houses.
"Retail store—new" means any business that sells new goods, wares and merchandise directly to the
ultimate consumers from a permanent structure whose sole purpose is the operation of said business. For the
purpose of this defmition, permanent structure means any structure requiring a building permit that is
anchored to a solid foundation.
"Retail store—used" means any business that sells any percentage of non-new goods, wares, and/or
merchandise directly to the ultimate consumers from a permanent structure whose sole purpose is the
operation of said business. For the purpose of this definition, permanent structure means any structure
requiring a building permit that is anchored to a solid foundation. This definition applies to retailers of
consignment goods, antiques, second-hand stores, used furniture or appliances, pawnbrokers, or any other
use that is determined to be similar in nature by the : • • . .. - . - : city planner. This
definition does not include uses such as automobile wrecking yards, recycling centers, or any other business
not normally defined as a new goods retailer. In commercial zones requiring a conditional use permit, the
use must justify that it will not contribute to the decay or deterioration of the business, social or economic
environment in the area by its usage of displays, signage, name, the manner in which business is conducted,
or any other feature of the business that is visible from the exterior of the building in which it is housed. All
such businesses shall conform to all required conditions of approval as to assure the legitimate operation of
said business. The applicant shall be required to provide personal information to the city and keep records of
merchandise so that the city can be assured that only legitimate, legal goods are being sold. This requirement
does not preclude any state or federal regulations.
School, Private. "Private school" means an institution conducting regular academic instruction at
kindergarten,elementary, secondary and college levels, operated by a nongovernmental organization.
School,Public. "Public school"means a school operated by a governmental organization.
"Senior housing developments" means a housing complex, which may or may not be professionally
managed, consisting of a group of dwelling units and supporting common facilities designed and operated
exclusively for the housing of senior citizens and their spouses.
"Senior/elderly citizen."For the purpose of this title, a"senior citizen" is an individual at least fifty-five
years of age. An"elderly citizen"is an individual sixty-two years of age or older.
"Service station"means the same as"automobile service station."
Setback Line, Front Yard. "Front yard setback line" means the line which defines the depth of the
required front yard. Said setback line shall be parallel with the street line or the line established by the
general plan or setback regulation and be removed therefrom by the perpendicular distance prescribed for
the front yard area.
Setback Line, Rear Yard or Side Yard. "Rear yard or side yard setback" means the line which defines
the width or depth of the required rear or side yard. Said setback line shall be parallel with the property line
and removed therefrom by the perpendicular distance prescribed for the yard and the zone. If the side or rear
yard abuts the street the distance shall be measured as set forth under setback line front yard.
"Shopping center" means a group of at least three businesses, within a building or buildings with a
gross floor area of eight thousand square feet or more, which function as an integral unit with common
parking and access.
"Short-term vacation rental"or"STVR"means any privately owned qualifying residential dwelling unit
or portion thereof, rented for occupancy, dwelling, lodging, or sleeping purposes for a period of thirty
consecutive calendar days or less, counting portions of calendar days as full use days. An STVR shall not be
and is not permitted for use in any disqualified space. An STVR does not include the use of a lodging
facility,hotel,motel or a timeshare subject to Chapter 9.92 of this code.
"Sign."The definition of sign is as set forth in the sign regulations(Chapter 9.62).
"Single room occupancy (SRO) facility" means a structure consisting of six or more units, each of
which is designed for occupancy by no more than two persons,which also has bathing facilities,that may or
may not have partial kitchen facilities, and which is occupied as a primary residence by its occupants. The
definition of SRO does not include employee housing, emergency shelters, residential care homes, elderly
housing developments, rooming and boarding houses, hotels and motels, bed and breakfast lodging,
extended care facilities or hospitals.
"Site plan" means a plan prepared to scale showing accurately and with complete mentioning all of the
buildings, structures and uses and the exact manner of development proposed for a specific parcel of land.
"Site plan review" means the review of a site plan, other studies to assist in determining the manner in
which the applicant intends to make use of his property.
"Speculative building" means a building constructed for sale/lease purposes only with no intention of
the builder/developer to immediately occupy or use the building for their own purposes.
Stable, Commercial. "Commercial stable" means a stable for horses which are let, hired, used or
boarded on a commercial basis and for compensation.
"Stand-alone parking lot" means a parking lot that is not approved or constructed as part of a larger
development project.
Storage Container, Commercial. "Commercial storage container" (also known as a shipping container),
is a metal container usually rectangular in shape and usually used by shipping and transportation companies
as a convenient container within which products are transported is expressly prohibited by this definition to
be used for the retail exhibition of products or to be used as a work space for employees.
"Story" means that portion of a building included between the surface of any floor and the surface of
the floor next above it or the finished under surface of the roof directly over that particular floor.
"Street" means a public or an approved private thoroughfare or road easement which affords the
principal means of access to abutting property,but not including an alley.
"Street line"means the boundary line between a street and abutting property.
"Structural alteration" means any change in or alteration to the structure of a building involving the
bearing wall, column, beam or ceiling joist, roof rafters, roof diaphragms, foundations, tiles, retaining walls
or similar components.
"Structure" means a mobile home or anything constructed or erected and the edifice or building of any
kind or any piece of work artificially built up or composed with parts joined together in some definite
manner which requires location on or in the ground or is attached to something at the location on or in the
ground except swimming, wading pools, patios, paved areas, walks, tennis courts, and similar recreational
areas.
Structure,Accessory. "Accessory structure"means a detached subordinate structure located on the same
site with the main structure or the main use of the land,or attached structure open on three sides or more.
Structure, Main. "Main structure" means a structure housing a principal use of a site or functioning as
the principal use on a site.
Structure, Temporary. "Temporary structure" means a structure which is readily movable and used or
intended to be used for a period not to exceed ninety consecutive days. Such structure shall be subject to all
applicable property development standards for the zone in which it is located.
"Supportive housing"has the same meaning as defined in subdivision(b)(2) of Section 50675.14 of the
California Health and Safety Code, as may be amended from time to time.
"Swap meet (non-vendor specific merchandising)" means a use where stalls or designated areas either
within an enclosed building or an open area are established for the use by more than five independent
vendors offering goods or materials for sale or exchange. The term swap meet also includes farmer's market,
street fair,public fair,art exhibits, seller's market,and other terms commonly used for such activities.
Swap Meet, Permanent. "Permanent swap meet" means a swap meet located, or to be located, at the
same site for more than ninety consecutive calendar days, or for more than one hundred twenty calendar
days in any twelve-month period, or on routinely scheduled day(s) of the week or month for one year or
more.
Swap Meet, Temporary. "Temporary swap meet" means a swap meet not meeting the criteria of a
permanent swap meet.
" - .. .e ..
' ' -
"Trail bike park" means an open area used by trail bikes, or motorcycles, for purposes such as, but not
limited to, hill climbing,trail riding, scrambling,racing and riding exhibitions.
"Transitional housing" has the same meaning as defined in subdivision (h) of Section 50675.2 of the
California Health and Safety Code, as may be amended from time to time.
"Travel trailer park" means an area or tract of land that was established prior to city incorporation
(November 16, 1981) as a place for the renting or leasing of space for the placement of travel trailers,
recreational vehicles, mobile homes and other similar dwelling units. For the purpose of this title, a travel
trailer park is not a mobile home park or a recreational vehicle park.
"Use" means the purpose for which land or a building is arranged, designed, or intended, or for which
either is or may be occupied or maintained.
"Used"means and includes occupied,arranged, designed for or intended to be used.
"Vehicle wrecking yard"means a site or portion of a site on which the dismantling or wrecking of used
vehicles occurs, whether self-propelled or not. An area where the storage, sale or dumping of the metal of
wrecked vehicles or their parts is conducted. The presence on a site of two or more motor vehicles which
have not been capable of operating under their own power for thirty days or more or in the case that vehicles
not self-propelled which have not been towable or from which parts have been removed for re-use or sale
shall constitute prima facie evidence of a vehicle wrecking yard.
"Warehouse"means a building or buildings used for storage of goods of any type when such building or
buildings contain more than five hundred square feet of storage space and where no retail operation is
conducted.
"Yard"means an open and unoccupied space on a lot on which a building is situated and, except where
otherwise provided in this ordinance, open and unobstructed from the ground to the sky.
Yard, Front. "Front yard"means a yard extending across the full width of the lot and lying between the
front lot line and a line parallel thereto, and having a distance between them equal to the required front yard
depth as prescribed in each zone. Front yards shall be measured by a line at right angles to the front lot line,
or by the radial line in the case of a curved front lot line. When a lot lies partially within a planned street
indicated on a specific plan for such a street, and where such planned street is of the type that will afford
legal access to such lot, the depth of the front yard shall be measured from the contiguous edge of such
planned street in the manner prescribed in this definition.
Yard, Rear. "Rear yard"means a yard extending across the full width of the lot,the depth of which yard
shall be the minimum required distance as prescribed in each zone as measured from the rear lot line toward
the front lot line.
Yard, Side. "Side yard"means a yard extending the depth of the lot and lying between the side property
line and the front and rear yards, containing a width prescribed in each zone. In the case of corner lots, the
street side yard shall extend to the rear lot line.
"Zone"means a zoning district as defined in the planning and zoning law of the state and shown on the
official zoning map of the city.
"Zone map" means the official zoning map of the city, which is a part of this title and which is referred
to in Section 9.02.030.
"Zoning ordinance" or"ordinance" means the Cathedral City zoning ordinance codified in this title, of
which this section is a part. (Ord. 801 § 1, 2017; Ord. 789 § 2, 2017; Ord. 777 § 2,2016; Ord. 774 § 2,2016;
Ord. 699 § 4, 2011; Ord. 697 § 1, 2010; Ord. 685 § 1, 2009; Ord. 666 § 1, 2008; Ord. 607 § 1, 2005; Ord.
565 § 3, 2002; Ord. 561 § 1, 2002; Ord. 554 §, 2001; Ord. 537 § 1, 2000; Ord. 530 § 3, 2000; Ord. 529 § 3,
2000; Ord. 502 § 1, 1999; Ord. 495 § 2, 1998; Ord. 489 § 1, 1998; Ord. 482 § 2, 1998; Ord. 470 §§ 5, 10,
14, 1998; Ord. 386 § 3, 1993; Ord. 327 § 2, 1991; Ord. 324 §§ 2, 3, 1991; Ord. 304 § 2, 1990; Ord. 294 § 2,
1990; Ord. 266 § 2, 1989; Ord. 263 § 3, 1989; Ord. 262 § 1, 1989; Ord. 256 § 1, 1989; Ord. 247 § 1, 1989;
Ord. 244 § 1, 1989; Ord. 241 §§ 1, 2, 1989; Ord. 227 § 1, 1988; Ord. 187 §§ 4-7, 1987; Ord. 145 §§ 2, 3,
1986; Ord. 140 § 2, 1986; Ord. 80 Art. 111(B), 1984)
Division H.District Regulations
Chapter 9.10
ZONING DISTRICTS ESTABLISHED
Section:
9.10.010 Established.
9.10.010 Established.
A. In order to classify, regulate, restrict and segregate the uses of land and buildings, to regulate and
restrict the height and bulk of buildings, to regulate the area of yards and other open spaces about
buildings, and to regulate the density of population, seventeen nineteen classes of zoning districts are
established by this title to be known as follows:
RE Residential Estate
R1 Single-Family Residential
R2 Multiple-Family Residential
RM Multiple-Family Residential
R3 Multiple-1Family Residential
R414 Multiple-Family Residential
RR Resort Residential
DRN Downtown Residential Neighborhood
PPO Planned Professional Office
PLC Planned Limited Commercial
PCC Planned Community Commercial
MXC Mixed Use Commercial
CTR Commercial Tourist and Recreation
CBP1
CBP-2 Commercial Business Park
NBP Neighborhood Business Park(Transition)
I-1 Light Industrial
OS Open Space
OS-R Open Spaced Residential
B
B- Bon,,G Density Overlay
S Specific Plan Overlay
H Hillside Review Overlay
LH Limited Height Overlay
P/IH Public/Institutional Housing Overla
HOHome n,,..,o.�t,:..
B. The permitted uses in each district are exclusive to that district unless explicitly allowed in another
zoning district or as may be determined by the planning commission pursuant to authority granted by
this title. If the use is not specifically listed as a permitted or conditional use,the use is prohibited.
(Ord. 263 § 4, 1989; Ord. 80 Art. IV, 1984)
Chapter 9.12
RE RESIDENTIAL ESTATE DISTRICT*
Sections:
9.12.010 Purpose and intent.
9.12.020 Permitted uses.
9.12.030 Conditional uses.
9.12.040 Prohibited uses.
9.12.050 Density.
9.12.060 Lot dimensions.
9.12.070 Yard requirements.
9.12.080 Coverage and building height.
9.12.090 Parking.
9.12.100 Access to parking(driveways).
9.12.110 Fencing.
9.12.120 Patios.
9.12.130 Landscaping.
9.12.140 Dwelling unit size.
* Prior ordinance history:Ords.80,128 and 212.
9.12.010 Purpose and intent.
To provide for appropriately located high quality family residential areas with very low densities,
retention of open and natural areas and reduction of grading.
(Ord. 256 § 2, 1989)
9.12.020 Permitted uses.
Home occupations;
Large family day care homes;
One one-family dwelling per legal lot;
Small family day care homes;
Supportive housing;
Transitional housing-
Employee Housing;
Second Dwelling Unit/Accessory Dwelling Unit;
Junior Accessory Dwelling Unit;
Group Home.
(Ord. 731 § 2, 2014; Ord. 293 § 3, 1990; Ord. 256 § 2, 1989)
9.12.030 Conditional uses.
The following uses may be permitted subject to a conditional use permit:
^;* zg;
Guest home, provided the unit does not exceed six hundred square feet in area and has at least one
covered parking space in addition to the required space for the main residence;
Large family day care homes;
Planned unit developments;
Private recreational facilities and ancillary commercial use;
Public parks and recreation facilities;
Public utility structures and public service facilities; however transmission lines serving only the
immediate area are permitted without a conditional use permit;
Schools,either public or private,but not including art,business or trade schools.
(Ord. 324 § 4, 1991; Ord. 262 § 2, 1989; Ord. 256 § 2, 1989)
9.12.040 Prohibited uses.
Uses not listed in this chapter are expressly prohibited. No land shall be used nor buildings and
structures hereafter be erected, altered, enlarged, or otherwise modified in this zoning district unless said use
and improvement is in compliance with the district provisions.
(Ord. 256 § 2, 1989)
9.12.050 Density.
The density in any subdivision of land shall not exceed one lot per each gross acre of land in the project.
(Ord. 256 § 2, 1989)
9.12.060 Lot dimensions.
All newly-created lots shall meet the following minimum net dimensions:
A. Area: forty thousand square feet;
B. Depth: two hundred feet;
C. Width: one hundred feet along a dedicated street frontage property line; however,if it is found that the
frontage of the lot must be narrowed because of street design or topographical constraints,the minimum
lot width at the street frontage property line shall be fifty feet.
(Ord. 256 § 2, 1989)
9.12.070 Yard requirements.
All newly-developed lots shall have the following minimum yard dimensions:
A. Front yard: thirty feet. However, garages can be placed in the front yard up to ten feet from the property
line with side access or twenty feet with perpendicular access if the planning commission finds that
such design is necessary to reduce grading on the lot.
B. Side yards: fifteen feet each.
C. Rear yard: fifty feet.
(Ord. 256 § 2, 1989)
9.12.080 Coverage and building height.
A. Maximum building coverage shall be twenty-five percent of net lot area;
B. Building heights shall not exceed twenty-six feet.
(Ord. 256 § 2, 1989)
9.12.090 Parking.
All dwellings shall have parking as follows:
A. Main dwelling: two car parking spaces within a garage.
BC. Location of parking: no vehicles shall be parked in any area except within the garage, improved
driveway,or improved accessory parking spaces.
CD.Maximum parking spaces: the maximum number of parking spaces per lot shall not exceed four covered
spaces (two hundred square feet each) and open parking not greater than one thousand square feet
excluding driveways. Additional covered parking in lieu of said open parking may be permitted by
administrative design review provided all other applicable district standards can be met.
(Ord. 307 § 2, 1990; Ord. 256 § 2, 1989)
9.12.100 Access to parking(driveways).
All parking spaces and structures shall be served by a driveway that meets the following standards:
A. Minimum width of driveway: sixteen feet;
B. Driveways shall be constructed of Portland cement concrete; and
C. Driveways shall not cover more than thirty percent of the required front or street side yard area.
(Ord. 256 § 2, 1989)
9.12.110 Fencing.
None required.
(Ord. 256 § 2, 1989)
9.12.120 Patios.
None required.
(Ord. 256 § 2, 1989)
9.12.130 Landscaping.
There shall be an approved landscaping and irrigation system installed, subject to the standards of
Chapter 8.57, within the front and street side yards at the time of construction of the main building.
Driveways and open parking shall not exceed fifty percent of the front and street side yards. City parkways
shall be included in the landscaping. Natural areas may be integrated into the landscape plan provided such
natural areas are free of invasive weeds or a source of blow sand. Landscaping shall be designed to prevent
irrigation water from flowing over paved surfaces. Turf areas shall be limited, and at least 50% of lot
landscaping shall be native and/or drought-tolerant plant materials.
(Ord. 256 § 2, 1989)
9.12.140 Dwelling unit size.
The minimum dwelling unit size requirements based on number of bedrooms are as follows:
Bedrooms Minimum Dwelling Unit Size
4 or more 3,000 sq. ft.
3 2,500 sq. ft.
2 or less 2,000 sq. ft.
(Ord. 256 § 2, 1989)
Chapter 9.14
R1 SINGLE-FAMILY RESIDENTIAL DISTRICT*
Sections:
9.14.010 Purpose and intent.
9.14.020 Permitted uses.
9.14.030 Conditional uses.
9.14.040 Prohibited uses.
9.14.050 Density.
9.14.060 Lot dimensions.
9.14.070 Yard requirements.
9.14.080 Coverage and building height.
9.14.090 Parking.
9.14.100 Access to parking(driveways).
9.14.110 Fencing.
9.14.120 Patios.
9.14.130 Landscaping.
9.14.140 Dwelling unit size.
* Prior ordinance history:Ords.80,212,244 and 247.
9.14.010 Purpose and intent.
To provide a living area within the city where development is limited to low density concentrations of
one-family dwellings and to promote and encourage a suitable environment for family life, to provide space
for community facilities needed to complement urban residential areas and for institutions which require a
residential environment and to minimize traffic congestion.
(Ord. 256 § 4, 1989)
9.14.020 Permitted uses.
Home occupations;
Large family day care homes;
One one-family dwelling per legal lot;
. , ....
Small family day care homes;
Supportive housing;
Transitional housing;:
Employee Housing;
Second Dwelling Unit/Accessory Dwelling Unit;
Junior Accessory Dwelling Unit;
Group Home.
(Ord. 731 § 3,2014; Ord. 580 § 3,2004; Ord. 293 § 5, 1990; Ord. 256 § 4, 1989)
9.14.030 Conditional uses.
The following uses may be permitted subject to a conditional use permit:
Churches, convents,monasteries and other religious institutions on a minimum of two acres;
. _, - ; . . : - _ • - •- .- • of a second unit dwelling as defined
Day care center;
Parking lots; as provided in Section 9.14.0290;
Planned unit developments;
Private recreational facilities and ancillary commercial uses;
Public parks and recreation facilities;
Schools,either public or private,but not including business or trade schools.
(Ord. 580 § 3, 2004; Ord. 324 § 5, 1991; Ord. 299 § 5, 1990; Ord. 293 § 4, 1990; Ord. 262 § 2, 1989; Ord.
256 § 4, 1989)
9.14.040 Prohibited uses.
A. Uses not listed in this chapter are 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.
B. Short Term Vacation Rentals, as defined in Chapter 5.96 of this Municipal Code, are expressly
prohibited. This prohibition shall not apply to home sharing as defined in Chapter 5.96.
9.14.050 Density.
There shall be three density categories in the R1 zone. These categories will be distinguished on the
zone map by a numerical notation following the Rl symbol which will provide identification of the
minimum net lot area. The density categories are:
Category Min.Net Size of Lot
7.2 7,200 sq. ft.
8.5 8,500 sq. ft.
10 10,000 sq. ft.
12 12,000 sq. ft.
15 15,000 sq. ft.
(Ord. 256 § 4, 1989)
9.14.060 Lot dimensions.
All newly-created lots shall meet the following minimum net dimensions:
A. Area: as noted under density requirement;
B. Depth: one hundred feet;
C. Width: seventy feet along a dedicated street frontage property line; however, if it is found that the
frontage of the lot must be narrowed because of street design or topographical constraints,the minimum
lot width may be reduced provided that the dimension at the street frontage property line is not less than
thirty-five feet.
(Ord. 256 § 4, 1989)
9.14.070 Yard requirements.
All newly-developed lots shall have the following minimum yard dimensions:
A. Front yard: twenty feet; garages with a side entry access: fifteen feet;
B. Side yards for lots whose width is sixty feet or less shall not be less than five feet. However, side yards
for a lot over sixty feet in width shall be fifteen feet combined, one of minimum five feet and the other
of minimum ten feet. On corner lots the ten-foot setback shall be along the street side;
C. Rear yard: fifteen feet, except that garages or carports may be located up to five feet from a rear
property line.
(Ord. 334 § 2, 1991; Ord. 256 § 4, 1989)
9.14.080 Coverage and building height.
A. Maximum building coverage shall be forty percent of net lot area;
B. Building height shall not exceed twenty-six feet.
(Ord. 256 § 4, 1989)
9.14.090 Parking.
In addition to all the requirements of Chapter 9.58,the minimum parking shall be as follows:
A. Main dwelling: two car parking spaces within a garage;
B. Guest dwelling: one car parking space within a garage;
BG. Location of parking: no vehicles shall be parked in any area except within the garage, improved
driveway, or improved accessory parking spaces;
CD.Maximum parking spaces: the maximum number of parking spaces per lot shall not exceed four covered
spaces (two hundred square feet each) and open parking not greater than one thousand square feet
excluding driveways. Additional covered parking in lieu of said open parking may be permitted by
administrative design review provided all other applicable district standards can be met;
DE.Vehicles shall not be parked or stored in any front or street side yard area except on driveways or open
parking spaces constructed of Portland cement concrete. Driveways and improved parking areas shall
not cover more than fifty percent of the required front or street side yard area;
EF. Parking lots, in conjunction with commercial uses, are allowed provided that the parking lot:
1. Solely serves an adjacent commercial development that has frontage along Ramon Road;
2. Shares a common property line or alley (not including a public street) with the commercial
development;
3. Does not have vehicular access from an adjacent residential street, unless no other suitable options are
available as determined by the city planner;
4. Is not located on a lot that fronts on Roundup Road; and
5. Is not used for any type of storage activity, sales or other non-parking use at any time.
For parking lots meeting the above criterion,the following development standards shall apply:
1. A solid decorative masonry wall shall be constructed between the parking lot and the adjacent
residential properties. The wall shall be a minimum of six feet and a maximum of seven feet in height.
Where the wall is adjacent to a residential front yard setback,the wall height shall step down, starting at
the setback line to meet the perimeter screen wall height as described below.
2. A solid decorative masonry screen wall shall be constructed between the parking lot and the adjacent
residential street(s) that is a minimum of thirty-six inches and a maximum of forty-eight inches in
height. A minimum five-foot interior width planter shall be constructed along both sides of the
decorative screen wall.
3. A minimum five-foot interior width planter shall be constructed along the perimeter of the lot where the
lot is adjacent to residentially zoned properties.
4. All interior planters shall be protected from vehicle overhangs with concrete wheel stops. Exception:
Vehicles may have a two-foot overhang into a planter that has a minimum interior dimension of at least
seven feet and concrete wheel stops will not be required.
5. Parking lots shall have a minimum of fifty percent shade coverage of the parking area within ten years
of construction. Trees should be planted between every three parking spaces. Arbors, courts and similar
shade structures may be approved by the city planner instead of the tree requirement,provided that their
supporting members are setback at least five feet from the property line that is shared with residentially
zoned properties.
6. Parking lots shall maintain security lighting where a minimum of one foot-candle is provided for the
interior. Additionally, a maximum of zero foot-candles are permitted at all property lines. Fixtures shall
be bollard style or wall mounted and shall not exceed five feet in height.
7. Access to the parking lot shall be either from the adjacent commercial use via a common access
easement or dedicated easement (a lot merger may be required) or from an adjacent public street or
alley. The access shall be designed to city standards as required by the public works director/city
engineer.
(Ord. 580 § 3, 2004; Ord. 307 § 3, 1990; Ord. 256 § 4, 1989)
9.14.100 Access to parking(driveways).
All parking spaces and structures shall be served by a driveway that meets the following standards:
A. Minimum width of driveway: sixteen feet;
B. Driveways shall be constructed of Portland cement concrete.
(Ord. 256 § 4, 1989)
9.14.110 Fencing.
A. Fencing, at time of new construction: At the time of construction of any residence, a six-foot high solid
masonry fence shall be constructed on all rear and side lot lines. The fence shall be constructed of
decorative masonry with finished appearance : ... . . ' • .__. - -: consistent with the
architecture of the main building.
B. If a fence exists at the required location,the requirement may be waived by the city planner if it is found
that the existing fence is of sound construction with an expected life of at least ten years. For the
purposes of this section,open fences are not considered a fence meeting this requirement.
C. The requirements of this section shall not apply to lots of record that are greater than fifteen thousand
square feet. - . •- , -- _. . . . . • .- -- • .. . -- -•. . . . _ --- _ •. .. - ._
(Ord. 554 § 1,2001; Ord. 256 § 4, 1989)
9.14.120 Patios.
None required.
9.16.120 Trash containers.
Trash and recycling containers shall be located within the rear and side yards, behind a solid fence or
gate, and shall not be visible from the public right-of-way, except when in places of collection on scheduled
waste collection days.
(Ord.256 § 4, 1989)
9.14.130 Landscaping.
There shall be an approved landscaping and irrigation system installed, subject to the standards of
Chapter 8.57, within the front and street side yards at the time of construction of the main building.
Driveways and open parking shall not exceed fifty percent of the front and street side yards. City parkways
shall be included in the landscaping. Natural areas may be integrated into the landscape plan provided such
natural areas are free of invasive weeds or a source of blow sand. Landscaping shall be designed to prevent
irrigation water from flowing over paved surfaces. Turf areas shall be limited, and at least 50% of lot
landscaping shall be native and/or drought-tolerant plant materials.
(Ord. 256 § 4, 1989)
9.14.140 Dwelling unit size.
The minimum dwelling unit size,based on number of bedrooms, are as follows:
Bedrooms Minimum Dwelling Unit Size
3 or more 1,200 sq. ft.
2 or less 1,000 sq. ft.
(Ord. 256 § 4, 1989)
Chapter 9.16
R2 MULTIPLE-FAMILY RESIDENTIAL DISTRICT*
Sections:
9.16.010 Purpose and intent.
9.16.020 Permitted uses.
9.16.030 Conditional uses.
9.16.040 Prohibited uses.
9.16.050 Density.
9.16.060 Lot dimensions.
9.16.070 Yard requirements.
9.16.080 Coverage and building height.
9.16.090 Parking.
9.16.100 Access to parking(driveways).
9.16.110 Fencing.
9.16.120 Open space/patios.
9.16.130 Landscaping.
9.16.140 Dwelling unit size.
9.16.150 Trash enclosures.
9.16.160 Design review.
* Prior ordinance history:Ords.80,97,105,128,133,145,164,182,212 and 244.
9.16.010 Purpose and intent.
To provide appropriately located areas for families living in a variety of types of dwellings at a low to
medium range of population density, and to provide space for community facilities needed to complement
urban residential areas.
(Ord. 263 § 5, 1989)
9.16.020 Permitted uses.
Home occupations;
Large family day care homes in one-family dwellings only;
Multiple dwellings;
One-family dwellings;
Two-family dwellings(duplexes);:
Small family day-care homes in one-and two-family dwellings only;
Supportive housing;
Transitional housing;
Employee Housing;
Second Dwelling Unit/Accessory Dwelling Unit;
Junior Accessory Dwelling Unit;
Low Barrier Navigation Center;
Group Home.
(Ord. 731 § 4,2014; Ord. 299 § 2, 1990; Ord. 263 § 5, 1989)
9.16.030 Conditional uses.
The following uses may be permitted subject to a conditional use permit:
Boarding houses . . . • -• .._. .. . ' ' - . • . .. _ • •.. •_;
Churches,convents,monasteries and other religious institutions on a minimum of two acres;
Day-care center;
Dwelling, second unit; provided only one single dwelling unit exists on the recorded lot, and further
- • !•
there is at least one ten feet by twenty foot parking space designated specifically for the second unit
Large family day-care home in two-family dwellings only;
Mobile home park;
Parking lots serving developments approved in an abutting commercial zone, sharing a common
property line(or alley)with said proposed lot provided access is not permitted onto the residential street;
Planned unit developments;
Private recreational facilities and ancillary commercial uses;
Public parks and recreation facilities;
Public utility structures and public service facilities; however transmission lines serving only the
immediate area are permitted without a conditional use permit;
Schools, either public or private,but not including business or trade schools.
(Ord. 324 § 6, 1991; Ord.299 § 3, 1990; Ord. 263 § 5, 1989)
9.16.040 Prohibited uses.
A. Uses not listed in this chapter are expressly prohibited. No land shall be used nor buildings and
structures hereafter be erected, altered, enlarged, or otherwise modified in this zoning district unless said use
and improvement is in compliance with the district provisions.
B. Short Term Vacation Rentals, as defined in Chapter 5.96 of this Municipal Code, are expressly
prohibited. This prohibition shall not apply to home sharing as defined in Chapter 5.96.
9.16.050 Density.
All new residential development shall meet the following maximum density standards based on net lot
area:
A. One one-family dwelling shall be permitted on any conforming lot or on any existing legally created
nonconforming lot that has an area of at least four thousand square feet.
B. One two-family dwelling shall be permitted on any conforming lot or on any existing legally created
nonconforming lot that has an area of at least seven thousand square feet.
C. Multiple dwellings shall be permitted on any legally created lot provided that there shall be a maximum
of one unit for every three thousand six hundred square feet of net lot area for interior lots and one unit
for every two thousand four hundred square feet of net lot area for corner lots. For corner lots that are
fourteen thousand square feet or more in area(existing or consolidated with development proposal),the
corner lot density factor shall be used only for the first fourteen thousand square feet of lot area. All
density calculations thereafter shall be calculated at the interior lot factor.
D. Fractions over a whole unit shall not be considered an allowable unit.
(Ord. 263 § 5, 1989)
9.16.060 Lot dimensions.
All newly-created lots shall meet the following minimum net dimensions:
A. Area: eight thousand square feet;
B. Depth: one hundred feet;
C. Width: seventy feet; however, if it is found that the frontage of the lot must be narrowed because of
street design or topographical constraints, the minimum lot width may be reduced provided that the
dimension at the front property line is not less than thirty-five feet.
(Ord. 263 § 5, 1989)
9.16.070 Yard requirements.
All newly-developed lots shall have the following minimum yard dimensions:
A. Front yard: fifteen feet.
B. Side yards for a lot sixty feet or less in width shall be not less than five feet.
C. Side yards for a lot over sixty feet in width shall be fifteen feet combined, each of which shall not be
less than five feet, except a side yard providing the main front access to any unit shall be a minimum of
ten feet.
D. Rear yard: fifteen feet, except garages or carports may be located up to five feet from a rear property
line provided there is no direct access to an alley.
E. Setback to the vehicle entrance of garage or carport shall be twenty feet to any street or alley.
(Ord. 263 § 5, 1989)
9.16.080 Coverage and building height.
A. Maximum building coverage shall be fifty percent of net lot area;
B. Building height shall not exceed twenty-six feet except where the building is within thirty feet of
property zoned RE or R1. In such case, the building height shall not exceed sixteen feet within thirty
feet from the property zoned RE or Rl. The planning commission may permit an increase in the height
up to twenty-six feet if it is found that such increase will not adversely affect adjacent properties. The
planning commission review of an increase above sixteen feet shall be made through a design review
application. • . ' - _ . . •. - . .. - -- :- •_ . .. .-. - . -
(Ord. 263 § 5, 1989)
9.16.090 Parking.
In addition to all the requirements of Chapter 9.58,the minimum parking shall be as follows:
A. One-family dwelling: two car parking spaces within a garage.
B. Two-family and multiple dwellings up to and including four units on a legal lot; two car parking spaces
per unit, at least one of which is to be in a garage. Such parking structures may be entered directly from
the street or be side entered. To provide variety, the design shall vary from any existing adjacent
development to the satisfaction of the planning commission.
C. Multiple dwellings of five units or more on a legal lot: one and one-half car parking spaces per unit, at
least one of which is to be in a garage.
(Ord. 263 § 5, 1989)
9.16.130 Landscaping.
A. All one- and two-family dwellings shall have approved landscaping and irrigation systems installed in
the front and street side yards.
B. All multiple dwelling developments shall have approved landscaping and irrigation systems installed in
all yards and open areas designed for common uses at the time of construction of the main building.
C. All landscaping shall be subject to the standards of Chapter 8.57.
D. Landscaping shall be designed to prevent irrigation water from flowing over paved surfaces.
E. Turf areas shall be limited, and at least 50% of lot landscaping shall be native and/or drought-tolerant
plant materials.
(Ord. 263 § 5, 1989)
9.16.140 Dwelling unit size.
The minimum dwelling unit size,based on number of bedrooms,are as follows:
Bedrooms Minimum Dwellin. Unit Size
4 or more 1,350 sq. ft.
3 1,100 sq. ft.
2 9500 sq. ft.
1 750425 sq. ft.
Studio 6700 sq. ft.
(Ord. 263 § 5, 1989)
9.16.150 Trash enclosures.
Trash enclosures constructed to the requirements of Chapter 9.88 shall be required for all developments
with three or more dwelling units that have alley or private common drive access capable of accommodating
refuse removal vehicles, and all developments with five or more dwelling units regardless of access. The
trash enclosure shall not be situated within twenty-five feet of the front or main entrance to any dwelling on-
site or on adjacent properties.
(Ord. 263 § 5, 1989)
9.16.160 Design review.
Approval of development shall be processed per Chapter 9.78.
(Ord. 263 § 5, 1989)
Chapter 9.18
RM MULTIPLE-FAMILY RESIDENTIAL DISTRICT*
Sections:
9.18.010 Purpose and intent.
9.18.020 Permitted uses.
9.18.030 Conditional uses.
9.18.040 Prohibited uses.
9.18.050 Density.
9.18.060 Lot dimensions.
9.18.070 Yard requirements.
9.18.080 Coverage and building height.
9.18.090 Parking.
9.18.100 Access to parking(driveways).
9.18.110 Fencing.
9.18.120 Open space.
9.18.130 Landscaping.
9.18.140 Dwelling unit size.
9.18.150 Trash enclosures.
9.18.160 Design review.
* Prior ordinance history:Ords.80 and 212.
9.18.010 Purpose and intent.
To provide appropriately located areas for families living in a variety of types of dwellings at a medium
to medium-high range of population density, and to provide space for community facilities needed to
complement urban residential areas. (Ord. 263 § 6, 1989)
9.18.020 Permitted uses.
Home occupations •• . - . . . •• . _ ••: -• ;
Multiple dwellings;
One f mil..awellingG.
Small family day-care homes '• . - . . . - ••_ ;
Supportive housing;
Transitional housing;
Employee Housing;
Second Dwelling Unit/Accessory Dwelling Unit;
Junior Accessory Dwelling Unit;
Low Barrier Navigation Center;
Group Home.
(Ord. 731 § 5, 2014; Ord. 263 § 6, 1989)
9.18.030 Conditional uses.
The following uses may be permitted subject to a conditional use permit:
Boarding houses . . . - _. .. ' '
Churches, convents,monasteries and other religious institutions on a minimum of two acres;
Day-care center;
Dwelling, second unit; provided only one single dwelling unit exists on the recorded lot, and further
there is at least one ten foot by twenty foot parking space designated specifically for the second unit
r.. - .
feet of any property line nor covers more than fifty percent of the required rear yard area;
Mobile home park;
Parking lots serving developments approved in an abutting commercial zone, sharing a common
property line(or alley)with said proposed lot provided access is not permitted onto the residential street;
Planned unit developments;
Private recreational facilities and ancillary commercial uses;
Public parks and recreation facilities;
Public utility structures and public service facilities; however transmission lines serving only the
immediate area are permitted without a conditional use permit;
Schools, either public or private,but not including business or trade schools.
(Ord. 731 § 5,2014; Ord. 699 § 5, 2011; Ord. 324 § 6, 1991; Ord. 263 § 6, 1989)
9.18.040 Prohibited uses.
Uses not listed in this chapter are expressly prohibited. No land shall be used nor buildings and
structures hereafter be erected,altered, enlarged, or otherwise modified in this zoning district unless said use
and improvement is in compliance with the district provisions.
(Ord. 263 § 6, 1989)
9.18.050 Density.
All new residential development shall meet the following maximum density standards based on net lot
area:
. _
. _..
AG.Multiple dwellings at the medium density range of 4.5 to 10 dwelling units per acre shall be permitted
on any legally created lot (net lot area). . . •- - . .- . . • . - . -
BD.Multiple dwellings at the medium high density range of 11 to 20 dwelling units per acre shall be
permitted on any legally created lot (net lot area). of one unit for every three thousand square feet of net
lot area, ._. . . - • -- .. .-• .. •. - • . - .. •.
existing and future development. Notice of the planning commission review of the design review
CE. Fractions over a whole unit shall not be considered an allowable unit.
(Ord.263 § 6, 1989)
9.18.060 Lot dimensions.
All newly-created lots shall meet the following minimum net dimensions:
A. Area: twenty thousand square feet;
B. Depth: one hundred fifty feet;
C. Width: eighty feet; however, if it is found that the frontage of the lot must be narrowed because of street
design or topographical constraints,the minimum lot width may be reduced provided that the dimension
at the front property line is not less than thirty-five feet.
(Ord. 263 § 6, 1989)
9.18.070 Yard requirements.
All newly-developed lots shall have the following minimum yard dimensions:
A. Front yard: fifteen feet;
B. Side yard: ten feet for interior, fifteen feet for street side;
C. Rear yard: ten feet, except that garages or carports may be located up to five feet from a rear property
line provided there is no direct access to an alley;
D. Setback to the vehicle entrance of garage or carport shall be twenty feet to any street or alley.
(Ord. 263 § 6, 1989)
9.18.080 Coverage and building height.
A. Maximum building coverage shall be sixty percent of net lot area;
B. Building height shall not exceed twenty-six feet except where the building is within thirty feet of
property zoned RE or R1. In such case, the building height shall not exceed sixteen feet within thirty
feet from the property zoned RE or R1. The planning commission may permit an increase in the height
up to twenty-six feet if it is found that such increase will not adversely affect adjacent properties. The
planning commission review of an increase above sixteen feet shall be made through a design review
application. . ' • . • . . . •-_ : . .. •_ _ - . _ - ... '_. .
(Ord. 263 § 6, 1989)
9.18.090 Parking.
In addition to all the requirements of Chapter 9.58,the minimum parking shall be as follows:
A. Amount: one and one-half car parking spaces per unit.
B. Covered parking: at least one space per unit shall be covered.
C. Open parking: to be located in rear yards and interior side yard only. Open parking spaces shall be
constructed of Portland cement concrete.
D. Location of parking: No vehicles shall be parked in any area except within approved garages, carports,
or improved open parking spaces.
(Ord. 263 § 6, 1989)
9.18.100 Access to parking(driveways).
All parking spaces and structures shall be served by a driveway, private street or easement that meets
the following standards:
A. Width of driveway serving one to three parking spaces: twelve feet;
B. Width of driveway serving four to eight parking spaces: sixteen feet;
C. Width of driveway serving more than eight parking spaces: twenty-five feet;
D. Driveway with a required width twenty feet or less: the first one hundred feet in length shall be
constructed of Portland cement concrete. After the one hundred-foot distance, the driveway may be
constructed of asphalt concrete or other equivalent surface as approved by the city engineer;
E. Driveway with a required width over twenty feet: the first twenty-five feet in length shall be constructed
of Portland cement concrete. After the twenty-five-foot distance, the driveway may be constructed of
asphalt concrete or other equivalent surface as approved by the city engineer;
F. All driveway improvements shall be constructed to the satisfaction of the city engineer;
G. Driveways shall not cover more than thirty percent of the required front or street side yard area.
(Ord. 263 § 6, 1989)
9.18.110 Fencing.
A. At the time of construction of any main building, a six-foot high solid masonry fence shall be
constructed on all rear and side lot lines. The fence shall be constructed of decorative masonry with
finished appearance : ... • . : ' . . _. _ _ consistent with the architecture of the main
building.
B. If a fence exists at the required location, the requirement may be waived by the director if it is found
that the existing fence is of sound construction with an expected life of at least ten years. For the
purposes of this section, open fences are not considered a fence meeting this requirement.
C. Front yard fencing is not required. However, if constructed,the fence shall not exceed a height of forty-
two inches in the required front and side yards and shall be constructed of decorative masonry
consistent with the architecture of the main building and the rear and interior side yard fence.
(Ord. 263 § 6, 1989)
9.18.120 Open space.
Usable open space shall be provided at a minimum of four hundred square feet for each dwelling unit.
This space may be provided as private outdoor living areas,balconies, decks or common recreational leisure
area. Except in the case of balconies, such areas shall be landscaped and screened from the street and
adjacent property.
(Ord. 263 § 6, 1989)
9.18.130 Landscaping.
There shall be an approved landscaping and irrigation system installed, subject to the standards of
Chapter 8.57, in all areas of the lot not covered by impervious materials at the time of construction of the
main buildings. City parkways shall be included in the landscaping.Natural areas may be integrated into the
landscape plan, provided such natural areas are free of invasive weeds or a source of blow sand.
Landscaping shall be designed to prevent irrigation water from flowing over paved surfaces. Turf areas shall
be limited, and at least 50%of lot landscaping shall be native and/or drought-tolerant plant materials.
(Ord. 263 § 6, 1989)
9.18.140 Dwelling unit size.
The minimum dwelling unit size,based on number of bedrooms, are as follows:
Bedrooms Minimum Dwelling Unit Size
4 or more 1,350200 sq. ft.
3 1,1000 sq. ft.
2 90023 sq. ft.
1 75800 sq. ft.
Studio 67-00 sq. ft.
(Ord. 263 § 6, 1989)
9.18.150 Trash enclosures.
Trash enclosures constructed to the requirements of Chapter 9.88 shall be required for all developments
with three or more dwelling units that have alley or private common drive access capable of accommodating
refuse removal vehicles, and all developments with five or more dwelling units regardless of access. The
trash enclosure shall not be situated within twenty-five feet of the front or main entrance to any dwelling on
site or on adjacent properties.
(Ord. 263 § 6, 1989)
9.18.160 Design review.
Approval of development shall be processed per Chapter 9.78.
(Ord. 263 § 6, 1989)
Chapter 9.20
R3 MULTIPLE-FAMILY RESIDENTIAL DISTRICT*
Sections:
9.20.010 Purpose and intent.
9.20.020 Permitted uses.
9.20.030 Conditional uses.
9.20.040 Prohibited uses.
9.20.050 Density.
9.20.060 Lot dimensions.
9.20.070 Yard requirements.
9.20.080 Coverage and building height.
9.20.090 Parking.
9.20.100 Access to parking(driveways).
9.20.110 Fencing.
9.20.120 Open space.
9.20.130 Landscaping.
9.20.140 Dwelling unit size.
9.20.150 Trash enclosures.
9.20.160 Design review.
* Prior ordinance history:Ords.80,182 and 212.
9.20.010 Purpose and intent.
To provide appropriately located areas for multiple-family dwellings at a medium to high range of
population density, and to provide space for community facilities needed to complement urban residential
areas.
(Ord. 263 § 7, 1989)
9.20.020 Permitted uses.
Hotelo and motels
Multiple dwellings;
Supportive housing;
Transitional housing;:
Employee Housing;
Second Dwelling Unit/Accessory Dwelling Unit;
Junior Accessory Dwelling Unit;
Low Barrier Navigation Center;
Group Home.
(Ord. 731 § 6, 2014; Ord. 263 § 7, 1989)
9.20.030 Conditional uses.
The following uses may be permitted subject to a conditional use permit:
Boarding houses . •. • . ' ' _
Churches, convents,monasteries and other religious institutions on a minimum of two acres;
Day-care center;
Dwellin . . - •_ - - - ' - --• -
Hospitals;
Parking lots serving developments approved in an abutting commercial zone, sharing a common
property line(or alley)with said proposed lot provided access is not permitted onto the residential street;
Planned unit developments;
Private recreational facilities and ancillary commercial uses;
Public parks and recreation facilities;
Public utility structures and public service facilities; however transmission lines serving only the
immediate area are permitted without a conditional use permit;
Schools, either public or private,but not including business or trade schools.
(Ord. 731 § 6, 2014; Ord. 699 § 5, 2011; Ord. 324 § 6, 1991; Ord. 263 § 7, 1989)
9.20.040 Prohibited uses.
Uses not listed in this chapter are expressly prohibited. No land shall be used nor buildings and
structures hereafter be erected, altered, enlarged, or otherwise modified in this zoning district unless said use
and improvement is in compliance with the district provisions.
(Ord. 263 § 7, 1989)
9.20.050 Density.
A. Multiple dwellings at the medium high density range of 11 to 20 dwelling units per acre shall be
permitted on any legally created lot (net lot area). . -• _ . _. . . .
B. Multiple dwellings at the high density range of 20 to 24 dwelling units per acre shall be permitted on
any legally created lot (net lot area). •. -• _ _ . _. . . •. -• -
• - _ . • .. - - • • - one hundred feet of the subject site.
C. Fractions over a whole unit shall not be considered an allowable unit.
(Ord. 263 § 7, 1989)
9.20.060 Lot dimensions.
All newly-created lots shall meet the following minimum net dimensions:
A. Area: thirty thousand square feet;
B. Depth: one hundred fifty feet;
C. Width: one hundred feet; however, if it is found that the frontage of the lot must be narrowed because of
street design or topographical constraints, the minimum lot width may be reduced provided that the
dimension at the front property line is not less than thirty-five feet.
(Ord. 263 § 7, 1989)
9.20.070 Yard requirements.
All newly-developed lots shall have the following minimum yard dimensions:
A. Front yard: fifteen feet;
B. Side yard: fifteen feet;
C. Rear yard: fifteen feet, except garages or carports may be located up to five feet from a rear property
line provided there is no direct access to an alley;
D. Setback to the vehicle entrance of garage or carport shall be twenty feet to any street or alley.
(Ord. 263 § 7, 1989)
9.20.080 Coverage and building height.
A. Maximum building coverage shall be sixty percent of net lot area;
B. Building height shall not exceed thirty-five feet except where the building is within thirty feet of
property zoned RE, R1 or R2. In such case, the building height shall not exceed sixteen feet within
thirty feet from the property zoned RE, Rl or R2. The planning commission may permit an increase in
the height up to twenty-six feet if it is found that such increase will not adversely affect adjacent
properties. The planning commission review of an increase above sixteen feet shall be made through a
design review application. . . - - . . • - . . _ - , .,, ' -
(Ord. 263 § 7, 1989)
9.20.090 Parking.
In addition to all the requirements of Chapter 9.58,the minimum parking shall be as follows:
A. Amount: one and one-half car parking spaces per unit;
B. Covered parking: at least one space per unit shall be covered;
C. Open parking: to be located in rear yards and interior side yard only. Open parking spaces shall be
constructed of Portland cement concrete;
D. Location of parking: No vehicles shall be parked in any area except within approved garages, carports,
or improved open parking spaces.
(Ord. 263 § 7, 1989)
9.20.100 Access to parking(driveways).
All parking spaces and structures shall be served by a driveway, private street or easement that meets
the following standards:
A. Width of driveway serving one to three parking spaces: twelve feet;
B. Width of driveway serving four to eight parking spaces: sixteen feet;
C. Width of driveway serving more than eight parking spaces: twenty-five feet;
D. Driveway with a required width twenty feet or less: the first one hundred feet in length shall be
constructed of Portland cement concrete. After the one hundred-foot distance, the driveway may be
constructed of asphalt concrete or other equivalent surface as approved by the city engineer;
E. Driveway with a required width over twenty feet: the first twenty-five feet in length shall be constructed
of Portland cement concrete. After the twenty-five-foot distance, the driveway may be constructed of
asphalt concrete or other equivalent surface as approved by the city engineer;
F. All driveway improvements shall be constructed to the satisfaction of the city engineer;
G. Driveways shall not cover more than thirty percent of the required front or street side yard area.
(Ord. 263 § 7, 1989)
9.20.110 Fencing.
A. At the time of construction of any main building, a six-foot high solid masonry fence shall be
constructed on all rear and side lot lines. The fence shall be constructed of decorative masonry with
finished appearance : ... . . ' • . -. - -- : consistent with the architecture of the main
building.
B. If a fence exists at the required location, the requirement may be waived by the director if it is found
that the existing fence is of sound construction with an expected life of at least ten years. For the
purposes of this section, open fences are not considered a fence meeting this requirement.
C. Front yard fencing is not required. However, if constructed,the fence shall not exceed a height of forty-
two inches in the required front and sidc yards and shall be constructed of decorative masonry
consistent with the architecture of the main building and the rear and interior side yard fence.
(Ord. 263 § 7, 1989)
9.20.120 Open space.
Usable open space shall be provided at a minimum of three hundred square feet for each dwelling unit.
This space may be provided as private outdoor living areas,balconies, decks or common recreational leisure
area. Except in the case of balconies, such areas shall be landscaped and screened from the street and
adjacent property.
(Ord. 263 § 7, 1989)
9.20.130 Landscaping.
There shall be an approved landscaping and irrigation system installed, subject to the standards of
Chapter 8.57, in all areas of the lot not covered by impervious materials at the time of construction of the
main buildings. City parkways shall be included in the landscaping.Natural areas may be integrated into the
landscape plan, provided such natural areas are free of invasive weeds or a source of blow sand.
Landscaping shall be designed to prevent irrigation water from flowing over paved surfaces. Turf areas shall
be limited, and at least 50%of lot landscaping shall be native and/or drought-tolerant plant materials.
(Ord. 263 § 7, 1989)
9.20.140 Dwelling unit size.
The minimum dwelling unit size,based on number of bedrooms,are as follows:
Bedrooms Minimum Dwelling Unit Size
4 or more 1,3504-00 sq. ft.
3 1,1000 sq. ft.
2 900 sq. ft.
1 750 sq. ft.
Studio 6050 sq. ft.
(Ord. 263 § 7, 1989)
9.20.150 Trash enclosures.
Trash enclosures constructed to the requirements of Chapter 9.88 shall be required for all developments.
(Ord. 263 § 7, 1989)
9.20.160 Design review.
Approval of development shall be processed per Chapter 9.72.
(Ord. 263 § 7, 1989)
Chapter 9.22
R4 MULTIPLE-FAMILY RESIDENTIAL DISTRICT*
Sections:
9.22.010 Purpose and intent.
9.22.020 Permitted uses.
9.22.030 Conditional uses.
9.22.040 Prohibited uses.
9.22.050 Density.
9.22.060 Lot dimensions.
9.22.070 Yard requirements.
9.22.080 Coverage and building height.
9.22.090 Parking.
9.22.100 Access to parking(driveways).
9.22.110 Fencing.
9.22.120 Open space.
9.22.130 Landscaping.
9.22.140 Dwelling unit size.
9.22.150 Trash enclosures.
9.22.160 Design review.
Prior ordinance history:Ords.80,182 and 212.
9.22.010 Purpose and intent.
To provide appropriately located areas for multiple-family dwellings at a high to high high range of
population density, and to provide space for community facilities needed to complement urban residential
areas.
(Ord. 263 § 8, 1989)
9.22.020 Permitted uses.
Multiple dwellings;
Supportive housing;
Transitional housing;.-
Employee Housing;
Second Dwelling Unit/Accessory Dwelling Unit;
Junior Accessory Dwelling Unit;
Low Barrier Navigation Center;
Group Home.
(Ord. 746 § 4,2014; Ord. 731 § 7, 2014; Ord. 263 § 8, 1989)
9.22.030 Conditional uses.
The following uses may be permitted subject to a conditional use permit:
Boarding houses . . . • • .. . .. .. _;
Churches,convents,monasteries and other religious institutions on a minimum of two acres;
Day-care center;
. -- - • -
' • I• a
•- _ ' . • .. -• .. .._ _. specifically for the second unit
... ' • •
Hospitals;
Parking lots serving developments approved in an abutting commercial zone, sharing a common
property line(or alley)with said proposed lot provided access is not permitted onto the residential street;
Planned unit developments;
Private recreational facilities where the recreational facility is the main use, and ancillary commercial
uses;
Public parks and recreation facilities;
Public utility structures and public service facilities; however transmission lines serving only the
immediate area are permitted without a conditional use permit;
Schools, either public or private,but not including business or trade schools.
(Ord. 731 § 7,2014; Ord. 699 § 5, 2011; Ord. 324 § 6, 1991; Ord. 263 § 8, 1989)
9.22.040 Prohibited uses.
Uses not listed in this chapter are expressly prohibited. No land shall be used nor buildings and
structures hereafter be erected, altered, enlarged, or otherwise modified in this zoning district unless said use
and improvement is in compliance with the district provisions.
(Ord. 263 § 8, 1989)
9.22.050 Density.
A. Multiple dwellings at the high density range of 20 to 24 dwelling units per acre shall be permitted on
any legally created lot (net lot area). . ._ .--• . • _ _ . . •. . -
B. Fractions over a whole unit shall not be considered an allowable unit.
(Ord. 746 § 5, 2014; Ord. 263 § 8, 1989)
9.22.060 Lot dimensions.
All newly-created lots shall meet the following minimum net dimensions:
A. Area: forty thousand square feet;
B. Depth:two hundred feet;
C. Width: one hundred feet; however, if it is found that the frontage of the lot must be narrowed because of
street design or topographical constraints, the minimum lot width may be reduced provided that the
dimension at the front property line is not less than thirty-five feet.
(Ord. 263 § 8, 1989)
9.22.070 Yard requirements.
All newly-developed lots shall have the following minimum yard dimensions:
A. Front yard: fifteen feet;
B. Side yard: fifteen feet;
C. Rear yard: fifteen feet, except that garages or carports may be located up to five feet from a rear
property line provided there is no direct access to an alley;
D. Setback to the vehicle entrance of garage or carport shall be twenty feet to any street or alley.
(Ord. 263 § 8, 1989)
9.22.080 Coverage and building height.
A. Maximum building coverage shall be sixty-five percent of net lot area;
B. Building height shall not exceed thirty-five feet except where the building is within thirty feet of
property zoned RE, Rl or R2. In such case, the building height shall not exceed sixteen feet within
thirty feet from the property zoned RE, R1 or R2. The planning commission may permit an increase in
the height up to twenty-six feet if it is found that such increase will not adversely affect adjacent
properties. The planning commission review of an increase above sixteen feet shall be made through a
design review application. • . - - • . . . _. - - _ _. - •- ...
(Ord. 263 § 8, 1989)
9.22.090 Parking.
In addition to all the requirements of Chapter 9.58,the minimum parking shall be as follows:
A. Amount: one and one-half car parking spaces per unit;
B. Covered parking: at least one space per unit shall be covered;
C. Open parking: to be located in rear yards and interior side yard only. Open parking spaces shall be
constructed of Portland cement concrete;
D. Location of parking: no vehicles shall be parked in any area except within approved garages, carports,
or improved open parking spaces.
(Ord. 263 § 8, 1989)
9.22.100 Access to parking(driveways).
All parking spaces and structures shall be served by a driveway, private street or easement that meets
the following standards:
A. Width of driveway serving one to three parking spaces:twelve feet;
B. Width of driveway serving four to eight parking spaces: sixteen feet;
C. Width of driveway serving more than eight parking spaces: twenty-five feet;
D. Driveway with a required width twenty feet or less: the first one hundred feet in length shall be
constructed of Portland cement concrete. After the one hundred-foot distance, the driveway may be
constructed of asphalt concrete or other equivalent surface as approved by the city engineer;
E. Driveway with a required width over twenty feet: the first twenty-five feet in length shall be constructed
of Portland cement concrete. After the twenty-five-foot distance, the driveway may be constructed of
asphalt concrete or other equivalent surface as approved by the city engineer;
F. All driveway improvements shall be constructed to the satisfaction of the city engineer;
G. Driveways shall not cover more than thirty percent of the required front or street side yard area.
(Ord. 263 § 8, 1989)
9.22.110 Fencing.
A. At the time of construction of any main building, a six-foot high solid masonry fence shall be
constructed on all rear and side lot lines. The fence shall be constructed of decorative masonry with
finished appearance : ... . . . - - : consistent with the architecture of the main
building.
B. If a fence exists at the required location, the requirement may be waived by the director if it is found
that the existing fence is of sound construction with an expected life of at least ten years. For the
purposes of this section,open fences are not considered a fence meeting this requirement.
C. Front yard fencing is not required. However, if constructed, the fence shall not exceed a height of forty-
two inches in the required front and sidc yards and shall be constructed of decorative masonry
consistent with the architecture of the main building and the rear and interior side yard fence.
(Ord. 263 § 8, 1989)
9.22.120 Open space.
Usable open space shall be provided at a minimum of three hundred square feet for each dwelling unit.
This space may be provided as private outdoor living areas,balconies, decks or common recreational leisure
area. Except in the case of balconies, such areas shall be landscaped and screened from the street and
adjacent property.
(Ord. 263 § 8, 1989)
9.22.130 Landscaping.
There shall be an approved landscaping and irrigation system installed, subject to the standards of
Chapter 8.57, in all areas of the lot not covered by impervious materials at the time of construction of the
main buildings. City parkways shall be included in the landscaping.Natural areas may be integrated into the
landscape plan, provided such natural areas are free of invasive weeds or a source of blow sand.
Landscaping shall be designed to prevent irrigation water from flowing over paved surfaces. Turf areas shall
be limited, and at least 50%of lot landscaping shall be native and/or drought-tolerant plant materials.
(Ord. 263 § 8, 1989)
9.22.140 Dwelling unit size.
The minimum dwelling unit size,based on number of bedrooms, are as follows:
Bedrooms Minimum Dwelling Unit Size
4 or more 1,35000 sq. ft.
3 1,1900 sq. ft.
2 9$00 sq. ft.
1 7500 sq. ft.
Studio 600 sq. ft.
(Ord. 263 § 8, 1989)
9.22.150 Trash enclosures.
Trash enclosures constructed to the requirements of Chapter 9.88 shall be required for all developments.
(Ord. 263 § 8, 1989)
9.22.160 Design review.
Approval of development shall be processed per Chapter 9.78.
(Ord. 746 § 6,2014; Ord. 263 § 8, 1989)
Chapter 9.24
RR RESORT RESIDENTIAL DISTRICT*
Sections:
9.24.010 Purpose and intent.
9.24.020 Permitted uses.
9.24.030 Discretionary uses.
9.24.040 Prohibited uses.
I •
9.24.050 Residential density.
9.24.055 Non-residential intensity.
9.24.060 Project area requirements.
9.24.065 Minimum lot width and depth requirements.
9.24.070 Yard requirements.
9.24.080 Building site coverage.
9.24.085 Building height.
9.24.090 Parking.
9.24.100 Access to parking(driveways).
9.24.110 Fencing.
9.24.120 Open space.
9.24.130 Landscaping.
9.24.140 Dwelling unit size.
9.24.150 Trash enclosures.
9.24.160 Storage space.
9.24.170 Signs.
9.24.180 Placement of buildings.
9.24.190 Pedestrian walkways.
9.24.200 Building construction requirements.
9.24.210 Planned unit development lots.
* Prior ordinance history:Ords.80,187,212,263 and 298.
9.24.010 Purpose and intent.
To provide appropriately located areas for a variety of housing types and visitor-serving and recreation-
oriented uses in a resort development setting with ancillary commercial uses. Should there be any conflict in
the regulations in this chapter with other regulations in this code,the more restrictive regulations shall apply.
(Ord. 666 § 2, 2008)
9.24.020 Permitted uses.
Nene.
1. Short-term vacation rentals in qualifying residential dwelling units that are located within common
interest developments, all as defined in Chapter 5.96 of this Municipal Code.
(Ord. 666 § 2, 2008)
9.24.030 Discretionary uses.
A. Uses Requiring a Planned Unit Development (PUD) Permit. All uses requiring a division of land
require a planned unit development permit, including,but not limited to:
1. Condo hotel;
2. Timeshare;
3. Multiple dwelling units.
B. Uses requiring a Conditional Use Permit (CUP). All uses not requiring a division of land require a
conditional use permit, including,but not limited to:
1. Hotel;
2. Motel;
3. Bed and breakfast inn;
4. Recreational vehicle park;
5. Restaurant, except drive-thru(s);
6. Ancillary commercial;
7. Convenience food store;
8. Home occupation;
9. Public or private park;
10. Recreational uses such as a tennis club, health spa, conference or meeting room or facility, golf course,
or driving range;
11. Public utility structures and public service facilities;
12. One-family dwelling;
13. Two-family dwelling;
14. Multiple dwelling;
15. Supportive housing;
16. Transitional housingi:
17. Second Dwelling Unit/Accessory Dwelling Unit;
18. Junior Accessory Dwelling Unit;
(Ord. 731 § 8,2014; Ord. 666 § 2, 2008)
9.24.040 Prohibited uses.
Uses not listed in this chapter are expressly prohibited, including,but not limited to:
A. Drive-thru facility;
B. Industrial;
C. Auto sales and service;
D. Recreational vehicle campground;
E. Manufacturing.
(Ord. 666 § 2, 2008)
I ! . . . .. • . • • .
All legal non conforming structures and uses shall be subject to Chapter 9.66 .'onconf rming U
. . - . . • •- , . ,» . , . . • . . •..
(Ord. 666 § 2, 2008)
9.24.050 Residential density.
A. One-family, two-family and multiple dwellings shall be permitted at a range of 3 to 6.5 dwelling units
per acre on any legally created lot (net lot area). . . •- •_ . . • • . _ _
B. Fractions less than a whole unit shall not be considered an allowable unit.
- -9- ... . ".e,"
(Ord. 666 § 2,2008)
9.24.055 Non-residential intensity.
Intensity of all non-residential uses shall be determined by the required discretionary action as set forth
in Section 9.24.030. . . .•_ - . _ - _•_ _ ,•, .
e «D » •- -
-
(Ord. 666 § 2, 2008)
9.24.060 Project area requirements.
Minimum lot area for any project to be developed within the RR district shall be two and one-half acres.
(Ord. 666 § 2,2008)
9.24.065 Minimum lot width and depth requirements.
Minimum lot width and depth shall be two hundred fifty feet each.
(Ord. 666 § 2, 2008)
9.24.070 Yard requirements.
All yards shall comply with Section 9.94.110(C),"Yards."
(Ord. 666 § 2,2008)
9.24.080 Building site coverage.
A. Maximum building site coverage for a hotel, motel, condo hotel, or timeshare use shall be no more than
sixty percent.
B. Maximum building site coverage for all other uses shall be no more than forty percent.
(Ord. 666 § 2, 2008)
9.24.085 Building height.
A. Maximum building height for non-lodging facilities shall not exceed twenty-six feet; where the building
is within thirty feet of property zoned RE, Rl or R2, the building height shall not exceed sixteen feet.
The planning commission may permit an increase in the height up to twenty-six feet upon a finding that
such an increase above sixteen feet will not adversely affect adjacent properties.
B. Maximum building height for a lodging facility shall not exceed the heights shown below, "Maximum
Building Height" and at distances shown in"Distance A"and"Distance B." Building height may result
in a step-back design.
Maximum Building Height Distance A* Distance B**
16 feet Up to 30 feet
26 feet Over 30 feet to 100 feet Up to 50 feet
403-5 feet Over 100 feet to 200 feet Over 50 feet to 125 feet
50 feet*** Over 200 feet Over 125 feet
* Distance A:Distance from that portion of a building and RE,RI or R2 district boundary.
** Distance B:Distance from that portion of a building and a residential district boundary other than RE,Rl or R2,or to a non-lodging building in the RR
district.
*** The city council may approve a height greater than fifty feet for that portion of a building greater than two hundred feet from the district boundary upon
making a finding that such an increase will not adversely affect adjacent properties.
(Ord. 666 § 2, 2008)
9.24.090 Parking.
All off-street parking shall comply with Chapter 9.58,"Off Street Parking."
(Ord. 666 § 2, 2008)
9.24.100 Access to parking(driveways).
All access to parking shall comply with section 9.94.110(C),"Yards."
(Ord. 666 § 2, 2008)
9.24.110 Fencing.
All fencing requirements shall be determined by the required discretionary action as set forth in Section
9.24.030.
(Ord. 666 § 2, 2008)
9.24.120 Open space.
For residential uses, open space shall be consistent with Section 9.94.110(G), "Open space—
Residential." For nonresidential uses, open space shall be consistent with Section 9.94.110(11), "Open space
required—Nonresidential."
(Ord. 666 § 2, 2008)
9.24.130 Landscaping.
All landscaping shall comply with Section 9.94.110(I),"Landscaping standards."
(Ord. 666 § 2,2008)
9.24.140 Dwelling unit size.
The minimum dwelling unit size,based on number of bedrooms, are as follows:
Bedrooms Minimum Dwelling Unit Size
4 or more 1,350 sq.ft.
3 1,100 sq.ft.
2 9050 sq.ft.
1 750825 sq.ft.
0 6700 sq.ft.
(Ord. 666 § 2, 2008)
9.24.150 Trash enclosures.
All trash enclosures shall comply with Section 9.94.110(K), "Refuse areas:" and constructed to the
requirements of Chapter 9.88.
(Ord. 666 § 2,2008)
9.24.160 Storage space.
Storage space shall comply with Section 9.94.110(J), "Storage of recreational vehicles, trailers and
boats."
(Ord. 666 § 2,2008)
9.24.170 Signs.
All signs shall comply with Section 9.94.110(L),"Signs."
(Ord. 666 § 2, 2008)
9.24.180 Placement of buildings.
Placement of buildings shall comply with Section 9.94.110(M), "Placement of buildings."
(Ord. 666 § 2, 2008)
9.24.190 Pedestrian walkways.
All pedestrian walkways shall comply with Section 9.94.110(N),"Pedestrian walkways."
(Ord. 666 § 2, 2008)
9.24.200 Building construction requirements.
All building construction requirements shall comply with Section 9.94.110(0), "Building construction
requirements."
(Ord. 666 § 2,2008)
9.24.210 Planned unit development lots.
All planned unit development lots shall comply with Section 9.94.110(P), "Planned unit development
lots requirements."
(Ord. 666 § 2,2008)
Chapter 9.25
DRN DOWNTOWN RESIDENTIAL NEIGHBORHOOD DISTRICT
Sections:
9.25.010 Purpose and intent.
9.25.020 Permitted uses.
9.25.030 Conditional uses.
9.25.040 Prohibited uses.
9.25.050 Dwelling unit equivalent(d.u.e).
9.25.055 Single-family residential.
9.25.060 Density.
9.25.065 Architectural standards for residential development.
9.25.070 Setbacks.
9.25.080 Height.
9.25.090 Parking.
9.25.100 Fencing and screen walls.
9.25.110 Open space/patios.
9.25.120 Trash and recycling facilities.
9.25.130 Design review.
9.25.140 Conditional use permits.
9.25.010 Purpose and intent.
To provide appropriately located areas for residential dwellings at a medium to high range of population
density,and to provide space for community facilities needed to complement urban residential uses.
(Ord. 565 § 4, 2002)
9.25.020 Permitted uses.
The following uses shall be permitted in the DRN district:
Home occupations;
One-family dwellings lawfully in existence as of July 1, 2002, subject to Section 9.25.055;
Multiple-family dwellings on a minimum lot size of twenty-one thousand square feet;
Occupational activities within a live/work unit subject to the approval of a live/work permit. Such
activities shall not have excessive emissions,exhausts,noise,vibrations, dust,heat, odors, or glare;
Supportive housing;
Transitional housing;
Employee Housing;
Second Dwelling Unit/Accessory Dwelling Unit;
Junior Accessory Dwelling Unit;
(Ord. 731 § 9,2014; Ord. 607 § 2, 2005; Ord. 565 § 4,2002)
9.25.030 Conditional uses.
The following uses may be permitted subject to the issuance of a conditional use permit pursuant to
Chapter 9.72:
Schools and places of worship;
Hotels or inns;
Motels;
Bed and breakfast inns;
Nonresidential uses; such as outdoor common recreation facilities and parks;
Multiple-family dwellings on lots between ten thousand square feet and twenty thousand ninety-nine
square feet shall be subject to the requirements of Section 9.25.060;
New construction and/or conversion of existing dwelling units to live/work units subject to the
following:
1. The live/work unit shall specifically be designed to be consistent with the DRN (downtown residential
neighborhood)district.
2. Complete kitchen space and sanitary facilities in compliance with all applicable codes.
3. The work space shall not occupy more than forty percent of the unit.
4. The minimum square footage of a live/work unit shall be one thousand two hundred fifty square feet.
5. All work activities and work space shall be limited to the first floor.
6. Signage can have a maximum of three square feet and illumination is prohibited.
(Ord. 607 § 3,2005; Ord. 565 § 4, 2002)
9.25.040 Prohibited uses.
Uses not listed in this chapter are expressly prohibited. No land shall be used nor buildings and
structures hereafter be erected, altered, enlarged, or otherwise modified in this zoning district unless said use
and improvement is in compliance with the district provisions.
(Ord. 565 § 4,2002)
9.25.050 Dwelling unit equivalent(d.u.e).
For the purposes of determining multiple-family density, the following dwelling unit equivalent
formulas shall be used.
A. Studio units shall be calculated at one half dwelling units.
B. One bedroom units shall be calculated at three fourth dwelling units.
C. Two bedroom units shall be calculated at one dwelling units.
D. Additional bedrooms shall be calculated at additional one half dwelling units. For example, a three-
bedroom unit would be one and one half D.U.E.
(Ord. 565 § 4, 2002)
9.25.055 Single-family residential.
One-family dwellings may be retained or replaced on a legally nonconforming lot of record having at
least one public street frontage of fifty feet or more and a minimum lot area of at least four thousand five
hundred square feet. Any exterior modifications or reconstruction requiring a building permit is subject to
design review per Chapter 9.78.
(Ord. 607 § 4,2005)
9.25.060 Density.
The following densities are available subject to the approval process described in Sections 9.25.020 and
9.25.030:
Lot Size Density
10,000 to 20,999 square feet 1 D.U.E.to 2,200 square feet of net lot area
21,000 to 41,999 square feet 1 D.U.E.to 1,600 square feet of net lot area
Greater than 42,000 square feet 1 D.U.E.to 1,200 square feet of net lot area
(Ord. 607 § 5, 2005; Ord. 565 § 4, 2002)
9.25.065 Architectural standards for residential development.
The standards in the downtown development guidelines shall be applied for all residential development
in the DRN zone.
(Ord. 607 § 6, 2005)
9.25.070 Setbacks.
A. Street/alley: average of fifteen feet.
B. Interior: zero feet, or not less than ten feet.
C. Yards that are adjacent to commercial districts shall be a minimum of ten feet from the property line.
Exception: detached garages and/or carports may be located zero feet from the property line.
D. Porches and steps may extend a maximum of five feet into the street/alley side setback.
(Ord. 565 § 4,2002)
9.25.080 Height.
A. Building height shall be measured from the adjacent sidewalk or finished grade, whichever is greater in
elevation,to the top of cornice,parapet, or eave line. Buildings located on sloped lots shall be measured
from the highest elevation point of the finished grade.
B. Height shall not exceed thirty-six feet except:
C. Single family residential shall not exceed twenty-six feet.
D. Additional height may be approved for buildings constructed above subsurface or surface parking, but
in no case shall the overall height exceed forty-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. 565 § 4, 2002)
9.25.090 Parking.
Parking shall be determined based upon the following. At least one space per unit shall be enclosed
within a garage.
A. Studio units shall provide one space per unit.
B. One-bedroom units shall provide one and one half spaces per unit.
C. Two-bedroom units shall provide two spaces per unit.
D. Each additional bedroom shall provide one-quarter space per unit.
E. Multiple-family projects shall provide guest parking at twenty-five percent of the total required parking.
F. Customer parking for live/work units shall have a rate of one space per unit.
G. All parking spaces shall meet the minimum dimensions described in Chapter 9.58. Compact spaces are
not considered when calculating required parking.
(Ord. 607 § 7,2005; Ord. 565 § 4,2002)
9.25.100 Fencing and screen walls.
A. All fencing shall comply with Section 9.80.120 of the Cathedral City Municipal Code.
B. When open parking areas are located adjacent to perimeter walls, a minimum five-foot landscape
planter shall be provided adjacent to the walls with screen trees planted at a maximum spacing of
twenty feet on center.
(Ord. 607 § 8, 2005; Ord. 565 § 4, 2002)
9.25.110 Open space/patios.
A. Common, useable open space shall be provided for all buildings containing four or more units. A
minimum total of two hundred ten square feet of total open space shall be provided for each dwelling
unit.
B. Landscaped courtyards and/or garden areas of at least one hundred square feet per dwelling unit shall be
provided.
C. In addition to landscaped common areas, at least sixty square feet per dwelling unit of common outdoor
paved deck or patio space shall be provided. This may be in the form of paved areas, common roof deck
space, swimming pool and deck area, or any combination thereof.Required outdoor paved deck or patio
areas shall be directly connected to the required landscape common areas by walks, stairs and/or ramps.
D. At least fifty square feet of private open space shall be provided for each dwelling unit. This space shall
be in the form of a patio,deck or balcony attached to the individual dwelling unit.
E. All multi-family developments containing twenty or more dwelling units shall provide a swimming
pool. Other amenities, such as tennis courts or facilities for other court sports, barbecue pits, tot lots,
laundry rooms and recreation rooms shall be required in accordance with applicable city guidelines for
larger developments.
(Ord. 565 § 4,2002)
9.25.120 Trash and recycling facilities.
Trash and recycling enclosures, constructed to cite GtandafEls the requirements of Chapter 9.88, shall be
required for all developments with three or more dwelling units that have alley or private common drive
access capable of accommodating refuse removal vehicles, and all developments with five or more dwelling
units regardless of access. The trash/recycling enclosure shall not be situated within twenty-five feet of the
front or main entrance to any dwelling on-site or on adjacent properties.
(Ord. 565 § 4, 2002)
9.25.130 Design review.
Approval of design review applications shall be processed pursuant to Chapter 9.78.
(Ord. 607 § 9,2005)
9.25.140 Conditional use permits.
Conditional use permits shall be processed pursuant to Chapter 9.72.
(Ord. 607 § 10,2005; Ord. 565 § 4, 2002)
Chapter 9.26
PPO PLANNED PROFESSIONAL OFFICE DISTRICT
Sections:
9.26.010 Purpose and intent.
9.26.020 Permitted uses.
9.26.030 Conditional uses.
9.26.040 Prohibited uses.
9.26.050 Development standards.
9.26.060 Other special requirements.
9.26.010 Purpose and intent.
To provide appropriately located areas for the development of professional and administrative office
space together with landscaping and off-street parking facilities served by the primary access. It is intended
that this zone protect professional administrative offices from noise disturbances and other objectionable
pollutions from industrial uses. It The PPO district is also useful as a buffer district between residential and
commercial districts, or between highways major roadways and adjacent residential uses.
(Ord. 80 Art. IV(B)(1)(a), 1984)
9.26.020 Permitted uses.
A. The following uses shall be permitted within the PPO district; all such uses shall be conducted wholly
within a totally enclosed building:
Administrative, financial or professional offices, excluding banks;
Artist's studio;
Art school;
Cannabis Testing laboratory;
Clinic,medical or dental;
Counseling services;
Data processing service;
Dental or medical assistant or technician school;
Design studio;
Detective service;
Employment agency;
Laboratory,medical or dental;
Language school;
Letter or mailing service;
Library;
Messenger service;
Microfilm
0 0;
Modeling school;
Photography service or studio;
Secretarial or clerical service;
Temporary uses subject to the conditions of Chapter 9.68;
B. The following uses shall be permitted in the PPO district only when such uses are conducted wholly
within a totally enclosed building in which a minimum of fifty percent of the floor area is occupied by
one or more of the uses enumerated in subsection A of this section:
Art gallery;
Barbershop;
Beauty shop;
Bookstore;
Candy store;
Custom tailoring shop;
Drapery shop;
Florist;
Gift shop;
Interior decorating shop;
Millinery shop;
Pharmacy;
Restaurant, coffee shop or tearoom,excluding drive-in or fast-food restaurants;
Travel agency;
(Ord. 789 § 5, 2017; Ord. 139 § 2, 1986; Ord. 80 Art. IV(B)(l)(b), 1984)
9.26.030 Conditional uses.
The following uses are permitted subject to the acquisition of a conditional use permit in accordance
with Chapter 9.72 and only when conducted within a wholly enclosed building, except that a parking lot
need not be within a building:
Church;
Exhibit hall;
Hospital;
Museum;
Nursing home;
Office supply store;
Parking lot or parking structure as an accessory use, which lot or structure need not be on the lot
wherein is located the main use to which it is accessory;
Public utility structures and public service facilities;
Retail store,used;
Vocational school other than those permitted in Section 9.26.020;
(Ord. 502 § 1, 1999; Ord. 80 Art. IV(B)(1)(c), 1984)
9.26.040 Prohibited uses.
A. Uses not listed in this chapter are expressly prohibited. No land shall be used nor buildings and
structures hereafter be erected, altered, enlarged, or otherwise modified in this zoning district unless
said use and improvement is in compliance with the district provisions.
B. Outdoor advertising displays and billboards are expressly prohibited.
C. Manufacturing uses are expressly prohibited.
(Ord. 212 § 12, 1988; Ord. 80 Art. IV(B)(1)(d), 1984)
9.26.050 Development standards.
The following standards of development shall apply in the PPO district:
A. Lot size and configuration standards shall be the same as those in the R3 district;
B. Maximum building height shall be the same as that allowed in the R3 district;
C. Minimum front yard shall be fifteen feet except on a lot situated between lots already improved with
buildings with reduced front yards, the minimum front yard depth shall be the average of the front yard
depths of the adjacent lots;
D. Side yard, streetside yard and rear yard standards shall be the same as those in the R3 district;
E. All signs must conform to the provisions of Chapter 9.62;
F. Parking requirements shall be as specified under the provisions of Chapter 9.58.
(Ord. 80 Art. IV(B)(1)(e), 1984)
9.26.060 Other special requirements.
The following additional requirements shall be enforced in the PPO district:
A. Trash enclosure provisions of the R3 district shall apply;
B. Architectural and site plan review shall be required for the development of each site to assure harmony,
convenience and aesthetic quality while considering the building design, location of the site, set backs,
off-street parking and loading,and landscaping provisions of the development proposal;
C. Landscaping and irrigation plans shall be approved by city staff prior to installation.
(Ord. 80 Art. IV(B)(1)(f), 1984)
Chapter 9.28
PLC PLANNED LIMITED COMMERCIAL DISTRICT
Sections:
9.28.010 Purpose and intent.
9.28.020 Permitted uses.
9.28.030 Conditional uses.
9.28.040 Prohibited uses.
9.28.050 Development standards.
9.28.060 Other required conditions.
9.28.010 Purpose and intent.
To provide areas for convenient shopping within residential neighborhoods which are planned and
designed to meet neighborhood shopping needs.
(Ord. 80 Art. IV(B)(2)(a), 1984)
9.28.020 Permitted uses.
The following uses shall be permitted in the PLC district:
A. Retail stores:
Apparel (not exceeding two thousand square feet;
Auto parts(not exceeding two thousand square feet;
Bakery;
Book or stationery store;
Confectionery store;
Drug store;
Dry goods or notions store;
Florist or gift shop;
Grocery, fruit or vegetable store;
Hardware,paint or electrical appliance store;
Jewelry store;
Meat market or delicatessen store.
B. Office ice:
Automobile parking lot;
Offices, business or professional not exceeding two thousand square feet per business or professional
entity.
C. Services:
Bank or similar financial institution;
Barber shop and/or beauty parlor;
Cafe or restaurant - .. - :. . . • . . .•. ' • •
Cannabis Testing laboratory;
Clinic—medical, dental, chiropractic or chiropodist;
Clothes cleaning agency and/or pressing establishment;
Community center;
Dressmaker or millinery shop;
Laundry agency or self-serve;
Library;
Photographer;
Post Office;
Shoe store and repair;
Tailor.
Such other similar uses as are approved by the planning commission.
(Ord. 789 § 6, 2017; Ord. 80 Art. IV(B)(2)(b), 1984)
9.28.030 Conditional uses.
The following uses are permitted subject to the issuance of a conditional use permit pursuant to Chapter
9.72:
Apparel stores in excess of two thousand square feet;
Automobile service station, provided that only minor repairing, battery charging, storage of
merchandise and supplies,and lubrication be permitted so long as conducted within a building;
Auto parts stores in excess of two thousand square feet;
Hotels and motels;
Liquor stores;
Offices of any type exceeding two thousand square feet;
Public service facilities and public utility structures;
Retail store,used.
(Ord. 502 § 1, 1999; Ord. 241 § 3, 1989; Ord. 80 Art. IV(B)(2)(c), 1984)
9.28.040 Prohibited uses.
A. Uses not listed in this chapter are expressly 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.
B. Manufacturing uses are expressly prohibited.
(Ord. 529 § 3, 2000; Ord. 212 § 13, 1988; Ord. 80 Art. IV(B)(2)(d), 1984)
9.28.050 Development standards.
The following standards shall apply within the PLC district:
A. All stores, shops or businesses shall be operated wholly within an enclosed building (except automobile
service and parking);
B. All products produced on-site, if any, whether primary or incidental shall be sold at retail on the
premises and no more than two persons shall be engaged in such production (except in café or
restaurant uses)or in the servicing of vehicles or materials;
C. Enterprises which produce or cause any dust, gas, smoke, noise, fumes, odors, or vibrations which in
the opinion of the planning commission are detrimental to other property in the neighborhood or to the
welfare of the occupants are not permitted;
D. Accessory uses (not including open storage) customarily incidental to any of the permitted uses and
accessory buildings,when located on the same lot, shall be permitted;
E. Minimum lot area shall be eight thousand gross square feet;
F. Maximum building height shall be thirty feet.
(Ord. 80 Art. IV(B)(2)(e), 1984)
9.28.060 Other required conditions.
Architectural and site plan approval pursuant to Chapter 9.78 shall be required for all principal
structures including buildings, carports, garages, screen walls, fences and trash enclosures.
(Ord. 80 Art. IV(B)(2)(f), 1984)
Chapter 930
PCC PLANNED COMMUNITY COMMERCIAL DISTRICT
Sections:
9.30.010 Purpose and intent.
9.30.020 Permitted uses.
9.30.030 Conditional uses.
9.30.040 Prohibited uses.
9.30.050 Development standards.
9.30.060 Other required conditions.
9.30.010 Purpose and intent.
To provide for retail and service commercial uses which are of a relatively high intensity and are
necessary to provide a wide range of shopping facilities and goods, professional and administrative offices
and entertainment.
(Ord. 80 Art. IV(B)(3)(a), 1984)
930.020 Permitted uses.
Animal clinics;
Any permitted use listed in the PLC district;
Cocktail lounges and bars;
Health Clubs, gyms or studios not exceeding five thousand square feet and not operating more than 12
hours within a 24 hour period;
Hotels and motels;
New auto and truck sales;
Nurseries;
Recycling collection facility(small);
Restaurants;
Sexually oriented businesses, subject to full compliance with all licensing and regulatory provisions of
Chapter 5.18 of this code;
Theaters;
(Ord. 373 § 2, 1992; Ord. 347 § 2(a), 1992; Ord. 304 § 3, 1990; Ord. 80 Art. IV(B)(3)(b), 1984)
9.30.030 Conditional uses.
The following uses may be permitted subject to the issuance of a conditional use permit pursuant to
Chapter 9.72:
Any use involving outdoor activity or storage except those permitted uses listed in Section 9.30.020,
parking appurtenant to other permissible uses;
Auctions;
Automobile repair shops;
Automobile service stations;
Carwashes,limited to self-serve and full-serve only;
Commercial recreation facilities;
Cannabis Cultivation sites;
Cannabis Dispensaries;
Cannabis Distribution sites;
Cannabis Testing laboratories;
Fast-food restaurants and drive-thrus;
Game arcades;
Private clubs and lodges;
Public service facilities and public utility structures;
Retail store—used;
Tattooing establishments(as defined by Chapter 5.34 of this code);
Vehicle rental establishments and used vehicle sales (except used vehicles sold in conjunction with the
operation of a manufacturer licensed new vehicle sales dealership) subject to the provisions of Section
9.96.170 pertaining to special provisions applying to miscellaneous problem uses;
Vocational or trade schools;
Such other similar uses as are approved by the planning commission.
(Ord. 801 § 2, 2017; Ord. 789 § 7, 2017; Ord. 774 § 3, 2016; Ord. 738 § 5, 2014; Ord. 685 § 2, 2009; Ord.
502 § 1, 1999; Ord. 419 § 2, 1995; Ord. 373 § 3, 1992; Ord. 347 § 2(b), 1992; Ord. 241 § 4, 1989; Ord. 227
§ 2, 1988; Ord. 80 Art. IV(B)(3)(c), 1984)
9.30.040 Prohibited uses.
A. Uses not listed in this chapter are expressly prohibited. No land shall be used nor buildings and
structures hereafter be erected, altered, enlarged, or otherwise modified in this zoning district unless
said use and improvement is in compliance with the district provisions.
B. Manufacturing uses are expressly prohibited.
(Ord. 529 § 3, 2000; Ord. 212 § 14, 1988; Ord. 80 Art. IV(B)(3)(d), 1984)
9.30.050 Development standards.
The following standards shall apply within the PCC district:
A. Lot size and configuration standards shall be the same as those in the PLC district;
B. Maximum building height shall be thirty-six feet;
C. All products produced on site, if any, whether primary or incidental, shall be sold at retail on the
premises and no more than two persons shall be engaged in such production (except in cafe or
restaurant uses)or in the servicing of vehicles or materials;
D. All signs shall conform to the standards of the sign regulations;
E. Enterprises which produce or cause any dust, gas, smoke,noise, fumes, odors or vibrations which in the
opinion of the planning commission are detrimental to other property in the neighborhood or to the
welfare of the occupants are not permitted;
F. Accessory uses (not involving open storage) customarily incidental to any of the permitted uses and
accessory buildings,when located on the same lot, shall be permitted; and
G. All goods, wares, merchandise, produce and other commodities which are stored, repaired, offered or
displayed for sale or exchange shall be housed in permanent buildings unless being transported, with the
exception of business operations customarily transacted out-of-doors, such as(but not limited to):
1. Automobile service stations,
2. Vehicle sales or rental agencies,
3. Outdoor dining,
4. Plant nursery sales,
5. Statuary or tombstone sales.
(Ord. 141 § 2, 1986; Ord. 80 Art. IV(B)(3)(e), 1984)
9.30.060 Other required conditions.
Architectural and site plan approval pursuant to Chapter 9.78 shall be required for all principal
structures including buildings, carports, garages, screen walls, fences and trash enclosures.
(Ord. 80 Art. IV(B)(3)(f), 1984)
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.
931.060 Setbacks.
9.31.070 Height.
9.31.080 Site access.
9.31.090 Parking.
9.31.100 Trash and recycling facilities.
931.110 Design review.
931.120 Conditional use permit.
9.31.130 Additional requirements for single room occupancy facilities.
9.31.140 Additional development standards for single room occupancy facilities.
9.31.010 Purpose and intent.
To provide for retail and service commercial uses which are of a high intensity and are 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) ,
(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;
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)
931.035 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)
931.040 Uses when adjacent to DRN.
When multiple parcels are part of a single development, and the zoning for the development is a
mixture of MXC (mixed use commercial) and DRN (downtown residential neighborhood), the provisions of
either zone shall apply to the entire project area. The planning commission at the time of project approval
shall make a finding that states the proposed development is in compliance with the EIR, and any
revisions/modifications,that were previously adopted for the entire downtown redevelopment project.
(Ord. 697 § 2, 2010; Ord. 565 § 5,2002)
9.31.050 Prohibited uses.
A. The following are prohibited uses in the MXC district:
Manufacturing uses;
Mini warehousing;
Motel;
Residential on the first floor fronting the north side of East Palm Canyon Drive and/or Town Square;
Retail-used;
School(ground floor);
Tattoo and body piercing establishment;
Wholesale tobacco store.
B. Uses not specifically listed in this chapter as permitted or conditionally permitted are expressly
prohibited. No land shall be used nor buildings and structures hereafter be erected, altered, enlarged, or
otherwise modified in this zoning district unless said use and improvement is in compliance with the
district provisions.
(Ord. 697 § 2, 2010; Ord. 565 § 5,2002)
9.31.055 Special regulations for certain drive-thru facilities.
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 of three hundred
twenty feet east of the center line of Monty Hall Drive.
B. The allowed drive-thru facility shall obtain a conditional use permit per Chapter 9.72 of the municipal
code.
C. The drive-thru facility shall incorporate a porte-cochere of at least thirty-five feet in length or as long as
fifty percent of the adjoining length of the building,whichever is greater.
D. An eating establishment with a drive-thru facility shall also provide an outdoor dining area with a
pleasant and inviting ambiance.
E. The approval body shall make the following findings in approving a conditional use permit for drive-
thru facilities:
1. The drive-thru lanes are screened from the public right-of-way and adjacent properties or uses;
2. Drive-thru service does not constitute a nuisance to adjacent property owners due to traffic, noise,
odors,or lighting;
3. The drive-thru facility does not create vehicular congestion on site, on adjacent properties, or with the
public right-of-way;
4. The drive-thru facility does not conflict with pedestrian movements;
5. The 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)
931.120 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)
Imummui
Chapter 9.32
CTR COMMERCIAL TOURIST AND RECREATION ZONE DISTRICT
Sections:
9.32.010 Purpose and intent.
9.32.020 Permitted uses.
9.32.030 Conditional uses.
9.32.040 Prohibited uses.
932.050 Development standards.
9.32.060 Other required conditions.
9.32.010 Purpose and intent.
To accommodate commercial uses which serve the tourist trade. Uses can include a combination of
retail and service commercial as well as hotel, motel and other transient use facilities. Limited residential
uses may be accommodated sSo long as a majority of the site is not devoted to such uses, limitea resia t' l
• - ' • • - • ..• . (Ord. 80 Art. IV(B)(4)(a), 1984)
9.32.020 Permitted uses.
Banks and savings&loans;
Camera shops,photographic studios;
Clothing stores;
Drug stores,delicatessens,and grocery stores;
Dry goods,notions and souvenir stores;
Florist shops;
Golf courses;
Hotels;
Jewelry stores;
Laundry agencies,or shops with coin-operated washers, dryers, or dry cleaning machines;
Motels;
Pharmacies and drug stores;
Professional offices;
Public parks and recreation facilities;
Restaurants with or without cocktail lounges,tea rooms or cafes; excluding fast-food restaurants;
Sexually oriented businesses, subject to full compliance with all licensing and regulatory provisions of
Chapter 5.18 of this code;
Sporting goods shops;
Such other tourist-serving uses of a similar nature as are approved by the planning commission. (Ord.
347 § 3, 1992; Ord. 80 Art.IV(B)(4)(b), 1984)
932.030 Conditional uses.
The following uses are permitted subject to obtaining a conditional use permit in accordance with
Chapter 9.72:
Commercial recreation facilities;
Multi-family dwelling units up to twenty dwelling units per gross acre;
Public utility structures and public service facilities;
Recreational vehicle park subject to provisions of Chapter 9.84;
Retail store,used;
Time share residential developments. (Ord. 502 § 1, 1999; Ord. 80 Art. IV(B)(4)(c), 1984)
9.32.040 Prohibited uses.
A. Uses not listed in this chapter are expressly prohibited. No land shall be used nor buildings and
structures hereafter be erected, altered, enlarged, or otherwise modified in this zoning district unless
said use and improvement is in compliance with the district provisions.
B. Manufacturing uses are expressly prohibited.
(Ord. 529 § 3,2000; Ord. 212 § 15, 1988; Ord. 80 Art.IV(B)(4)(d), 1984)
9.32.050 Development standards.
The following standards of development shall apply in the CTR district:
A. Lot size and yard requirements shall be the same as those in the R3 district;
B. Minimum lot area shall be ten thousand square feet;
C. Maximum site coverage shall be fifty percent;
D. Parking requirement shall be determined on the basis of specific uses as defined in Chapter 9.58;
E. Maximum building height shall be thirty-six feet or three stories; and
F. Signs shall be subject to the provisions of Chapter 9.62.
(Ord. 80 Art. IV(B)(4)(e), 1984)
9.32.060 Other required conditions.
Architectural and site plan approval pursuant to Chapter 9.78 shall be required for all principal
structures including buildings, carports,garages, screen walls, fences and trash enclosures.
(Ord. 80 Art. IV(B)(4)(f), 1984)
Chapter-9:34
Section:
9.3.010 Purpos
9.34.020 Prohibited
9:347030-Permitted-uses:
9:347040-Conditional-uses:
9.34.050 Developm nt standards.
¢34.060 Oth, ed c .
9734:04-0-Purpose-and-intent
Q
To provide a land use area which creates a transition between office, commercial and light industrial
(Ord. 80 Art.IV(B)(5)(a), 1984)
9.34.020 Prohibited .
(Ord. 212 § 16, 1988; Ord. 80 Art. IV(B)(5)(b), 1981)
9,347030-Permitted-uses:
Any permitted use listed in the PCC district;
Glass and mirror stores;
Off street parking or parking structures;
Parcel delivery service;
Second hand stores;
Chapter 5.18 of this code;
Wholesale or service businesses catering directly to the consumer;
(Ord. 529 § 3, 2000; Ord. 189 § 2, 1998; Ord. 317 § 1(a), 1992; Ord. 80 Art. IV(B)(5)(c), 1981)
9,347040-Conditional-uses:
The following uses may be permitted . .•- . .. - . • _. . . . - ._ -•• ..
•
Chapter 9.72:
Any permitted use (including equipment rental yards) proposing outside storage or outdoor activities;
Auction houses;
Automobile repair shops;
Automobile service stations;
Car wash, limited to self serve and full serve only;
Public service facilities and public-art' ;
Recycling center;
Recycling collection facility(large);
Tattooing establishments(as defined by Chapter 5.34 of this code;
Vehicle rental establishments and used vehicle . - - - - - • - - - •• - •- • • •-
(Ord. 685 § 3, 2009; Ord. 119 § 2, 1995; Ord. 373 § 1, 1992; Ord. 317 § 4(b), 1992; Ord. 301 § 1, 1990;
Ord. 211 §§ 5, 6, 1989; Ord. 80 Art. IV(B)(5)(d), 1984)
9.34.050 Develop of
.. . . . .. . ... •• •- : • -• :
• -
C. Minimum lot width shall be eighty feet;
D. Minimum front yard shall be fifteen feet;
minimum of ten feet;
yard may be zero feet;
J. Parking requirement shall be determined on the basis of specific uses as prescribed in Chapter 9.58;
(Ord. 80 Art. IV(B)(5)(e), 1981)
9.34.060 Oche red co
A. Architectural and site plan approval pursuant to Chapter 9.78 shall be required for all principal
... - . - ... - •.-• '.
(Ord. 80 Art. IV(B)(5)(f), 1984)
Chapter 9.36
CBP-2 COMMERCIAL BUSINESS PARK DISTRICT
Sections:
9.36.010 Purpose and intent.
9.36.020 Prohibited uses.
9.36.030 Permitted uses.
9.36.040 Conditional uses.
9.36.050 Development standards.
9.36.060 Other required conditions.
9.36.010 Purpose and intent.
To provide a land use area which creates a transition between office, commercial and light industrial
uses. This district is intended to provide a stronger bridge between the commercial and light industrial use
categories and to allow the establishment of "business park" areas of mixed uses composed of office,
commercial and industrial uses.
(Ord. 80 Art. IV(B)(6)(a), 1984)
9.36.020 Prohibited uses.
Uses not listed in this chapter are expressly 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. 212 § 17, 1988; Ord. 80 Art. IV(B)(6)(b), 1984)
9.36.030 Permitted uses.
Any permitted use listed in the CBP 1 PCC district;
Administrative,professional, educational offices and financial institutions;
Automobile repair shops;
Glass and mirror stores;
Off-street parking or parking structures;
Parcel delivery service;
Second hand stores;
Light manufacturing and assembly subject to performance standards class A as defined in Chapter 9.86;
Sexually oriented businesses, subject to full compliance with all licensing and regulatory provisions of
Chapter 5.18 of this code;
Wholesale businesses, storage buildings or enterprises(unless listed below as a conditional use);
Such other commercial or industrial businesses of a similar nature as are approved by the planning
commission.
(Ord. 685 § 4, 2009; Ord. 529 § 3,2000; Ord. 347 § 5(a), 1992; Ord. 80 Art. IV(B)(6)(c), 1984)
9.36.040 Conditional uses.
The following uses may be permitted subject to the issuance of a conditional use permit pursuant to
Chapter 9.72:
Any permitted use proposing outside storage or outdoor activities other than outdoor off-street parking;
Auction houses;
Automobile body and collision shops;
Automobile service stations;
Cocktail lounges and bars not located within three hundred feet of any residential district;
Cannabis Cultivation sites;
Cannabis Dispensaries;
Cannabis Distribution sites;
Cannabis Testing laboratories;
Car wash, limited to self-serve and full-serve only;
Manufacturing sites;
Mini-warehouses;
Public service facilities and public utility structures;
Recycling center;
Recycling collection facility(large);
Retail store,used;
Tattooing establishments(as defined by Chapter 5.34 of this code);
Vehicle rental establishments and used vehicle sales (except used vehicles sold in conjunction with the
operation of a manufacturer licensed new vehicle sales dealership) subject to the provisions of Section
9.96.170 pertaining to special provisions applying to miscellaneous problem uses;
Such other uses as are listed as conditional uses in the ra��PCC districts.
(Ord. 801 § 2, 2017; Ord. 789 § 8, 2017; Ord. 774 § 4, 2016; Ord. 738 § 4, 2014; Ord. 685 § 5, 2009; Ord.
502 § 1, 1999; Ord. 489 § 3, 1998; Ord. 419 § 2, 1995; Ord. 347 § 5(b), 1992; Ord. 304 § 5, 1990; Ord. 241
§ 7, 1989; Ord. 80 Art. IV(B)(6)(d), 1984)
9.36.050 Development standards.
The following standards of development shall apply in the CBP-2 district:
A. Minimum lot size shall be eight thousand square feet;
B. Minimum lot depth shall be one hundred feet;
C. Minimum lot width shall be eighty feet;
D. Minimum front yard shall be fifteen feet;
E. Minimum side yard shall be zero feet except where abutting a residential district the side yard shall be a
minimum of ten feet;
F. Minimum side yard abutting a street shall be ten feet;
G. Minimum rear yard shall be fifteen feet except where abutting a less restrictive district wherein the rear
yard may be zero feet;
H. Maximum site coverage shall be fifty-five percent;
I. Maximum building height shall be thirty-six feet or three stories,whichever is less;
J. Parking requirement shall be determined on the basis of specific uses as prescribed in Chapter 9.58;
K. Signs shall be subject to the provisions of the sign regulations in Chapter 9.62.
(Ord. 80 Art. IV(B)(6)(e), 1984)
9.36.060 Other required conditions.
A. Architectural and site plan approval pursuant to Chapter 9.78 shall be required for all principal
structures including buildings, carports, garages, screen walls, fences, trash enclosures, and outdoor
advertising structures;
B. Proposed uses abutting residential districts shall submit detailed plans for screening and landscaping the
common boundary with the residential district;
C. All developments shall have landscaping and irrigation plans approved by city staff before installation;
and
D. All uses shall be subject to the performance standards prescribed in Chapter 9.86.
(Ord. 80 Art. IV(B)(6)(f), 1984)
Chapter 9.38
NBP NEIGHBORHOOD BUSINESS PARK(TRANSITION)DISTRICT
Sections:
9.38.010 Purpose.
938.020 Prohibited uses.
9.38.030 Permitted uses.
9.38.040 Conditional uses.
9.38.050 Development standards.
9.38.060 Other required conditions.
9.38.010 Purpose.
To provide a land use area which creates a transition between residential, office, and commercial uses.
(Ord. 530 § 3, 2000; Ord. 80 Art. IV(B)(7), 1984)
938.020 Prohibited uses.
A. Uses not listed in this chapter are expressly prohibited. No land use shall be-used occur nor buildings
and structures hereafter be erected, altered, enlarged or otherwise modified in this zoning district unless
said use and improvement is in compliance with the district provisions.
B. Sexually oriented businesses.
(Ord. 530 § 3, 2000; Ord. 80 Art. IV(B)(7), 1984)
938.030 Permitted uses.
Animal clinics,veterinarians(no overnight facilities);
Caretakers' residence with permitted main use;
Cemeteries,mortuaries,crematorium,and columbaria;
Landscape nurseries;
Medical clinics,hospitals;
Office,government,professional and medical;
Recreational facilities(indoors);
Research and development services;
Schools,public or private;
Neighborhood Services:
1. Banks or similar financial institutions,
2. Barber shops and/or beauty parlors,
3. Café or restaurant(excluding dancing,entertainment or alcoholic beverage service),
4. Clothes cleaning establishments,
5. Clothing alterations, dressmaking and millinery shops,
6. Clothing laundry including self service,
7. Copy,blueprint and reproduction services,
8. Day care centers,
9. Florist shops,
10. Gift shops,
11. Office supplies,
12. Pharmacy and drug stores,
13. Photographic processing and studios,
14. Shoe repair;
Cannabis Testing laboratory;,
(Ord. 789 § 9, 2017; Ord. 530 § 3,2000; Ord. 80 Art. IV(B)(7), 1984)
9.38.040 Conditional uses.
The following uses may be permitted subject to the issuance of a conditional use permit pursuant to
Chapter 9.72:
Animal clinics,veterinarians(with overnight facilities);
Assisted living and congregate care facilities, subject to the standards of the R-3 zone, and Chapter
9.98;
Café or restaurant with alcoholic beverage service or entertainment;
Churches;
Golfmg facilities,driving ranges,academies;
Public service and public utility.
(Ord. 530 § 3,2000; Ord. 80 Art. IV(B)(7), 1984)
938.050 Development standards.
The following standards of development apply to the NBP unless otherwise specified in approved
planned unit development, specific plan or precise plan:
A. Minimum lot size shall be twenty-two thousand five hundred square feet;
B. Minimum lot depth shall be one hundred fifty feet;
C. Minimum lot width shall be one hundred fifty feet;
D. Front yard setbacks are as follows:
1. Thirty feet, when facing a major or secondary thoroughfare,
2. Fifteen feet,when facing a collector,local or private street;
E. Side yard and rear yard setbacks are as follows:
1. None,when adjacent to a commercial or industrially zoned property,
2. Twenty feet of landscaping, when adjacent to a residential zone or use. Buildings shall be set back a
distance equal to their height,
3. When siding or backing on a public street,the setbacks shall be the same as the front yards;
F. All required yards shall be landscaped and maintained pursuant to an approved landscape plan;
G. Building coverage—no requirement;
H. Building height—none, except where abutting a residential district or use in which case the maximum
height shall be equal to the building's setback from the residential zone or use, in no case shall the
setback be less than twenty feet;
I. Parking requirement shall be determined on the basis of specific uses as prescribed in Chapter 9.58;
J. Signs shall be subject to the provisions of the sign regulations as prescribed in Chapter 9.62.
(Ord. 530 § 3, 2000; Ord. 80 Art. IV(B)(7), 1984)
9.38.060 Other required conditions.
A. Architectural and site plan approval pursuant to Chapter 9.78 shall be required for all principal
structures including buildings,carports,garages, screen walls, fences,parking lots and trash enclosures.
B. Proposed uses abutting residential districts shall submit detailed plans for screening and landscaping the
common boundary with the residential district.
C. All developments shall have landscaping and irrigation plans approved by city staff before installation.
D. All uses shall be subject to the performance standards prescribed in Chapter 9.86.
E. All development shall comply with requirements for outdoor storage and trash enclosures prescribed in
Chapter 9.88.
(Ord. 530 § 3,2000; Ord. 80 Art. IV(B)(7), 1984)
Chapter 9.40
I-1 LIGHT INDUSTRIAL DISTRICT
Sections:
9.40.010 Purpose and intent.
9.40.020 Prohibited uses.
9.40.030 Permitted uses.
9.40.040 Conditional uses.
9.40.050 Development standards.
9.40.060 Other required conditions.
9.40.010 Purpose and intent.
To provide a wide diversity of light industrial and service commercial uses in areas where such uses are
not likely to have adverse effects upon each other or upon neighboring residential or commercial areas. Uses
permitted are those generally regarded as "light industry," conducted primarily indoors, but which may
require limited outdoor storage or assembly areas.
(Ord. 80 Art. IV(C)(1)(a), 1984)
9.40.020 Prohibited uses.
Uses not listed in this chapter are expressly prohibited. No land use shall be used nor buildings and
structures hereafter be erected, altered, enlarged, or otherwise modified in this zoning district unless said use
and improvement is in compliance with the district provisions.
(Ord. 212 § 18, 1988; Ord. 80 Art. IV(C)(1)(b), 1984)
9.40.030 Permitted uses.
Animal clinics;
Any permitted use listed in the CBF 1 and CBP-2 districts;
Automobile body and collisions shops;
Automobile repair shops;
Bakeries;
Bottling plants;
Breweries;
Draying, freighting or trucking yards or terminals;
Electric or neon sign manufacture;
Furniture manufacture;
Garment manufacture;
Ice and cold storage plants;
Lumber yards;
Machine shops;
Manufacture or prefabricated buildings;
Plastics, fabrication;
Sexually oriented businesses, subject to full compliance with all licensing and regulatory provisions of
Chapter 5.18 of this code;
Sheet metal shops;
Shoe manufacturing;
Stone monument works;
Textile manufacture;
Truck steam cleaning equipment;
Wholesale businesses,warehouses, storage buildings or enterprises.
(Ord. 685 § 6, 2009; Ord. 529 § 3, 2000; Ord. 489 § 4, 1998; Ord. 347 § 6, 1992; Ord. 94 § 1, 1984; Ord. 80
Art. IV(C)(1)(c), 1984)
9.40.040 Conditional uses.
The following uses may be permitted subject to the issuance of a conditional use permit pursuant to
Chapter 9.72.
Animal boarding kennels and dog kennels;
Carwash,coin operated-manual, self-serve and full-serve permitted;
Corporation yards;
Cannabis Cultivation sites;
Cannabis Dispensaries;
Cannabis Distribution sites;
Cannabis Testing laboratories;
Feed and fuel yards;
Fuel storage yards;
Lumber yards;
Manufacturing and industrial uses which will not be extremely offensive or obnoxious by reason of
emission of odor, dust, smoke, gas, light,noise or vibration;
Manufacturing sites;
Public buildings;
Public utility structures;
Recycling center;
Recycling collection facility(large);
Residential uses for caretakers;
Retail sales and services operated on the same property and in conjunction with uses specifically
allowable in this district;
Retail store,used;
Rubber sales, or fabrication of products made from finished rubber;
Tire rebuilding,recapping and retreading;
Truck and automobile service stations;
Vehicle rental establishments and used vehicle sales (except used vehicles sold in conjunction with the
operation of a manufacturer licensed new vehicle sales dealership) subject to the provisions of Section
9.96.170 pertaining to special provisions applying to miscellaneous pfeblern uses.
(Ord. 801 § 2, 2017; Ord. 789 § 10, 2017; Ord. 777 § 3, 2016; Ord. 774 § 5, 2016; Ord. 738 § 3, 2014; Ord.
502 § 1, 1999; Ord. 373 § 5, 1992; Ord. 304 § 6, 1990; Ord. 241 § 8, 1989; Ord. 94 § 1, 1984; Ord. 80 Art.
IV(C)(1)(d), 1984)
9.40.050 Development standards.
The following standards of development shall apply in the I-1 zone:
A. Minimum lot size shall be twenty thousand square feet;
B. Minimum lot depth shall be one hundred feet;
C. Minimum lot width shall be one hundred feet;
D. Minimum front yard shall be equal to the height of the primary structure on the lot but in no case less
than fifteen feet;
E. Side yard and rear yard setbacks are not required for lots located in the I-1 zone unless adjacent to a
residential zone, and in such case the side yard shall be a minimum of ten feet unless otherwise
specified in an approved development plan;
F. Rear yard setbacks are not required for lots located in the I-1 zone unless adjacent to a residential zone,
and in such case the rear yard shall be a minimum of twenty feet unless otherwise specified in an
approved development plan;
G. Maximum site coverage shall be eighty percent;
H. Maximum building height shall be thirty-six feet or three stories except where abutting a residential
district in which case the maximum height shall be that of the residential district, at all locations within
fifty feet of the residential district boundary;
I. Parking requirement shall be determined on the basis of specific uses as prescribed in Chapter 9.58;
J. Signs shall be subject to the provisions of the sign regulations as prescribed in Chapter 9.62.
(Ord. 80 Art. IV(C)(1)(e), 1984)
9.40.060 Other required conditions.
A. Architectural and site plan approval shall be required for all principal structures including buildings,
carports, garages, screen walls, fences,parking lots and trash enclosures;
B. Proposed uses abutting residential districts shall submit detailed plans for screening and landscaping the
common boundary with the residential district;
C. All developments shall have landscaping and irrigation plans approved by city staff before installation;
and
D. All uses shall be subject to the performance standards prescribed in Chapter 9.86.
(Ord. 80 Art. IV(C)(1)(f), 1984)
Chapter 9.42
OS OPEN SPACE DISTRICT*
Sections:
9.42.010 Purpose and intent.
9.42.020 Permitted uses.
9.42.030 Conditional uses.
9.42.040 Prohibited uses.
9.42.050 Density.
9.42.060 Lot dimensions.
9.42.070 Development standards.
* Prior ordinance history:Ords.80 and 212.
9.42.010 Purpose and intent.
The open space zoning designation is to be placed on property under the following circumstances:
A. When by the nature of its use, such as regional transmission or electricity, or its natural limitation, such
as being subject to flooding or faulting, make the property inappropriate for habitation or intensive
development.
B. When the property is under public control and is intended for development of public uses or
preservation as a public resource.Under this circumstance buildings may be permitted.
(Ord. 394 § 3, 1993; Ord. 256 § 5, 1989)
9.42.020 Permitted uses.
Agriculture;
Cemeteries.
Public parks and passive open space;
Public buildings; when the public building is ancillary to a public park and/or recreation facility.
Public recreational facilities;
Stormwater drainages, natural and improved;
Utility corridors; and
Wildlife and habitat conservation.
(Ord. 256 § 5(1), 1989)
9.42.030 Conditional uses.
The following uses may be permitted subject to a conditional use permit:
Private recreational facilities and ancillary commercial uses;
Public utility structures and public service facilities; however transmission lines serving only the
immediate area are permitted without a conditional use permit;
Other uses not involving buildings or other permanent improvements, and not involving undue present
or future hazard to life or property,within the judgment of the planning commission.
(Ord. 801 § 2, 2017; Ord. 789 § 11, 2017; Ord. 774 § 6,2016; Ord. 394 § 2, 1993; Ord. 256 § 5, 1989)
9.42.040 Prohibited uses.
Uses not listed in this chapter are expressly prohibited. No land shall be used nor buildings and
structures hereafter be erected, altered, enlarged, or otherwise modified in this zoning district unless said use
and improvement is in compliance with the district provisions.
(Ord.256 § 5, 1989)
9.42.050 Density.
Residential uses not permitted.
(Ord. 256 § 5, 1989)
9.42.060 Lot dimensions.
All newly-created lots shall meet the following minimum net dimensions:
A. Area: five-acre net lot area.
B. Depth: no minimum.
C. Width: no minimum.
(Ord.256 § 5, 1989)
9.42.070 Development standards.
Areas within the OS district are to be protected from extensive building encroachment. Necessary
amenities, appurtenant structures, or public services, e.g.,picnic shelters, mausoleums, clubhouses, or public
buildings, may be allowed in those areas where such facilities are warranted or necessary provided approval
is granted under appropriate provisions of this code. • - . .••: •- . -_ ••:, -. . - . •.. - .-
OS district.
(Ord. 777 § 4, 2016; Ord. 394 § 4, 1993; Ord. 256 § 5, 1989)
Chapter 9.44
OS-R OPEN SPACE RESIDENTIAL DISTRICT*
Sections:
9.44.010 Purpose and intent.
9.44.020 Permitted uses.
9.44.030 Conditional uses.
9.44.040 Prohibited uses.
9.44.050 Density.
9.44.060 Lot dimensions.
9.44.070 Yard requirements.
9.44.080 Coverage and building height.
9.44.090 Parking.
9.44.100 Access to parking(driveways).
9.44.110 Fencing.
9.44.120 Patios.
9.44.130 Landscaping.
9.44.140 Dwelling unit size.
* Prior ordinance history:Ords.80 and 212.
9.44.010 Purpose and intent.
To preserve sensitive environmental areas while allowing high quality family residential areas with very
low densities.
(Ord. 256 § 5(2), 1989)
9.44.020 Permitted uses.
Home occupations;
Large family day care homes;
One one-family dwelling per legal lot;
Small family day care homes.
(Ord. 299 § 4, 1990; Ord. 256 § 5(2), 1989)
9.44.030 Conditional uses.
The following uses may be permitted subject to a conditional use permit:
Guest home, provided the unit does not exceed six hundred square feet in area and has at least one
covered parking space in addition to the required space for the main residence;
Large family day care homes;
Planned residential developments;
Private recreational facilities and ancillary commercial uses;
Public parks and recreation facilities; and
Public utility structures and public service facilities; however transmission lines serving only the
immediate area are permitted without a conditional use permit.
(Ord. 256 § 5(2), 1989)
9.44.040 Prohibited uses.
Uses not listed in this chapter are expressly prohibited. No land shall be used nor buildings and
structures hereafter be erected, altered, enlarged, or otherwise modified in this zoning district unless said use
and improvement is in compliance with the district provisions.
(Ord.256 § 5(2), 1989)
9.44.050 Density.
There shall be four density categories in the OS-R zone. These categories will be distinguished on the
zone map by a numerical notation following the OS-R symbol which will provide identification of the
minimum net lot area. The density categories are:
Category Min.Net Size of Lot
5 5 acres
10 10 acres
15 15 acres
20 20 acres
The city shall determine the proper density factor based on the natural constraints of development,
environmental sensitivity of the property and the health, safety and welfare of the citizens.
(Ord. 256 § 5(2), 1989)
9.44.060 Lot dimensions.
All newly-created lots shall meet the following minimum net dimensions:
A. Area: as noted under density requirements;
B. Depth:two hundred feet;
C. Width: two hundred feet along a dedicated street frontage property line; however, if it is found that the
frontage of the lot must be narrowed because of street design or topographical constraints, the minimum lot
width at the street frontage property line shall be fifty feet.
(Ord. 256 § 5(2), 1989)
9.44.070 Yard requirements.
All newly-developed lots shall have the following minimum yard dimensions;
A. Front yard: fifty feet. However, garages can be place in the front yard up to thirty feet from the property
line if the planning commission finds that such design is necessary to reduce grading on the lot.
B. Side yards: twenty feet each.
C. Rear yard: one hundred feet, except garages or carports may be located up to ten feet from a rear
property line.
(Ord. 256 § 5(2), 1989)
9.44.080 Coverage and building height.
A. Maximum building coverage shall be ten percent of net lot area;
B. Building height shall not exceed twenty-six feet.
(Ord. 256 § 5(2), 1989)
9.44.090 Parking.
In addition to all the requirements of Chapter 9.58,the minimum parking shall be as follows:
A. Main dwelling: two car parking spaces within a garage.
BC. Location of parking: parking of all vehicles on the property shall be limited to the garage, approved
driveway,or within the required front yard and side yard setback areas.
CD.Maximum parking area: the maximum area designed for parking of any type of vehicle shall be one
thousand square feet within a garage,carport or any other accessory building.
(Ord. 256 § 5(2), 1989)
9.44.100 Access to parking(driveways).
All parking spaces and structures shall be served by a driveway that meets the following minimum
standards:
A. Width of driveway serving one to three parking spaces: sixteen feet.
B. Width of driveway serving four or more parking spaces: twenty feet.
C. Driveways shall be constructed of Portland cement concrete.
D. Driveways shall not cover more than thirty percent of the required front yard area.
(Ord. 256 § 5(2), 1989)
9.44.110 Fencing.
None required.
(Ord. 256 § 5(2), 1989)
9.44.120 Patios.
None required.
(Ord. 256 § 5(2), 1989)
9.44.130 Landscaping.
There shall be an approved landscaping and irrigation system installed, subject to the standards of
Chapter 8.57,within the front and street side yards at the time of construction of the main building. Natural
areas may be integrated into the landscape plan provided such natural areas are free of invasive weeds or a
source of blow sand. Landscaping shall be designed to prevent irrigation water from flowing over paved
surfaces. Turf areas shall be limited, and at least 50% of lot landscaping shall be native and/or drought-
tolerant plant materials.
(Ord. 256 § 5(2), 1989)
9.44.140 Dwelling unit size.
The minimum dwelling unit size requirements based on number of bedrooms are as follows:
Bedrooms Minimum Dwelling Unit Size
4 or more 2,500 sq. ft.
3 2,000 sq. ft.
2 or less 1,500 sq. ft.
(Ord. 256 § 5(2), 1989)
Ghapters9.46
BB-BED-
Sections:
010 Pu.•p nd intent_
9 46 20 District established
Ti
9.46.030 Permitted uses.
9.46.040 C ditional
(� -.467040 -V'IIIiZCIOIIi[rRj GcJ•
9.46 50 Prohibited uses.
994 6.0Tv 660--Den$1tl:
0 4 0.60770----Lott mensi0ns
946.080-Yard requifements.
! ' ! .
i . ..
•
9.46.120 Fencing.
Ti0 13
46 0 dditional r entom
- _
9v46.040---Pufpose-and4ntent
(-0r-&43-8-§-31-946)
9.46.020 District established.
A bed and breakfast district is established and is to be located in the area bounded by Palm Canyon Dr.,
the West Cathedral Channel, Cathedral Canyon Dr. and Kings Rd. (hereafter called "district"). Within this
(Ord. 138 § 3, 1996)
n 46.096-630-- Permitted uses
None.
(424&43-8-§-31-9.46)
9.46.040 Conditional .
ses
B. Each use permit approval shall specify the . •-- . .. .- • - • •• ---
11, -. - . •. • . _ : .• - -• .. :-by-41+e-city's fire and ..• . • . .. .
. .. • - • • . -. . . . . inn use. An - . . - • : •• -.. . . .
•
._. ..•. . • .• . ... ,the installation of approved n e - . • _ -
•- . . • ... - - • .- -i} the structure and finally the inclusion of an
evaeuatien-plan .. • . - .. . r. - -..-.
system or a fire sprinkler system;
F. Applicants for bed and breakfast inn . . - - - - ... • ' • •- -. . -
G. Renting of the bed and breakfast inn facilities for a special gathering (i.e., wedding reception, party)
-. . . •• •" • _ . . . . . . _• . . - . . ..
an overnight basis with not more than one meal served daily, the entire service to be included in one
stated price;
hotel motel r t...
L. Meals shall be served only to residents and overnight guests; and
(Or-d. 138 § 3, 1-996)
9. 6.050 Pre ted uses.
Uses not listed in this chapter are expressly prohibited. No land shall be used nor buildings and
(Or-€1,4318 § 3, 1-996)
(Ord. 438 § 3, 1996)
974-67070-Let-dimensions;
A. Area: seven thousand square feet.
B. Depth: one hundred feet.
C. Width: seventy feet.
9-.46.04Tv vv0Yarrequirements.
A. Front yard: twenty feet.
C. Buildings with more than one story"hall increase-al}setbacks by ypefeent,
(Ord. '138 § 3, 1996)
9.46.090 - age and b' `--height.
l� - : .' . . _• . - _ -. twenty six feet; •- - •- ..' . _ ' ' .•• ••- _ .. -
zoned RE, R1 or R2, the building height shall not exceed sixteen feet. The planning commission may
permit an increase in the height up to twenty six-feet upon a finding that such increase will not
.. - ..•. .. -•_ U." . . • - . ..• •- - • - . - . .. -
•
•
•
• .•. .. -- _" . .. •... .. _
•.-
(-44r4-43-8-§-33-1-940
9746400--Par-king
(Ord.438 § 3, 1996)
As required per Chapter 9.91 concerning planned unit development.
(Or-€1,43-8-§-31-996)
9.46.120 Fcncing.
C. If a fence exists at the required location, the -. - -• . .• .• - • - - • •
considered a fence.
Pr-&42A-§-349634)
9 46 ,t 30 dditiona1
r. �v—�aaQrcavassrccgcc'ircmcuco.
• I •4 -. •-
C. Signs. As required pursuant to Section 9.62.260 concerning"hotel/motel entry signs."
D. Building Construction Requirements. As required-per Chapter 9.94, concerning planned unit
deter
9.72.
1-0r-&-4-3,S-4-37-1-9.96)
Chapter 9.48
DENSITY BONUS AND AFFORDABLE HOUSING PROGRAM
Sections:
9.48.010 Purpose and intent.
9.48.020 Density bonus.
9.48.030 Procedures for implementation
9.48.010 Purpose and intent.
A. To incorporate the State Density Bonus requirements, as set forth in California Government Code
Sections 65915 through 65918, as amended.
B. Increase production of affordable housing, consistent with the city's goals, objectives,and policies.
C. Implement the provisions of the city's general plan housing element policies and programs relating to
the provision of affordable housing.
(Ord. 668 § 3,2009)
9.48.020 Density bonus.
The city of Cathedral City hereby incorporates the rules and regulations of the State's Density Bonus
Law, currently codified at Government Code Sections 65915 through 65918, as amended from time to time.
(Ord. 668 § 3, 2009)
9.48.030 Procedures for implementation
The city council of the city of Cathedral City shall adopt, by resolution, procedures for the
implementation of this chapter. (Ord. 668 § 3, 2009)
Chapter 9.50
S SPECIFIC PLAN OVERLAY ZONE
Sections:
9.50.010 Purpose and intent.
9.50.020 Application.
9.50.030 Permitted uses.
9.50.040 Other required conditions (all specific plan overlay zones).
9.50.010 Purpose and intent.
A. To facilitate development within the city in accordance with the general plan by permitting greater
flexibility and encouraging more creative and imaginative designs for major urban development
projects subject to large-scale community planning;
B. To promote more economical and efficient use of the land while providing a harmonious variety of
housing choices and commercial and industrial activities, a high level of urban amenities, and
preservation of natural and scenic qualities of open space;
C. To provide a process for initiation,review,and regulation of large-scale comprehensively planned urban
communities that affords the maximum flexibility to the developer within the context of an overall
development program and specific, phased development plans coordinated with the provisions of
necessary public services and facilities. (Ord. 80 Art. IV(F)(2)(a), 1984)
9.50.020 Application.
The S specific plan overlay zone shall be applied in a uniform manner to those areas so designated on
the land use exhibit of the general plan, as correspondingly indicated on the official zoning map. When only
a portion of a parcel of land lies within the designated specific plan overlay, the provisions of this section
shall to the entire parcel. (Ord. 80 Art. IV(F)(1)(b), 1984)
9.50.030 Permitted uses.
A. In the S specific plan overlay zone any principal use or conditional use permitted in the underlying zone
is permitted subject to the conditions and restrictions which are negotiated as a part of the specific plan
approval process.
B. In addition, uses complimentary to the base designation may also be established as a part of the specific
plan approval so long as they constitute less than twenty percent of the S specific plan overlay area.
C. A development agreement shall also be required which will outline the phasing schedule of dwelling
units, the commercial square footage if applicable, and on-site and off-site improvements. (Ord. 80 Art.
N(F)(1)(c), 1984)
9.50.040 Other required conditions (all specific plan overlay zones).
Architectural and site plan approval shall be required for all developments proposed within an S
specific plan overlay zone. More specific requirements for the specific plan submittal and approval process
is prescribed in Chapter 9.60. (Ord. 80 Art. IV(F)(1)(d), 1984)
Chapter 9.52
H HILLSIDE PROTECTION REGULATIONS*
Sections:
9.52.010 Purpose and intent.
9.52.020 Findings.
9.52.030 General plan amendment.
9.52.040 Objectives,policies and programs.
9.52.050 Definitions.
9.52.060 Implementation.
9.52.070 Guidelines.
9.52.080 Exemptions for certain projects.
9.52.090 Amendment.
* Prior ordinance history:Ords.80 and 212.
9.52.010 Purpose and intent.
The purpose and intent of this chapter is to:
A. Clearly state a citizens' policy governing preservation of the Santa Rosa Mountains located within the
city limits, the sphere of influence or the jurisdiction of the city, or any lands proposed for annexation
by the, city, particularly lands from the area of Palm Springs, California designated the Palm Hills
Sector.
B. Protect and preserve significant open space areas, including hillsides, ridgelines, view corridors, scenic
vistas,and other environmentally sensitive habitat portions of the Palm Hills Annexation Sector.
C. Guarantee the right of Cathedral City citizens to determine land use policies for those portions of the
Santa Rosa Mountains within the city limits or sphere of influence, or lands annexed by, or under the
jurisdiction of the city.
D. Preserve and promote the public health, safety, and general welfare by limiting development in the
Santa Rosa Mountains so as to avoid impacts to visual and biological resources, and limit the potential
for erosion and flooding.
E. Ensure adequate citizen participation in, and monitoring of, discretionary land use approvals by the city
within the Santa Rosa Mountains.
F. Provide for developments which will result in preservation of the natural character of the hillside.
(Ord. 434 § 2, 1996)
9.52.020 Findings.
A. The Santa Rosa Mountains are a Valuable Natural Resource. This resource provides a visually
appealing backdrop to the city and is an environmental and biological ecosystem of importance to all
citizens of the city. The quality of life in the city is uniquely enhanced by sweeping views of the
tranquil hills surrounding the community. These hills constitute a significant natural topographical
feature of the community because they are visible to citizens residing in and around Coachella Valley as
well as to all persons, residents, or visitors traveling the major highway arterials. It is essential to
preserve and respect the natural topographical features of the hills surrounding this community.
B. Continued Rapid Growth is Projected. Coachella Valley's population is projected, by the Riverside
County department of finance,to more than double in the twenty-year period 1990-2010 from 215,256
to 498,754. Cathedral City's population is projected to increase sixty-eight percent in the same period.
The Palm Hills Annexation is a potential expansion area for development requiring appropriate means
of protection from projected growth. The absence of protection will cause severe social, economic and
environmental problems. Palm Hills Annexation Sector protection is necessary to maintain the health,
safety, welfare, and quality of life of the citizens of the city. Therefore, the public health, safety, and
general welfare will be enhanced and promoted by the adoption of this chapter.
C. This Chapter is Necessary to Protect the Health, Safety, and Welfare of the Citizens of the City. The
citizens of the city have considered the effect, if any, this action may have on development of the
hillside and have balanced development needs against the public service needs of its residents and have
determined that this chapter is necessary to promote and protect the public health, safety,and welfare.
D. This Chapter Allows Balanced and Prudent Development in the Palm Hills Annexation Sector. This
chapter insures that Palm Hills Annexation Sector development will occur in a balanced and prudent
manner,which will allow Palm Hills Annexation Sector landowners a reasonable use of their land while
protecting the city's residents through appropriate regulatory mechanisms and policies to the extent, if
any,to which this chapter operates.
E. Increased Opportunity for Citizen Participation is Desirable. As preservation of this natural resource is
of importance to all citizens, the existing practice of notifying only those property owners within three
hundred feet of a proposed project site provides inadequate opportunity for affected parties to
participate in the city's decision-making process. Typically, hillsides and undeveloped areas contain
few land owners. Consequently, by increasing the radius, more individuals will be given notice, which
will result in an increased and more desirable level of community involvement.
(Ord. 434 § 2, 1996)
9.52.030 General plan amendment.
The people of the city do hereby adopt a Palm Hills Annexation Protection Plan as part of the general
plan and direct the city council to amend all other elements of the general plan, any zoning ordinance, and
the municipal code as necessary to ensure their consistency with the Palm Hills Annexation Protection Plan.
The Palm Hills Annexation Protection Plan may consist of the objectives,policies, and programs set forth in
this chapter.
(Ord.434 § 2, 1996)
9.52.040 Objectives,policies and programs.
In order to preserve and protect the open space resources of the Palm Hills Annexation Sector, including
the visual, biological, and nonintrusive recreational resources, the following objectives, policies and
programs shall be implemented:
A. The Palm Hills Annexation Sector, as defined in Section 9.52.050, will be permanently protected to
preserve the visual,biological and non-intrusive recreational values of this area.
1. The city will require protection of the Palm Hills Annexation Sector through the following programs:
a. Prior to annexation, a minimum of sixty-five percent of all lands in the Palm Hills Sector will be
reserved as open space. Such open space shall be left in a natural state, except that land developed as
golf courses and public parks shall constitute open space.
b. Single-family residential development is allowed at a density of one residential unit per twenty acres,
except that one dwelling unit may be approved for lots less than twenty acres existing as of the effective
date of the ordinance codified in this chapter. Clustering of residential units will be allowed at a density
of one residential unit per one acre lot if the terrain prohibits building in the aforementioned manner.
c. Development in the Palm Hills Annexation Sector is restricted to residential uses only.
d. Grading shall be limited to building pads and access roads in order to preserve environmentally
sensitive habitat lands, to discourage scarring of the hillside areas and to encourage the maximum
retention of natural topographic features, such as natural drainage swales, slopes, rock outcropping,
vistas, and natural plant assemblages. Said grading limitation shall be required as a condition of
approval for all discretionary approvals in the Palm Hills Annexation Sector.
e. Ridgelines shall not be subject to development.
f. Development, grading, clearing, or any other activity or use damaging to environmentally sensitive
habitat lands shall be prohibited unless measures necessary to protect and preserve the environmentally
sensitive habitat lands and scenic vistas are guaranteed.
g. The city shall develop design criteria, building techniques, building forms, materials and colors,
landscape concepts, including use of native vegetation, and other standards to protect and preserve open
space values and scenic vistas, and to ensure compatibility of structures with the surrounding terrain.
h. Access road design shall respect the natural contours of the land, minimize grading requirements and
minimize the percentage of land devoted to streets. The land graded for road right-of-ways purposes
through slopes not otherwise permitted to be graded herein does not include or permit construction of an
increased number of building pads other than those permitted within the sector.
i. Development of golf courses shall be limited to only those lands in the eastern portion of the Palm Hills
Annexation Sector, more particularly described as: Sec. 3, T5S, R5E, SBM; Sec. 4, T5S, R5E, SBM;
Sec. 9, T5S, R5E, SBM, in the County of Riverside, State of California. (See Exhibit A attached to the
ordinance codified in this chapter.
j. Development in the Palm Hills Annexation Sector shall not be permitted in areas where the slope of the
property exceeds ten percent.
k. The city shall fully cooperate in intergovernmental planning and development of programs to achieve
conservation of natural resources in the Santa Rosa Mountains valleywide.
2. The city council may, upon receiving a four-fifths vote, modify and vary the terms of the
aforementioned programs, excluding the programs set forth in subsections (A)(1)(b), (e) and (i) of this
section, if the slope of the property does not exceed twenty percent and if unusual circumstances exist.
The city council shall consider, but not be limited to, the following factors when evaluating whether
unusual circumstances exist:
a. The physical location of the property;
b. The visibility of the property to other parts of the community; and
c. The effect the development will have on the surrounding environment.
B. The Palm Hills Annexation Protection Plan will be extended to those lands within the Santa Rosa
Mountains which may in the future fall within the city's jurisdiction.
1. The city shall require any lands within the Santa Rosa Mountains, which in the future fall within the
city's jurisdiction, to be designated as part of the Palm Hills Annexation Protection Sector, thereby
extending the same protections this chapter affords through the following programs:
a. Prior to the annexation of any lands within the Santa Rosa Mountains, the city shall prepare a Palm
Hills Annexation Protection Plan for the ultimate development of the area proposed for annexation.
Until such plan is adopted by the city, the city shall not, unless otherwise compelled by law to do so,
initiate or approve such annexations or annexation agreements to the city. Upon adoption of the plan
required by this section, the city shall only initiate and/or approve annexations and annexation
agreements that are consistent with the law and the plan.
b. The Palm Hills Annexation Protection Plan for the proposed annexation area shall meet, at a minimum
all of the following:
i. The plan shall extend the provisions of this chapter to the proposed annexation area;
ii. The residents of the proposed annexation area, if any, shall participate in the adoption and the
implementation of the plan. Said residents shall be afforded notice in accordance with this chapter's
notice provisions.
C. Citizens shall have the opportunity to participate in decisions affecting the Palm Hills Annexation
Sector.
1. The city will require the following notices to be given:
a. The city shall provide timely notice of all public hearings,preparation of Environmental Impact Reports
and Notices of Intent to adopt Negative Declarations or Exemptions regarding projects within the Palm
Hills Annexation Sector. Said notice shall be given to all property owners and occupants of property
who will be affected by the project. At a minimum, the city shall mail a notice to all property owners
and occupants of property within one thousand feet of the subject property.
D. In order to protect the natural environment and preserve the open space resources of the Palm Hills
Annexation Sector, including the visual, biological, and non-intrusive recreational resources, the city
council shall establish a Cathedral City mountain conservancy or a Cathedral City land-holding trust.
1. A Cathedral City mountain conservancy or a Cathedral City land-holding trust shall enhance the
efficiency and governmental effectiveness of the Palm Hills Annexation Sector.
a. The governing body of the conservancy or land-holding trust shall be comprised of five voting members
appointed by the city council.
b. The conservancy or land-holding trust may select and acquire real property or interests therein, for the
purposes of protecting the natural environment and preserving the open space resources of the Palm
Hills Annexation Sector.
c. The conservancy or land-holding trust may improve and develop lands, in accordance with this chapter
and the general plan of the city, for the purposes of protecting the natural environment and the open
space resources of the Palm Hills Annexation Sector.
d. The conservancy or land-holding trust may conduct hearings and make recommendations to the
planning commission regarding development within the scope of this measure or amendments to this
chapter.
(Ord. 434 § 2, 1996)
9.52.050 Definitions.
For purposes of this chapter,the following words and phrases shall have the following meanings:
"Effective date"means the date on which the ordinance codified in this chapter was adopted by the city
council or ten days after its adoption by the voters at the polls,whichever occurs first.
"Environmentally sensitive habitat"means all lands which support unique, rare, endangered,threatened,
or sensitive species of animals or plants, including buffer areas. This definition shall be broadly interpreted
to give the maximum possible protection to environmental resources.
"Indian Tribal Lands" include, but are not limited to, all lands within the limits of an Indian
Reservation,all dependent Indian communities and all Indian allotments granted by a governmental agency.
"Palm Hills Annexation Protection Sector" means those portions of the Santa Rosa Mountains located
outside the city limits on the effective date of the ordinance codified in this chapter, including, but not
limited to, Assessors No. 686-130-009 and No. 686-130-011. Palm Hills Annexation Protection Sector shall
not include any Indian Tribal Lands. (See Exhibit B attached to the ordinance codified in this chapter.
"Residential development" means development of any type of dwelling unit or units suitable or
designed for human habitation, including but not limited to, single family homes, "homes", as allowed by
this title, but not including hotels, motels, licensed convalescent homes, commercially operated retirement
homes, time share units, or the like. "Residential development" shall not include remodeling or
reconstruction where no new dwelling unit is created.
"Santa Rosa Mountains", as affected by this chapter,means generally the mountainous area surrounding
the Cathedral Canyon Cove Sector South of Highway 111 as designated in the city's general plan. The area
includes the ridgelines and hill faces, which provide the mountainous back drop to the city. The area
excludes any Indian Tribal Lands.
(Ord.434 § 2, 1996)
9.52.060 Implementation.
The city council and all city agencies, boards, and commissions are directed to take any and all further
actions necessary to carry out this chapter, including,but not limited to, adoption and implementation of any
amendments to the general plan, the zoning ordinance, and the Municipal Code. The city shall commence
implementation of this chapter as a matter of the highest priority within six months after the ordinance
codified in this chapter is adopted.
(Ord. 434 § 2, 1996)
9.52.070 Guidelines.
The city council may adopt guidelines to implement and interpret this chapter following public notice
and public hearing, provided that any such guidelines shall be consistent with the purposes, intent, findings,
and content of this chapter.
(Ord.434 § 2, 1996)
9.52.080 Exemptions for certain projects.
A. This chapter shall apply to all properties and projects covered by its terms, except it shall not apply to
any project which has obtained a vested right to develop under California or federal law as of the
effective date of the ordinance codified in this chapter.
B. The construction of one single-family home on a legal lot of record in existence on the effective date of
the ordinance codified in this chapter shall be exempt to the extent necessary to avoid an
unconstitutional taking of private property.
(Ord. 434 § 2, 1996)
9.52.090 Amendment.
This chapter may be amended only after the following steps have been taken:
A. Conservancy/Land-Holding Trust—Public Hearing. The Cathedral City mountain conservancy or the
Cathedral City land-holding trust shall hold at least one public hearing before any amendment is made
to this chapter.Notice of the time and place of the public hearing shall be published at least ten calendar
days before the hearing in a newspaper of general circulation published and circulated within the city. In
addition, notice shall be mailed to residents in accordance with Section 9.52.040(C)(1)(a) of this
chapter.
B. Conservancy/Land-Holding Trust—Action. The approval by the conservancy or land-holding trust of
an amendment to this chapter shall be by resolution carried by the affirmative vote of not less than a
majority of its total voting members. Upon approval by the conservancy or land-holding trust, the
amendment to this chapter shall be transmitted to the planning commission.
C. Planning Commission — Public Hearing. The planning commission shall hold at least one public
hearing before any amendment is made to this chapter. Notice of the time and place of the public
hearing shall be published at least ten calendar days before the hearing in a newspaper of general
circulation published and circulated within the city. In addition, notice shall be mailed to residents in
accordance with the provisions of Section 9.52.040(C)(1)(a)of this chapter.
D. Planning Commission—Action. The approval by the planning commission of an amendment made to
this chapter shall be by resolution of the commission carried by the affirmative vote of not less than a
majority of its total voting members.Upon approval by the planning commission,the amendment to this
chapter shall be transmitted to the city council.
E. City Council —Public Hearing. Before adopting the amendment to this chapter, the city council shall
hold at least one public hearing. Notice of the time and place of the hearing shall be published at least
ten calendar days before the hearing in a newspaper of general circulation published and circulated
within the city. In addition, notice shall be mailed to residents in accordance with the provisions of
Section 9.52.040(C)(1)(a)of this chapter.
F. City Council—Action. No amendment to this chapter shall pass unless carried by the affirmative vote
of four-fifths of the city council.
(Ord. 434 § 2, 1996)
Chapter 9.54
LH LIMITED HEIGHT OVERLAY ZONE*
Sections:
9.54.010 Purpose and intent.
9.54.020 Limited height.
9.54.030 Increase in height.
9.54.040 Side yards.
9.54.050 Privacy.
9.54.060 View protection.
9.54.070 Findings.
9.54.080 Application.
9.54.090 Graphics.
* Prior ordinance history:Ord.80.
9.54.010 Purpose and intent.
The purpose and intent of the limited height overlay zone is to provide a method to protect views and
privacy in certain areas of the city where views are a significant property amenity, especially in areas where
the existing buildings are predominantly one story in height. The LH overlay only establishes regulations
regarding heights of buildings.
(Ord. 247 § 3, 1989)
9.54.020 Limited height.
Notwithstanding any provision regarding building height regulations of the base zone,buildings in areas
subject to the LH overlay shall not exceed sixteen feet in height, except as specified herein.
(Ord. 247 § 3, 1989)
9.54.030 Increase in height.
The planning commission may permit an increase in the limited height up to twenty-six feet. In addition
to any conditions placed on an application by the planning commission, all buildings over sixteen feet in
height shall be so designed and constructed to meet all requirements of this overlay zone.
(Ord. 247 § 3, 1989)
9.54.040 Side yards.
No portion of the building shall exceed sixteen feet in height as measured ten feet from any interior side
lot line.
(Ord. 247 § 3, 1989)
9.54.050 Privacy.
To provide protection of privacy,buildings over sixteen feet in height shall have no windows lower than
sixty inches from the floor of the second story which face directly towards or directly overlook any interior
side property line. In addition, evergreen trees that at maturity reach a height of at least twenty-five feet shall
be planted in locations that protect privacy of the adjacent properties as determined by the city planner. The
planning commission may deny or condition an application for height increase if it finds that such increase
will result in undue invasion of privacy for adjacent properties. The planning commission may also add
conditions for an approval to protect privacy.
(Ord. 554 § 1,2001; Ord. 247 § 3, 1989)
9.54.060 View protection.
Buildings over sixteen feet in height shall be so designed as to protect views of neighboring properties.
The planning commission may deny or condition an application for height increase if it finds that such
increase will result in undue obstruction of view from neighboring properties. The planning commission
may also add conditions for an approval to protect views.
(Ord. 247 § 3, 1989)
9.54.070 Findings.
When making findings regarding privacy or view protection, the planning commission shall recognize
that it is not possible or necessary that all privacy and views be maintained. The goal of these regulations is
to provide sufficient safeguards so privacy is not unnecessarily invaded or views unreasonably blocked to a
point that the livability and value of surrounding properties is adversely impacted.
(Ord. 247 § 3, 1989)
9.54.080 Application.
The planning commission review of such an increase shall be made through a design review
application. In making their determination, the planning commission shall consider the topography of the
site, finished grading of the subject site, the heights of buildings on adjacent lots and general compatibility
of such increase in height with other buildings in the immediate vicinity. : ' - . •- . . . •- . - -
the subject site.
(Ord. 247 § 3, 1989)
9.54.090 Graphics.
In addition to requirements of the design review application, the applicant shall submit a graphic
presentation showing all possible view obstructions and/or loss of privacy of neighboring properties. These
graphics may be photographs, elevation plans, cross-sectional plans, grading plans,view projection plans, or
any other graphics that will allow the planning commission to make an informed judgment.
(Ord. 247 § 3, 1989)
Chapter 9.56
P/IH PUBLIC/INSTITUTIONAL HOUSING OVERLAY DISTRICT
Sections:
9.56.010 Purpose and intent.
9.56.020 District established.
9.56.030 Permitted uses.
9.56.040 Conditional uses.
9.56.050 Prohibited uses.
9.56.060 Requirements for emergency homeless shelters.
9.56.070 Development standards for emergency homeless shelters.
9.56.010 Purpose and intent.
To provide appropriate areas within the city to locate institutional housing that includes emergency
homeless shelters and supportive and transitional housing, in addition to uses enumerated in the underlying
zone and to accommodate at least one year-round emergency homeless shelter.
(Ord. 699 § 8,2011)
9.56.020 District established.
An institutional housing overlay district is established and is to be overlaid on certain I-1 (Light
Industrial)districts, as designated by P/IIi on the official zoning map of the city.
(Ord. 699 § 8, 2011)
9.56.030 Permitted uses.
Any permitted use in the I-1 district;
Emergency homeless shelters.
Supportive housing;
Transitional housing;
Low Barrier Navigation Center.
(Ord. 731 § 11,2014; Ord. 699 § 8,2011)
9.56.040 Conditional uses.
Any conditional use listed in the I-1 district.
(Ord. 699 § 8,2011)
9.56.050 Prohibited uses.
Any prohibited use in the I-1 district.
(Ord. 699 § 8, 2011)
9.56.060 Requirements for emergency homeless shelters.
A. If the aggregate number of beds within all PAH districts exceeds the total number of homeless persons
in the city as determined by the county of Riverside at any given time, additional shelter beds shall be
subject to approval of a conditional use permit;
B. Hours of operation shall be limited to the hours between six p.m. and eight a.m.;
C. An individual or individuals who do not utilize the homeless beds and/or other services and who
maintain(s)their own off-site residence may serve as an on-site manager(s). At least one such manager
shall be on-site twenty-four hours a day, seven days a week and are required to be accompanied by one
supporting staff member (an individual hired or contracted by the operator who does not utilize the
homeless beds and/or other services, who maintains their own off-site residence). There shall be at least
one supporting staff member for every twenty beds, or fraction thereof in the facility;
D. At a minimum, one manager shall be on site at all times, and one supporting staff member shall be
available in each segregated populated sleeping section;
E. No client shall be allowed to stay more than one hundred eighty consecutive days in a year or two
hundred forty overall days within any twelve-month period of time; and
F. Prior to the issuance of the certificate of occupancy of an emergency homeless shelter, there shall be a
written agreement between the city and operator of the facility addressing all of the following:
1. The provision of on-site management twenty-four hours a day and seven days per week to oversee the
facility,
2. On-going maintenance of structures and landscaping,
3. The provision of counseling,vocational, and other supportive services to persons/families being housed,
4. A transportation plan for clients to access off-site services,
5. No loitering of clients and others near the facility and/or in adjacent neighborhoods,
6. Implementation of a security plan with appropriate security measures in consultation with the police
chief,
7. On-going enforcement of written rules of conduct for clients, including the prohibition of alcohol and
illegal drugs,
8. Plan for handling complaints from neighboring properties,
9. Availability of the operator to meet with city officials to resolve complaints,and
10. On-site circulation plan.
(Ord. 746 § 10,2014; Ord. 699 § 8, 2011)
9.56.070 Development standards for emergency homeless shelters.
A. Development standards applicable to the I-1 district, Section 9.40.050, and other required conditions of
the I-1 district, Section 9.40.060;
B. Any additional requirements imposed by the State Department of Housing and Community
Development through its oversight; and
C. Additional development standards, which shall take precedence should they be in conflict with those
found in Sections 9.40.050 and 9.40.060:
1. The maximum number of clients permitted to be served (eating, showering, and/or sleeping) nightly
shall not exceed one per one hundred twenty-five square feet of floor area,
2. Off-street parking shall be provided pursuant to Government Code Section 65583 (a) (4);based on one
space for every six clients and one space for every employee, manager, and/or supporting staff member
on site at the same time. Parking requirements shall not exceed those of other residential or commercial
uses within the same zone. e -- .. •. . . . ..-. . . - '. . . . - .
Municipal Codd
3. The interior intake waiting area for a facility shall include a minimum of ten square feet per bed,
4. The exterior intake waiting area shall be screened from public and/or private view by a six-foot block
wall and landscaping,
5. A storage area shall be provided at a rate of five square feet for each bed. Such storage area need not be
provided adjacent to client sleeping area,
6. At least one toilet and one shower shall be provided for each fifteen beds,
7. No portion of any emergency homeless shelter shall be located within three hundred feet of another
emergency homeless shelter that is currently built,or that is approved to be built,and
8. Lighting shall be provided in all parking, exterior(outside)intake and/or waiting areas,outside common
areas and along the periphery of the building and facility. Such lighting shall be in conformance with
Chapter 9.89 of the Cathedral City Municipal Code.
(Ord. 746 § 11,2014; Ord. 699 § 8, 2011)
Division III.General Provisions
Chapter 9.58
OFF-STREET PARKING
Sections:
9.58.010 General provisions.
9.58.020 Number of parking spaces required.
9.58.030 Exemption of parking districts from requirements.
9.58.040 Uses not specified.
9.58.050 Location of parking facilities.
9.58.060 Combined parking areas.
9.58.070 Mixed uses.
9.58.080 Development standards for all off-street parking areas.
9.58.090 Access and circulation.
9.58.100 Screening and landscaping.
9.58.120 Compliance with city standards.
9.58.130 Required off-street loading spaces.
9.58.010 General provisions.
A. In all districts, except those specifically exempted and noted, in connection with any use whatsoever,
there shall be provided, at the time any building or structure is erected, or is enlarged or increased in use
intensity, off-street vehicular and bicycle parking spaces in accordance with this
chapter.
B. Parking spaces provided to meet the requirements of this chapter shall not be reduced in size or number,
modified or eliminated without the express prior approval of the planning commission, upon its
determination that changed conditions or uses justify such reduction, modification or elimination of
parking spaces or area.
C. A parking space shall be an area for the parking of a motor vehicle plus those additional areas required
to provide for safe ingress and egress to and from said space. The area set aside to meet these provisions
must be usable and shall have permanent access for off-street parking.
D. All motor vehicles incapable of movement under their own power and/or not licensed to operate on
California highways, other than in cases of emergency, shall be deemed detrimental to the public
welfare and shall be stored in either an entirely enclosed building, or in the rear yard of commercial or
industrial zoned property that is entirely enclosed by a view-obscuring fence or wall. After due notice of
noncompliance, said vehicles shall be required to be removed from the premises.
E. Any use of property which,on the effective date of the ordinance codified in this title, is nonconforming
only as to off-street parking facilities may be continued in the same manner, except as follows: when
remodeling and/or additions to the structures equal twenty percent or more of the value and/or area of
existing buildings there shall be screening and landscaping of all existing and new parking areas as
required by the parking area development standards.
F. When units or measurements determining number of required off-street parking and off-street loading
spaces result in a requirement of a fractional space, any factor less than one-half shall be disregarded,
and fractions one-half or larger shall require one off-street parking or off-street loading space.
(Ord. 145 § 5, 1986; Ord. 80 Art.V(A)(1), 1984)
9.58.020 Number of parking spaces required.
The number of off-street parking spaces shall be no less than as specified in the following schedule.For
the purpose of this section,"floor area" shall mean gross floor area.
Use Parking Spaces Required
A.Commercial(Retail,Office and Service).
1.For buildings with less than 8,000 sq.ft. One space for each 250 sq.ft.of floor area.
2. Shopping centers and single occupancy buildings with Same as above for the first 8,000 sq.ft.(32 spaces)plus 1
8,000 sq.ft.or more. space for each 300 sq.ft.thereafter.
3.Restaurants,bars,ice cream parlors and other similar
uses serving(either indoors or outdoors)prepared
foods or beverages where:
a.Within a shopping center:
i.The floor area is less than 4000 sq.ft. One space for each 250 sq.ft.of floor area.
ii.The floor area is 4000 sq.ft.or greater 16 spaces plus one for each 150 sq.ft.of floor area above
4000 sq.ft.
b.Not in a shopping center:
i.The floor area is less than 4000 sq. ft. One space for each 150 sq.ft.of floor area.
ii.The floor area is 4000 sq.ft.or greater. 20 spaces plus one for each 150 sq. ft.of floor area above
4000 sq.ft.
4.Furniture,vehicles,and machinery and other large item One space for each 500 sq.ft.of floor display and service
product sales and service area,plus as required for other uses in the building.
5.Open air sales,such as plant nurseries,patio furniture, One space for each 1000 sq.ft.of lot area devoted to sales
vehicle sales. and display.
6.Automobile services.
a. Service ba one s.aces for each 300 s.. ft.of service ba floor area.
B.Industrial.
1.Manufacturing and wholesale distribution. One space for each 500 sq.ft.of floor area.
2.Warehousing and mini-storage where the building(s) One space for each 1000 sq.ft.
are designed and provisions are made to guarantee
the use of the building for such purpose,by duly
recorded covenant running with the land and
improvements,and filed in the office of the county
recorder.Office and manufacturing space in the
building may be excluded from the recording
document provided parking as required by that use is
provided.
3.Outdoor use. One space for each 2500 sq.ft.of ground area designed
for outdoor use.
Use Parking Spaces Required
C.Assembly and Recreation.
1.Churches,mortuaries,theaters,dance halls,skating One space for every 5 persons,based on total occupancy
rinks,and similar buildings designed for assembly. permitted by the Uniform Building Code.
2.Bowling alley. Three spaces for each alley,plus as required for other uses
in the building.
3.Golf courses,tennis clubs,racquetball,and other Three spaces for each hole or court,plus as required for
similar uses. other uses on the site.
D.Visitors.
1.Hotel. One and two-tenths space for each lodging unit,or
fraction thereof;plus one space for every 100 sq.ft.of
dining or assembly area.
2.Motel. One space for each temporary living unit,plus one space
for each 20 temporary living units or fraction thereof.
3.Boarding,rooming or lodging house. Two spaces per facility;plus one space for each room.
4.Timeshare. One space per lodging unit plus one space for every 20
units, or fraction thereof; plus one additional space for
every 100 square feet of assembly and dining area.
5.Condo hotel. One space for each room; plus one additional space for
each lock-off room; plus one additional space for every
100 square feet of assembly and dining area.
6.Bed and breakfast. Two spaces per facility plus one space for each room
made available to rent for overnight lodging.
E.Institutions.
1.Hospitals. One space for each patient bed.
2.Medical and dental clinics. One space for each 150 sq.ft.of floor area.
3.Convalescent care and other similar uses. One space for each 3 patient beds.
4.Day-care,child care and other similar non-living One for each 500 sq.ft.of building floor area.
arrangement.
5.Elementary and intermediate schools,public and Ten spaces,plus one space for each classroom.
private.
6.High schools,colleges,trade schools and similar One space for each ten students,plus one space for each
institutions. classroom.
F.Residential.
For those zones where parking is not listed:
1. Single-family. Two per dwelling unit,both to be in an enclosed garage.
2.Multiple-family.
0-1 bedroom One per dwelling unit to be covered in a garage.
2 or more bedrooms 1.5 per dwelling unit,at least one to be covered or in a
garage.
Use Parking Spaces Required
G.Cannabis.
1.Dispensary and Lounge One space for each 250 sq.ft.of floor area.
2.Cultivation One space for each 1,000 sq. ft.of floor area.
3.Manufacturing One space for each 500 sq.ft.of floor area.
4.Distribution One space for each 1,000 sq. ft.of floor area.
5.Testing Laboratories One space for each 250 sq. ft.of floor area.
6.Office and ancillary space One space for each 250 sq.ft.of floor area.
7.New construction,building additions or additional One space for each 500 sq.ft.of floor area or the parking
floor area within the building such as second floors required for the proposed use,whichever is higher
and mezzanines (resulting in more parking spaces).
(Ord. 666 § 3,2008; Ord. 266 § 3, 1989; Ord. 80 Art.V(A)(2), 1984)
9.58.030 Exemption of parking districts from requirements.
All commercial uses shall be exempt from the parking space requirements of this chapter if they are
located within a legally constituted parking district established under the laws of the state, except that all
private parking facilities shall conform to all other requirements contained herein,and except that all parking
facilities established in said parking district shall conform to all other requirements contained herein.
(Ord. 80 Art. V(A)(3), 1984)
9.58.040 Uses not specified.
In the case of any building, structure, or premises,the use of which is not specifically mentioned herein,
the planning commission may by resolution of record after hearing all pertinent information, set forth the
required number of parking spaces for such use which interpretation shall thereafter govern such use.
(Ord. 80 Art. V(A)(4), 1984)
9.58.050 Location of parking facilities.
The off-street parking facilities required for the uses mentioned in Section 9.58.020 and for other
similar uses, shall be on the same lot or parcel of land as the structure they are intended to serve. The
planning commission may approve a substitute location upon a lot other than the same lot or parcel of the
use when such planning commission determines that it would be proper in its judgment and so long as said
substitute location meets all other requirements of this chapter and the following conditions:
A. That part of the substitute location is within three hundred feet of the principal use for which the
parking is being provided. It may be separated by alley,minor or collector street; and
B. That the substitute lot is in the same person's possession who has possession of the parcel it is intended
to serve. Such possession may be by deed or long term lease or otherwise,the terms of which shall meet
the approval of the city attorney and be recorded in the office of the county recorder. A copy of an
appropriate recorded document covenanting the reservation of the property for the required parking
purposes shall be filed with the city and approved by the city attorney prior to issuance of a building
permit.
(Ord. 80 Art. V(A)(5), 1984)
9.58.060 Combined parking areas.
A. Common Parking. The required off-street parking and loading facilities required by this division may be
provided collectively for two or more buildings or uses in different ownership in any commercial or
industrial zone, provided that the total number of parking spaces shall not be less than the sum of the
requirements for each of the individual uses. If designed as a comprehensive development meeting the
minimum requirements for a shopping center, a reduction in parking as provided for in shopping centers
is permitted. Establishment and maintenance of common parking areas shall be provided in one of the
following manners:
1. By covenant or contract among all property owners, and duly recording an appropriate covenant
running with the land in form approved by the city attorney in the office of the county recorder; or
2. By creation of special parking districts or authorities as authorized by state law.
B. Joint Use Parking. The planning commission may, upon application by the owner or lessee of any
property, authorize the joint use of parking facilities. Joint use parking shall be permitted for up to fifty
percent of the parking facilities required by this chapter if one of the uses is considered to be primarily a
daytime use and another use is considered to be primarily a nighttime use, or if one use is considered
primarily weekend and the other primarily weekday, provided that such a reciprocal parking
arrangement shall be approved through a conditional use permit and be subject to the following
conditions and findings:
1. The building or use requesting to utilize the existing off-street parking facilities provided by another
building or use shall be located within three hundred feet of such parking facility,the three hundred feet
to be measured from the farthest outside point of the on-site parking to the closest inside point of the
joint use parking.
2. The joint use parking is not separated from the use by a street greater than sixty-six feet in width or
planned to be greater than sixty-six feet in width.
3. The joint use parking is easily and safely accessible to pedestrians to the site by walkways, sidewalks or
other acceptable means.
4. The joint use parking is related visually to both sites either from the public street or through the use of
directional signage.
5. Motorists will be encouraged to use the joint use parking and will find it more convenient than on-street
parking or trespassing on other private parking areas.
6. There is no substantial conflict in the principal operating hours of the building or uses for which the
joint use of off-street parking facilities is proposed.
7. All parties involved in the joint use of off-street parking facilities shall provide evidence of agreement
for such joint use by a proper legal instrument approved by the city attorney as to form and content.The
agreement shall include assurances that there shall be no change in use which would destroy the
differential in primary use times,without adequate provisions for additional parking in the event of such
change in use. Such instrument, when approved as conforming to the provisions of this title, shall be
recorded in the office of the county recorder.
(Ord. 266 § 6, 1989; Ord. 80 Art. V(A)(6), 1984)
9.58.070 Mixed uses.
In the event that two or more uses occupy the same building, lot or parcel of land,the total requirements
for off-street parking and off-street loading shall be the sum of the requirements of the uses computed
separately.
(Ord. 80 Art. V(A)(7), 1984)
9.58.080 Development standards for all off-street parking areas.
All off-street parking facilities shall conform with the following standards:
A. The minimum off-street parking dimensions shall be as follows:
Angle of Parking(In Stall Width(W) Stall Depth(D)(In One-may Aisle Width
Degrees) (In Feet) Feet) (A) (In Feet)
0 10.0 24.0 12.0(one-way)
30 9.0 17.5 12.0(one-way)
45 9.0 20.0 12.0(one-way)
60 9.0 21.0 15.0(one-way)
90 9.0 19.0 254.0(two-way)
90 10.0 19.0 23.0(two-way)
90 10.6 19.0 21.0(two-way)
1. Individual determinations shall be made for angles other than those described, but in no case shall such
modifications include less than the above prescribed stall width,depth and aisles width.
2. Minimum width for two way aisles is nineteen feet zero inches when angle parking is provided.
3. Width of driveway openings shall conform to city standards.
B. Handicapped parking spaces shall be provided on the basis of total parking provided on-site as follows:
No.of Spaces No.of Handicapped Spaces
1-25 1
26-50 2
51-75 3
76-100 4
101-150 5
151-200 6
201-300 7
301-400 8
401-500 9
501-1,000 2%of total
1,001 and over 20 plus 1 for each 100 over 1,000
Handicapped spaces shall be fourteen feet wide and lined to provide a nine-foot vehicle space and a
five-foot occupant loading and unloading area. One in every eight handicapped spaces required, but not less
than one, shall have an eight-foot occupant loading and unloading area,and be designated"Van Accessible."
Spaces shall be grouped and located near major building entrances. Ramps shall be provided where
necessary for access.
(Ord. 371 § 3, 1992; Ord. 80 Art. V(A)(8)(a), 1984)
9.58.090 Access and circulation.
Sufficient aisle space for turning and maneuvering vehicles shall be provided. Each required parking
space shall have unobstructed access from an aisle or alley without moving another vehicle. All parking
spaces for non-residential uses and multifamily residential developments with five or more units shall have
provisions for forward travel to and from parking facilities when access is directly onto a dedicated street.
(Ord. 164 § 3, 1987; Ord. 80 Art. V(A)(8)(b), 1984)
9.58.100 Screening and landscaping.
A. No less than five percent of the interior of a parking area containing four or more parking spaces shall
be landscaped. In addition,a planter of a depth approved by the planning commission shall be located at
the property lines adjoining street frontages of the site, except for necessary drives and walks. A planter
three feet in depth shall also be located along all interior property lines bordering the parking area.
Interior landscaping shall be distributed throughout the parking area as required in the process of design
review under Chapter 9.78. Planting along the perimeter of a parking lot will not be considered as
counting towards the interior landscaping requirements.
B. Adequate landscaping shall conform to the following minimum standards:
1. Interior planting: one fifteen-gallon broad leaf or conifer tree for each fifteen parking spaces.
2. Street side planting shall be coordinated with required street trees, but in no event shall the number of
trees be less than one for every thirty-five feet of street frontage.
3. Trees, shrubs, ground covers, et cetera, shall be watered and permanently maintained. All dead
vegetation shall be removed and replaced. All planting areas shall be irrigated by an approved
permanent watering system. Where landscaping is required for off-street parking areas, or in other
vehicular parking areas, concrete curbing and/or bumper blocks shall be required to regulate vehicular
traffic and to protect plant materials from vehicles. Such curbing height shall be at least six inches.
Curbing of six inches or more shall be required where a public planter slopes toward a sidewalk and
said curbing is needed to retain water. Overflow devices which drain under sidewalks may be required
to assure that water does not overflow planters. In no event shall the finished grade of the irrigated
planter be less than three inches below a public sidewalk and/or curb. Where curbing is not required,
protection of pavement edge shall be made by approved methods.
4. Screening. Proper screening by fences, hedges or walls shall be installed as required in the process of
design review. Parking areas that adjoin residential zoned property shall be screened by minimum six-
foot fences or walls provided in connection with each residential zone.
(Ord. 80 Art. V(A)(8)(c), 1984)
9.58.120 Compliance with city standards.
All parking areas shall be improved per city standard specifications:
A. Concrete approaches shall be provided for ingress and egress. All driveways for parking facilities shall
be paved.
B. Minimum six-inch concrete wheelstops or curbs shall be installed to serve as protection of planting
areas (less than five feet in width), buildings, sidewalks, walls and fences, and against encroachment
into public or adjoining property or as otherwise determined by design review to reasonably be
required.
C. Every use that has shopping carts shall provide outside cart racks, approved as to number, design and
location,either in the process of design review or by adopted city standards.
(Ord. 80 Art. V(A)(8)(e), 1984)
9.58.130 Required off-street loading spaces.
A. Off-street loading space shall be provided and maintained on the same lot with every building or
separate occupancy as follows:
1.Hotels and restaurants 1
2. Commercial and industrial buildings
Under 20,000 sq. ft. gross floor area 1
Under 40,000 sq. ft. gross floor area 2
Under 80 000 sq. ft. gross floor area 3
Under 120,000 sq. ft. gross floor area 4
Under 160,000 sq. ft. gross floor area 5
Over 160,000 sq. ft. gross floor area 6
3.Office buildings,hospitals and institutions
Under 30,000 sq. ft. gross floor area 1
Under 80,000 sq. ft. gross floor area 2
Over 80,000 sq. ft. gross floor area 3
B. Size of Loading Space. Each required off-street loading space shall be not less than ten feet in width and
fifteen feet in height. Each space shall be designed and located so that vehicles need not extend onto
public sidewalks or streets in the course of loading or unloading goods, and each such space shall be a
minimum of twenty-five feet in length.
(Ord. 80 Art.V(A)(8)(f), 1984)
Chapter 9.60
SPECIFIC PLANS
Sections:
9.60.010 Intent and purpose.
9.60.020 Initiation.
9.60.030 Types of specific plans.
9.60.040 Preparation.
9.60.050 Use regulations.
9.60.060 Site planning.
9.60.070 Environmental review.
9.60.080 Approval process.
9.60.010 Intent and purpose.
The intent and purpose of the specific plan is to accomplish any or all of the following:
A. Provide a method for and to encourage the orderly implementation of the general plan and any
applicable regulations by the comprehensive planning and development of large areas of land under
unified ownership or developmental control so that the entire area will be developed in accord with an
adopted master plan and to provide an environment of stable and desirable character.
B. Provide a flexible regulatory procedure to encourage creative and imaginative planning involving a
mixture of uses, as permitted by zoning with open space and community facilities, both public and
private.
C. Provide a framework for the phased development of an approved planned area to provide assurance to
the developer that later development will be acceptable to the city.
D. Provide a method to resolve unique land use problems not resolvable through zoning or other regulatory
instruments.
E. Provide a method to ensure the availability of public facilities and the establishment of future rights-of-
way for streets, street expansion,and public utility and drainage easements.
(Ord. 203 § 3, 1988; Ord. 80 Art. V(B)(1), 1984)
9.60.020 Initiation.
Specific plans may be initiated in the following manner:
A. The planning commission may, or if so directed by the city council shall, initiate specific plans for the
systematic execution of the general plan to implement public policies and resolve land use problems.
B. Any property owner(s), or a designated representative of the property owner(s), may request through
application submitted to the city planner initiation of a specific plan for a designated area. If the city
planner finds that the specific plan is desirable, the applicant shall submit a written or graphic
description of the property, a statement of the desired land use and objectives of the specific plan, any
necessary information or plans and a fee in the amount adopted by city council resolution. Upon
acceptance by the city planner, the planning commission shall prepare and recommend to the city
council the specific plan document.
(Ord. 554 § 1, 2001; Ord. 203 § 3, 1988; Ord. 80 Art.V(B)(2), 1984)
9.60.030 Types of specific plans.
As contained herein, the city recognizes two types of specific plans. One is to provide guidance and the
other establishes regulations. The two types are further defined as follows:
A. Guidance. When a specific plan is intended to provide clarification and specific information with regard
to the policies and concepts expressed within the general plan, but not to provide the regulations
necessary for implementation, such specific plan may be adopted by resolution of the city council. A
specific plan resolution may include all of the details, concepts and programs deemed necessary to
ensure common understanding and implementation of the general plan as applicable to the area and the
issues covered by the specific plan. A specific plan adopted by resolution shall not include regulations
and requirements for implementation of the general plan.
B. Regulatory. When a specific plan is designed to be the regulations by which the general plan is
implemented, it shall be adopted by the city council by ordinance. Such plan may either supplement or
supersede all land use and public facility regulations applicable to the subject property.
(Ord.203 § 3, 1988; Ord. 80 Art. V(B)(3), 1984)
9.60.040 Preparation.
The planning commission shall prepare the specific plan based upon the information needed to meet the
intent of the specific plan. The specific plan shall contain a development plan and a development plan text
that either includes the following information or a statement on why such information is not pertinent to
meeting the intent of the specific plan:
A. Land use map showing the distribution, location and extent of the uses of land including open space
within the area covered by the plan, together with written regulations establishing height, bulk and
setback limits for such buildings and facilities, including proposed lots if the plan contains subdivision
of land.
B. The location and intensity of major components of public and private transportation system, including
existing or proposed streets within the property needed for servicing the project.
C. The location and intensity of major components for water supply, sewage disposal, storm water
drainage, disposal of solid waste, energy supply, and other essential facilities needed to support the land
uses described in the plan.
D. A program of implementation measures including regulations, programs, public works projects, and
financing measures necessary to carry the intent of the specific plan.
E. Preliminary grading plan indicating areas to be graded and the estimated amount of earth to be moved.
F. Standards and criteria by which development will proceed for the conservation, development, and
utilization of natural resources, including underground and surface waters, vegetation, soils, wildlife
resources and unique or sensitive land forms.
G. A scenic preservation plan delineating scenic natural features and view areas and how they are to be
retained.
H. A phasing plan indicating in what sequence or by what criteria various areas of the project will be
constructed and when the public facilities servicing these areas will be constructed.
I. Explanations and description of the information contained on the plans and text required above. In
addition, the text shall contain all detailed regulations, conditions, programs and proposed legislation
which may be necessary for the systematic implementation of the specific plan.
J. A statement of the relationship of the specific plan to the general plan.
K. Such other measures as may be necessary or convenient to ensure the execution of the general plan.
(Ord. 203 § 3, 1988; Ord. 80 Art.V(B)(4), 1984)
9.60.050 Use regulations.
A. Allowable uses in each specific plan shall be as established by the development plan text. The
development plan text may incorporate uses by reference to specific zone provisions, or, in the case of
specific plans adopted by ordinance,may establish specific use lists with definitions pertaining thereto.
B. Existing uses within the specific plan area at the time of its establishment shall be deemed allowable
and incorporated in the specific plan, unless terminated, discontinued, or changed pursuant to a specific
time schedule incorporated in the development plan text.
C. Unless otherwise provided by the development plan text, accessory uses shall be subject to the same use
regulation provisions as the principal use or facility.
D. Residentially oriented planned developments may include limited commercial uses within residential
zones to accommodate the residents of the project or as compatible ancillary uses.
(Ord. 203 § 3, 1988; Ord. 80 Art.V(B)(5), 1984)
9.60.060 Site planning.
A. Specific plan areas and all uses therein shall be designed and developed in a manner compatible with
and complementary to existing and potential development in the general vicinity of the plan area. Site
planning on the perimeter shall provide for the mutual protection of the plan area and surrounding
property from potential adverse influences.
B. Development criteria shall be as established by the zoning of the property. However, by specific plan
ordinance such criteria can be modified if it is determined that the overall planning is superior to
development adhering to the zone.
C. The maximum number of dwelling units within a site within a specific plan may differ and exceed the
density factor of the general plan provided the total number of units does not exceed that permitted by
the general plan within the total specific plan area.
D. All public streets within the specific plan area shall be dedicated and improved to city specifications for
that particular classification of street. Private streets within the development shall be permanently
reserved and maintained for their intended purpose by means acceptable to and enforceable by the city.
Other forms of access, such as pedestrian ways, courts, bike trails, or open parking lots may not be
offered for dedication as a means of meeting requirements for open space or park dedication
requirements.
E. All development within a specific plan shall relate harmoniously to the topography of the site, shall
make suitable provision for the preservation of water courses, drainage areas, wooded areas, rough
terrain, and similar natural features, and shall otherwise be so designed insofar as possible, to use and
retain significant natural features and amenities.
F. The proposed means for assuring continuing existence, maintenance and operation of the various
common elements and facilities within a specific plan shall be included in the development plan text.
G. Additional site development regulations and performance standards applicable to individual uses or to
designated portions of a specific plan may be established by the development plan and/or development
plan text.
(Ord. 203 § 3, 1988; Ord. 80 Art. V(B)(6), 1984)
9.60.070 Environmental review.
If an environmental impact report (EIR) is determined to be necessary, the information required for a
specific plan may be incorporated by reference in the EIR. Upon certification of the EIR no further EIR or
negative declaration pursuant to the State Public Resource Code (commencing with Section 21000) need be
filed for any project which is undertaken pursuant to and in conformity with the adopted specific plan for
which the EIR has been certified. However,an amendment to the specific plan will require an environmental
assessment, which may necessitate a supplemental EIR. Such supplemental EW shall be processed along
with the amended specific plan as provided above.
(Ord. 203 § 3, 1988; Ord. 80 Art. V(B)(7), 1984)
9.60.080 Approval process.
A specific plan shall be processed in the manner of a zone code amendment as follows:
A. Planning Commission Action. The planning commission shall hold a public hearing to review all
pertinent information as required for a change of zone.Upon satisfaction that the proposed specific plan
contains sufficient information, findings, and direction to effectively carry out the intent of the general
plan and other pertinent city policies and regulations, the planning commission shall prepare the final
specific plan for city council adoption.
B. City Council Action. Upon receipt of the specific plan from the planning commission, the city council
shall hold a public hearing for adoption of either a resolution or ordinance as prescribed in Section
9.60.030.
C. Administration.Upon adoption,the city planner shall affix to the zoning map the notation"SP"after the
zone designation of the area for which the specific plan is in effect. All future zoning or subdivision
applications shall meet the requirements of the specific plan and, where appropriate, the standards set
forth in this title.
D. Amendments. Minor amendments to the specific plan may be approved by the city planner, provided
such minor amendment does not add dwelling units or more than five percent to nonresidential structure
area, alter points of access into the specific plan area,modify traffic movement on arterial, secondary or
collector street systems,reduce open areas by more than five percent, shift residential densities between
planning areas within the specific plan, or change development standards beyond what would be
permitted by the zoning on the property. The city planner shall explain in writing to the planning
commission within ninety days of any and all such amendments.The written notice shall become part of
the file record. Amendments not meeting the provisions for minor amendments contained herein or
those denied by the city planner shall be processed as originally adopted. (Ord. 554 § 1, 2001; Ord. 203
§ 3, 1988; Ord. 80 Art.V(B)(8), 1984)
Chapter 9.62
SIGNS
Sections:
9.62.010 Purpose and intent.
9.62.015 General provisions and basic policies.
9.62.020 Sign definitions.
9.62.030 Procedures.
9.62.040 Exempt signs.
9.62.050 Prohibited signs.
9.62.060 Temporary sign provisions.
9.62.070 Special sign provisions.
9.62.080 Permitted signs.
9.62.090 Nonconforming signs.
9.62.100 Discontinuance of a business.
9.62.110 Structural safety,maintenance,identification,and illumination.
9.62.120 Appeals.
9.62.130 Violation of chapter.
9.62.010 Purpose and intent.
A. This chapter is intended to implement the goals and policies of the general plan of the city of Cathedral
City by preserving and enhancing the visual aspects of the city and to promote the orderly and attractive
construction, placement, and display of signs throughout the city of Cathedral City. Other interests
served include the promotion of tourism and commerce and the overall quality of life as affected by
signs. These general provisions serve as specific development standards to be applied in addition to any
provisions within each base or overlay zoning district.
B. This chapter is further intended to comply with state and federal laws requiring the posting of signs and
notices, and to create standards that will promote the health, safety, and general welfare of the city by
regulating the design, material, construction, illumination, location and maintenance of all signs and
sign structures.
C. This chapter is also intended to provide for a more orderly presentation of advertisements and
identification of properties within the city, to provide directional and destination information to serve
the public convenience, reduce traffic and safety hazards, and to further bring those devices in harmony
with the building,the neighborhood, and other signs in the area.
D. The city further intends,by this sign chapter,to balance the needs for signs as means of expression with
the need to protect the visual environment from signage that adversely affects the character of the
neighborhood and its property values. Any adverse effect on property values results in loss of tax
revenue to the detriment of the public as a whole. The value to any particular sign owner must be
weighed against the interests of other property owners in the neighborhood,both with respect to values,
the use and enjoyment of the property, and the contentment and happiness of the owner.
E. In adopting this sign ordinance, the city recognizes that sign blight is the functional equivalent of a
public nuisance adversely affecting the aesthetics,vitality,value and enjoyment of property and creating
a hazard to vehicular and pedestrian traffic. The elimination of sign blight promotes aesthetics which
tends to attract tourists, settlers,and industries to the city; in turn,providing a favorable environment for
private industries, in particular the tourist industry,thereby resulting in an economic advantage.
F. Signs required or contemplated by county, state or federal law; signs erected by the city engineer on
public property or in the public right-of-way to instruct or direct traffic; and signs owned or permitted
by a governmental agency over which the city does not have jurisdiction; are exempted from the
regulations in this chapter.
G. All signs are further subject to all relevant Declarations of Conditions, Covenants, and Restrictions
(commonly referred to as CCRs)in conjunction with other rules,regulations and policies adopted by the
landowner upon which a sign,or proposed sign is to be, sited.
H. The number and area of signs as outlined in this chapter are intended to be maximum standards.
I. It is unlawful for any person to erect,construct,enlarge, alter,repair,improve, convert,demolish,equip,
use,maintain,or relocate,any sign within the city,including painted signs, or to cause or allow the
same to be done,contrary to or in violation of any of the provisions of this chapter and without first
obtaining a written sign permit from the planning department,unless otherwise excepted by this
chapter. (Ord. 681 § 1,2009; Ord. 672 § 2,2009)
9.62.015 General provisions and basic policies.
The provisions and policies stated in this section apply to all signs within the regulatory scope of this
chapter,and override any provisions to the contrary contained elsewhere in this chapter.
A. Message Neutrality. It is the city's policy to regulate signs in a constitutional manner, which is content-
neutral as to noncommercial signs and viewpoint-neutral as to commercial signs.
B. Regulatory Interpretations. All regulatory interpretations of this chapter are to be exercised in light of
the city's message-neutrality policy. Whenever any sign permit or other authorization is subject to a
discretionary review, such review shall not consider the message content of the sign, other than whether
any proposed commercial messages thereon are off-site or on-site. Where a particular type of sign is
proposed in a permit application, and the type is neither expressly allowed nor prohibited by this
chapter, or whenever a sign does not qualify as a "structure" as defined in the building code, then the
city planner shall approve, conditionally approve or disapprove the application based on the most
similar sign type that is expressly regulated by this chapter.
C. Substitution of Messages. Subject to the landowner's consent, a noncommercial message of any type
may be substituted for any duly permitted or allowed commercial message or any duly permitted or
allowed noncommercial message, provided that the sign structure or mounting device is legal without
consideration of message content. Such substitution of message may be made without any additional
approval or permitting. This provision prevails over any more specific provision to the contrary within
this chapter. The purpose of this provision is to prevent any inadvertent favoring of commercial speech
over noncommercial speech, or favoring of any particular noncommercial message over any other
noncommercial message. This provision does not create a right to increase the total amount of signage
on a parcel or land use, nor does it affect the requirement that a sign structure or mounting device be
properly permitted. This provision does not allow for the substitution of an offsite commercial message
in place of an onsite commercial message.
D. Rules for Noncommunicative Aspects of Signs. All rules and regulations concerning the
noncommunicative aspects of signs, such as location, size, height, illumination, spacing, orientation,
etc., stand enforceable independently of any permit or approval process.
E. Multiple Use Zones. In any zone where multiple uses are allowed,the signage rights and responsibilities
applicable to any particular use shall be determined as follows: The particular use shall be treated as if it
were located in a zone where that particular use would be allowed, either as a matter of right or subject
to a conditional use permit or similar discretionary process.
F. Owner's Consent. No sign may be displayed on real or tangible personal property without the consent
of the legal owner of the property on which the sign is mounted or displayed. For purposes of this
policy, "owner"means the holder of the legal title to the property and all parties and persons holding a
present right to possession,control or use of the property.
G. Safety Codes. In addition to the requirements of this chapter, all signs displayed in the city must comply
with all applicable safety codes, such as building,plumbing, electrical,mechanical,grading, fire, etc.
H. Other Law. All signs displayed in the city must comply with the requirements of this chapter and the
requirements of all other applicable law.
I. Permit Requirement. It is unlawful to display any sign within the limits of the city without a sign
permit, unless the particular sign is expressly exempted from the permit requirement by a provision of
this chapter, state or federal law.
J. Severance. If any section, sentence, clause, phrase, word, portion or provision of this chapter is held
invalid or unconstitutional or unenforceable by any court of competent jurisdiction, such holding shall
not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision
of this chapter which can be given effect without the invalid portion. In adopting this chapter, the city
council affirmatively declares that it would have approved and adopted the chapter even without any
portion which may be held invalid or unenforceable. (Ord. 672 § 2,2009)
9.62.020 Sign definitions.
"Abandoned sign" means any sign or display which has been abandoned for a period of ninety days or
more, or which pertains to a time,use,event,purpose or business which no longer exists.
"Abatement"means the elimination and removal of any sign in violation of this chapter.
"Advertise," "advertising" or "advertisement" refers to any message, communication or expression
identifying a business or development, announcing the availability of a product, merchandise or service,
making claims as to the value or quality of any product, merchandise or service or otherwise attracting
attention to or promoting(either directly or indirectly)any product,merchandise or service.
"A-frame sign" means a temporary sign with two faces that are hinged together to create an 'A' or
triangle shaped device.A-frames are usually portable and are also referred to as"sandwich boards."
"Amortization,"as pertaining to this chapter,means the gradual extinction of nonconforming signs.
"Awning" means a nonstructural covering attached to a building or supported by freestanding posts for
the purposes of giving shade to pedestrians or windows and door openings. Awnings are generally made of
canvas or other cloth material.
"Awning, canopy or marquee sign" means a sign that is printed on, painted on, or attached to an
awning,canopy or marquee.
"Banner or flag sign"means a sign composed of light weight material either enclosed or not enclosed in
a rigid frame. Any cloth,bunting,plastic,paper,or similar material attached to or pinned on or extending out
from any structure, staff,pole, line, framing or vehicle,including captive balloons and inflatable signs.
"Billboard or outdoor advertising display" means advertising structures and signs used for outdoor
advertising purposes,not including on-site advertising structures and signs as defined in this chapter.
"Building,"for purposes of this chapter, includes any structure requiring a building permit.
"Building face and/or frontage" means the horizontal distance of the general outer surface of the single
front building elevation in which the primary entrance to the business is located. If more than one business is
located in any single building, then such length shall be limited to that portion which is occupied by each
individual business. In computing allowable area of a wall sign for a structure,the building face or frontage
shall not include appurtenant, accessory or secondary structures, and shall not include structures that are not
enclosed such as carports or breezeways.
"Canopy" means a roof-like structure extending from part or all of a building face and constructed as a
permanent part of the building, either attached or freestanding, that is capable of allowing vehicles to freely
pass under.
"Changeable copy sign" means a sign designed to allow the changing of lettering, messages or other
information through manual, mechanical, or electrical means including time and temperature. Changeable
copy signs may have multiple messages that are individually displayed at common intervals, such as a
traditional movie theatre marquee sign or billboard.
"City planner"means the supervisor of the planning department staff or designee.
"Co-tenant or multiple-tenant" refers to a tenant in a structure that contains more than one business
adjoined by a common wall or roofline on the same site. For the purposes of this chapter, a co-tenant also
refers to a tenant of a commercial landlord that leases or otherwise makes space available within a primary
business for a secondary or ancillary business or service requiring additional or separate signage.
"Digital display sign" means an outdoor advertising display using light emitting diodes (L.E.D.) or
similar technology to display static images controlled by electronic communications.
"Directional sign" means signs limited to directional messages, principally for pedestrian or vehicular
traffic, such as"one-way,""entrance,"or"exit."
"Directory sign" means a sign listing the tenants or occupants and their suite numbers in a building,
center, subdivision or planned unit development.
"Double faced sign"means a single structure designed with the intent of providing copy on both sides.
"Downtown area" means the MXC zoned portion of the downtown commercial (DTC) area as
designated in the general plan.
"Eave line" means the top of a parapet wall or the lowest point of a pitched roof, including mansard
style roofs. Where a parapet wall is combined with a mansard roof, the eave line shall be the top of the
parapet.
"Face or wall of a building" means the outer surface of any main exterior wall or foundation of a
building, including windows and storefronts.
"Freestanding sign" means a sign supported by one or more uprights, braces, poles or similar
components placed upon or into the ground and detached from any building.
"Freeway-oriented sign"means a sign within a specified distance of the freeway(Interstate 10).
"Frontage"means the length of the horizontal distance of a site parallel and adjacent to a street or other
public thoroughfare,but not including such length along an alley or railroad.
"Height of sign," unless otherwise indicated, means the greatest vertical distance from the existing
planned grade of the top of the curb or street frontage to the highest element of a sign. For sloped elevations,
the height shall be measured from the midpoint of the sign and shall be applicable to the whole sign.
"Identification sign" means a sign that identifies the name, nature, logo, trademark, symbol or insignia,
address, or any combination of the name, symbol and address of a building, business, project, development
or establishment.
"Illuminated sign" means a sign with an artificial source of light for the purpose of illuminating the
sign.
"Master sign program" means a coordinated plan for signage for an individual building or group of
buildings approved pursuant to the provisions of this chapter. The master sign program will identify the
placement and size of all signs, as well as the materials and method of illumination to provide consistency
among signs and compatibility with the architecture of the building(s).
"Monument sign" means a low-profile independent structure supported on grade at the bottom of the
sign with the appearance of having a solid base set in a landscaped area and incorporates the materials and
architectural theme of the building(s) on the same property. Unless a different height limit is stated, a
monument sign shall not exceed seven feet in height.
"Multi-tenanted building" means a building containing more than one individual business within a
shopping,professional or industrial complex.
"Neon sign" means any sign containing neon or other inert gaseous chemical that provides a visible
discharge or that glows.
"Nonresidential" refers to property not improved with or zoned for a single- or multiple-family
residence.
"Off-site sign" means a sign or sign structure of any kind or character which advertises products,
merchandise, activity or service not available on or at the premises upon which the sign is located. Bus
benches with advertising are not included within this definition. For purposes of this chapter,the on-site/off-
site distinction applies only to commercial messages; all signs with noncommercial messages shall be
deemed to be on-site,regardless of location.
"On-site sign" means any commercial sign which advertises products, merchandise, activity or service
available on or at the premises upon which the sign is located. For purposes of this chapter, the on-site/off-
site distinction applies only to commercial messages; all signs with noncommercial messages shall be
deemed to be on-site,regardless of location.
"Person"means any individual,firm,partnership,corporation or other entity.
"Pole sign"means a form of freestanding sign that is supported by a single post that is less than one-half
the overall sign width; excluding directional signs,billboards and freeway-oriented signs.
"Portable sign"means a sign that is not permanently affixed to a structure or the ground.
"Pylon sign" means a sign face that is elevated by one or two structural supports that is architecturally
integrated with the design of the primary structure on the property excluding pole signs, directional signs,
billboards and freeway-oriented signs.
"Residential"refers to property improved with or zoned for single-or multiple-family residence(s).
"Roof line" means the upper edge of any building wall or parapet exclusive of any sign tower for any
flat roof structure, or a line halfway between the eave line and the ridge line of the roof, exclusive of any
sign tower,of any gable-roof structure.
"Roof sign" means a sign erected, constructed, or placed upon or over the eave or roof of any building
or, in the case of a flat roof structure, one that extends over or above the roof line, or any sign affixed to the
wall or a building so that it projects above the eave line of a roof; and which sign is wholly or partially
supported by the building; but not including a sign on a mansard roof, portico or canopy if said mansard
roof,portico or canopy is architecturally integrated with the building.
"Shopping center" means a group of at least five businesses, within a building or buildings, on a
minimum five acre site which functions as an integral unit where common vehicular access to the street and
common on-site parking facilities are provided.
"Sight triangle" means a triangular-shaped portion of land established at street intersections or at the
intersection of a street and driveway in which no permanent structures are placed and where no vegetation or
other obstructions are allowed between thirty inches above grade and fifteen feet above grade to preserve the
sight distance of motorists entering or leaving the intersection. For the purposes of this chapter, the sight
triangle is defined as twenty-five feet from the property line parallel to the street and intersecting street or
driveway.
"Sign," in addition to its common meaning, means any mark or painted character on any object,
structure, device, figure, statuary, painting, display message, placard, or other contrivance, or any part
thereof, visible from outside of a structure. The word "sign" also includes any graphic announcement,
declaration, demonstration, display, illustration, or insignia when the same is placed in view of the general
public. For purposes of this chapter, at all times that a sign is being held by an individual, it shall be exempt
from this chapter.
"Sign area" means the entire copy face of the sign. The following methods will be used to compute the
area of sign copy:
1. The area of a sign is to be computed by multiplying the total height by the total length of all sign faces,
including framework on the sign face but excluding the base. Computation of the sign area shall enclose
the extreme limits of writing, representation, emblem, or any figure of similar character, together with
any material or color forming an integral part of the display or used to differentiate such sign from the
background against which it is placed. The sign area shall include a colored or textured background that
is different than the fascia on which it is placed. It shall also include the perimeter trim on the sign face
of a cabinet sign. If the sign is composed solely of individual channel-type letters mounted on a surface,
the area shall be measured by outlining the extreme limits of writing and enclosed by no more than
eight lines.
2. In the case of a sign designed with more than one exterior surface, the area shall be computed as
including only the maximum single display surface that is visible from any ground position at one time.
The area of a freestanding sign which has three or more faces shall be computed by adding the areas of
each face of the sign.
3. The area of a freestanding sign that is an object or statuary shall be computed by the appropriate
mathematical equation for determining the total surface of an object.
4. The supports, uprights, or structure on which any such sign is supported shall not be included in
determining the sign area unless such supports, uprights, or structures are designed in such a manner as
to form an integral background of the display.
"Sign face"means the surface or that portion of a sign that is visible from a single point as a flat surface
or a plane and considered as such together with the frame and the background.
"Temporary sign" means a sign used solely for the purpose of advertising an event occurring on a
specific date, or otherwise advertising a commercial use, which sign is displayed for ninety cumulative days
or less within any twelve-month period.
"Tri-vision sign"means a changeable message billboard with vertical louvers for graphic applications.
"Vehicle sign" means a sign which is attached to, painted on, placed upon or suspended from a vehicle
or trailer, either operable or inoperable, which is subject to state licensing before it can legally operate on
public roads and highways.This shall not include bumper stickers or the permanent finish on the body of the
vehicle.
"Wall sign" means a sign attached to, painted on or erected on the exterior wall of the building or
structure in such a manner that the wall becomes the supporting structure for, or forms the background
surface of, the sign with the exposed face of the sign in a plane approximately parallel to the plane of the
exterior wall of the building and not extending above the eave line.
"Window sign" means a sign that is applied, affixed or attached to a window or located in such a
manner that it can be seen from the exterior of the structure.
To the extent that any term of legal or other professional art appearing in this chapter has not been
defined in this section or elsewhere in this code, that term shall be understood to have the meaning and
construction customarily applicable in such profession as of the time of the adoption of this chapter. Unless
otherwise defined herein, or unless a term of legal or professional art, all terms shall be construed according
to their plain English signification.
The rule of the common law, that statutes in derogation thereof are to be strictly construed, shall have
no application to this chapter, which shall be liberally construed to accomplish its ends, saving where the
Constitution or laws of the United States or the state of California shall require otherwise. (Ord. 770 § 2,
2015; Ord. 672 § 2, 2009)
9.62.030 Procedures.
A. Permit Required. Unless otherwise excepted by this chapter, it is unlawful for any person to erect,
construct, enlarge, alter, repair, improve, convert, demolish, relocate, equip, use or maintain any sign
within the city, including painted signs, or to cause or allow the same to be done,without first obtaining
a written sign permit from the city planner.
B. Business License. All businesses requesting a sign permit pursuant to this chapter including, but not
limited to, sign companies installing signage within the city limits shall have a valid Cathedral City
business license.
C. Application for Sign Permit. Application for a sign permit shall be made on a form provided by
the planning department and shall be accompanied by a fee as established by city council resolution.
The applicant shall submit four sets of dimensioned plans to scale.At least one of the four sets shall
include elevations and sign faces in color.The sign permit application shall include the following
information:
1. The location and size of all existing and proposed buildings or structures on the property (including
linear feet of frontage facing each public right-of-way and parking lot);
2. The location of off-street parking facilities including major points of entry and exit for motor vehicles
where directional signs may be proposed;
3. The design, size, colors, materials and lighting proposed, and the proposed location of the sign or sign
structure on the property(color and material samples shall be submitted);
4. The method of attachment of the sign to any structure, the footing details for freestanding signs and the
electrical details for illuminated signs;
5. Location of any easements and utilities encumbering the property on which the sign(s)will be placed;
6. A written statement, diagrams or pictures identifying sizes and dimensions of all other signs existing on
the property,under the control of the applicant;
7. A written statement, diagrams or pictures identifying the size, square footage of sign and method of
calculation, and color relationships of such sign or sign structure to the appearance and design of
existing or proposed buildings and structures on the property;
8. A statement by the applicant as to whether the sign will display on-site or off-site commercial messages
and/or noncommercial messages; and
9. Such other information as the planning department may reasonably require to demonstrate full
compliance with this chapter and all other applicable laws.
D. Issuance of Sign Permit. The completed sign permit application and appropriate fee shall be submitted
to the planning department and processed as follows:
1. The planning department shall review the application and supporting information for the sign permit.
Should the application not be complete, or should the application fail to comply with the provisions of
this chapter, the city planner or designee shall notify the applicant in writing of how the application is
incomplete, or how it does not comply with this chapter.
2. All sign permit applications shall be reviewed by the planning department. The city planner or designee
shall approve any application subject to the following criteria:
a. Approval of the proposed sign would be consistent with the provisions of this chapter;
b. The sign does not constitute a detriment to public health, safety and welfare; and
c. The proposed sign is in compliance with all applicable city codes, including, but not limited to,
electrical codes.
E. Application for Master Sign Program. A master sign program is intended to integrate project signs into
the architectural design of the site, thereby creating an architectural statement of high quality. A master
sign program provides a flexible means of applying and modifying the sign regulations in this chapter to
ensure high quality in the design and display of multiple permanent signs for a project or use and to
encourage creativity and excellence in the design of signs. It is expected that the design quality of signs
proposed under a master sign program will be of a superior quality and creativity to those that might
result through the normal sign permit process. A master sign program shall include provisions for
temporary signs in accordance with this chapter where temporary signs are desired by a project
applicant.
1. Applicability. A master sign program shall be required whenever any of the following circumstances
exist:
a. More than one separate nonresidential tenant space is created on the same parcel;
b. Six or more permanent non-exempt signs are proposed for a single use;
c. The project has special characteristics requiring a master sign program. Such characteristics include the
need for master on-site or off-site directional or identification signage, changeable copy not otherwise
mandated by law, the size of proposed signs, limited site visibility, a business within a business, the
location of the site relative to major transportation routes, etc.;
d. Unique,creatively designed signs are being proposed; or
e. On-site pedestrian-oriented portable"A-frame"signs are proposed.
2. Approval Authority. A proposed master sign program shall be approved or denied by the planning
commission based upon the regulations and requirements as specified in this chapter. If a master sign
program is required and/or requested, the application for same shall be submitted concurrently with an
application for design review or conditional use permit.
3. Modification of Regulations. A master sign program may allow for less restrictive sign regulations so
long as those regulations are approved by the planning commission and supported by findings. The
planning commission may allow modifications relating to sign area, number of signs, height, and
location. However, a master sign program shall not include signs that are otherwise prohibited by this
chapter.
4. Application Requirements. A proposed master sign program shall include all information and materials
required by subsection C, the filing fee in compliance with city council fee resolution, and shall be
supplemented by any additional information that may be requested by the planning commission. The
planning department shall review the application and supporting information for the proposed master
sign program. Should the application not be complete, or should the application fail to comply with the
provisions of this chapter, the city planner or designee shall notify the applicant in writing of how the
application is incomplete, or how it does not comply with this chapter. If the application is complete,
the application shall be submitted to the planning commission for hearing at the next planning
commission meeting for which notice and agenda requirements can be satisfied.
5. Findings. In order for a proposed master sign program to be approved, the planning commission shall
first make the following findings:
a. The proposed signs do not constitute a detriment to public health, safety and welfare;
b. The proposed signs are in compliance with all applicable city codes, including, but not limited to,
electrical codes;
c. The master sign program complies with the purpose and intent of this chapter, including all
requirements and other special provisions as specified in this chapter;
d. The proposed master sign program is in harmony with and enhances the overall development and
surrounding structures;
e. The master sign program complies with the standards of this chapter,except that flexibility is allowed in
the planning commission's interpretation of appropriate sign area,number, location,and/or height to the
extent that the master sign program will enhance the overall development, achieve superior quality
design,and will more fully accomplish the purposes of this chapter;
f. If changeable sign copy is proposed,the following additional findings are required:
i. The proposed changeable copy is essential for advising the public as to continually changing events or
programs that are the primary focus of and traditionally integral to the type of use,
ii. The number of changeable copy signs shall be limited to the allowable number of monument signs as
defined by this chapter,
iii. The sign displays on-site advertising,
iv. The height and area is within the maximum sign area limits established in this chapter,
v. Of the total allowable sign area, up to a maximum of seventy five percent of the area will be dedicated
to the changeable copy format,
vi. The sign is designed as an integral portion of the businesses monument,marquee or wall sign,and
vii. The sign height and mass shall be of an appropriate scale and relationship to the buildings on site
and adjacent to the street;
g. If on-site "A-frame" signs are proposed, they will be limited to a maximum of one sign per business,
pedestrian-oriented, located on private property, professionally designed and constructed, not placed
within public right-of-way, and will be located within ten feet of the main pedestrian entrance to the
business.
6. Revisions to Master Sign Programs. Revisions to master sign programs may be approved by the city
planner or designee so long as the revision is consistent with the requirements of this chapter and the
appropriate fmdings can be made. Revisions that would substantially deviate from the original approval
shall require the approval by the planning commission of a new master sign program. (Ord. 672 § 2,
2009)
9.62.040 Exempt signs.
The following signs shall be exempt from a permit application:
A. Signs within a structure not visible from the outside of a building;
B. A maximum of one flag, not exceeding fifteen square feet, per residential lot; provided, however, that
all flag poles shall be subject to the requirements set out at Section 9.80.030 and no flags shall be
permitted on a vacant lot;
C. A maximum of three flags that display noncommercial or on-site commercial messages, not exceeding
sixty square feet each, on nonresidential lots; provided, however, that no flags shall be permitted on a
vacant lot;
D. Wall signs provided that all of the following conditions exist:
1. The signs number no more than two per lot or, in the case of lots with multiple units,two per unit,
2. No such sign shall project beyond the property line,extend into the public right-of-way,or be within the
sight triangle,
3. The area of said signs shall not exceed one square foot per sign if located on residential lots containing
four units or less,and
4. The area of said signs shall not exceed two square feet per sign if located on a nonresidential lot, or on a
residential lot containing five or more units;
E. Temporary signs in compliance with this chapter; provided, however, that all requirements for a
temporary sign program set out in Section 9.62.060 shall have been satisfied;
F. On-site for-sale or for-rent signs, during the period that the subject property is offered to the general
public for sale or for lease,subject to the following provisions:
1. Said signs shall be limited to one per street frontage,with a maximum per lot of two,
2. Said signs shall not exceed seven feet in height,
3. On a residential lot, each such sign shall not exceed four square feet of sign area,
4. On a nonresidential lot,each such sign shall not exceed thirty two square feet per sign area,
5. Said signs shall be located outside the public right-of-way and shall not be located within the sight
triangle, and
6. Up to five related off-site open-house signs shall be permitted during any period that the subject
property is open for public inspection; provided that the property owner or agent is present at the site
during the period of time that the sign is in place; and provided further that such signs are placed and
removed within an eight-hour period;
G. Window signs in commercial and industrial zones, subject to the following provisions:
1. Window signs shall be posted on the inside of a window but not between four feet above exterior grade
and seven feet above exterior grade,which area is to remain clear of signage,
2. Cumulatively, said signs shall cover less than twenty percent of the area of a window located on the
ground floor of the building,
3. Cumulatively, said signs shall cover less than ten percent of the area of a window located on the second
story of a building frontage,
4. The only illumination permitted is neon signage,
5. Signs inside the building but within three feet of a storefront window shall be counted as a window sign,
and
6. Temporary signs displayed in the window shall be included when calculating the area of the window
that may be covered with a window sign; however, said sign area shall not be counted toward the
aggregate of the otherwise allowable sign area. (Ord. 672 § 2,2009)
9.62.050 Prohibited signs.
Any sign not specifically authorized by this chapter shall be prohibited. Additionally, the following
signs are expressly prohibited in the city:
A. Abandoned signs;
B. Signs which are unsafe or a danger to the public;
C. Signs which rotate, move, flash, reflect, blink, or appear to do any of the foregoing, either self- or
human-powered, regardless of the location of the sign; except, however, approved changeable copy
signs, or those otherwise mandated by law,are exempted from said prohibition;
D. Signs on public property except as otherwise provided in this chapter;
E. Signs on public or private property that project over or into the public right-of-way, unless otherwise
authorized by this chapter;
F. Off-site signs except as otherwise provided in this chapter;
G. Billboard signs except as expressly approved by the city council;
H. A-frame signs except as otherwise provided in this chapter;
I. Vehicle signs;
J. Roof signs;
K. Pole signs;
L. Signs with exposed raceways, ballast boxes, transformers, crossovers or conduits, unless otherwise
approved pursuant to a master sign program;
M. Any sign that encumbers ingress to or egress from a door, window or fire escape and any sign
placement or method of attachment that could serve to hinder, delay, or render inaccessible or
inoperable emergency equipment including, but not limited to, fire hydrants, fire escapes, fire alarms
and stand pipes;
N. Signage placed within a sight triangle of any intersection or driveway, or so as to unreasonably interfere
with traffic visibility including placement, maintenance, or display upon, or in view of, any street or
highway, any unofficial sign, signal, or device, or any sign, signal, or device which purports to be or is
an imitation of, or resembles, an official traffic control device or which attempts to direct the movement
of traffic or which obstructs the view of any official traffic control device;
O. Illuminated signs located fewer than fifty feet from a single-family residential zone;
P. Any sign(s) not included in the scope of a sign permit that is bolted, tagged or tacked onto another
permitted sign;
Q. Any sign located on the third or higher story of a building shall be prohibited except for those approved
pursuant to a master sign program; and
R. Signs displaying obscene matter, as defined by Miller v. California (1973) 413 U.S. 15, 18-19, or
otherwise prohibited by law. (Ord. 672 § 2,2009)
9.62.060 Temporary sign provisions.
A. Except as otherwise provided in this chapter, no temporary sign displaying a commercial message shall
be allowed unless the applicant shall have first filed a temporary sign program; paid the requisite filing
fee as provided by resolution of the city council; and the city planner or designee has approved the
proposed temporary sign program. The proposed temporary sign program shall include a statement of
compliance with this chapter and certify the person responsible for removing the sign and, in the event
the sign is not timely removed consistent with the provisions of this chapter, the person responsible for
reimbursing the city for any cost incurred to remove and dispose of the sign. A proposed temporary sign
program shall be approved by the city planner or designee immediately upon submission if the requisite
fee has been paid and the proposal demonstrates that each proposed sign meets all the conditions
applicable to a temporary sign as set out in this chapter.
B. A temporary sign displaying a noncommercial message shall not require prior approval of the city
planner and may be displayed consistent with the temporary sign program immediately upon the filing
of same with the planning department. However, if it shall subsequently be determined that the actual
sign displayed is inconsistent with the temporary sign program on file, or that the temporary sign
program on file does not demonstrate that each proposed sign meets all the conditions applicable to a
temporary sign as set out in this chapter, then the temporary sign may be removed by city staff after
notice to the responsible person as provided in this chapter. No fee is required for the filing of the
proposed temporary sign program for a noncommercial sign.
C. No temporary sign shall be placed or erected on any property within the city without the consent of the
owner or tenant of such property.
D. Temporary signs in a commercial or industrial zone with a commercial message shall be allowed only
where permanent signs are allowed.
E. Temporary signs shall not be illuminated.
F. No temporary sign shall be placed, attached or erected on public property, or in the street right-of-way,
including,but not limited to, utility poles, sign poles,trees, fences,walls and public buildings, except as
otherwise expressly provided in this chapter.
G. No temporary sign shall be placed so as to pose a visibility hazard to pedestrian or motor vehicle traffic,
and no sign shall be located within a sight triangle.
H. The temporary signage shall be limited to a maximum of sixteen square feet per sign, a maximum
height of five feet,with a cumulative maximum area of eighty square feet,per lot,and no illumination is
allowed; except, however, that on nonresidential lots improved with a multi-unit structure, the
maximum sign face area per sign shall be increased to thirty-two square feet. In addition, on
nonresidential lots improved with a multiunit structure, each unit shall be allowed one additional
temporary sign, mounted on the wall, below the eave line and above the doors and windows, subject to
the following:
1. For each unit with fifteen thousand or less square feet of fmished interior space, the sign face area shall
not exceed twenty-four square feet; and
2. For each unit in excess of fifteen thousand square feet of finished interior space, the sign face area shall
not exceed fifty square feet.
I. Temporary signs placed in violation of this chapter may be removed at the direction of the code
compliance chief or designee, subject to the following notice requirements:
1. If a temporary sign is found in the public right-of-way or on public property and constitutes a threat to
public safety, it may be removed immediately. Additionally, a temporary sign remaining on public
property or within the public right-of-way more than ten days after the event that is identified on the
sign face may be removed immediately. Said signs may thereafter be destroyed if the owner has been
given at least fifteen days' notice but has not claimed the sign, or if the responsible party cannot be
identified and/or located. If said sign is identified in a temporary sign program on file with the city or
has an identification label attached, said notice shall be directed to the responsible person identified
therein.
2. Any other temporary sign deemed to be in violation of this chapter, but which does not pose an
immediate threat to the public safety, shall be removed after the owner or responsible party, if same can
be identified and/or located, has been given at least twenty-four hours' notice but has not removed the
sign. If not claimed by the owner within seven days of removal, said sign may then be destroyed. If said
sign is identified in a temporary sign program on file with the city or has an identification label attached
whereby the responsible person can be readily contacted,the following provisions shall apply:
a. The twenty-four-hour notice to remove the sign shall be directed to the responsible person identified in
the temporary sign program or on the identification label; and
b. If within four hours of a request by city staff to the responsible person that a sign be removed, the
responsible person causes the sign to be removed, said sign shall not be deemed a violation of this
chapter and no further enforcement action shall be taken, subject to the following:
i. The request to remove concerns no more than five temporary commercial signs advertising an event
occurring on a specific date,
ii. The subject signs are not located on public property or within right-of-way, and
iii. The subject signs were first placed in service on the date of the event.
J. Any temporary sign used solely for the purpose of advertising or promoting an event occurring on a
specific date, including, but not limited to, an election, shall not be maintained for a period in excess of
ten days after the happening of the event; except, however, a sign used only on the day of the event
shall be removed immediately upon the conclusion of the event.
K. All signage shall be maintained in good repair and condition.
L. One on-site portable sign may be allowed provided the sign meets all of the following requirements:
1. An approved temporary sign program is on file in the planning department;
2. If an aerial or ground-mounted inflatable device, the portable sign shall not exceed a height of twenty
feet; any other type of portable sign shall not exceed four feet in height and twelve square feet in area;
3. Portable signs shall not be set within, or extend into,the public right-of-way or line of sight triangle;
4. Portable signs shall be secured to the ground to assure stability under all weather conditions; weighting
the base with sand bags or similar objects does not meet this condition;
5. Portable signs shall be removed during non-business hours;
6. Portable signs shall not be illuminated;
7. Vehicular-oriented portable signs shall be spaced at least seventy-five feet from the nearest portable or
temporary sign; pedestrian-oriented portable signs shall be placed within ten feet of the primary
pedestrian entrance to a business,not to exceed one such sign per pedestrian entry per street frontage;
8. All portable signs and portable sign structures shall be professionally fabricated; and
9. Portable signs shall only be allowed on nonresidential lots; provided, however, that portable signs shall
not be allowed on any vacant lot. (Ord. 776 § 16,2016; Ord. 672 § 2,2009)
9.62.070 Special sign provisions.
A. Billboard Signs.
1. Billboards Prohibited. No person shall erect or maintain a billboard within the city.
2. Nonconforming Billboards. A legal nonconforming billboard may continue to be operated and
maintained in accordance with Chapter 9.66 of this code. For the purposes of this paragraph
and paragraph A of Section 9.66.030, converting a legal nonconforming billboard with static
copy to a billboard with digital or changeable copy is deemed an increase in intensity of the
nonconforming use and shall not be permitted.
3. Billboards on Tribal Land. Billboards on Tribal land shall conform to Ordinance No. 13, as
amended, of the Agua Caliente Band of Cahuilla Indians, entitled "Tribal Ordinance
Controlling Outdoor Advertising Displays."
4. Cannabis Advertising.
a. No person shall allow cannabis or cannabis products to be advertised on any billboard within one
thousand feet of:
i. A day care center, which for the purposes of this section means a child day care facility other than a
family day care home, and includes infant centers, preschools, extended day care facilities, and school-
age child care centers;
ii. A public or private school providing instruction in any grade from kindergarten to twelfth grade;
iii. A park;
iv. A youth center, which for the purposes of this section means any public or private facility that is
primarily used to host recreational or social activities for minors, including, but not limited to, private
youth membership organizations or clubs, social service teenage club facilities,video arcades,or similar
amusement park facilities; or
v. The city's public library.
b. No person shall allow cannabis or cannabis products to be advertised on any billboard that depicts any
of the following:
i. A person or character engaged in the act of smoking, vaping or otherwise ingesting cannabis or
cannabis products; or
ii. Cartoon characters or other characters attractive to children.
B. Downtown Area Signs.
1. Purpose. This section shall pertain to the downtown area. Where a particular standard is not addressed,
other sections of this chapter shall apply.
2. Design. Signs shall be architecturally compatible with a building's architectural style in regard to size,
color, materials and illumination. Overall proportions of the structure on which the sign is located shall
guide the design of signs:
a. Signs shall be located on parapets, towers, turrets, recessed wall areas and/or other building
architectural features specifically designed for a sign;
b. Freestanding business identification signs in the Pickfair Core portion of the MXC district shall be
pedestrian oriented in nature (size and location) and shall not attempt to gain the attention from vehicles
traveling on surrounding streets; and
c. All buildings containing two or more tenant spaces shall submit a master sign program for review and
approval to the planning department.
3. Sign Materials and Lighting. Except as may be allowed pursuant to a master sign program, basic
channel letters (individual internally illuminated plastic or metal letters) and can signs (internally
illuminated plastic panels within a sheet metal box enclosure) are not permitted. The other following
criteria shall apply:
a. Signboards made of solid wood or metal with painted or engraved letters, or mounted letters of wood or
metal are permitted;
b. Silhouette, or figurative signs with symbols and/or ornamental figures made of wood,metal or neon are
permitted;
c. Exterior-mounted custom neon signs mounted on walls or on a signboard or metal support frame or
enclosure, or interior mounted behind clerestory windows are permitted;
d. Internally illuminated signs with lighting inside and/or behind the sign(halo-lit)are permitted; and,
e. Lighting fixtures that illuminate the top or bottom of signs with single or multiple spotlights shall be
screened in a manner to minimize light and glare unless said lighting fixtures are an integral part of the
architecture of the building to which they are attached.
4. Signs Specifications.The following specifications shall apply:
a. Wall signs, flush mounted or painted are allowed;
b. Awning and canopy signs, pursuant to the regulations contained herein are allowed; except that plastic
awnings or illuminated"balloon"awnings are not allowed;
c. All building mounted signs shall not exceed one square foot per one linear foot of tenant, street or
parking lot frontage, and shall not exceed one hundred square feet in total area; and
d. Banners in the MXC zone shall be maintained in the same condition as originally approved and
installed.
C. Specific Plan No. 99-53 Area Signs.
1. Signs within the area of Specific Plan No. 99-53, except as may otherwise be approved pursuant to any
other provision of this chapter, shall meet all of the following requirements:
a. Freestanding or monument signs are allowed, each of which shall not exceed fifty square feet in area
and seven feet in height; provided, however, each such sign shall be separated by at least a distance of
seventy-five feet and shall not be located within the sight triangle or public right-of-way; and said signs
may be illuminated;
b. The total area of signage for attached wall signs for each side of a structure facing public right-of-way
or parking lot shall not exceed one square foot per linear foot of frontage to a maximum of one hundred
square feet when the building is less than one hundred feet from the public right-of-way; provided,
however, the total area shall not exceed one and one-half square feet per linear foot of frontage, to a
maximum of one hundred fifty square feet, if the structure is set back at least one hundred feet from the
public right-of-way; and provided the signs are attached to the building fascia and do not exceed two-
thirds of the height of the fascia;
c. Directional signs shall be limited to either monument signs, not exceeding three feet in area and four
feet in height, or attached wall signs not exceeding six square feet in area; provided, however, that said
directional signs shall not be within the sight triangle or the public right-of-way, and shall not be
illuminated;
d. Monument signs shall match the design of the main freestanding sign;
e. Directional signage shall be architecturally consistent with other signage as a part of the master sign
program; and
f. All signage shall be designed in a manner that integrates it with the project design and architecture
through the use of common elements pertaining to scale, style, material, color, lettering, illumination,
construction and location.
2. Identification signs within public or private easements adjacent to the specific plan area at the
intersection corners of Auto Park Drive and Perez Road at East Palm Canyon Drive, and the intersection
corners of Kyle Road at Perez Road, shall be allowed provided the following criteria are met:
a. Changeable copy or other non-related advertising copy is prohibited;
b. Said signs shall not encroach within any street right-of-way;
c. Said signs shall not exceed a graphic area of fifty square feet nor a height of twenty feet as measured
from the top of the nearest street curb;
d. Each sign shall be internally illuminated; and
e. The design of the sign shall incorporate the materials, color, and architectural theme of the specific plan
area.
3. Additional monument signs identifying only the name or logo of a manufacturer, consistent with the
terms of any applicable master association agreement, shall be allowed provided the following criteria is
met:
a. Location of signs to be limited to East Palm Canyon Drive and Perez Road;
b. Maximum number of signs not to exceed an average spacing of eighty feet although signs may be
clustered in groups closer than eighty feet;
c. The design concept shall incorporate uniform color/graphic styles, materials, illumination, sign
enclosure, and support structures;
d. The maximum sign height shall be five feet;
e. The maximum sign area shall be ten square feet;
f. If signs are lighted,lighting shall be limited to internal illumination;
g. Signs shall be situated in a manner to assure adequate sight distance from street intersections and drives;
and
h. Changeable copy or other non-related advertising copy is prohibited.
4. Temporary signs shall be allowed so long as the criteria below are met:
a. Any sign that becomes faded,torn,broken, loose,ragged,etc., shall be removed immediately;
b. When permitted, signs within street rights-of-way shall be limited to banners and other flexible
material;
c. A temporary advertising device permitted under this section shall be removed if the city planner or
designee finds that the sign constitutes a traffic hazard or a nuisance to adjacent or surrounding
properties or the public at large,or is detrimental to the public convenience or welfare;
d. Provided all other criteria are met, temporary signs that encroach into public right-of-way may be
permitted with review of the city traffic engineer, approval of the city council and issuance of an
encroachment permit; and
e. No changeable copy shall be incorporated in the temporary sign.
5. Excluding signs allowed pursuant to subsections (C)(2), (3) and (4) of this section, one on-site,
electronic, changeable copy sign per lot, of either a monument or wall type, is allowed so long as the
sign meets all of the following criteria:
a. The height and area of such signs shall be regulated by the maximum sign area limits established in this
chapter;
b. Of the total allowable sign area,up to a maximum of seventy-five percent of the area may be dedicated
to the changeable copy format;
c. The sign shall be designed as an integral portion of the business' monument, marquee or wall sign and
be compatible with the design and character of the development and the surrounding area;
d. Sign height and mass shall be of an appropriate scale and relationship to the buildings on site and
adjacent to the street,and shall not be a detriment to public safety; and
e. Signs allowed pursuant to subsections (C)(2), (3) and (4) of this section shall not include changeable
copy.
D. On-Site Commercial Signs in Residential Zones.
1. One monument style identification sign per street or parking lot frontage, up to a maximum of two, are
allowed to advertise nonresidential uses existing in a residential zone pursuant to a conditional use
permit, or pursuant to preexisting, ancient, or immemorial usage, or other lawful authority; provided,
however, that such preexisting, ancient or immemorial usage was extant prior to the adoption of this
chapter and, at the time such usage began,was lawful;
2. Said signs may be illuminated with exterior lighting directed at the sign and away from any neighboring
residence;
3. Said signs shall not exceed a maximum sign area of thirty-two square feet and a maximum height of
seven feet; and
4. The sign shall not be located within sight triangles or a public right-of-way.
E. Residential Project Identification Signs.
1. One architectural feature wall or monument type identification sign per major entrance to a planned unit
development or other residential development of more than five units shall be allowed; provided,
however,that there is a homeowners' association responsible for the maintenance of the sign;
2. Said signs shall have a maximum sign area of sixteen square feet per sign face;
3. Said signs shall have a maximum height of four feet;
4. Said signs shall not be within the sight triangle or within the public right-of-way;
5. Said signs may be backlit,halo lit, or lit by spotlight set in the landscaping; and
6. Architectural feature wall signs shall be set in landscaping.
F. Drive-Thru Facility Signs.
1. Business uses that incorporate a drive-thru facility shall be allowed two additional signs located within
five feet of the drive-thru lane;
2. Said signs shall have a maximum sign area of thirty-two square feet and a maximum height of seven
feet each, including any bolt-on or tack-on signs;
3. Said signs shall not be located so as to be a hazard for driveway or corner radius and shall be set back at
least five feet from the public right-of-way,and shall not be in within the sight triangle;
4. Illumination is allowed; and
5. Said signs shall be located in a landscaped planter area equal to three times the size of the sign face.
(Ord. 841 § 1, 2020; Ord. 770 § 2,2015; Ord. 672 § 2,2009)
9.62.080 Permitted signs.
The following signs are allowed with an approved sign permit or, if indicated,a master sign program.
A. Directory Signs. All nonresidential uses shall be entitled to one wall,monument or kiosk sign per major
entry or parking lot frontage with a maximum sign area of twenty square feet and a maximum height of
seven feet.
1. The sign shall not be within the sight triangle or public right-of-way;
2. Illumination is allowed;
3. If a wall sign is used, it shall be pedestrian and not vehicular oriented with maximum height lettering of
six inches; and
4. If a monument or kiosk is used for the directory sign, it shall be placed in landscaping or in sidewalk
areas.
B. Identification Signs.Nonresidential uses shall be allowed identification signs as follows:
1. As to each building or unit not located within a shopping center, one wall or awning sign per side of
structure frontage facing public right-of-way or parking is allowed, subject to the following:
a. On the ground floor, the maximum sign area shall be as follows: One square foot per linear foot of
tenant space or building not exceeding one hundred square feet for the primary frontage, fifty square
feet for the secondary frontage and twenty-four square feet on each additional frontage, not to exceed a
cumulative sign area of two hundred square feet for all frontages;
b. Second floor wall signs shall be allowed for a tenant space where there is an exterior entrance to the
second floor, not to exceed fifty percent of the sign area authorized for businesses on the ground floor of
the building;
c. Said signage shall be centered over the frontage of the corresponding unit and shall not exceed seventy
percent of the total linear width thereof;
d. An awning sign shall have a vertical clearance of eight feet from the sidewalk and a wall sign shall be
placed below the eave line;
e. Illumination shall be soft,back lit provided the sign does not face residential or local streets; no security
type lighting shall be allowed;
f. No sign shall be in the public right-of-way or within the sight triangle; and
g. Calculation of linear footage for allowable sign area shall not include accessory structures.
2. As to an entire multistory building, one additional wall sign per street frontage is allowed, with a
maximum sign area of ten percent of the wall area or fifty square feet, whichever is less, wall-mounted
between the windows of the highest floor and the top of the eave line or the top of the parapet.
Illumination is allowed.
3. If located within a shopping center, each tenant's space shall be allowed one wall sign per unit as
follows:
a. The maximum sign area shall be one and one-half feet per linear foot of frontage up to a maximum of
one hundred fifty square feet on the primary frontage;
b. The sign shall be set one hundred or more feet from the public right-of-way; and
c. Illumination is allowed.
4. One pedestrian-oriented hanging sign per unit frontage or per primary entry is allowed as follows:
a. Said sign shall be placed under arcades, awnings or similar architectural treatment, and shall not be
visible from the public right of-way;
b. Said sign shall be perpendicular to the storefront and may not exceed a maximum sign area of six
square feet;
c. If placed under an awning, it shall have a minimum eight feet vertical clearance from the sidewalk; and
d. Internal illumination is permitted.
5. One vehicular-oriented hanging sign per unit frontage or per primary entry is allowed if other wall or
monument sign methods are not physically feasible, subject to the following:
a. Said sign shall be below eave line and shall be visible from the public right-of-way;
b. Said sign shall not exceed one square foot per linear foot of tenant space, not exceeding one hundred
square feet per frontage,with an additional fifty square feet allowed per each additional frontage;
c. Said sign shall have a vertical clearance of eight feet from the sidewalk;
d. No illumination shall be allowed; and
e. Said sign shall not be located in the public right-of-way.
6. One monument sign per street frontage per lot is allowed as follows:
a. Said sign shall have a maximum sign area of thirty-two square feet and a maximum height of seven
feet;
b. Said sign shall not be located within the public right-of-way, and shall not be located within the sight
triangle;
c. A planter base or landscaping shall be provided equal to three times the area of one face of the sign;
d. Monument signage shall have a minimum spacing of seventy-five feet between monuments;
e. Illumination is allowed; and
f. Lettering shall be of a sufficient size as to be readily visible from the public right-of-way.
7. Commercial uses in PCC and I-1 zones, with a minimum of five tenants, located on a minimum of five
acres, shall be permitted one additional pylon or monument sign per street frontage, subject to the
following criteria:
a. Said signs shall have a maximum sign area of seventy square feet and a maximum height of fourteen
feet; provided, however, the planning commission may authorize a taller sign pursuant to a master sign
program with adequate findings supported by a flag test;
b. The signs shall not be located within the public right-of-way, and shall not be located within the sight
triangle;
c. Signs in this class shall be located a minimum of one hundred feet from the nearest residential land use,
seventy-five feet from the nearest monument sign, seventy-five feet from any intersection, and one
thousand feet from the nearest sign in this same class; and
d. The sign may be illuminated and shall be located in a planter base or landscaped area equal to three
times the area of one face of the sign.
C. Kiosk Signs. Subject to approval by the planning commission as part of the design review for a use, one
kiosk or similar architectural feature per corner intersection may be allowed in a commercial or
industrial zone with a maximum sign area of fifty square feet. Said signs shall not be located within the
public right-of-way or sight triangle. The sign may be illuminated as part of the architectural element of
the sign.
D. Freeway-oriented Signs. Freeway-oriented signs are allowed subject to the following criteria:
1. Subject to the state Outdoor Advertising Act, and pursuant to an approved master sign program, pylon
type signs are permitted in PCC and I-1 zones as follows:
a. Said signs shall be located within one thousand feet radius distance from the centerline point of
roadway intersection of the Interstate 10 on- and off-ramps nearest the site within the Date Palm Drive
right-of-way;
b. Said signs shall not exceed a maximum sign area of one hundred fifty square feet per advertiser;
c. The maximum height shall be determined by the planning commission based on the height needed by
the traveling public to view the sign, but shall not exceed fifty feet; provided, however, that the
applicant shall furnish sight-line studies and shall conduct a flag test to demonstrate the sign height
needed;
d. Support shall be set back five feet from the property line and all signage shall be located on private
property;
e. Sign structures shall be located in such a manner so as to not adversely block the visibility of another
existing freeway-oriented sign structure from the view of the traveling public on the freeway; and
f. Illumination is allowed.
2. A maximum of one extended height monument sign per five hundred linear feet of freeway frontage is
allowed along freeway frontage in all commercial and industrial zones, subject to the following criteria:
a. The maximum sign area shall not exceed one hundred twenty square feet, and the maximum height shall
not exceed twelve feet,including a four-foot base and eight-foot sign maximum; and
b. Said signs shall be located within a thirty-foot landscape easement parallel to freeway frontage and may
only be halo-or landscape-lit.
E. Changeable Copy Signs. Changeable copy signs required to comply with any applicable law regarding
the posting of commercial information shall be allowed with an approved sign permit, except that such
signs shall be limited to one per street frontage for each business and shall not exceed sixteen square
feet of area of any sign otherwise permitted under this chapter. (Ord. 672 § 2, 2009)
9.62.090 Nonconforming signs.
A. Applicability. Except for billboards subject to Section 9.66.090 of this title, and notwithstanding any
other general provisions in this title, the provisions of this section shall apply to all signs subject to this
chapter.
B. Amortization of Previously Permitted Signs. Provided all other conditions of this section are met, all
nonconforming signs for which a permit was previously issued and in effect on the date that this chapter
became effective may continue to be used until such a time that substantial alterations, or those not
otherwise allowed pursuant to subsection D of this section, are made to the sign, or until such a time as
the use is abandoned. For purposes of this section, signs existing at the time of incorporation of the city
shall be deemed to have been previously issued a permit by the county of Riverside.
C. Removal of Nonpermitted, Nonconforming Signs. The following amortization periods are presumed
adequate to allow the owner of a nonconforming sign to recoup the original cost of the sign, and shall
be applicable to any sign for which a permit was not in effect on the date that this chapter became
effective. Provided all other conditions of this section are met, such a sign may be maintained for the
period of time set forth below, measured from the date the sign was first placed in service, after which
time the sign shall be removed.
Original Investment Minimum Amortization Period
Under$500.00 6 months
$501 to$1,000 12 months
$1,001 to$2,000 1 year
$2,001 and over 2 years
D. Alterations during amortization period. A nonconforming sign may not be moved, enlarged, relocated,
or altered in any way except as follows:
1. The cost of such alteration does not exceed twenty-five percent of the assessed value of the sign;
2. The alteration may not result in any greater degree of nonconformity than previously existed;
3. The alteration shall meet all current requirements of the Cathedral City Municipal Code, and shall be
completed within one year of the commencement of the work;
4. When a subsequently adopted ordinance or regulation requires specific alterations, those alterations
shall be made;
5. Minor repairs to and routine maintenance, costing less than twenty-five percent of the replacement cost
of the sign are permitted and encouraged; and
6. If, in the process of alteration pursuant to this section certain nonconformities can be brought into
conformity,they shall be brought into conformity.
E. New Development or Substantial Improvement. A requirement for a nonconforming sign to be removed
or altered so as to comply with the requirements of this title may be imposed as a condition of approval
of a subdivision, conditional use permit, variance, or other discretionary development approval. In
addition, ministerial approval may also require removal or alteration of the nonconforming sign as a
condition of approval when in conjunction with a substantial improvement of said property.
F. Sign Copy. Sign copy and sign faces may be changed on nonconforming signs when there is no change
in use of the site or when only a portion of a multiple tenant sign is being changed.
G. Wall and Freestanding Signs. Legal nonconforming wall signs shall not prevent the installation of
conforming freestanding signs, nor shall legal nonconforming freestanding signs prevent the installation
of conforming wall signs.
H. Add-on Signs. Signs bolted, tacked, tagged or added onto an otherwise conforming sign shall not be
considered legal nonconforming for the purposes of this section.
I. Nuisance. Notwithstanding any other provision of law, any sign which does not conform to the
provisions of this chapter, and which was constructed or displayed prior to the adoption of this chapter,
shall not be a lawful nonconforming use and instead shall be deemed a public nuisance subject to
abatement if not brought into conformance with this chapter,when any of the following apply:
1. A sign that did not comply with all ordinances and regulations in effect at the time of its placement;
2. An abandoned sign;
3. A sign that was legal when initially placed, but which has been relocated or any nonconformity has
been expanded;
4. A sign that is the subject of an agreement between the sign owner and the city for, or the authorization
therefor is expressly conditioned on, its removal as of a given date or expiration of a given period of
time,which date or period of time has expired;
5. A temporary sign;
6. A sign on a lot located within a redevelopment project area created pursuant to California Community
Redevelopment law for which a building permit or sign permit is subsequently issued; or
7. A sign that is damaged to the extent that the cost of repair, other than copy replacement, will exceed
fifty percent of the sign value. The sign value shall be reasonably determined by the city planner or
designee.
J. Early Removal. The city may require the removal of any nonconforming sign before the amortization
period provided herein has lapsed, if the owner is paid fair and just compensation equal to one-fifteenth
of the duplication costs of the sign being removed multiplied by the number of years of useful life
remaining for the sign. At the end of the amortization period or at the time compensation is provided for
nonconforming signs, the owner thereof shall cause the sign to be removed or so altered to conform
fully with the requirements of this chapter. A sign permit shall be required for any such alteration or
relocation.
K. Notice to Remove. After determining that a nonconforming sign must be removed in accordance with
the provisions of this section, the city planner or designee shall issue a written notice to the owner of the
property upon which said sign is located and state the requirements to bring the sign into compliance
with this chapter and the date upon which said sign shall achieve conformance or be removed.
L. Removal of Amortized Signs. Any nonconforming sign required to be removed in compliance with the
provisions of this chapter because of expiration of the applicable time period or payment of fair and just
compensation are deemed to be fully amortized and a public nuisance, and may be abated pursuant to
the procedures established in this chapter. (Ord. 672 § 2,2009)
9.62.100 Discontinuance of a business.
Within thirty days of the discontinuance of a business in any zone or before a new business occupies the
building, whichever comes first, the sign owner, his or her agent, or the property owner shall remove all
nonconforming signs and sign copy including all wording, advertising or information relating to the
discontinued business. If affixed to any structure, upon removal of the sign,the underlying structure shall be
restored to the same or similar condition as existed prior to the placement of the sign. (Ord. 672 § 2,2009)
9.62.110 Structural safety, maintenance,identification,and illumination.
A. Every temporary and permanent sign and all parts, portions, units and materials comprising the same,
together with the frame, background, supports or anchorage therefor, shall be manufactured, fabricated,
assembled, constructed and erected in compliance with the building, electrical and fire prevention codes
of the city of Cathedral City as they now exist or may hereafter be amended, or as they may hereafter
exist.
B. Every temporary and permanent sign and all parts, portions, units and materials comprising the same,
together with the frame, background, supports or anchorage therefor, shall be maintained in proper
repair and state of preservation. The display surface of all signs shall be kept neatly painted and/or
posted.
C. Every sign erected,altered or relocated shall have recorded thereon in a conspicuous place in order to be
readily visible, the date of approval, alteration or relocation, the permit number and the voltage of any
electrical apparatus used in connection therewith. Every sign which is internally illuminated and which
incorporates the use of electrical apparatus or equipment within shall have posted an Underwriter's
Laboratory approval stamp in a conspicuous place.
D. Any sign that is more than twelve feet from the grade to the bottom of the sign, or is more than one
hundred square feet on one single sign face shall be engineered by a licensed engineer and require his or
her seal.
E. All illuminated signs in all zones shall be designed in such a manner as to avoid undue glare or
reflection of light on private property or the public right-of-way in the surrounding area. All lighting for
signage shall comply with the city Lighting Ordinance chapter of this title.
F. In order to minimize glare, and except as otherwise expressly permitted, internally illuminated cabinet
signs with white translucent background plex shall not be permitted. If utilized, white background plex
shall be opaque(day/night flex).
G. All temporary and permanent signs shall be maintained in the condition that existed at the time it was
approved and installed, including the maintenance of paint,text copy, illumination and fixtures (if any),
and plex,plastic, or vinyl covers.
H. The supporting members of a sign shall be free of any unneeded angle iron, guy wires,cables, or similar
supporting devices. The support shall appear to be an architectural and integral part of the building or
structure.
I. Every sign erected in the city shall be subject to inspection by the building department for compliance
with applicable city codes and ordinances. (Ord. 672 § 2,2009)
9.62.120 Appeals.
A. Matters of Interpretation. Except as expressly reserved for determination by the city council or planning
commission, and excluding code compliance conducted pursuant to other provisions of the Cathedral
City Municipal Code, all questions of interpretation of the provisions of this chapter, including
objection to actions by planning department staff, shall first be submitted to the city planner for decision
as an administrative matter,with no public hearing required.
B. Right to Appeal. Any aggrieved party may appeal a decision of the city planner to the planning
commission. Any decision by the planning commission made subject to the provisions of this chapter
may be appealed by the aggrieved person to the city council for public hearing and decision pursuant to
Chapter 2.04 of the Cathedral City Municipal Code. The city council's decision is final as to the city,
but is subject to judicial review.
C. Perfecting Appeal—Time Limit for Appeal. An appeal pursuant to this section is effective when notice
thereof is delivered to the city clerk within ten calendar days of when the appeal right arises, on a form
provided by the planning department, accompanied by any applicable appeal fee in an amount set by
resolution of the city council, signed by the appellant, identifying the matter or decision appealed from,
and stating the grounds of appeal.
D. When appeal right arises. The right to appeal pursuant to this section arises at the earliest of: (1) when
written notice of the city planner's administrative decision is personally delivered or mailed to the
applicant; (2)when an appellate decision is made by vote of the appellate body in a duly noticed public
hearing on the matter; (3) when written notice of the decision is delivered or mailed to the applicant or
appellant; or (4) at the expiration of the time in which the city planner or appellate body is required to
make a decision.
E. Timeliness of Decision—Waiver of Time. At each stage of review pursuant to this section, all decisions
shall be made within thirty calendar days of when the permit application is complete, the request for
interpretation has been received, or when the appeal has been timely and properly filed. When any such
decision is not made within the required time, and the applicant or appellant does not waive time, then
the application or appeal shall be deemed denied, and the applicant or appellant shall have the
immediate right to appeal or, if no further administrative appeal is available, to seek judicial review.
The timeliness requirement may be waived by the applicant or appellant.
F. Maintenance of Status Quo. While any decision pursuant to this section is pending, the status quo shall
be maintained until the review or appeal has run its full course, unless the subject sign is in such
physical condition that it presents a serious and immediate threat to the public health and safety, in
which case it may be abated as a public nuisance pursuant to any other applicable provision of the
Cathedral City Municipal Code.
G. Appeals, Hearing and Decision. When any decision is timely appealed to the planning commission or
city council pursuant to this section, the appellate body shall hold a duly noticed public hearing on the
matter, hear arguments and take evidence, and decide the matter within the required time period, unless
the applicant or appellant waives time. The decision shall be in writing and shall state facts from the
record which support any fmdings made.
H. Judicial Review. Following exhaustion of all available appellate procedures within the city, any
applicant or appellant may seek judicial review of the city's final decision pursuant to California Code
of Civil Procedure Section 1094.8 or other applicable provisions. (Ord. 776 § 17, 2016; Ord. 672 § 2,
2009)
9.62.130 Violation of chapter.
A. Nuisance. Any violation of the provisions of this chapter by any person responsible for committing,
causing or maintaining such violation, shall constitute a public nuisance which shall be subject to the
provisions of Title 13 of the Cathedral City Municipal Code. Any person violating the provisions in this
chapter, or violating any conditions of a sign permit or other approval, shall be subject to the provisions
set forth in Section 1.01.205 of the Cathedral City Municipal Code.
B. Modification, Suspension and/or Revocation of Validly Issued Permit. A violation of any provision of
this chapter by the holder of a validly issued permit and/or other city authorization granted pursuant to
this or any other chapter shall constitute grounds for modification, suspension and/or revocation of said
permit and/or authorization pursuant to the provisions set forth in Chapter 13.150. Judicial review of
any such administrative determination made pursuant to Chapter 13.150 shall be eligible for expedited
judicial review pursuant to California Code of Civil Procedure Section 1094.8.
C. Infraction. Any violation of this chapter by any person responsible for committing, causing or
maintaining such violation shall constitute an infraction violation and the violator shall be subject to the
provisions set forth in Chapter 13.65 of the Cathedral City Municipal Code, including, but not limited
to,the imposition of any and all criminal penalties set forth therein.
D. Administrative Citation. In lieu of issuing an infraction citation, the city may issue an administrative
citation, pursuant to Chapter 13.58 of the Cathedral City Municipal Code, to any person responsible for
committing, causing or maintaining the subject violation. The issuance of an administrative citation
shall not preclude the city from also issuing an infraction citation upon the occurrence of the same
subject offense on a separate day.
E. Administrative Fines. Any person issued an administrative citation under this chapter, for each separate
violation, shall be subject to a fine as follows: (1) an administrative fine in an amount not to exceed one
hundred dollars for the first violation; (2) an administrative fine in an amount note to exceed two
hundred fifty dollars for a second violation of the same offense within a twelve-month period of the date
of the first offense; and (3) a fine in an amount not to exceed five hundred dollars for a third and any
subsequent violation of the same offense within a twelve-month period of the date of the first offense.
F. Additional Penalties. Nothing in this chapter shall preclude the city from pursuing any other applicable
remedies available in law or equity. (Ord. 672 § 2,2009)
Chapter 9.64
MOBILE HOME PARK STANDARDS
Sections:
9.64.010 General provisions.
9.64.020 Property development standards—Mobile home parks.
9.64.030 Property development standards—Mobile homes.
9.64.040 Property development standards—Interior facilities of a mobile home park.
9.64.010 General provisions.
A. The uses set forth in this chapter shall be permitted by conditional use permit in those zones where so
allowed, subject to the property development standards provided herein.
B. Allowable uses within a mobile home park shall include:
1. Mobile home;
2. Mobile home accessory building or structure;
3. Trailer coach used as a construction project office during the time of construction; and
4. Uses which are accessory, including, but not limited to, laundry and restroom facilities, offices and
recreational facilities.
(Ord. 80 Art. V(D)(1), 1984)
9.64.020 Property development standards—Mobile home parks.
Standards are as set forth in this section.
A. Site Area.Not less than ten acres of land area.
B. Maximum Density.Eight mobile home spaces per gross acre.
C. Maximum Height for Buildings and Structures. Thirty feet or two stories,whichever is lesser.
D. Yards. Yard requirements are as follows:
1. Front Yards. Each mobile home park shall have a front yard extending for the full width of the parcel
and devoted to said use. Said front yard shall have an average width of fifteen feet and shall not be less
than ten feet at any point.
2. Side and Rear Yards. Each mobile home park shall have a rear yard of not less than five feet in width
and a side yard on each side of said mobile home park not less than five feet in width; provided,
however, that if a side or rear yard abuts a street, the rear yard or side street side yard shall have an
average width of eight feet and shall not be less than five feet at any point.
E. Walls, Fences and Landscape, Each mobile home park shall be entirely enclosed at its exterior
boundaries by a six-foot screen consisting of solid masonry or other appropriate decorative screening;
provided, however, that said screen may be reduced to three feet in height when it is constructed in a
front yard at any entrance to the park.
F. Access from Mobile Home Park to Public Street. Each mobile home park shall have no less than two
accessways for firefighting equipment, the location and design of which shall be approved by the city
planner and the city's fire marshal.
(Ord. 80 Art. V(D)(2), 1984)
9.64.030 Property development standards—Mobile homes.
A. Minimum Area for Mobile Home Space. A mobile home space shall have not less than three thousand
five hundred square feet area. In computing such area,no consideration shall be given to interior access
drives or recreational areas.
B. Yards.
1. Each mobile home space shall have a front yard, and the front yard shall be not less than five feet in
width. The front of a mobile home is deemed to be that portion of the mobile home where a tongue or
towing device is located or designed to be located. A front yard shall be measured from the tongue or
towing device for the mobile home or, if said device is removed from the mobile home, to the front
mobile home space line. Said minimum front yard shall extend for the full width of the mobile home
space.
2. Side Yard. Each mobile home space shall have a side yard not less than four feet in width from all side
mobile home space lines.
3. Rear Yard. Each mobile home space shall have a rear yard not less than five feet in width from all rear
mobile home space lines.
4. Special Yards. The body of a coach which sides or rears on an access road, public parking area, or
pedway, shall be at least ten feet from the property line; provided, however, that an open patio or
awning may be constructed to within five feet of the property line.
C. Separation Between Mobile Home Units. There shall be a minimum separation between all mobile
homes to the distances as indicated herein below:
1. If the side of a mobile home faces the side of another mobile home or an adjacent vacant lot which is
intended for future placement of a mobile home, a twelve-foot distance is required from the body of the
coach to the interior side lot line.
2. If the side of a mobile home faces the rear of another mobile home, the minimum distance shall be
nineteen feet.
3. If the rear of a mobile home faces the rear of another mobile home, the minimum distance shall be ten
feet.
D. Coverage. Lot area coverage by coach and covered outdoor areas and uncovered outdoor areas
exceeding twenty-four inches in height shall not exceed seventy-five percent.
E. Parking Requirements.Parking requirements are as follows:
1. Each mobile home space shall have at least two paved off-street parking spaces and said spaces may be
located in tandem to each other and within the mobile home space.
2. A mobile home park shall have at least one parking space for each four mobile home spaces or fraction
thereof. These spaces shall be interspersed throughout the park in increments of five or less, except that
more than five spaces may be grouped immediately adjacent to recreation facilities as long as the total
of all such recreation spaces does not exceed twenty-five percent of all spaces in the park, and except
that the distance between groups of parking spaces shall not exceed three hundred feet.
3. The applicable provisions of Chapter 9.58 shall apply.
(Ord. 80 Art. V(D)(3), 1984)
9.64.040 Property development standards—Interior facilities of a mobile home park.
A. Sanitary Sewer and Water. Each mobile home space shall be provided with connections to sewer and
water services.
B. Drainage Facilities and Utility Services. All storm drainage facilities, electrical, gas, telephone services
and other utilities shall be placed underground in conformance with city standards. The electrical, gas,
telephone and cable TV systems shall be constructed in a manner that conforms to the construction
methods approved by the applicable state regulatory agencies.
C. Community Center Parks (Park and Recreational Space). A minimum of one hundred fifty square feet
of net usable area per mobile home space shall be provided for a combination of both indoor and
outdoor community recreation facilities. Outdoor community recreational facilities shall be consolidated
into a usable area of not less than two thousand square feet, any single dimension of which shall not be
less than twenty-five feet. Indoor community recreational facilities shall consist of an area of not less
than two thousand five hundred square feet or of an area not less than the product of thirty-five square
feet times the number of mobile home spaces within the mobile home park,whichever is greater.
D. Interior Access Drives.Access drives shall meet the following standards:
1. Interior access drives within a mobile home park shall be paved to a width of not less than twenty-eight
feet from a mobile home space line to a mobile home space line.
2. Interior access drives shall be improved on each side by cement concrete rolled curbs and gutters, as
approved by the city engineer.
3. All dead-end interior access drives shall have a minimum outside turning radius of forty feet.
4. All corners shall have a minimum fifteen-foot radius.
5. A mobile home space shall have a frontage of not less than fifteen feet in length on an access drive.
E. Storage Areas.
1. Service vehicles and equipment, supplies and maintenance materials, used for maintenance of a mobile
home park, shall be stored in enclosed or fenced areas.
2. Storage areas shall be provided for the benefit of the residents of each mobile home park, in which
recreational vehicles,trailers,travel trailers, and other sundry type licensed vehicles may be stored. Said
storage area shall contain an area equal to the product of forty square feet times the number of mobile
home spaces in said park; provided, however,that said storage area for each mobile home park shall not
be less than four thousand square feet. Such a storage area must be thoroughly screened by fencing or
otherwise and designed so as to be easily accessible and compatible with the mobile home spaces.
F. Landscaping. All mobile home park areas not used for interior access drives, parking, circulation,
buildings and service areas shall be completely and permanently landscaped, and the entire site shall be
maintained in good condition.
G. Miscellaneous Conditions.
1. Other reasonable improvements may be required by the planning commission upon review of the
application for a mobile home park.
2. Subdivision or lot sales may be allowed subject to compliance with all applicable codes and ordinances.
(Ord. 80 Art. V(D)(4), 1984)
Chapter 9.66
NONCONFORMING USES,LOTS, STRUCTURES AND OTHER IMPROVEMENTS*
Sections:
9.66.010 Purpose.
9.66.020 Determination of nonconforming status.
9.66.030 Nonconforming uses.
9.66.040 Nonconforming lots.
9.66.050 Nonconforming structures.
9.66.060 Other nonconforming site improvements.
9.66.070 Nonconformity with performance standards.
9.66.080 Uses under variance or conditional use permit.
9.66.090 Amortization of outdoor advertising structures or billboards.
* Prior ordinance history:Ords.80,483 and 489.
9.66.010 Purpose.
It is the purpose of this chapter to provide regulations under which lawfully existing uses, lots,
structures and other improvements that do not comply with this ordinance,may continue in a manner and for
a period of time that encourages implementation of local land use and development policy and those
regulations that have been adopted in support of that policy.
(Ord. 495 § 3, 1998)
9.66.020 Determination of nonconforming status.
In the interest of protecting the public health, safety and general welfare; uses, lots, structures and other
improvements which are lawfully existing but which do not comply with this chapter are determined to be
nonconforming.
(Ord. 495 § 3, 1998)
9.66.030 Nonconforming uses.
A nonconforming use may continue until such time as it has been abandoned.
A. A nonconforming use shall not be expanded or increased in intensity. An expansion includes an
increase in the size of the site occupied by the use, an increase in the percentage of the site occupied by
the use or an increase in the floor area occupied by the use. An increase of intensity includes but is not
limited to the following: modification to the use such that additional on-site parking is required pursuant
to Chapter 9.58, expanded hours of operation; addition of other activities such as dancing or live
entertainment. The city planner shall make the determination as to whether an expansion or increase in
intensity has or would occur.
B. Should the structure and/or improvements which accommodate a nonconforming use be damaged or
destroyed by fire,earthquake, flood or any other natural disaster, accident or intentional act,the use may
continue only if the structure and/or improvements accommodating the use are permitted to be repaired
or reconstructed under this chapter.
C. Any portion of a parcel of land or of a structure which is altered or changed to a conforming use shall
not thereafter be used for a nonconforming use.A portion of a parcel of land or building upon which the
nonconforming use has been discontinued shall be deemed for these purposes to have been changed to a
conforming use,and said portion of the land shall not thereafter be again used for a nonconforming use.
D. Where a nonconforming use exists at a location where the structures and/or other site improvements are
designed in a manner that supports the nonconforming use (e.g. an apartment building is designed to
support residential use), a conforming use may not be established at the site or within the structure until
such time as the property has been converted to support the conforming use proposed. A conversion
request shall be made to the city in the form of either an administrative design review, design review, or
conditional use permit,as determined appropriate by the city planner.
E. A change in ownership,tenancy,proprietorship, or management of a nonconforming use shall not affect
its nonconforming status.
F. Existing, legally permitted multi-family uses (two units or more on a lot) in the R-1 zone in the area
.• --. . . ► .. D. _ . .• , - p • -
shall be deemed conforming.
(Ord. 554 § 1,2002; Ord. 553 § 4,2002; Ord. 495 § 3, 1998)
9.66.040 Nonconforming lots.
A nonconforming lot may be developed and used in accordance with this chapter provided all
regulations of the district within which the lot exists can be met.
(Ord. 495 § 3, 1998)
9.66.050 Nonconforming structures.
A nonconforming structure may be maintained until such time as it is either destroyed or the use that
occupies the structure is abandoned.
A. A destroyed nonconforming structure shall not be repaired or rebuilt unless it is done so in compliance
with all current regulations of the city and the state including, but not limited to, this code, applicable
specific plan(s),zoning ordinances,building,plumbing,mechanical and fire codes.
B. A nonconforming structure that is damaged but not destroyed, may be repaired, reconstructed or
restored provided that such repair, reconstruction or restoration shall be commenced no later than six
months from the date of such damage or partial destruction, and shall be completed within six months
after said commencement, or at a later time as is approved by the city planner. Should commencement
and/or completion not occur in compliance with these provisions, a structure shall not be further
repaired, reconstructed or restored unless it is done so in compliance with all current regulations of the
city and the state including,but not limited to,this code, applicable specific Plan(s), zoning ordinances,
building,plumbing,mechanical and fire codes.
C. A nonconforming structure wherein the use has been abandoned, shall not be occupied again until such
time as it is brought into conformance with current regulations.
D. A nonconforming structure shall not be added to or enlarged; however, structural alterations may be
made provided the alterations do not exacerbate the structure's nonconformity.
E. A nonconforming structure shall not be moved in whole or in part to any other location on the lot unless
said building or structure which is moved is made to conform to the regulations of the zone in which it
is located.
F. Nothing in this chapter shall be construed to prevent ordinary maintenance and repairs to
nonconforming structures and/or the strengthening or restoration to a safe condition of any structure
declared to be unsafe by the building official.
G. Existing, legally permitted multi-family dwelling uses(two units or more on a lot)in the R-1 zone in the
' beetwc enD. - ., .. 9 - • - . -
River,shall be deemed conforming.
(Ord. 554 § 1,2002; Ord. 553 § 5,2002; Ord.495 § 3, 1998)
9.66.060 Other nonconforming site improvements.
A nonconforming site improvement such as a parking lot, lighting, landscaping, a fence, etc., may be
maintained until such time as it is destroyed or the use that occupies the site is abandoned.
A. A destroyed nonconforming improvement shall not be repaired or rebuilt unless it is done so in
compliance with all current regulations.
B. A nonconforming improvement on a site where the use has been abandoned, shall be brought into
conformance prior to the reestablishment of a use on the property.
C. A site that includes nonconforming improvements may be expanded or have facilities added, provided
that the expansion or addition meets all current development requirements.
D. Nothing in this chapter shall be construed to prevent ordinary maintenance and repairs to
nonconforming site improvements or corrections to improvements determined to be unsafe by the city
planner.
(Ord. 554 § 1,2002; Ord. 495 § 3, 1998)
9.66.070 Nonconformity with performance standards.
The use of land or structures which does not meet the standards of performance for said uses or the
standards for equipment employed in the operation of said uses as required by this chapter, shall be brought
into conformity with said standards within a period of one year from the effective date of the ordinance
codified in this chapter, otherwise the nonconforming use shall be discontinued.
(Ord.495 § 3, 1998)
9.66.080 Uses under variance or conditional use permit.
The nonconforming uses and buildings which are existing under a variance or a conditional use permit
granted under this chapter, or any previous ordinance shall be permitted to continue under the conditions and
regulations imposed in said permit or variance.
(Ord. 495 § 3, 1998)
9.66.090 Amortization of outdoor advertising structures or billboards.
A. Outdoor advertising structures or billboards which do not fall within subsection B of this section, shall
be subject to an amortization period of five years, provided that the city, pursuant to Business and
Professions Code Section 5412 et seq., pays to the owner or owners of the structure or billboards and
the owner or owners of the land upon which the structure or billboard is located just compensation for
removal of the subject structure or billboard, or the parties mutually agree to relocate the structure or
billboard. Nothing set forth herein shall require the payment of just compensation pursuant to Business
and Professions Code Section 5412 if an outdoor advertising structure or billboard is removed because a
permit, license or approval is requested for the construction of a building or structure which cannot be
built without physically removing the subject structure or billboard.
B. Amortization of Outdoor Advertising Structures or Billboards Located in Residential Areas.
1. Provided all the conditions set forth in subsection (B)(3) of this section exist and provided that the city
provides a Notice of Removal, a nonconforming outdoor advertising structure or billboard located in
any residential zone of the city may be maintained for the periods of time set forth below after which
they may be ordered to be removed without compensation.
Fair Market Value on Date Notice of Removal is Minimum Years Allowed
Served
Under$1,999 Two Years
$2,000 to $3,999 Three Years
$4,000 to$5,999 Four Years
$6,000 to$7,999 Five Years
$8,000 to $9,999 Six Years
$10,000 and over Seven Years
2. The fair market value amounts set forth in subsection(B)(1) of this section are the January 1, 1983 base
fair market values which must be adjusted each January 1st since January 1, 1983 in accordance with
the changes in building costs, as indicated in the United States Department of Commerce Composite
Cost Index for Construction Costs, to determine the actual fair market value of the subject
nonconforming structure or billboard on the date the Notice of Removal is served.
3. The city may order the removal without compensation of any outdoor advertising structure or billboard
under this section only if all of the following conditions exists:
a. The structure or billboard is located within an area shown as "residential" in the city general plan as of
either the date the ordinance codified in this chapter was enacted or becomes applicable to the area
which incorporates the provisions of this section.
b. The structure or billboard is not located within six hundred sixty feet from the edge of the right-of-way
of an interstate or primary highway with its copy visible from the highway, nor is placed or maintained
beyond six hundred sixty feet from the edge of the right-of-way of an interstate or primary highway
with the purpose of its message being read from the main traveled way; and
c. The structure or billboard is not required to be removed because of an overlay zone, combining zone, or
any other special zoning district whose primary purpose is the removal or control of outdoor advertising
displays.
4. For purposes of this chapter,the following words and phrases shall have the following meanings:
"Interstate highway" means any highway at any time officially designated as a part of the national
system of interstate and defense highways by the Director of Transportation of the state of California and
approved by appropriate authority of the federal government.
"Just compensation" shall have the same meaning as defined in the Eminent Domain Law (Title 7,
commencing with Section 1230.010,of Part 3 of the Code of Civil Procedure).
"Primary highway" shall mean any highway, other than an interstate highway, at any time officially
designated as a part of the federal-aid primary system by the Director of Transportation of the state of
California and approved by appropriate authority of the federal government.
"Six hundred sixty feet from the edge of the right-of-way" shall mean six hundred sixty feet measured
from the edge of the right-of-way horizontally along a line normal or perpendicular to the centerline of the
highway.
(Ord. 495 § 3, 1998)
Chapter 9.68
SPECIAL USE PERMITS
Sections:
9.68.010 Purpose.
9.68.020 Applicability.
9.68.030 Application.
9.68.040 Fee.
9.68.050 Decision process.
9.68.060 Conditions of approval.
9.68.070 Director approval.
9.68.080 Appeals.
9.68.090 Time limit.
9.68.100 Revocation.
9.68.110 Reapplication.
9.68.010 Purpose.
It is the purpose of this chapter to provide for an efficient and timely method to approve uses that are
temporary by their nature and do not meet the general criteria of permanent use noted in the land use
regulations of this code.
(Ord. 386 §4, 1993; Ord. 80 Art.V(E), 1984)
9.68.020 Applicability.
A. A special use permit is required for the following uses:
1. Temporary swap meet;
2. Rummage sales sponsored by a nonprofit organization;
3. Carnivals, circuses, and other traveling entertainment events;
4. Christmas tree sales on vacant property or parking lots;
5. Parades,bike races,marathons,etc.;
6. Temporary buildings or trailers used for office use, storage or sales prior to completion of permanent
facilities, provided that plans for the permanent facilities have been approved by the city. The special
use permit may be extended by the city planner for a maximum of two times for a period not to exceed
an additional ninety days each;
7. Temporary storage yards used for staging of construction projects that are under construction. The
special use permit may be extended by the city planner for the duration of the construction project;
8. Special shows, such as vehicle displays, auctions,animal association events, etc.;
9. Any other similar use that the city planner determines is temporary in nature and further provided that
said use is found not to be detrimental to surrounding neighborhood.
B. Uses not requiring a special use permit are:
1. Sales promotion or grand openings,provided that application for temporary sign permit is obtained;
2. Garage and rummage sales by private citizens on property within their ownership or other control;
3. Uses specifically regulated per other authority in the city codes.
(Ord. 554 § 1,2002; Ord. 386 § 4, 1993; Ord. 80 Art.V(E), 1984)
9.68.030 Application.
The city planner shall provide an application form that must be completed and submitted to the city
planner. hi addition, the city planner may request the following if determined necessary to properly assess
the application or protect the city and property owners:
A. Plot map showing location of the use, other building(s)and parking area on the site, all driveways to the
site,and all surrounding properties and streets;
B. Insurance policy or policies naming the city, its officers, agents and employee as additional insureds,
issued by a company satisfactory to the city attorney, and in an amount determined to be adequate for
the risks involved in the activity,as determined by the city planner;
C. Cash bond for cleanup or material removal;
D. Documentation from the property owner agreeing to the use as specified in the application.
(Ord. 554 § 1, 2002; Ord. 386 § 4, 1993; Ord. 80 Art.V(E), 1984)
9.68.040 Fee.
A fee as determined by resolution of the city council to defray the costs and expenses of the city in
processing the application shall be paid prior to accepting the application for filing, no part of which fee
shall be refundable to applicant.
(Ord. 386 § 4, 1993; Ord. 80 Art. V(E), 1984)
9.68.050 Decision process.
A. The city planner, or his designee, shall immediately upon receipt of a completed application as
determined by the city planner, distribute the application to the following:
1. Appropriate city department for review and comments on matters pertaining to site planning, land use,
building construction, streets,grading and public safety;
2. Other local governmental agency,or utility district as necessary.
B. A decision shall be rendered by the city planner or his designee within ten working days of receipt of
the completed application based on the comments received.
C. The city planner may approve, approve with conditions,or deny the application.
D. The applicant may request an accelerated decision provided that an additional fee is paid to
accommodate the special processing required to accelerate. However, in no case shall the city be
requested to make a decision within five working days from application acceptance.
(Ord. 554 § 1, 2002; Ord. 386 § 4, 1993; Ord. 80 Art.V(E), 1984)
9.68.060 Conditions of approval.
The city planner is authorized to place conditions on an approved special use permit that include, but
are not limited to the following:
A. A fixed period for each use;
B. Hours of operation;
C. Limits on ingress and egress to the site and appropriate directional signing, barricades, fences or
landscaping;
D. Security;
E. Temporary off-street parking facilities;
F. Removal of all materials and equipment and restoration of the premises to the original condition;
G. Special signage;
H. Maintenance of dust-free conditions.
(Ord. 554 § 1,2002; Ord. 386 § 4, 1993; Ord. 80 Art.V(E), 1984)
9.68.070 Director approval.
The city planner may approve a special use permit if he determines that the use would not be injurious
to existing improvements and land uses or would be detrimental to the surrounding area or the public in
general.
(Ord. 554 § 1, 2002; Ord. 386 § 4, 1993; Ord. 80 Art.V(E), 1984)
9.68.080 Appeals.
Any applicant or aggrieved person may appeal any determination of the city planner or any condition or
requirement of a special use permit to the city council, or the council may order a review of said
determination or any condition or requirement thereon, within ten working days from the city planner's
decision.
(Ord. 554 § 1,2002; Ord. 386 § 4, 1993; Ord. 80 Art.V(E), 1984)
9.68.090 Time limit.
The uses allowed by the special permit shall commence within ninety days of the issuance of said
permit,otherwise the permit shall expire and become void.
(Ord. 386 § 4, 1993; Ord. 80 Art.V(E), 1984)
9.68.100 Revocation.
A special use permit may be revoked for the following reasons:
A. The permitted use is being conducted in a manner which is detrimental to the public health, morals,
peace, safety or welfare of the city, or constitutes a public nuisance, or
B. The permittee acquired the special use permit by making or causing to be made factual
misrepresentations, material nondisclosures or false or misleading statements in its application for such
permit or in any statement or representations to the city planner,or
C. Conditions of the permit have not been fully complied with.
(Ord. 554 § 1,2002; Ord. 386 § 4, 1993; Ord. 80 Art.V(E), 1984)
9.68.110 Reapplication.
No person shall reapply for a similar special use permit if an application for such has been denied or
revoked, if such reapplication is within a period of one calendar year from the date of the final decision on a
previously similar application, unless such final decision was a denial of the application without prejudice.
The city planner may waive this restriction if he determines conditions have changed since the previous
denial or revocation.
(Ord. 554 § 1, 2002; Ord. 386 § 4, 1993; Ord. 80 Art. V(E), 1984)
Chapter 9.70
HOME OCCUPATIONS
Sections:
9.70.010 Purpose.
9.70.020 Permitted uses.
9.70.030 Prohibited uses.
9.70.040 Business license required.
9.70.050 Permit required.
9.70.060 Permit fee.
9.70.070 Operating standards.
9.70.080 Term of permits.
9.70.090 Revocation of permit.
9.70.100 Appeal procedure.
9.70.110 Violation a public nuisance.
9.70.120 Nonconforming.
9.70.010 Purpose.
These provisions allow for the conduct of home enterprises within residential zones which are
incidental to and compatible with surrounding residential uses. A home occupation represents a legal
income-producing activity by the occupant of the dwelling.
(Ord. 208 § 2, 1988; Ord. 80 Art. V(G), 1984)
9.70.020 Permitted uses.
To meet the purpose of this chapter, home occupations are to be limited to those uses that are primarily
office-oriented with limited storage of material and equipment.These uses are:
A. The in-home office of a contractor, consultant,bookkeeper or other similar profession whose function is
one of rendering a service and such function does not involve the dispensation of goods or products;
B. Secondary business offices, where said business has its principal office, staff and equipment located
elsewhere;
C. The in-home office of a salesperson, e-commerce business, or online service when all sales are
conducted by telephone, internet/online or correspondence with no commodities or displays on the
premises;
D. Drafting, designing arts, crafts and the like using only normal drafting artist equipment;
E. Babysitting service or home child care facilities as permitted by the zone district;
F. Music instruction provided no more than one student is instructed at one time; and
G. Any other use similar to the above as determined by the city planner.
(Ord. 208 § 2, 1988; Ord. 80 Art. V(G), 1984)
9.70.030 Prohibited uses.
To add emphasis to the types of uses that are not permitted as home occupations,the following uses are
specifically prohibited:
A. Automotive repair(body or mechanical),upholstery and painting;
B. Barber,beauty,manicuring,masseuse, and similar enterprises;
C. Carpentry,cabinet-making and furniture repair;
D. Machinery, equipment or appliance repair;
E. Professional and medical offices and laboratories;
F. Construction offices where there is storage of material and equipment, and the transporting of
employees;
G. Storage for fee; and
H. Any similar use and those uses not listed as a permitted use.
(Ord.208 § 2, 1988; Ord. 80 Art. V(G), 1984)
9.70.040 Business license required.
It is unlawful for any person to carry on any home occupation in the city without first having procured a
business license and complied with any and all applicable provisions.
(Ord. 208 § 2, 1988; Ord. 80 Art.V(G), 1984)
9.70.050 Permit required.
Application for a home occupation permit shall be made to the city planner. The city planner may issue
a home occupation use permit upon determining that the proposed home occupation can meet all the
requirements of this chapter.
(Ord. 208 § 2, 1988; Ord. 80 Art.V(G), 1984)
9.70.060 Permit fee.
When the application for a home occupation is filed,the city planner shall collect a fee for the permit in
such amount as may have been established by resolution of the city council.
(Ord. 208 § 2, 1988; Ord. 80 Art.V(G), 1984)
9.70.070 Operating standards.
A permitted home occupation as defined above shall be conducted in compliance with the following
criteria:
A. No one other than the resident of the dwelling shall be employed on the premises in the conduct of the
home occupation.
B. The home occupation shall be conducted entirely within the enclosed area of the main building. Space
within an attached garage may be used for the conduct of a home occupation only when it does not
interfere with the off-street parking of vehicles as required by this zoning ordinance. The home
occupation shall not occupy more than twenty-five percent of the total area of the entire structure.
C. A home occupation shall not be conducted within any accessory structure; however, storage of supplies
may be permitted within an accessory structure.
D. There shall be no outdoor storage or display of equipment, machinery, supplies, materials or
merchandise.
E. There shall be no sales activity, either wholesale or retail, except mail order sales, nor shall there be an
office open to the general public.
F. There shall be no more than a one-day supply of hazardous materials stored on the premises at any
given time(i.e.,pool chlorine,paint thinner, etc.)
G. There shall be no dispatching of persons,equipment or supplies to or from the subject property.
H. The use of vehicles for the operation of the home occupation shall be limited to one vehicle having a
manufacturer's gross vehicle weight, per California Vehicle Code, Section 390, rating of less than ten
thousand lbs. No other vehicles shall be parked or stored on the property that are in any way used in the
operation of the home occupation. For the purpose of this section, a vehicle used for a home occupation
is any vehicle, trailer or equipment that does or has any of the following: is used in the operation of the
home occupation, transports supplies or people that are involved with the home occupation, has a
commercial license, has the company name or other commercial identification on the vehicle, has racks
or containers on the vehicle that could be used for carrying equipment or supplies.
I. There shall be no use of any mechanical equipment, appliance or motor on the premises in the operation
of the home occupation, except for small appliances normally found in a home such as,typewriters, and
sewing machines.
J. There shall be no signs or other devices identifying or advertising the home occupation.
K. The appearance of the building or lot shall not be altered, or the home occupation be so conducted that
the lot or building may be reasonably recognized as serving a nonresidential use (either by color,
materials, construction,lighting, sounds,vibrations, etc.).
L. The use shall not generate pedestrian or vehicular traffic beyond that normal to the zone in which it is
located.
M. The use shall meet reasonable special conditions established by the city planner and made of record in
the home occupation permit,as may be deemed necessary to carry out the intent of this division.
N. More than one home occupation may be considered by the city planner provided that the subsequent
home occupations are an e-commerce or online business and the applicant(s) complies with all other
operating standards.
(Ord. 208 § 2, 1988; Ord. 80 Art. V(G), 1984)
9.70.080 Term of permits.
All permits for home occupations shall continue in existence until abandoned or revoked. A home
occupation permit shall be considered abandoned if the business license is not renewed.
(Ord. 208 § 2, 1988; Ord. 80 Art.V(G), 1984)
9.70.090 Revocation of permit.
If the city planner determines that a home occupation is being conducted in violation of the provisions
of this chapter, he or she shall cause a notice of violation and revocation of permit to be mailed, by certified
mail, to the permittee at the address shown on the home occupation permit. The home occupation permit
shall be deemed revoked ten days from the date of mailing of said notice. Upon revocation of the home
occupation permit,the city business license shall become null and void.
(Ord. 208 § 2, 1988; Ord. 80 Art.V(G), 1984)
9.70.100 Appeal procedure.
The applicant or permittee of a home occupation may appeal any decision made by the city planner to
the city council by written appeal filed with the city clerk within ten days of notification of the decision.
(Ord. 208 § 2, 1988; Ord. 80 Art.V(G), 1984)
9.70.110 Violation a public nuisance.
Any violation of this chapter is a public nuisance.
(Ord. 208 § 2, 1988; Ord. 80 Art. V(G), 1984)
9.70.120 Nonconforming.
All existing home occupations that were made nonconforming on the date of the adoption of the
ordinance codified in this chapter,March 2, 1988 are considered lawfully existing and may continue unless a
request is made in writing by the city planner and delivered by certified mail to cease. Upon receipt of the
notice,the home occupation shall cease within six months.
(Ord.208 § 2, 1988; Ord. 80 Art.V(G), 1984)
Chapter 9.72
CONDITIONAL USE PERMITS
Sections:
9.72.010 Purpose.
9.72.020 Specific uses permitted subject to conditional use permit.
9.72.030 Application.
9.72.040 Planning commission and/or city council granting—Criteria.
9.72.050 Denial of conditional use permits.
9.72.060 Effective date—Final decision.
9.72.070 Planning commission and city council public hearings—Procedure.
9.72.080 Appeal process.
9.72.090 De novo review by city council of planning commission action.
9.72.100 Permit to run with the land.
9.72.110 Time limit.
9.72.120 Revisions to site plan.
9.72.130 Revocation.
9.72.140 Maintenance of site,building and landscaping.
9.72.150 Existing permits.
9.72.160 New application.
9.72.010 Purpose.
The conditional use permit is intended for those types of land uses which require special consideration
because they possess unique characteristics or present special issues that make being a permitted use
impractical or undesirable. The city staff should consider the following with regard to evaluating conditional
uses: appropriate area needed for the proposal, traffic and noise impacts, potential odors and light pollution,
vibration, smoke or other problems incidental to its operation. Applicants shall not be deemed to have any
"right" to a conditional use permit; such permit is a discretionary action under the zoning regulations, the
granting of the permit shall be viewed as a special dispensation. The city has sole authority to grant the
entitlement to an applicant and a conditional use permit shall only be granted with the establishment of
certain conditions to protect the health, safety and general welfare of the neighborhood or community,
subject to the following findings:
A. The use applied for at the location set forth in the application is properly one for which a conditional use
permit is authorized by this chapter.
B. The use is necessary or desirable for the development of the community, is in harmony with the various
elements or objectives of the general plan, and is not detrimental to existing uses or to uses specifically
permitted in the zone in which the proposed use is to be located.
C. The site for the intended use is adequate in size and shape to accommodate such use and all of the yards,
setbacks and walls or fences, landscaping and other features required in order to adjust such use to those
existing or permitted future uses on land in the neighborhood.
D. The site for the proposed uses relates properly to streets and highways which are designed and
improved to carry the type and quantity of traffic generated or to be generated by the proposed use.
E. The applicant agrees to comply with any and all of the conditions imposed by the review authority or be
subject to a revocation hearing.
Uses existing on the effective date of the ordinance codified in this chapter which are listed as permitted
subject to conditional use permit in the zone in which they are located may continue without securing such a
permit; however, any extension or expansion of such use shall require a conditional use permit.
(Ord. 714 § 6, 2012)
9.72.020 Specific uses permitted subject to conditional use permit.
Uses identified as conditional uses in the city's zones may be permitted in such zones pursuant to the
provisions of this chapter.
(Ord. 714 § 6,2012)
9.72.030 Application.
The application for a conditional use permit shall be completed on the official application supplied by
the city and filed with the planning department by the owner of the property for
which the permit is sought, or by the lessee having a lease-hold interest or by the agent of any of the
foregoing duly authorized in writing.
(Ord. 714 § 6,2012)
9.72.040 Planning commission and/or city council granting—Criteria.
A. When approving a conditional use permit the planning commission and/or city council may grant a
conditional use permit under any provisions of this chapter. Denial of a conditional use permit shall be
based on written findings that show substantial evidence in review of the whole record to justify a
denial.
B. Prior to making the findings listed in Section 9.72.010 of this chapter, the planning commission and/or
the city council should in its deliberation consider whether the proposed use at the proposed location is
detrimental to other existing and permitted uses in the general area thereof and relates properly to
existing and proposed streets and highways.
C. In granting a conditional use permit, the planning commission and city council may impose such
reasonable conditions as are deemed necessary and desirable to protect the public health, safety,
convenience and general welfare of the city, in accordance with the intent and purpose of the city
zoning regulations.
D. If a conditional use permit is granted by the city council or planning commission, the use shall be
subject to all property development standards of the zone in which the use is located and that the
planning commission or city council may impose additional conditions if necessary.
E. All conditional use permits approved by the city council or planning commission are subject to all
aspects of the design review process, including, but not limited to, review of architecture, building
color, signage, landscaping, fencing, and parking.
(Ord. 714 § 6, 2012)
9.72.050 Denial of conditional use permits.
If the planning commission and/or city council deems a proposed conditional use is unsuitable to an
area the project may be denied on the basis of one or more of the findings found in Section 9.72.010. The
specific findings must be made part of the record of the meeting.
(Ord. 714 § 6,2012)
9.72.060 Effective date—Final decision.
A. A conditional use permit granted by the commission as provided in this chapter shall become effective
immediately upon the expiration date of the appeal period per Section 9.72.080 of this chapter.
B. A conditional use permit granted by the council, as provided in this chapter, shall become effective
immediately upon the council's action to grant the permit. All decisions of the council concerning the
merits of the application shall be final.
C. The effective date of a conditional use permit shall be the original date of approval of the conditional
use permit for purposes of determining the date of expiration pursuant to Section 9.72.120.
(Ord. 714 § 6,2012)
9.72.070 Planning commission and city council public hearings—Procedure.
A. Notice of public hearing shall contain the time and place of the hearing and the location and proposed
use of the subject property.
B. Notice of public hearing, in accordance with the provisions of Government Code Sections 65090 and
65091, shall be given by U.S. mail, postage prepaid, to owners of real property located within three
hundred feet of the exterior boundaries of the parcel of property to be considered, as shown by the last
equalized assessment roll and on any updates issued by the county assessor.
C. Notice shall be mailed pursuant to subsection A of this section, postage prepaid, not less than ten days
before the hearing date.
D. Notice shall be posted on the exterior of City Hall in a place that is accessible to the public during
nonworking hours.
E. Public Hearing—Procedure.
1. At the time and place so fixed and noticed, the public hearing shall be conducted before the planning
commission. The commission may establish its own rules for the conduct of public hearings and the
member of the commission presiding at such hearings is empowered to administer oaths to any person
testifying.
2. The commission may for any reason, when it deems such action necessary or desirable, continue such
hearing to a time and place certain.
3. A summary of all pertinent testimony offered at the public hearing, the names and addresses of persons
testifying, copies of all notices, affidavits of posting and publication, and records of action taken shall
be a part of the files of the case.
(Ord. 714 § 6, 2012)
9.72.080 Appeal process.
A. Any person aggrieved or affected by the final determination of the planning commission concerning an
application for a conditional use permit 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 subject to
the requirements of Section 9.72.070 of this chapter.
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 conditional use permit.
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 fmal determination by the
council of the appeal or council-initiated review.
(Ord. 714 § 6,2012)
9.72.090 De novo review by city council of planning commission action.
The city council can initiate a de novo review of any conditional use permit by requesting the item via
the city manager to be on the next city council agenda.If a majority of the quorum present is in agreement to
conduct a de novo review they may order a review of all or part of that determination in the same manner as
provided for in the appeal process in Section 9.72.080. The item shall be presented at a city council meeting
after the order of review and the city council shall conduct a de novo review and may add,modify, or delete
any part of the project and/or conditions of approval.
(Ord. 714 § 6,2012)
9.72.100 Permit to run with the land.
A conditional use permit or zoning use permit approved in compliance with the provisions of this
chapter shall continue to be valid upon a change of ownership of the business, parcel, service, structure, or
use that was the subject of the permit application in the same area, configuration, and manner as it was
originally approved in compliance with this chapter.
(Ord. 714 § 6, 2012)
9.72.110 Time limit.
A. A conditional use permit shall expire within twenty-four months after the original date of approval by
the final approving body, unless a completed building permit application has been submitted. A
"completed building permit application" shall mean all required fees, structural plans, site plans,
grading plans and other documents required pursuant to the conditional use permit. The building official
in consultation with the . . .. • .• - : city planner or designee shall have authority
to determine the sufficiency of the building permit application as complying with the criteria in this
section.
B. A conditional use permit shall expire upon expiration of a building permit which has been issued in
accordance with subsection A of this section.
C. When an applicant desires an extension of a conditional use permit, and the conditional use permit is
not coupled with a tentative tract map or parcel map,the fmal approving body at its sole discretion may
grant an extension of time not to exceed one year from the original expiration of such permit.
D. Notwithstanding Ordinance No. 659, when an applicant desires to be granted an extension of a
conditional use permit, and the conditional use permit is coupled with a tentative tract map or parcel
map,the final approving body at its sole discretion may grant an extension of time not to exceed the life
of the map including any extensions approved by the city of Cathedral City or the state.
E. The application to file an extension for a conditional use permit must be filed on a form as provided by
the city and must be completed and filed with the city prior to the expiration of such permit.
F. For purposes of this section, final approving body shall mean the planning commission or the city
council,whichever body gave final approval of the approved conditional use permit.
(Ord. 714 § 6, 2012)
9.72.120 Revisions to site plan.
A. Any exterior changes to the design of the building or landscaping that involve no expansion shall be
handled via an administrative design review per Section 9.78.040 or 9.78.050 of the municipal code as
an administrative design review.
B. Revisions other than minor revisions, as defined in subsection A of this section, may be made pursuant
to the regular conditional use permit procedure set forth in Section 9.72.040 of this chapter.
C. All copies of the approved revised site plan shall be dated and signed by the community development
director city planner or designee and made a part of the record of the subject conditional use permit.
One copy of such approved revised site plan shall be mailed to the applicant.
(Ord. 714 § 6, 2012)
9.72.130 Revocation.
A. The planning commission and/or the city council, on their own motion may, initiate a revocation and
shall hold a hearing to make a recommendation to the city council upon the question of the revocation
of a conditional use permit granted under, or pursuant to,the provisions of this chapter. The city council
shall be the final acting body for all revocation proceedings.
B. Revocations shall be a public hearing in accordance with Government Code Section 65091,as follows:
1. Mailed or delivered in person at least ten days prior to the hearing to the owner of the subject real
property and to the project applicant.
2. Mailed or delivered at least ten days prior to the hearing to each affected local agency whose ability to
provide service may be significantly impacted.
3. Mailed or delivered at least ten days prior to all owners of real property within three hundred feet of the
real property subject to the hearing.
4. The hearing shall be posted on site in accordance with Section 9.72.080(E)of this chapter.
C. A conditional use permit,whether granted automatically for a nonconforming prior use, or pursuant to a
hearing,may be revoked if the commission and council find:
1. That the use is detrimental to the public health or safety or is a nuisance.
2. That the conditional use permit was obtained by misrepresentation or nonstatement of facts.
3. That the use for which the permit was granted is not being exercised.
4. That the use for which the permit was granted has ceased; or been suspended for one year or more.
5. That the condition of the improvements, if any, on a property for which a nonconforming conditional
use permit is operative is such, that they can be used or altered so as to be used in conformity with the
uses permitted in the zone in which such property is located without impairing the constitutional rights
of any person.
6. That the applicant has failed to comply with the development approval and/or conditions of approval.
(Ord. 714 § 6,2012)
9.72.140 Maintenance of site,building and landscaping.
Notwithstanding performance standards required to be met under Chapter 9.86, all improvements
approved for construction based upon the procedures established herein are required to be maintained so as
to substantially comply with the plans approved for construction unless modifications are approved by the
city. The improvements to be maintained include,but are not limited to, site improvements, such as parking
and walking surfaces, drainage control facilities, fences, signs, and lights; building and accessory structure
improvements, such as paint colors and other finish materials, roofing materials, mechanical equipment,
windows, trellises, canopies, and all architectural features; and landscape improvements, such as plant type,
size and number and all irrigation system components. Any new signage that is installed must have the
surrounding area painted and patched to match the existing area in color and surface.
(Ord. 714 § 6,2012)
9.72.150 Existing permits.
Any conditional use permit granted prior to the effective date of the ordinance codified in this chapter
shall be a conditional use permit under this chapter subject to all conditions imposed in such permit unless
otherwise provided in this chapter. Such permit may, however, be revoked or voided as provided in Section
9.72.130.
(Ord. 714 § 6,2012)
9.72.160 New application.
Following the denial of a conditional use permit application or the revocation of a use permit, no
application for a use permit for the same or substantially the same conditional use on the same or
substantially the same site shall be filed within one year from the date of denial or revocation of the use
permit unless such denial was a denial without prejudice.
(Ord. 714 § 6, 2012)
Chapter 9.74
CHANGE OF ZONE OR ZONING ORDINANCE TEXT
Sections:
9.74.010 Zoning map amendment procedure.
9.74.020 Initiation.
9.74.030 Application—Filing—Contents.
9.74.040 Application—Consideration after denial.
9.74.050 Application—Filing fee.
9.74.060 Appeal—Filing fee.
9.74.070 Public hearing—Date—Notice.
9.74.080 Investigation.
9.74.090 Public hearing—Procedure.
9.74.100 Findings—Decision.
9.74.110 Council action.
9.74.120 Criteria.
9.74.130 Denial—Appeal.
9.74.140 Original—Filing.
9.74.150 Publication.
9.74.160 Periodic revisions of zoning map.
9.74.170 Text amendment procedure.
9.74.180 Initiation.
9.74.190 Staff investigation.
9.74.200 Public hearing—Commission—Notice.
9.74.210 Public hearing—Commission—Recommendation.
9.74.220 Public hearing—Council—Date and notice.
9.74.230 Public hearings—Council—Decision.
9.74.240 Minor amendments.
9.74.250 New application.
9.74.010 Zoning map amendment procedure.
The procedures set forth in this chapter are directory regulations governing amendments to the zoning
map changing any property from one zone to another, but such regulations are mandatory only to the extent
made so by the California Planning and Zoning Law.
(Ord. 80 Art. V(I)(1), 1984)
9.74.020 Initiation.
An amendment to the official zoning map may be initiated by order of the planning commission or the
council or by an application of one or more of the owners of property affected by the proposed amendment
or change.
(Ord. 80 Art.V(I)(2), 1984)
9.74.030 Application—Filing—Contents.
Applications shall be filed with the secretary of the planning commission on forms which will be
furnished by said secretary, and applications shall be accompanied by such data and information as may be
prescribed for that purpose by the commission so as to assure fullest practicable presentation of facts for the
permanent record.
(Ord. 80 Art. V(I)(3), 1984)
9.74.040 Application—Consideration after denial.
No application from an owner of property for the same general purpose concerning the same property
which has been denied by the planning commission or city council shall be received or processed by the
secretary of the planning commission within twelve months of such denial except by unanimous consent of
the members of the commission present at a regular meeting of said commission.
(Ord. 80 Art. V(I)(4), 1984)
9.74.050 Application—Filing fee.
A filing fee as established by city council resolution shall be paid at the time of the filing of an owner's
or owner's representative's application, but no fee will be required in the case of proceedings instituted by
either the council or the planning commission.
(Ord. 80 Art. V(I)(5), 1984)
9.74.060 Appeal—Filing fee.
A filing fee as established by city council resolution or any amendments thereto for an appeal to the city
council from a decision of the planning commission relating to an application for a change of zone under the
provisions of this chapter shall be paid at the time of filing for such appeal.
(Ord. 80 Art. V(I)(6), 1984)
9.74.070 Public hearing—Date—Notice.
A. Upon the filing of any such application and the payment of the required fee, the secretary of the
planning commission shall set a date for one public hearing thereon before said commission. The date
of said hearing shall be not less than ten days from the date of filing such application, nor more than
forty-five days from the date of filing such application.
B. Notice of public hearing shall contain the time and place of the hearing and the location and proposed
use of the subject property.
C. Notice shall be published at least once in a newspaper of general circulation in the city or shall be
posted in at least three public places in the city,not less than ten days before the hearing date.
D. Notice shall be mailed, postage prepaid, not less than ten days before the hearing date to owners of
property within a radius of three hundred feet of the exterior boundaries of the subject property,
pursuant to Section 65854 of the Government Code, together with any other notice required by that
section.
(Ord. 320 § 4, 1991; Ord. 80 Art. V(I)(7), 1984)
9.74.080 Investigation.
The planning commission shall cause to be made by any of its own members, or by any member or
members of its staff, such investigation of facts bearing upon such application or matter set for hearing
(including any analysis of precedent cases), as in the opinion of the commission will serve to provide the
necessary information to enable the commission to act.
(Ord. 80 Art. V(I)(8), 1984)
9.74.090 Public hearing—Procedure.
A. At the time and place so fixed and noticed, the public hearing shall be conducted before the planning
commission. The commission may establish its own rules for the conducting of public hearings and the
member of the commission presiding at such hearings is empowered to administer oaths to any persons
testifying.
B. The commission may,when it deems such action necessary or desirable,continue such hearing to a time
and place certain.
C. A summary of all pertinent testimony offered at the public hearing, the names and addresses of persons
testifying, copies of all notices, affidavits of posting and publication, and records of action taken shall
be a part of the files of the case.
(Ord. 80 Art. V(I)(9), 1984)
9.74.100 Findings—Decision.
If from the facts presented to the commission at the public hearing the commission finds that the lot
area development standard for the proposed zone is the same as the standard designated on the general plan
map for the property subject to the proposed zone change, and finds further that the proposed zone change,
or any portion thereof, is in the interests of the public health, safety,necessity, convenience, general welfare,
and is in accordance with good zoning practice,the commission shall recommend approval of such proposed
change of zone to the council; otherwise it shall be disapproved. The commission shall make its fmdings and
recommendations in writing within thirty days from the date of the close of the hearing and shall forthwith
transmit a copy thereof to the applicant and to the city clerk for scheduling on a council meeting agenda in
the case of a recommendation of approval, or for individual transmittal of copies to members of the council
in the case of a disapproval (in which case it shall not be placed on an agenda unless a council member so
requests). If the commission recommends approval of the proposed zone change, or any portion thereof, it
shall also transmit to the council for action the report of its findings and recommendation thereon together
with the records of its proceedings including the application,minutes of the hearing and exhibits admitted at
said hearing. Any recommendation so transmitted shall include the reasons for the recommendation, and the
relationship of the proposed ordinance or amendment to applicable general and specific plans. If the
commission fails to make findings and a recommendation within the time specified in this section, it shall
lose jurisdiction thereof and the applicant may appeal or request a hearing thereon by the council as provided
in this chapter.
(Ord. 80 Art. V(I)(10), 1984)
9.74.110 Council action.
Upon receipt of a recommendation for approval, together with the commission's report and reasons
relative thereto, the council shall within not less than ten nor more than thirty days of said receipt conduct a
public hearing, with notice as provided in Section 9.74.070(C). After the council has conducted said hearing
with notice thereof as provided above,the council shall either:
A. Confirm the recommendation of the commission and effect such change or amendment by ordinance; or
B. If the council does not agree with all or any part of the commission's recommendations, refer the matter
back to the commission for a report on the parts in question. Upon receiving the report of the
•
commission, the council may, by ordinance, effect any change or amendment even though the
commission does not concur.
(Ord. 80 Art. V(I)(11), 1984)
9.74.120 Criteria.
The commission, in recommending, and the council, in reviewing a proposed change of zone, shall
consider whether the following conditions exist in reference to the proposed zoning of the subject property:
A. The proposed change of zone is in conformity with the general plan map and report, and the lot area
development standard for the proposed zone is the same as the lot area designated on the general plan
map for the property subject to the proposed zone change.
B. The subject property is suitable for the uses permitted in terms of access, size of parcel, relationship to
similar or related uses, and other considerations deemed relevant by the commission and council.
C. The proposed change of zone is necessary and proper at this time, and is not likely to be detrimental to
the adjacent property or residents.
(Ord. 80 Art.V(I)(12), 1984)
9.74.130 Denial—Appeal.
A. If the commission denies or does not make a determination within the time limit specified,the applicant
may, within ten days from the date the notification of denial was mailed to said applicant or upon
termination of the time limit, appeal to the council by written notice of appeal filed with the city clerk.
Said appeal shall be filed in duplicate and shall set forth specifically wherein the commission's findings
were in error and wherein the public necessity, convenience, welfare, or good zoning practice required
such change or amendment.
B. Upon receipt of such appeal, the city clerk shall immediately notify the secretary of the commission,
and the commission shall make a report to the council disclosing in what respect it failed to find that the
public necessity, convenience, general welfare, or good zoning practice required the change or
amendment involved. The council may grant any appealed application, but before making, any change
in or deviation from the recommendation of the commission, the council shall conduct a public hearing
thereon with notice as provided in Section 9.74.070(C) and shall first refer to the planning commission
for report and recommendation any change or amendment not previously considered by the commission
during its hearing.
C. The procedure of the council - in effecting a change or amendment initiated by commission or council
order, rather than by application of property owners, which has been disapproved by the commission,
shall be the same as that set forth for the granting of an appealed application.
(Ord. 80 Art.V(I)(13), 1984)
9.74.140 Original—Filing.
The original of the official zoning map shall be kept on file with the city clerk and shall constitute the
original records.A copy of said map shall be filed with the city planner.
(Ord. 554 § 1,2001; Ord. 80 Art.V(I)(14), 1984)
9.74.150 Publication.
All ordinances making. amendments and changes shall be published or posted by the city clerk as
provided by law.These data shall at that time be filed with the city planner.
(Ord. 554 § 1, 2001;Ord. 80 Art. V(I)(15), 1984)
9.74.160 Periodic revisions of zoning map.
The city planner shall,generally on at least a quarterly basis, cause the official zoning map composite to
be revised and updated in order to include all changes to date and to replace the original or amended official
zoning map which is part of this title. No changes shall be made upon such revised map that have not been
made through regular zones change procedure.
(Ord. 554 § 1,2001;Ord. 80 Art.V(I)(16), 1984)
9.74.170 Text amendment procedure.
Any amendment to the text of this chapter which imposes any regulation not heretofore imposed or
removes or modifies any such regulation theretofore imposed may be made according to the procedure set
forth in this chapter. However, these directory regulations are mandatory only to the extent made so by the
California Planning and Zoning Law.
(Ord. 80 Art. V(I)(17), 1984)
9.74.180 Initiation.
A. The planning commission may initiate proceedings by motion and then hold public hearings and make a
recommendation as provided in this chapter.
B. The city council may initiate proceedings by motion and then submit the matter to the commission for
public hearings.
(Ord. 80 Art. V(I)(18), 1984)
9.74.190 Staff investigation.
The planning division shall study the proposed amendment and shall provide information necessary to
assure action consistent with the intent of this ordinance and the general plan and shall report the findings to
the commission.
(Ord. 80 Art. V(I)(19), 1984)
9.74.200 Public hearing—Commission—Notice.
A. The hearing date shall be set by the secretary of the planning commission for not less than ten,nor more
than forty-five days after the initiating motion by the commission or council.
B. The notice of time, place and purpose of the hearing shall be published once in a newspaper of general
circulation in the city, or shall be posted in at least three public places in the city, not less than ten days
prior to the date of hearing. The title of such notice shall consist of words "NOTICE OF PROPOSED
AMENDMENT TO ZONING ORDINANCE" in larger type than that used for the balance of the
notice.
(Ord. 80 Art. V(I)(20), 1984)
9.74.210 Public hearing—Commission—Recommendation.
A. The commission shall, not less than ten days after the publication or posting of the legal notice of a
public hearing on an amendment,hold said public hearing.
B. Within thirty days after the conclusion of the public hearing, the commission shall file its
recommendation with the council together with a report of findings,hearings and other supporting data.
(Ord. 80 Art. V(I)(21), 1984)
9.74.220 Public hearing—Council—Date and notice.
A. The council hearing date shall be set by the city clerk for not more than thirty days after the filing of the
commission's recommendation.
B. Notice shall be given as provided in Section 9.74.200(B).
(Ord. 80 Art. V(I)(22), 1984)
9.74.230 Public hearings—Council—Decision.
A. The council shall, not less than ten days, nor more than thirty days after the publication of the legal
notice of a public hearing on an amendment,hold said public hearing.
B. The council may adopt by ordinance the amendment recommended by the commission after holding at
least one public hearing thereon. The council may modify the amendment recommended by the
commission;provided the proposed modification has been referred back to the planning commission for
a report,pursuant to subsection C of this section.
C. The commission shall review the changes proposed and referred to it by the council and shall report its
recommendations back to the council, said report to be filed with the council not more than forty days
after the referral by the council.
(Ord. 80 Art. V(I)(23), 1984)
9.74.240 Minor amendments.
Minor zoning ordinance text amendments which neither impose new regulations nor remove or modify
existing regulations may be initiated and adopted as other ordinances are initiated and adopted.
(Ord. 80 Art. V(I)(24), 1984)
9.74.250 New application.
Following the denial of a zone change application, no application for a zone change for the same or
substantially the same zone district on the same or substantially the same site shall be filed within one year
from the date of denial unless such denial was a denial without prejudice by the city council.
(Ord. 80 Art. V(I)(25), 1984)
Chapter 9.76
VARIANCES
Sections:
9.76.010 Purpose.
9.76.020 Variance in a use—Prohibited.
9.76.030 Findings.
9.76.040 Procedure.
9.76.050 Administrative variance.
9.76.010 Purpose.
The purpose of a variance shall be to insure that any property, because of special circumstances
applicable to it, such as size, shape, topography, location, or surroundings, shall be accorded privileges
commonly enjoyed by other properties in the same vicinity when approved by the planning commission.
(Ord. 80 Art. V(J)(1), 1984)
9.76.020 Variance in a use—Prohibited.
In no case shall a variance be granted to permit a use other than a use permitted in that district, this
being the rule prescribed by Section 65906 of the Government Code.
(Ord. 80 Art. V(J)(2), 1984)
9.76.030 Findings.
The granting of variances from any property development standard of this title may be authorized by the
planning commission when the following conditions exist in reference to the property being considered:
A. That the granting of such variance will not be materially detrimental to other properties in the area or
the permitted use thereof;
B. That there are exceptional or extraordinary circumstances or conditions applicable to the property or to
the intended use that do not apply to other properties in the same zone or vicinity;
C. That the strict application of this title deprives such property of privileges enjoyed by other properties in
the vicinity or in the same zone;
D. That the granting of the variance does not constitute a special privilege inconsistent with the limitations
upon other properties in the vicinity or zone in which the property is located; and
E. That the granting of the variance is compatible with the objectives, policies, general land uses and
programs specified in any adopted general plan.
(Ord. 80 Art. V(J)(3), 1984)
9.76.040 Procedure.
A. Applications. Applications for variances shall be made to the planning commission in writing on forms
provided by the city for this purpose and shall set forth in detail such information as may be required
and as may relate to the findings specified in Section 9.76.030. Notwithstanding any other provision of
this chapter, a uniform fee, as established by the city council, shall be paid upon the filing of each
application for a variance. The city planner shall cause to be made an investigation of facts bearing on
the application that will provide necessary information to assure that the action on each such application
is consistent with the intent and purpose of this ordinance and shall make these facts part of the case
record. No application shall be regarded as having been filed until the fee referred to above has been
deposited with the city.
B. Advertised Public Meeting on Variance Application. Upon receipt of an application for variance, the
city planner shall, after any necessary environmental review, set the time and place for an advertised
public meeting thereon. Notification shall be mailed no less than ten calendar days before the date of
any advertised public meeting. A notice of an advertised public meeting containing the name of the
applicant, nature of request, location of property and time and place of meeting, shall be sent through
the United States mail to all property owners within three hundred feet of the exterior boundaries of the
area described in the application, so stated to be the subject of the meeting. Notices shall be sent to
those owners of property as shown by the last equalized assessment roll and on any updates issued by
the county assessor.
C. Findings. If in the opinion of the planning commission, the necessary facts and conditions set forth in
Section 9.76.030 apply to the property referred to in the application for variance, the variance may be
granted. If such facts and conditions do not apply,the planning commission shall deny the application.
D. Conditions of Approval. Any variance granted shall be subject to such conditions as will assure that the
adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the
limitation upon other properties in the vicinity and zone in which such property is situated. The
commission shall set forth such conditions as deemed necessary and reasonable to protect the best
interests of the surrounding property or neighborhood, the general plan or the intent thereof. Said
conditions may include the dedication and development of streets adjoining the property and other
improvements.
E. Notice of Decision. A notice of such decision shall be sent by certified mail to the applicant for variance
in a timely manner. The decision shall become effective fifteen calendar days after the applicant
receives written notice.
F. Appeal. Any decision of the planning commission can be appealed to the city council per the procedure
generally provided in Section 9.72.090.
G. Voiding of Variances. A variance shall expire within twenty-four months after the original date of
approval, unless a completed building permit application has been submitted. A "completed building
permit application" shall mean all required fees, structural plans, site plans, grading plans and other
documents required pursuant to the variance. The city planner shall have authority to determine the
sufficiency of the building permit application as complying with the criteria in this section.
In the event said variance application was filed and approved in conjunction with the filing and
approval of a tentative tract or parcel map,then said variance approval may be extended in conjunction with
an approved extension of the subdivision map process.
H. New Application. Following the denial of a variance application or the revocation of a variance no
application for the same or substantially the same variance for the same or substantially the same site
shall be filed within one year from the date of denial or revocation unless such denial was a denial
without prejudice.
(Ord. 554 § 1,2001; Ord. 320 § 5, 1991; Ord. 159 § 3, 1986; Ord. 80 Art.V(J)(4), 1984)
9.76.050 Administrative variance.
A request for a minor variance from certain types of zoning regulations or conditions of approval may
be approved, conditionally approved, or denied by the city planner as an administrative variance. An
administrative variance may be granted without the necessity of a public notice hearing in the limited
situations enumerated below:
A. To allow a decrease not exceeding twenty percent in required minimum setbacks;
B. To allow a decrease not exceeding ten percent in required parking aisle width or similar dimensional
requirements;
C. To allow walls, fences or hedges to exceed the height limit regulations by a maximum of one foot,
except in a required sight triangle;
D. To allow an increase not exceeding ten percent for maximum building coverage of net lot area, or
height;and
E. To allow other variances as determined appropriate by the city planner upon the city planner's finding
that the variance meets or is similar to the aforementioned criteria.
(Ord. 554 § 1,2001; Ord. 436 § 2, 1996; Ord. 80 Art. V(J), 1984)
Chapter 9.78
DESIGN REVIEW
Sections:
9.78.010 Purpose.
9.78.020 Application.
9.78.030 Exceptions to design review.
9.78.040 Administrative design review of minor projects subject to staff review.
9.78.050 Administrative design review actions reviewed by the architectural review committee.
9.78.060 Planning commission action.
9.78.070 De novo review by city council of planning commission action.
9.78.080 Processing time limits.
9.78.090 Filing procedures.
9.78.100 Time limitation.
9.78.110 Maintenance of site,building and landscaping.
9.78.010 Purpose.
Cathedral City lies in a natural setting of scenic, natural beauty with year-round weather encouraging
outdoor activities. This environment generates a strong catalyst for tourist and recreation-oriented activity
with stable family-oriented residential areas. It is the purpose of these provisions to assure that the
development of the community compliment the natural environment and is consistent with the goals,
policies and programs of the Community Design Element and other relevant elements of the General Plan.
The design review process provides for review of the development of permitted uses:
A. Architectural considerations, including: height, bulk, area, color of buildings, types of construction
materials, physical and architectural relationships with existing and proposed structures; height;
materials, and variations in boundary walls, fences, exterior elevations of all sides of the buildings or
structures, and methods used to screen mechanical equipment from public view.
B. Landscape and site treatment, including: types of planting and vegetation, rock groupings, topography,
methods of irrigation, lighting, and incorporation and placement of utilities and appurtenances.
C. Site plan analysis, including: traffic circulation, on-site and off-site safety considerations, pedestrian
circulation and safety, arrangement of off-street parking and loading facilities, and provision of
municipal and public services.
It is intended that these provisions are consistent with and implement the community design and
development goals of the general plan. In order to achieve these goals all development whether reviewed by
staff, the architectural review committee, planning commission, and/or city council shall be reviewed for
compliance with all applicable city municipal codes or design guidelines.
(Ord. 714 § 7,2012)
9.78.020 Application.
Application for a design review shall be submitted to the community development planning department
by the owner of the property for which the design review is sought, or by the lessee of the property,or by the
agent of any of the foregoing duly authorized in writing on a form provided by the city.
(Ord. 714 § 7,2012)
9.78.030 Exceptions to design review.
A design review application shall not be required for the following:
A. Interior alterations for permitted uses;
B. Individual single-family dwellings;
C. Interior landscaping of gated communities.
(Ord. 714 § 7,2012)
9.78.040 Administrative design review of minor projects subject to staff review.
A. Minor projects that are permitted uses in the applicable zone shall be approved by staff as defined
below:
1. Change of color scheme of a shopping center;
2. Family dwellings of five or less units;
3. Model homes for tract development;
4. Tennis courts including proposals for lighting;
5. Commercial building additions that satisfy the following conditions:
a. Structures that do not face a public street,public area, or adjacent to a residential area,
b. Additions that are less than thirty percent of the total existing floor area;
6. Buildings that are damaged and not destroyed subject to Chapter 9.86 of this code by fire, earthquake,
natural disasters, acts of God, or the public enemy that do not involve expansion of the size of the
building;
7. Changes in façade that do not change the character defining features and/or motif of the building;
8. Modification to landscaping to satisfy water efficient landscaping rules;
9. Architectural changes to a building required by a national chain in order to maintain a corporate
identity: flexibility in architecture shall be used to provide for complimentary architecture to the
surrounding area;
10. Changes to a conditional use permit that add no floor area to the building or change to the land use and
are within the scope of this section may be processed as an administrative design review.
B. The . . .. -• .• - : city planner may refer these types of projects to the architectural
review committee and/or planning commission based on any of the following:
1. The proposed project is deemed to have detrimental impacts to surrounding uses such as traffic, sound,
lighting, aesthetics, and/or view sheds;
2. Negative impacts to the immediate neighborhood or other impacts which will tend to diminish values of
or otherwise detrimentally affect neighboring uses or residents.
Applications subject to this section are minor in nature, not subject to the Cathedral City public hearing
process and are not subject to the public hearing requirements of California Government Code Section
65090.
(Ord. 714 § 7,2012)
9.78.050 Administrative design review actions reviewed by the architectural review committee.
A. In order to streamline the development process and facilitate economic development, projects that are
permitted uses and will not have a significant impact on the surrounding area shall be processed as an
administrative design review acted on by the architectural review committee. The architectural review
committee shall review the following projects:
1. Significant changes to the architecture of the building that changes the character defining features of the
building.
2. Building additions to structures that are up to fifty percent of the existing floor area or under twenty
thousand square feet whichever number is less.
3. Pad structures of existing shopping centers not including drive-through facilities.
4. Exterior changes to the existing landscaping of a gated community, commercial development, or
shopping center.
5. Changes to a conditional use permit that are within the scope of this section may be processed as an
administrative design review.
6. Multi-family developments within the R4 zoning district.
B. The architectural review committee may refer these types of projects to the planning commission based
on any of the following:
1. The proposed project is deemed to have detrimental impacts to surrounding uses such as traffic, sound,
lighting, aesthetics, and/or view sheds.
2. Negative impacts to the immediate neighborhood or other impacts which will tend to diminish values of
or otherwise detrimentally affect neighboring uses or residents.
C. The architectural review committee shall take final action on projects and may impose conditions of
approval.
D. The architectural review committee's action is final unless appealed to the planning commission subject
to the procedure set forth in Section 2.04.100 of this code wherein the planning commission would be
substituted for the city council.
E. These projects are minor in nature and not subject to the Cathedral City public hearing process and are
not subject to the public hearing requirements of California Government Code Section 65090.However,
in order to support transparent government and community involvement these projects shall be posted
on the exterior of City Hall in a place that is accessible during nonworking hours and electronically on
the city's website a minimum of five days prior to the meeting of the architectural review committee.
(Ord. 746 § 7,2014; Ord. 714 § 7, 2012)
9.78.060 Planning commission action.
A. Any item not expressly mentioned in Sections 9.78.040 and 9.78.050 shall be acted on by the planning
commission which shall consider the recommendations of staff,the architectural review committee, and
all applicable municipal codes.
B. The findings of staff and the architectural review committee shall be forwarded to the planning
commission in the form of a written report.
C. The planning commission shall have full authority to take final action on projects and can add, modify,
or delete any condition of approval recommended by staff or the architectural review committee.
D. These projects are net subject to the Cathedral City public hearing process and
public hearing requirements of California Government Code Section 65090. However, in order to
E. The planning commission's action is final unless appealed to city council subject to Section 2.04.100 of
this code.
(Ord. 714 § 7,2012)
9.78.070 De novo review by city council of planning commission action.
The city council can initiate a de novo review of any design review by requesting the item via the city
manager to be on the next city council agenda. If a majority of the quorum present is in agreement to
conduct a de novo review they may order a review of all or part of the application in the same manner as
provided for Section 9.72.090 of this title. The item shall be presented at a city council meeting after the
order of review and the city council shall conduct a de novo review and may add, modify, or delete any part
of the project and/or conditions of approval.
(Ord. 714 § 7, 2012)
9.78.080 Processing time limits.
It shall be the responsibility of the • • .. - -_ : city planner or designee to inform
the applicant of a design review application of the completeness of such application within thirty days of
receipt. If the application is complete, the .. - . -_ : city planner shall have staff
from all impacted departments review the proposal and shall assure that the application is processed through
the most expedient process defined in this chapter.
(Ord. 714 § 7,2012)
9.78.090 Filing procedures.
A. A request for design review approval shall be submitted on application forms provided by the
semmuflity-Eleveletament planning department. The application for such approval shall be filed with the
city. If the project concurrently requires a conditional use permit or planned unit development
application; the information contained in that application may be used to submit a design review
application.
B. An application for design review shall be supplemented by plans, drawings, photographs, renderings,
samples of materials and any other pertinent information, as required by the eeffifyiundevelepment
director city planner to adequately portray all applicable aspects of a proposal and adjacent property as
required. Plans and drawings shall be signed by the draftsman and the architect, building designer or
engineer responsible for their correctness.
(Ord. 714 § 7, 2012)
9.78.100 Time limitation.
A. A design review shall expire twenty-four months after the original date of approval by the final
approving body, unless a completed building permit application has been submitted. A "completed
building permit application" shall mean all required fees, structural plans, site plans, grading plans and
other documents required pursuant to the design review. The building official in consultation with the
. .. .• - : city planner shall have authority to determine the sufficiency of the
building permit application as complying with the criteria in this section.
B. A design review shall expire upon expiration of a building permit which has been issued in accordance
with subsection A of this section.
C. When an applicant desires an extension of a design review, and the design review is not coupled with a
tentative tract map or parcel map, the final approving body at its sole discretion may grant an extension
of time not to exceed one year from the original expiration of said permit.
D. Notwithstanding Ordinance No. 659, when an applicant desires to be granted an extension of a design
review, and the design review is coupled with a tentative tract map or parcel map, the final approving
body at its sole discretion may grant an extension of time not to exceed the life of the map including any
extensions approved by the city of Cathedral City or by state law.
E. The application to file an extension for a design review must be filed on a form as provided by the city
and must be completed and filed with the city prior to the expiration of said permit.
F. For purposes of this section, final approving body shall mean the architectural review committee,
planning commission,or city council.
(Ord. 714 § 7, 2012)
9.78.110 Maintenance of site,building and landscaping.
Notwithstanding performance standards required to be met under Chapter 9.86, all improvements
approved for construction based upon the procedures established herein are required to be maintained so as
to substantially comply with the plans approved for construction. The improvements to be maintained
include, but are not limited to, site improvements, such as parking and walking surfaces, drainage control
facilities, fences, signs, and lights; building and accessory structure improvements, such as paint colors and
other finish materials, roofing materials, mechanical equipment, windows, trellises, canopies, and all
architectural features; and landscape improvements, such as plant type, size and number and all irrigation
system components. Any new signage that is installed must have the surrounding area painted and patched
to match the existing area.
(Ord. 714 § 7, 2012)
Chapter 9.80
ACCESSORY STRUCTURES,STRUCTURE HEIGHTS,YARDS,WALLS AND FENCING
Sections:
9.80.010 Purpose and intent.
9.80.020 Accessory structures.
9.80.030 Structure heights.
9.80.040 Lots—Area and dimension.
9.80.050 Yards—General conditions.
9.80.060 Yards—Permitted projections.
9.80.070 Yards—Special conditions.
9.80.080 Swimming pool enclosures.
9.80.090 Corner cut-off areas—Visibility regulations.
9.80.100 Corner cut-off areas—Exceptions.
9.80.110 Corner cut-off areas—Location of end points.
9.80.120 Permitted enclosures.
9.80.130 Storage containers.
9.80.010 Purpose and intent.
The purpose of this chapter is to list general requirements for accessory structures, structure heights,
yards,walls and fencing which are not provided within the regulations of each zoning district.
(Ord. 371 § 4, 1992; Ord. 80 Art.V(L)(1), 1984)
9.80.020 Accessory structures.
A. No garage or other accessory structure shall be located in any residential zone without a permitted main
building.
B. Detached accessory structures shall be at least ten feet from other buildings including the main building.
C. Detached accessory structures ' •.. - - ' ' . shall be at least four five feet from a side or
rear lot line. ` . . . - . ._ . - ' . - - 'from a side or rear lot line; provided, however, that any area three feet or less shall be poured with a
D. Garages with automobile access from an alley shall not be closer than twenty-five feet from the
opposite property line of the alley.
E. No accessory structure shall occupy any portion of the side yard on the street side of the corner lot, and
on a reversed corner lot no accessory structure shall be erected closer to the street than the building line
of the adjacent key lot.
F. Open, non-habitable, structures, including, but not limited to, playground equipment, gazebos, arbors
and trellises, are permitted with a maximum height of 10 feet above grade if set back from property
lines a distance equal to the structure's height, but no less than 5 feet. Playground equipment and other
structures with elevated platforms are limited to a maximum platform height of 5 feet. Structures with
elevated platforms shall require additional landscape screening to restrict views into neighboring
residences. Landscape improvements shall include placement of shrubs and trees along the rear and side
property lines.
(Ord. 371 § 4, 1992; Ord. 80 Art.V(L)(2), 1984)
9.80.030 Structure heights.
A. All structures hereafter erected and existing structures which may be reconstructed, altered, moved,
maintained, or enlarged shall comply with the height regulations of the zone in which they may be
located. Roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar
equipment required to operate and maintain the building and fire or parapet walls, skylights, towers,
church spires, chimneys, smokestacks, wireless masts or similar structures may be erected above the
height limits prescribed in this title so long as the same may be safely erected, but no roof structures or
any space above the height limit shall be allowed for the purpose of providing additional floor space.
B. A flagpole, mast, or similar structure, whether freestanding or building mounted, may be permitted by
the city planner pursuant to Section 9.78.040,when appurtenant to a developed site and when the height
as measured from ground level does not exceed fifty feet in residential zones; sixty feet in commercial
or industrial zones on developments of less than fifteen acres in size; and one hundred feet in
commercial or industrial zones on developments of fifteen acres or greater in size.
C. Any flagpole less than fifty feet in height shall be set back twenty feet from any public right-of-way.
Any flagpole greater than fifty feet in height shall be set back a minimum of forty feet from any public
right-of-way.
(Ord. 563 § 1, 2002; Ord. 450 § 2, 1997; Ord. 327 § 3, 1991; Ord. 80 Art. V(L)(3), 1984)
9.80.040 Lots—Area and dimension.
A. All buildings hereafter erected and existing buildings which may be reconstructed, altered, moved or
maintained, or enlarged shall comply with the area regulations of the zone in which they may be
located.
B. The lot area shall be that prescribed by this title and shall not be reduced, diminished or maintained so
that the yard or open spaces are smaller than that prescribed by this title, and the density of population
shall not be increased in any manner, except in conformity with the area regulations of the zone in
which it is located.
C. Every building and structure hereafter erected, and every use hereafter undertaken in any zone, shall be
located and conducted only on a legal lot which has been surveyed and had monumentation set (as
certified by a registered civil engineer or licensed land surveyor), and only within the lot lines of such
legal lot.
(Ord. 80 Art. V(L)(4), 1984)
9.80.050 Yards—General conditions.
A. Yards shall be measured perpendicular to the property line or from a future street or highway line as
shown on the general plan or established in the applicable setback regulations.
B. Yard provisions shall apply to both main and accessory structures unless otherwise specified.
C. No required yard or other open space around an existing building or any building hereafter erected shall
be considered as providing a yard or other open space for another building on an adjoining lot or
building site.
D. A garage doorL fence or gate shall not, when open or being opened,project beyond the lot line.
(Ord. 80 Art. V(L)(5), 1984)
9.80.060 Yards—Permitted projections.
A. Fences may be located within any yard, subject to the provisions contained herein.
B. Detached accessory structures, including, but not limited to, storage sheds, patio covers, and gazebos,
may extend into the side or rear yard setbacks, subject to the provisions of Section 9.80.020 concerning
accessory structures.
C. Fire escapes may extend or project into a yard not more than four feet; provided, however, that the said
yard shall not thus be reduced to less than three feet in width.
D. Cornices, canopies, eaves, belt courses, and other similar architectural features may extend or project
into a required front yard not more than four feet, and may extend into a required side or rear yard not
more than six inches for each one foot of width of such required side or rear yard.
E. Uncovered porches, platforms, decks or landing places which do not extend above the level of the first
floor of the building may extend into any required front yard a distance of not more than twenty percent
of such front yard, and in no instance more than five feet. Such features may extend into any required
side or rear yard not more than four feet. An openwork railing may be installed or constructed on any
such porch, platform, deck or landing place provided it does not exceed thirty-six inches in height for
residential use, and forty-two inches for a commercial use. Open,unenclosed stairways or balconies not
covered by a roof or a canopy may extend or project in to a required front yard not more than four feet.
(Ord. 371 § 5, 1992; Ord. 244 § 4, 1989; Ord. 80 Art.V(L)(6), 1984)
9.80.070 Yards—Special conditions.
A. Front Yard Exceptions. The following special provisions shall apply to all R1-7.2, R1-10, R1-12, RR,
R2,RM, R3,RH, and PPO zones:
1. Key lots shall have a front yard not less than the front yard for the adjoining interior lot. When the front
yard on the adjoining interior lot is less than prescribed by this title, the key lot front yard may be the
same, but shall in no case be less than twenty feet. In partially built-up blocks, no front yard need be
deeper than the average depth of the front yards next thereto on each side, but shall in no case be less
than twenty feet. A vacant lot or a lot occupied by a building with a front yard more than twenty-five
feet deep shall be deemed to have a front yard twenty-five feet deep.
2. On Rl zoned lots located on secondary, major or arterial highways, perimeter walls up to six feet high
may encroach into the setback of a front yard abutting such highway, to within ten feet of the front
property line.
B. Other Special Yard Requirements. The following requirements shall apply:
1. Churches, schools, institutions, or other similar uses when permitted in an R zone shall be removed at
least twenty feet from every boundary line of the property, and no front yard as required in such zone or
side yards as required shall be used for play or parking purposes.
2. a. The minimum side and rear yard setback requirement for swimming pools shall be five feet.
Swimming pools shall not be permitted in a required front yard.
b. Setbacks for pool pump and filter installations shall be a minimum of ten feet from any property line.
The city planner may reduce the required setback for pumps and filters when a solid five-foot high
masonry wall(minimum height) is situated between such equipment and any adjacent property line with
said wall extending a minimum distance of two feet beyond any portion of such equipment. The city
planner may also approve an alternate method of sound control in lieu of a block wall where it is found
that an equivalent noise reduction is achieved.
3. Reversed corner lots shall have a side yard on the street side of a width not less than ten feet.
4. Developments with one "0" side yard may be allowed by conditional use permit in an Rl or R2 zone,
provided that appropriate and necessary covenants, conditions and restrictions are agreed upon and
recorded by the involved property owners.
5. All ground equipment shall be setback a minimum of three feet from the property lines. Generators shall
be setback a minimum of ten feet from any property line. The city planner may reduce the required
setback for generators when a solid five-foot high masonry wall (minimum height) is situated between
such equipment and any adjacent property line with said wall extending a minimum distance of two feet
beyond any portion of such equipment.
(Ord. 554 § 1, 2001; Ord. 361 § 2, 1992; Ord. 326 § 2, 1991; Ord. 80 Art. V(L)(7), 1984)
9.80.080 Swimming pool enclosures.
Swimming pools for Rl zone properties shall be entirely enclosed by buildings, fences, or walls which
are not less than five feet in height at any point, measured immediately adjacent to any such building, fence
or wall on the side of such building, fence or wall opposite the swimming pool. Said fence or wall shall have
self-latching gates or doors not less than five feet in height,and each such gate or door shall have latches not
less than four feet above the ground level. All fencing and walls must be in place and approved by the
building inspector before water shall be allowed in a pool.
(Ord. 80 Art.V(L)(8), 1984)
9.80.090 Corner cut-off areas—Visibility regulations.
A. There shall be no parking permitted or vertical obstructions constructed within corner cut-off areas
except as provided in this chapter.
B. The following regulations shall apply to all intersections of streets, alleys, private driveways and any
combination thereof in order to provide adequate visibility for vehicular traffic.
(Ord. 80 Art. V(L)(9), 1984)
9.80.100 Corner cut-off areas—Exceptions.
A. Light poles, sign supports, fences, roof overhangs, plant materials or other similar structures may be
permitted within the corner cut-off area subject to the approval of the city planner and city engineer;
provided however,that:
1. Only one structure or obstruction may be permitted in the corner cut-off area. Such structure or
obstruction shall not have a horizontal dimension greater than twelve inches between the elevation of
three feet and ten feet above the adjacent street, driveway or alley pavement.
2. The corner cut-off area shall be for pedestrian use or landscaped and maintained subject to the approval
of the city planner.
B. Structures or plant material may be located within the corner cut-off area if no part of said structure or
plant material exceeds three feet in height above the adjacent street, driveway or alley pavement.
(Ord. 554 § 1,2001; Ord. 80 Art. V(L)(10), 1984)
9.80.110 Corner cut-off areas—Location of end points.
End points for corner cut-off lines shall be the following distances from the corner:
A. On major or secondary street right-of-way lines: thirty feet;
B. On collector street right-of-way lines: twenty-five feet;
C. On local street right-of-way lines: twenty feet;
D. On alley right-of-way lines: ten feet; and
E. On private driveway lines:ten feet.
(Ord. 80 Art. V(L)(11), 1984)
9.80.120 Permitted enclosures.
A. Except for fences required per the zone district regulations, fencing is not required. However, if
constructed, fencing within rear and side yards shall not exceed six feet in height. The fence may be
constructed of any solid or open material except barbed wire, razor wire, electrified fence, or used
materials of any kind. Alternative construction material and various metals and composites for walls
and fences may be approved by the city planner , which decision may be appealed to
the architectural review committee by the applicant. Solid fencing within front yards shall not exceed a
height of forty-two inches and shall be constructed with finished appearance consistent with the
architecture of the main building and the rear and side yard fence. Open fences not exceeding six feet in
height are permitted in front yards, but chain link and other wire fences shall not be permitted.
Measurement of all fencing height shall be made from the ground or from the top of a retaining wall, if
fence is placed on such a wall.
B. In the case of corner lots where driveways extend into the side yard, fences, hedges or walls shall inset
at a forty-five degree angle fifteen feet on each side of such driveway; provided, however, that this
subsection shall not apply to any security fence or wall as set forth in subsection C of this section,nor to
the erection of fences, walls or hedges around any building or structure used for providing public utility
services.
C. Fences and walls in industrial and agricultural zones may have an additional two feet of security fencing
added onto the enclosure permitted by subsection A of this section.
D. Fences, walls and hedges not exceeding twelve feet in height shall be permitted to enclose tennis courts
located within the rear half of the lot; provided, however, such enclosure shall be located not less than
three feet from any side or rear property line; and provided, further, however, that any portion of said
enclosure which is higher than six feet shall be composed of wire mesh or other material whose vertical
surface shall not be closed more than ten percent.
E. Notwithstanding anything to the contrary in this title, fences enclosing public utility stations,
substations, or other similar facility may be erected at any height as required by the California Public
Utilities Commission.
(Ord. 814 § 1,2018; Ord. 244 §§ 5, 6, 1989; Ord. 80 Art.V(L)(12), 1984)
9.80.130 Storage containers.
Storage containers may be allowed by a special use permit or conditional use permit depending on the
length of time the container will be used. In order to be allowed the container must be anchored on a
concrete pad and the exterior colors and materials must be similar as those of the main building.
(Ord. 470 § 11, 1998; Ord. 80 Art. V(L)(13), 1984)
Chapter 9.82
SEXUALLY ORIENTED BUSINESSES
Sections:
9.82.010 Purpose and intent.
9.82.020 Definitions.
9.82.030 Establishment and classification of businesses regulated.
9.82.040 Measurement of distance.
9.82.050 Location of sexually oriented businesses.
9.82.060 Other zoning regulations.
9.82.010 Purpose and intent.
It is the purpose and intent of this chapter to regulate sexually oriented businesses to promote the health,
safety, morals, and general welfare of the citizens of the city and to establish reasonable and uniform
regulations to prevent any deleterious location and concentration of sexually oriented businesses within the
city, thereby reducing or eliminating the adverse secondary effects from such sexually oriented businesses.
The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the
content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent
nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the
First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to
their intended market.Neither is it the intent nor effect of the chapter to condone or legitimize the distribution
of obscene material.
(Ord. 347 § 7; Ord. 80 Art.V(M)(1), 1984)
9.82.020 Definitions.
All specially defined words and phrases concerning sexually oriented businesses which are set forth in
Chapter 5.18 of this code shall be incorporated herein by this reference as though fully set forth at length.
(Ord.480 §§ 1,2, 1998; Ord. 347 § 7; Ord. 80 Art.V(M)(2), 1984)
9.82.030 Establishment and classification of businesses regulated.
The establishment of any sexually oriented business shall be permitted only in those particular specified
commercial or industrial zones where such uses are permitted, and shall be subject to the following
restrictions. No person shall cause or permit the establishment of any of the following sexually oriented
businesses, as defined above, within one thousand feet of another such business or within seven hundred fifty
feet of any religious institution, school, boys' club, girls' club, or similar existing youth organization, or
public park, or any public building regularly frequented by children, or within seven hundred fifty feet of any
property in the city zoned for residential use, or within two hundred fifty feet of East Palm Canyon Drive
(State Route 111); subject to the exceptions provided in Section 9.82.050. These limitations apply to sexually
oriented businesses classified as follows:
A. Adult arcade;
B. Adult bookstore,adult novelty store,or adult video store;
C. Adult cabaret;
D. Adult motel;
E. Adult motion picture theater;
F. Adult theater;
G. Massage parlor;
H. Sexual encounter establishment;
I. Escort agency; or
J. Nude model studio.
(Ord.411 § 2, 1995; Ord. 347 § 7; Ord. 80 Art.V(M)(3), 1984)
9.82.040 Measurement of distance.
A. Distance between any two sexually oriented businesses shall be measured in a straight line, without
regard to intervening structures, from the closest exterior structural wall of each business. The distance
between any sexually oriented business and any religious institution, school, boys club, girls club, or
similar existing youth organization, or public park or public building regularly frequented by children or
any properties zoned for residential use, or East Palm Canyon Drive (State Route 111) shall also be
measured in a straight line,without regard to intervening structures or objects from the nearest portion of
the building or structure used as part of the premises where sexually oriented business is conducted, to
the nearest property line of the premises of a religious institution, public or private elementary or
secondary school, or the nearest boundary of an affected public park, public building regularly
frequented by children,residential district, or residentially zoned lot,or to the nearest right-of-way line of
East Palm Canyon Drive(State Route 111).
B. Where a pedestrian or vehicle crossing of the Whitewater Channel or North Cathedral Channel occurs
(as related to Section 9.82.050(G), distance between any two sexually oriented business or between a
sexually oriented business and any of those uses listed in Section 9.82.030, shall be measured in a
straight line, without regard to intervening structures or objects, from the nearest portion of the building
or structure used as part of the premises where the sexually oriented business is conducted, to the
channel crossing and then measured from the channel crossing to the nearest property line of the
premises of any of those uses listed in Section 9.82.030, or to the nearest portion of any building or
structure used as part of the premises where the sexually oriented business is conducted. The combined
measurements shall be required to meet the applicable separation standard.
(Ord.411 § 2, 1995; Ord. 347 § 7(part); Ord. 80 Art.V(M)(4), 1984)
9.82.050 Location of sexually oriented businesses.
The city's zoning title requires that sexually oriented business shall be permitted only in a zone where
such uses are specifically permitted (PCC, CTR, CBP 1, CBP-2 AND I-1 zones, at time of adoption of the
ordinance codified in this section.)Permits for sexually oriented businesses shall be required and governed by
the procedures and policies specified in Chapter 5.18 of this code. In addition, any sexually oriented business
shall be subject to the following restrictions:
A. The person commits a misdemeanor if he operates or causes to be operated a sexually oriented business
outside of the permitted zones(PCC, CTR, CBP 1, CBP-2, and I-1).
B. The person commits a misdemeanor if he operates or causes to be operated a sexually oriented business
within seven hundred fifty feet of: (1) any religious institution; (2) any school; (3) the boundary of any
Cathedral City residential district; (4) a public park adjacent to any residential district; or (5) a boys'
club, girls' club, or similar existing youth organization, or a public park or public building regularly
frequented by children.
C. A person commits a misdemeanor if he operates or causes to be operated a sexually oriented business
within one thousand feet of another such business, which will include any adult arcade, adult book
store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage
parlor or any sexual encounter establishment.
D. A person commits a misdemeanor if he operates or causes to be operated a sexually oriented business
within two hundred fifty feet of East Palm Canyon Drive(State Route 111).
E. A person commits a misdemeanor if he causes or permits the operation, establishment, or maintenance
of more than one sexually oriented business within the same building, structure, or portion thereof, or
causes the substantial increase of floor areas of any sexually oriented business in any building, structure
or portion thereof containing another sexually oriented business.
F. Nothing in this chapter prohibits the location of a sexually oriented business within a regional retail
shopping mall which consists of no less than two hundred fifty thousand square feet under one roof,and
containing not less than fifteen separate businesses under that same roof in any commercial or industrial
zone wherein such sexually oriented business will have its only frontage upon enclosed malls or malls
isolated from direct view from public streets,parks, schools,churches, or residentially zoned property.
G. Nothing in this chapter prohibits the location of a sexually oriented business within any distance from
another sexually oriented business or from any other sensitive use as to which location is regulated
under subsection B of this section, where the impassable barrier of the Whitewater River Channel or
North Cathedral Channel, separates such use from any other such sexually oriented business or other
sensitive use as described in subsection B of this section. This exception does not apply in areas where
pedestrian and/or vehicle crossings of the channels occur,thus creating a passable condition.
(Ord.411 §2, 1995; Ord. 347 § 7(part); Ord. 80 Art.V(M)(5), 1984)
9.82.060 Other zoning regulations.
A. Any sexually oriented businesses operating on December 4, 1991 that is in violation of Sections
9.82.010 through 9.82.050 of this chapter, shall be deemed a nonconforming use. A nonconforming use
will be permitted to continue for a five year period with possible extensions for extenuating
circumstances to be granted by the city council only upon a convincing showing of extreme fmancial
hardship. Such extensions shall not exceed a total of fifteen years in addition to the initial amortization
period. A more restrictive amortization period has been found to be valid in Lydo, Inc. vs. City of Las
Vegas, United States Court of Appeals for the Ninth Circuit, 745 F.2d 1211. Any such nonconforming
business loses its right to operate as a nonconforming use, if, for any reason, it voluntarily discontinues
its business operation for a period of thirty days or more or if its license to operate is revoked and such
revocation covers a period of thirty days or more and such revocation is not overturned by a court of
competent jurisdiction. Such nonconforming uses, while nonconforming, shall not be increased,
enlarged, extended or altered except that the use may be changed to a conforming use. If two or more
sexually oriented businesses are within one thousand feet of one another and otherwise in a permissible
location, the sexually oriented business which was first established and continually operating at the
particular location is the conforming use and the later established businesses or businesses are
nonconforming.
B. A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming
use by the location, subsequent to the grant or renewal of a sexually oriented business permit and/or
license, within one thousand feet of the sexually oriented business, or the location subsequent to the
grant of a sexually oriented business permit or license, of a church, public or private elementary or
secondary school, public park, public building regularly frequented by children, or residential district,
within seven hundred fifty feet of the sexually oriented business. This provision applies only to the
renewal of a valid permit and/or license, but this provision does not apply when an application for a
permit and/or license is submitted after a permit and/or license has expired or has been revoked.
C. Subject to the licensing,regulatory and other requirements of Chapter 5.18 of this code,the city council
may waive the separation requirements of this chapter with respect to a sexually oriented business
within the relocation zone, as hereinafter defined, if the city council makes specific determinations that
the waiver or waivers will:
1. Not result in a disturbance of the peace, good order or quiet enjoyment of residences, schools, churches
or parks within seven hundred fifty feet of the relocated site; Smith v. County of Los Angeles, 24
Cal.App.4th 990(1994); Grayned v.The City of Rockford(1972)408 U.S. 104; and
2. The exterior appearance of the structure occupied by the relocated sexually oriented business will not be
inconsistent with the external appearance of commercial structures already constructed within the
immediate neighborhood so as to cause blight, deterioration or substantially diminish or impair property
values within the neighborhood. Said inconsistency shall be found only if the exterior appearance of the
sexually oriented business is conspicuous in relation to other commercial uses in the vicinity with
regard to their exterior appearance and signage; and
3. The sexually oriented business use will be consistent with the adopted general plan and zoning
ordinance of the city; and
4. The relocation will assist in the resolution of a pending lawsuit between the city and an owner of a
preexisting business involving issues pertaining to the city's sexually oriented business regulations; and
5. Will be consistent with the redevelopment and standards as set forth by the city in its redevelopment
code.
For purposes of this subsection, "Relocation zone"means and refers to that area of the city designated as
such on that certain map attached as Exhibit "A" to the ordinance codified in this section. This subsection
shall terminate and expire on January 1, 1998, after which it shall be of no force and effect. After expiration
of this subsection,any specific waivers granted under this subsection shall continue in full force and effect.
Further, this subsection shall be limited to those pre-existing businesses, which are not currently located
within the relocation zone but are currently operating within the city as a sexually oriented business or a
similar type of business pursuant to a validly issued sexually oriented business license or other validly issued
business license issued by the city.
(Ord. 467 § 1, 1997; Ord. 466 § 1, 1997; Ord. 461 § 2, 1997; Ord. 460 § 2, 1997; Ord. 347 § 7 (part); Ord. 80
Art. V(M)(6), 1984)
Chapter 9.84
RECREATIONAL VEHICLE PARKS
Sections:
9.84.010 Purpose.
9.84.020 Permitted zone districts.
9.84.030 Permitted uses.
9.84.050 Prohibited uses.
9.84.060 Accessory structures.
9.84.070 Prohibited accessory structures.
9.84.090 Density.
9.84.100 Area of parks and lots.
9.84.110 Frontage of parks and lots.
9.84.120 Yards and setbacks.
9.84.130 Landscaping.
9.84.140 Common recreation area.
9.84.150 Perimeter screening.
9.84.160 Lighting.
9.84.170 Improvement of lots and coverage.
9.84.180 Automobile parking.
9.84.190 Vehicular access.
9.84.210 Outdoor storage.
9.84.220 Trash removal.
9.84.240 Utilities.
9.84.250 Movement of recreational vehicles.
9.84.260 Subdivision of lots.
9.84.270 Recreational vehicle campgrounds.
9.84.280 Existing recreational vehicle parks and campgrounds.
9.84.290 Existing travel trailer parks.
9.84.300 Conflicts with zone district requirements.
9.84.010 Purpose.
This chapter is to define various types of recreational vehicle parks and recreational vehicle
campgrounds, and to provide for their proper development,as opposed to mobile home parks, and to provide
a reasonable compatibility with adjoining properties while allowing a diversity of uses. Furthermore, these
provisions provide for the continuance of existing travel trailer parks and recreational vehicle parks not in
compliance with this code.
(Ord. 187 § 11, 1987; Ord. 80 Art. V(N)(1), 1984)
9.84.020 Permitted zone districts.
A. A recreational vehicle park is permitted in the Resort Residential ("RR") and Commercial Tourist &
Recreational ("CTR") districts by an approved conditional use permit. Such a use is not permitted in
any other district.
B. Those recreational vehicle parks with an approved conditional use permit existing in a district other than
RR or CTR as of February 27, 2002, shall be permitted to exist in the city of Cathedral City as a legal
nonconforming use, as that term is defined in the zoning regulations of the Cathedral City Municipal
Code.
(Ord. 560 § 2,2002; Ord. 187 § 11, 1987; Ord. 80 Art.V(N)(2), 1984)
9.84.030 Permitted uses.
A. Use provisions applicable to all Recreational Vehicle Parks.
1. Placement of recreational vehicles for nonpermanent residency. Note: per city definition a recreational
vehicle does not include park trailers or mobile homes.
2. Permanent residency for manager or other employees in the operation of the park, provided they are not
housed in a recreational vehicle or park trailer.
3. Delicatessen, snack bar and food store, provided this use is fully contained in a social or recreation
center at least one hundred feet from any property line of the recreational vehicle park, and serving only
park guests.
4. Recreational vehicle campgrounds as an ancillary use to a recreational vehicle park in specifically
designated areas. See Section 9.84.270 for development and operational regulations.
5. Office space that is utilized solely for park operations including, but not limited to, use for the sales
and/or rentals of lots within a recreational vehicle park.
6. Similar Uses. The planning commission may, by the conditional use permit approval, permit any other
uses which it may determine to be similar to those listed above, operated exclusively for the
convenience of recreational vehicle park residents, and not more obnoxious or detrimental to the public
health, safety and welfare, or to other uses permitted in the park, as provided in this code. All uses shall
be subject to the property development standards contained herein.
B. Rental Parks. Additional uses applicable to rental recreational vehicle parks: placement of park trailers
in lots specifically designed for such units.
C. Ownership/Membership Parks. Additional uses applicable to ownership/membership recreational
vehicle parks: no additional uses. Note: placement of park trailers in lots specifically designed for such
units are permitted within ownership/membership recreational vehicle parks.
D. Extended Occupancy Parks. Additional uses applicable to extended occupancy parks: placement of park
trailers in lots specifically designed for such units.
(Ord. 560 §§ 3-5,2002; Ord. 187 § 11, 1987; Ord. 80 Art. V(N)(3), 1984)
9.84.050 Prohibited uses.
A. Permanent Residency. Except for park management and maintenance personnel, there shall be no
permanent residency in a recreational vehicle park.
B. Nonresidential Uses. Except as otherwise expressly provided herein, no part of the park shall be used in
any way, directly or indirectly, for any business, commercial, manufacturing, mercantile, storing,
vending or similar purpose or any other purpose unrelated to a recreational vehicle park.
C. Home Occupations. Not permitted within any recreational vehicle, park trailer or residence within a
recreational vehicle park.
D. Propane. The on-site sale of propane is prohibited, except from a mobile commercially-licensed vendor.
(Ord. 560 § 7, 2002; Ord. 187 § 11, 1987; Ord. 80 Art.V(N)(5), 1984)
9.84.060 Accessory structures.
A. General.The following structures and their uses are permitted in all recreational vehicle parks:
1. Mobile Homes. Not more than one mobile home lot for every two hundred RV spaces may be placed in
a recreational vehicle park. The mobile home is to be occupied only by the owner, the manager, or
employee in the operation of the park. Such mobile home space and mobile home shall comply with all
requirements and definitions set forth in Mobile Home Park Standards(Chapter 9.64.)
2. One single-family residence for the owner or manager of a recreational vehicle park. The yard
requirements for this single-family residence in this zone shall be the same as provided in the R 1-7.2
residential district. The minimum site area requirement for this residence shall be six thousand square
feet.The residence may include office space for use in connection with the park operation.
3. Social and recreational center, provided such center is at least one hundred feet from any property line
of the recreational vehicle park.
4. Private recreation facilities for the use of the occupants of the park and their guests, such as swimming
pool,putting greens and shuffleboard courts.
5. Common laundry facilities,provided there is no dry-cleaning equipment or outdoor laundry drying.
6. Common shower, bath, and locker room facilities. Not permitted on recreational vehicle lot as separate
structure.
7. Structures to assist the handicapped.
B. Rental Parks.No additional accessory structures permitted.
C. Ownership/Membership Parks. Storage structures,provided that:
1. The storage structure does not exceed dimensions of ten feet in width, nine feet in depth and seven feet
in height.
2. The storage structures within a given park are similar in design, style, quality and building materials to
other such structures or approved theme designs in the park.
3. The storage structures are located within the rear half of the lot.
4. There is a maximum of one storage structure per recreational vehicle lot.
D. Extended Occupancy Parks.
1. Patio covers provided that:
a. The patio cover is self-supporting and not permanently attached to a recreational vehicle. However,
patio covers may be attached to park trailers.
b. Patio covers shall not exceed an area of five hundred forty square feet.
c. Automobile parking is permitted under the patio cover.
2. Storage structures,provided that:
a. The storage structures are similar in design, style and building materials to other such structures or
approved design themes in the park.
b. There is a maximum of one storage structure per recreational vehicle lot.
3. Decking no higher than the height of the threshold of the doorway to the recreational vehicle or park
trailer.
(Ord. 560 §§ 8-11, 2002; Ord. 187 § 11, 1987; Ord. 80 Art. V(N)(6), 1984)
9.84.070 Prohibited accessory structures.
The following structures are prohibited within all recreational vehicle lots:
A. Any enclosed habitable buildings,except as otherwise specifically permitted herein.
B. Garages and carports,except carports built as part of a patio cover where specifically permitted herein.
(Ord. 560 § 12,2002; Ord. 187 § 11, 1987; Ord. 80 Art. V(N)(7), 1984)
9.84.090 Density.
The maximum net density in the various permitted recreational vehicle parks is as follows:
A. Rental Parks. The number of recreational vehicle lots shall not exceed fifteen per acre.
B. Ownership/Membership Parks. The number of recreational vehicle lots shall not exceed twelve per acre.
C. Extended Occupancy Parks.The number of recreational vehicle lots shall not exceed ten per acre.
(Ord. 187 § 11, 1987; Ord. 80 Art. V(N)(9), 1984)
9.84.100 Area of parks and lots.
A. Park Area. Each recreational vehicle park shall have a minimum of ten acres measured from the
property lines of the park.
B. Rental Park. Minimum area of recreational vehicle lot shall be two thousand sq. ft.
C. Ownership/Membership Park.Minimum area of recreational vehicle lot shall be two thousand sq. ft.
D. Extended Occupancy Park.Minimum area of each recreational vehicle lot shall be two thousand sq. ft.
E. Existing Ownership/Membership Park. In ownership/membership parks existing at the time of the
adoption of these regulations, no park trailers shall be placed on a recreational vehicle lot less than one
thousand five hundred sq. ft. in area.
(Ord. 560 § 14,2002; Ord. 187 § 11, 1987; Ord. 80 Art.V(N)(10), 1984)
9.84.110 Frontage of parks and lots.
A. Park Frontage. Each recreational vehicle park shall have a minimum frontage on a public street of three
hundred feet.
B. Rental Park. The frontage of a recreational vehicle lot shall be a minimum of forty feet on a road
way.
C. Ownership/Membership Park. The frontage of a recreational vehicle lot shall be a minimum of thirty
feet on a roadway.
D. Extended Occupancy Park. The frontage of a recreational vehicle lot shall be a minimum of forty feet
on a roadway. (Ord. 187 § 11, 1987; Ord. 80 Art.V(N)(11), 1984)
9.84.120 Yards and setbacks.
A. Minimum Yards of the Park. Setbacks in which no recreational vehicle lot or accessory structures
except for fences are to be located:
1. Front yard: twenty-five feet.
2. Interior yard: ten feet.
B. Setbacks. The body of any recreational vehicle, park trailer or structure, except seat walls, may not be
placed within three feet of a roadway, rear lot line or one of the side lot lines. However, storage
structures may be placed on cement pads that were in existence prior to the effective date of October 16,
1987, regardless of setback. Setbacks are not required where the lot line is adjacent to a common open
area that is at least ten feet in width at that point.
C. Separations. The minimum distance between the body of any recreational vehicle, including slide outs,
or park trailer and any other recreational vehicle, including slide outs, or park trailer shall be ten feet.
(Ord. 560 § 15,2002; Ord. 187 § 11, 1987; Ord. 80 Art.V(N)(12), 1984)
9.84.130 Landscaping.
A. Park Yards. All required yards within a recreational vehicle park shall be fully landscaped and irrigated.
No required parking or vehicular maneuvering areas shall be permitted in required yards, except entry
roads crossing through said yards.
B. Common Areas. All common open areas, except for natural areas, shall be landscaped and irrigated
whenever possible.
C. Landscape Materials. Drought tolerant landscaping shall be utilized whenever possible to minimize
water usage. Turf may be utilized with a desert plant palette for variety, however; six inch concrete
mow strips shall separate turf from desert landscaping in any common area.
D. Patio Area. Each recreational vehicle lot shall contain at least two hundred square feet of outdoor patio
area. (Ord. 560 § 16,2002; Ord. 187 § 11, 1987; Ord. 80 Art. V(N)(13), 1984)
9.84.140 Common recreation area.
Common recreation area shall be required for all recreational vehicle parks. The recreation area may
contain social halls, swimming pools, game courts, open areas, and/or other similar recreational facilities or
uses. Open areas may be either designed for active or passive recreation, provided that the slope of the land
does not exceed a gradient of ten percent. Grades above ten percent shall be common area, but not counted
as recreation area. The minimum amounts of common recreation area shall be provided as follows:
A. Rental Parks. Two hundred square feet per recreational vehicle lot.
B. Ownership/Membership Parks.Three hundred square feet per recreational vehicle lot.
C. Extended Occupancy Parks. Four hundred square feet per recreational vehicle lot. (Ord. 560 § 17, 2002;
Ord. 187 § 11, 1987; Ord. 80 Art. V(N)(14), 1984)
9.84.150 Perimeter screening.
A perimeter screen of dense living plant material that shall grow to at least six feet in height shall be
maintained around the perimeter of any recreational vehicle park and a decorative block wall of at least six
feet in height shall be provided. Such a planting screen or wall shall not exceed three feet in height for a
distance of twenty feet on either side of the principal entrance of the park for the safety of vehicles entering
and leaving the premises. Requirements of this section may by modified by the planning commission if a
project presents specific circumstances that would prohibit compliance with this regulation. (Ord. 560 § 18,
2002; Ord. 187 § 11, 1987; Ord. 80 Art.V(N)(15), 1984)
9.84.160 Lighting.
A. Lighting shall be indirect, hooded and positioned so as to reflect onto the roadway and away from the
recreational vehicle lot and adjoining property.
B. Lighting standards shall not exceed ten feet in height. The height of all light standards shall be
measured from the elevation of the adjoining pavement of the roadway. Lighting standards in
recreational areas may be higher than ten feet if specifically approved by the planning commission.
C. Exterior lighting shall be consistent with Chapter 9.89"Outdoor Lighting Standards" of this code. (Ord.
602 § 2,2005; Ord. 187 § 11, 1987; Ord. 80 Art.V(N)(16), 1984)
9.84.170 Improvement of lots and coverage.
All recreational vehicle lots shall contain paved areas for automobile parking, outdoor patio and for the
parking of the recreational vehicle or park trailer, provided that no more than seventy-five percent of each
lot is covered with hard surface material. Hard surface material shall include concrete cement,brick,pavers,
gravel, or any other material that is nonpermeable. This coverage requirement does not apply to landscape
areas and/or materials such as decomposed granite, decorative rock or loose pavers. Asphalt is not
permissible on individual lots. (Ord. 560 § 19,2002; Ord. 187 § 11, 1987; Ord. 80 Art. V(N)(17), 1984)
9.84.180 Automobile parking.
Minimum parking spaces for automobiles shall be as follows:
A. Recreational Vehicle Lot. One parking space to be provided on each recreational vehicle lot.
B. Rental Parks Visitors. One parking space for every twenty-five recreational vehicle lots.
C. Ownership/Membership Parks Visitors. One parking space for every twenty-five recreational vehicle
lots.
D. Extended Occupancy Parks Visitors. One parking space for every ten recreational vehicle lots.
E. The visitor parking spaces shall be located to provide direct access and convenient use by visitors.
F. All parking spaces shall be paved to the satisfaction of the city engineer and meet minimum dimensions
of this code. (Ord. 187 § 11, 1987; Ord. 80 Art. V(N)(18), 1984)
9.84.190 Vehicular access.
A. Entry Roads. The entry roads shall be at least one hundred feet in length from the property line and shall
have no access to recreational vehicle lots or roadways. Access from an entry road to an interior
roadway may occur after the first one hundred feet of required access road.
B. Lot Access. Each recreational vehicle lot shall front on a roadway.No recreational vehicle lot shall take
access from a public street,alley or entry road. Upon development, each recreational vehicle lot shall be
designed at an angle from the roadway in order to provide recreational vehicle parking access to the lot.
C. Roadway Width and Specifications. All roadways shall be designed and constructed in conformance
with all applicable codes and regulations, including, but not limited to, the Uniform Building Code and
the Uniform Fire Code. (Ord. 560 § 20,2002; Ord. 187 § 11, 1987; Ord. 80 Art. V(N)(19), 1984)
9.84.210 Outdoor storage.
A. No construction or flammable material shall be stored within a recreational vehicle lot,road or common
areas except in special storage areas.
B. Central/common and special storage areas shall be screened by an opaque living hedge or masonry wall
not less than five feet in height and shall be clearly designated on the approved plans. (Ord. 560 § 22,
2002; Ord. 187 § 11, 1987; Ord. 80 Art. V(N)(21), 1984)
9.84.220 Trash removal.
A trash removal plan for the recreational vehicle park shall be submitted at the time of application. This
plan must include the type of trash collection facilities; location, size, and number of trash receptacles; and
frequency of removal.Trash collection areas shall be fully screened and inaccessible to animals.
(Ord. 187 § 11, 1987; Ord. 80 Art.V(N)(22), 1984)
9.84.240 Utilities.
A. Electrical service. Only one power supply connection shall be made to a recreational vehicle. Electric
power supply equipment shall be located on the rear half of the recreational vehicle lot.
B. Water service. Each lot shall be served by a domestic water supply system.
C. Sewer service. Recreational vehicle parks shall be connected to sanitary sewer facilities. Each lot shall
be serviced by the system and shall provide a connection point to the system that is designed to prevent
spillage from contaminating the ground area.
(Ord. 560 §§ 24 and 25,2002; Ord. 187 § 11, 1987; Ord. 80 Art. V(N)(24), 1984)
9.84.250 Movement of recreational vehicles.
A. Wheels and/or similar devices shall not be removed from recreational vehicles or park trailers, nor shall
any fixture be added or barrier be placed which will prevent the recreational vehicle or park trailer from
being moved under its own power or by a passenger vehicle. However, the "tongue" of a park trailer
may be removed and fixtures may be placed around the foundation for aesthetic purposes.
B. Skirting is permitted provided it can easily be removed and there are proper openings for ventilation.
(Ord. 187 § 11, 1987; Ord. 80 Art.V(N)(25), 1984)
9.84.260 Subdivision of lots.
Subdivision to create recreational vehicle lots for sale or long-term lease is permitted within
ownership/membership or extended occupancy recreational vehicle parks subject to all applicable codes.
(Ord. 187 § 11, 1987; Ord. 80 Art.V(N)(26), 1984)
9.84.270 Recreational vehicle campgrounds.
Use regulations and development standards for recreational vehicle campgrounds shall be the same as
for recreational vehicle rental parks except for the following:
A. Park trailers are prohibited.
B. Length of occupancy in any one campsite shall not exceed ninety continuous days or one hundred
eighty days in any year, as to any individual, family or other group of persons.
C. There shall be no maximum area,number of campsites,or frontage except as specified by the permit.
D. Common recreation area not required except as specified by the permit.
E. No automobile parking required except for visitor parking as specified by the permit.
F. Campsites need not be paved.
G. Curbs are not required on roadways.
H. Utilities not required to campsites.
(Ord. 187 § 11, 1987; Ord. 80 Art.V(N)(27), 1984)
9.84.280 Existing recreational vehicle parks and campgrounds.
A. Classifications. As of October 16, 1987, the city recognizes six recreational vehicle parks and one
recreational vehicle campground as meeting the recreational vehicle park classification and/or
recreational vehicle campground as defined in this code. Since these facilities were approved prior to
later code amendments, the classifications as defined herein were not operable at time of approval.
Therefore,the following establishes the classifications for the existing parks:
1. Rental Parks.
a. De Anza Palm Springs Oasis Recreational Vehicle Resort (as part of the Mobile Home Park),36-100
Date Palm Drive,CUP 1019 (Riverside Co.).
b. Royal Palms Recreational Vehicle Park (as part of the Mobile Home Park), 34-851 Date Palm Drive,
CUP 1880E.
2. Ownership/Membership Parks.
a. Outdoor Resorts, 69-411 Ramon Road,CUP 3-017,Tract Map 19355.
b. Desert Shadows Recreational Vehicle Resort, Phase 2, 69-801 Ramon Road, CUP 3-015, Tract Map
19340.
3. Extended Occupancy Parks.
a. Desert Shadows Recreational Vehicle Resort, Phase 1, 69-801 Ramon Road, CUP 3-015,Tract Map
19340.
b. Sungate Country, 69-333 East Palm Canyon Drive, CUP 2175-E.
4. Recreational Vehicle Campgrounds.
a. Palms RV Resort, 35-091 Cathedral Canyon Drive, CUP 1073 (Riverside Co.).
B. Nonconforming. Where the use, structure, operation or any facility of the above parks and individual
lots contained therein does not conform to the regulations of this code, it shall be considered lawfully
existing nonconforming and shall be allowed to continue. However, any new use, structure or facility
must meet the requirements of this code,except where specifically stated otherwise.
C. Converting to other Classification. When an existing recreational vehicle park or recreational vehicle
campground as classified herein requests reclassification to another classification, an application for a
conditional use permit shall be made to the planning commission as provided in this code. All
requirements of the requested classification shall be met.
(Ord. 187 § 11, 1987; Ord. 80 Art.V(N)(28), 1984)
9.84.290 Existing travel trailer parks.
All other recreational vehicle parks, areas in mobile home parks designated for recreational vehicles,
trailer courts and other uses containing recreational vehicles and travel trailers are, for the purposes of this
code, considered travel trailer parks. Existing travel trailer parks shall not be expanded in area.However, the
placing of recreational vehicles and park trailers and accessory structures is permitted provided all
applicable building codes are met.
(Ord. 187 § 11, 1987; Ord. 80 Art. V(N)(29), 1984)
9.84.300 Conflicts with zone district requirements.
Where the provisions of this chapter are in conflict with any other provision of the zoning code, the
provisions of this chapter shall govern. Where the provisions of this chapter are silent on a matter, other
provisions of the zone code shall govern.
(Ord. 187 § 11, 1987; Ord. 80 Art. V(N)(30), 1984)
Chapter 9.86
PERFORMANCE STANDARDS
Sections:
9.86.010 Purpose and intent.
9.86.020 Class A.
9.86.030 Class B.
9.86.040 Class C.
9.86.010 Purpose and intent.
These performance standards shall be applied as described in this chapter to provide protection to
adjoining uses.
A. Class A performance standards are the most restrictive of the performance standards. They apply to
business park zones(CBP 1 and CBP-2).
B. Class B performance standards are intended to provide for a broad range of industrial activity while
assuring a basic level environmental protection.They apply to the light industrial zone(I-1).
C. Class C performance standards shall apply to all zones.
(Ord. 263 § 10, 1989; Ord. 80 Art. V(0)(1), 1984)
9.86.020 Class A.
It is the intent of the standards of this section to ensure a high quality working environment and
available sites for industrial and business firms whose functional and economic needs require protection
from the adverse effects of noise, odors,vibration,glare or high-intensity illumination,and other nuisances.
A. Noise.The maximum allowable exterior noise level of any use shall not exceed the levels established by
Municipal Code Chapter 11.96.
B. Vibration. All uses shall be so operated as not to generate vibration discernible without instruments by
the average person while on or beyond the lot upon which the source is located or within an adjoining
enclosed space if more than one establishment occupies a structure. Vibration caused by motor vehicles,
trains, and temporary construction or demolition work is exempted from this standard.
C. Particulate Matter and Air Contaminants. In addition to compliance with the air pollution control
authorities' standards, all uses shall be operated so as not to emit particulate matter or air contaminants
which are readily detectable without instruments by the average person while on the lot containing such
uses.
D. Odor. All uses shall be operated so as not to emit matter causing unpleasant odors which are perceptible
to the average person while within or beyond the lot containing such uses.
E. Humidity, Heat and Glare. All uses shall be operated so as not to produce humidity, heat, glare, or
high-intensity illumination which is perceptible without instruments by the average person while on or
beyond the lot containing the use.
(Ord. 791 § 1,2017; Ord. 263 § 10, 1989; Ord. 80 Art.V(0)(2), 1984)
9.86.030 Class B.
It is the intent of the standards of this section to provide for uses whose operational needs may produce
noise, vibration, particulate matter, and air contaminants, odors, or humidity, heat, and glare which cannot
be mitigated sufficiently to meet the Class A standards. The standards are so designed to protect uses on
adjoining sites from effects which could adversely affect their functional and economic viability.
A. Noise. The maximum allowable noise level of any use shall not exceed the levels established by
Municipal Code Chapter 11.96.
B. Vibration. All uses shall be so operated as not to generate vibration discernible without instruments by
the average person while on or beyond the lot upon which the source is located or within an adjoining
enclosed space if more than one establishment occupies a structure. Vibration caused by motor vehicles,
trains,and temporary construction or demolition work is exempted from this standard.
C. Particulate Matter and Air Contaminants. In addition to compliance with the air pollution control
authorities' standards, all uses shall be operated so as not to emit particulate matter or air contaminants
which are readily detectable without instruments by the average person beyond any lot line of the lot
containing such uses.
D. Odor. All uses shall be operated so as not to emit matter causing unpleasant odors which are perceptible
to the average person beyond any lot line of the lot containing such uses.
E. Humidity,Heat and Glare.All uses shall be operated so as not to produce humidity,heat, glare, or high-
intensity illumination which is perceptible without instruments by the average person beyond the lot
line of any lot containing such uses.
(Ord. 791 § 1,2017; Ord.263 § 10, 1989; Ord. 80 Art.V(0)(3), 1984)
9.86.040 Class C.
The economic welfare, residential attractiveness, and community character of the city are attributable to
its unique aesthetic features and setting. The city finds that proper maintenance of properties is necessary to
protect the welfare, attractiveness,and character of the community.
A standard of maintenance guards against unsafe and unhealthful conditions which can cause
neighborhood deterioration. Changes to paint colors and all other aspects of a facade must be reviewed and
approved by the planning division staff.
A. Maintenance of Buildings. Buildings, including accessory structures, trellises, awnings, and other
similar features, shall be maintained in a condition free of the following abuses including, but not
limited to: loose roofing and siding materials,unconcealed roof equipment, peeling paint or faded stain,
broken or cracked windows, any unsafe structural element or other items which would degrade the
appearance and/or safety of the structure.
B. Maintenance of Site Improvements. Site improvements shall be maintained in a condition to guarantee
safety and quality appearance and shall include, but not be limited to: parking and walking areas free of
weeds and excessive sand and dirt, visible parking lot striping, paving materials (including walkways)
which provide a smooth, unbroken surface, unbroken curbs and gutters, litter-free trash and loading
areas, walls and fences in a sturdy condition and free of graffiti or the like, fountains or other water uses
which are free of potential health dangers, lighting, signs, bicycle racks, internal traffic control items
such as speed bumps, and drainage control items which are maintained in safe repair.
C. Maintenance of Landscaping. Landscaping improvements shall be maintained in a healthy condition
and complementary to neighboring buildings and properties. Such maintenance shall include, but not be
limited to: lawns which are watered and trimmed to a uniform height(subject to state law limitations on
watering requirements), flowers and ground covers which are healthy and uniform in their appearance,
and shrubs and trees which are trimmed and pruned to retain their health and adequate clearance over
pedestrian and vehicular areas. Landscaping incorporating bare earth or gravel shall be kept free of
weed growth. Plant materials designated on a landscape plan shall be retained in their natural shape
unless otherwise denoted on the approved plan.
D. Maintenance of Irrigation Systems. Irrigation systems shall provide adequate irrigation to all plant
materials to allow normal growth, retain water within planted areas and be maintained in an operative
condition, subject to state law limitations on watering requirements.
E. Special Requirements. Any other provisions established by the planning commission to ensure proper
maintenance of properties including maintenance standards established through design review,
conditional use permit,or variance.
F. Trash Removal. All properties, including vacant properties, shall be kept free of trash, building
materials or the storage of other goods which are visible from the street or adjacent properties.
Properties shall also be kept free of excessive vegetative undergrowth.
G. Trash Containers. All uses shall provide on-site location for storage of trash pending removal by a trash
removal service. Within the trash storage area trash shall be placed in containers. At all times the trash
storage area and containers shall be maintained in a clean, sanitary and safe manner. The trash storage
area shall not be situated in any required front or street side yard setback area. The trash containers shall
be shielded from view from public streets and adjacent property by solid fencing, walls or opaque plant
material. The trash containers shall remain in the trash storage area except during the day of contracted
trash removal.
H. Occupancy. The maximum occupancy in any dwelling unit shall not exceed the following number of
adults(eighteen years or older),based on the number of bedrooms per dwelling:
Bedrooms per Dwelling Unit Maximum Occupancy by Adults
5 or more 12
4 10
3 8
2 5
1 3
0 2
(Ord. 776 § 18,2016; Ord.470 § 12, 1998; Ord. 263 § 10, 1989; Ord. 80 Art.V(0)(3), 1984)
Chapter 9.88
SCREENING OF OUTDOOR STORAGE AND TRASH ENCLOSURES
9.88.010 Purpose.
The purpose of this chapter is to provide for fences, hedges and walls in other than R-1 zones, for the
purpose of protecting persons against hazardous conditions, and safeguarding the public welfare by
preventing unsightly outdoor storage of materials, equipment and products that devalue the neighborhood
and community.
(Ord. 80 Art. V(P)(1), 1984)
9.88.020 Trash enclosure requirements.
A trash enclosure as specified herein shall be provided for all multi-family, office, institutional,
commercial and manufacturing uses in any zone, and subject to the following:
A. Exceptions. The requirement for a trash enclosure shall not apply as to uses where the need is for refuse
containers of less than three cubic yards or they are otherwise screened from public view by walls,
fences, buildings or planting. Containers of twelve cubic yards or more or compactors with bins of any
size shall also be exempt providing the same are painted to blend into the surroundings,and the location
thereof does not create a visual nuisance or traffic hazard to the public.
B. Refuse storage areas may be combined for more than one use, provided the capacity is adequate for all
users.
C. Construction Standards. Trash enclosures shall be of adequate size to contain and obscure from view
refuse containers, discarded boxes and other materials required to be screened by this division.
Minimum construction standards shall be determined by design review and sound construction
methods; provided that the enclosure shall be of adequate size, and shall be properly located for
functional use by the user and the disposal company, and the contents shall be obscured from view on
all sides and such enclosure shall be built of approved materials compatible with buildings, walls, and
surroundings(no wood or chain link except for gates,and no planting).
(Ord. 80 Art. V(P)(2), 1984)
9.88.030 Screening of outdoor storage and uses.
A. A fence or wall shall be constructed along the perimeter of all areas considered by the architectural
review committee and/or planning commission to be dangerous to health or safety.
B. Residential Uses.Where side or rear yards or residential uses abut streets, commercially zoned property,
institutional uses or undeveloped property, the need for fences, hedges or walls shall be a part of the
subdivision and/or design review proceedings, and may be required for the health and safety of
occupants of the property involved or the general public. Mobile home parks shall be screened Screen
walls shall separate apartment projects from single-family zoned property.
C. Where otherwise permissible in commercial and manufacturing zones, outdoor display shall be
maintained in a clean and orderly manner so as not to be detrimental to adjoining properties or to
become a visual nuisance to the general public.
D. Outdoor storage in commercial zones shall be restricted to areas allowed by design review as
compatible with adjoining properties and with view-obscuring walls or fences compatible with good
design;providing,that such storage does not violate regulations relating to dangerous materials.
(Ord. 80 Art. V(P)(3), 1984)
9.88.040 Adequacy of screening.
Adequacy of screening shall be subject to architectural and site plan review (design review)per Chapter
9.78.
(Ord. 80 Art. V(P)(4), 1984)
9.88.050 Nonconforming properties.
Properties which do not conform to the provisions of this chapter shall be required to comply within the
following periods of time:
A. For trash enclosures: Persons to whom written notification has been provided of the provisions of this
chapter related to trash enclosure requirements shall be provided thirty days from the issuance of said
notice in which to submit plans to the city for a building permit to construct a conforming trash
enclosure. Construction of a conforming trash enclosure shall be completed within thirty days of the
date of issuance of said building permit. If the property cannot accommodate a conforming trash
enclosure,an equivalent improvement shall be provided as determined by the city planner.
B. For outdoor storage areas: one year from the date of official notification of a violation, all uses that
come under this regulation shall comply, except:
1. When a complete change of occupancy or use of a building occurs, the required screening must be
constructed as a condition of issuance of a certificate of occupancy; and
2. All new buildings shall comply as a condition of occupancy; and
3. When a building permit is issued for remodeling or additions with a valuation of three thousand dollars
or more,the required screening may be a part of the required improvements.
(Ord. 555 § 4,2002; Ord. 80 Art. V(P)(5), 1984)
9.88.060 Variances.
Properties which are unable to comply with the provisions of this chapter shall be required to apply for
a variance under the provisions of Chapter 9.76. (Ord. 80 Art. V(P)(6), 1984)
Chapter 9.89
OUTDOOR LIGHTING STANDARDS
Sections:
9.89.010 Intent and purpose.
9.89.020 Applicability.
9.89.030 Alternative materials and methods of installation.
9.89.040 Definitions.
9.89.050 General requirements.
9.89.060 Prohibited lighting.
9.89.070 Procedures for compliance.
9.89.080 Exemptions.
9.89.090 Special temporary exemptions.
9.89.100 Display lighting use.
9.89.110 Off-street parking lighting standards.
9.89.120 Public nuisance.
9.89.130 Infraction violation.
9.89.140 Civil fines.
9.89.150 Administrative citation.
9.89.160 Administrative fine.
9.89.170 Modification,suspension and/or revocation of validly issued city permit and/or city
license.
9.89.180 Additional penalties.
9.89.010 Intent and purpose.
This chapter is intended to provide standards for outdoor lighting so as to maintain ambient lighting
levels as low as possible in order to enhance the city's community character and charm and maintain dark
skies; provide for good visibility while maintaining minimum glare and spillage onto other properties or into
the sky; and maintain safety, utility, security and productivity while enhancing nighttime enjoyment of
property and the night skies. (Ord. 602 § 1,2005)
9.89.020 Applicability.
All outdoor artificial lighting devices shall be installed and operated in accordance with the provisions
of this chapter, and any Uniform Building Code, Uniform Electrical Code, NEC codes, NFPA codes or any
other code presently or subsequently administered or adopted by the city. (Ord. 602 § 1, 2005)
9.89.030 Alternative materials and methods of installation.
The provisions of this chapter are not intended to prevent the use of any material or method of
installation not specifically prescribed by this chapter provided any such alternative has been approved by
the city planner.Any alternative method must meet the following criteria:
A. The proposed design, material or method must provide protection that is equivalent to the protection
specified in this chapter; and
B. The proposed alternative method must otherwise comply with the intent of this chapter. (Ord. 602 § 1,
2005)
9.89.040 Definitions.
For the purposes of this section,certain terms are defined as follows:
"Display lighting"means a beam of light projected into the sky.
"Individual" means any private individual, tenant, lessee, owner, or any commercial entity including,
but not limited to, companies,partnerships,joint ventures or corporations.
"Installed" means the initial installation of outdoor light fixtures, as defined in this section, following
the effective date of this chapter.
"Outdoor lighting fixture" means outdoor artificial illuminating devices, outdoor fixtures, lamps and
other devices, permanent or portable, used for illumination or advertisement. Such devices shall include,but
are not limited to, search, spot and flood lights for:
1. Buildings and structures;
2. Recreational areas;
3. Parking lot lighting;
4. Landscape lighting;
5. Billboards and signs;
6. Street lighting;
7. General area and yard lighting. (Ord. 602 § 1,2005)
9.89.050 General requirements.
A. Shielding. All exterior illuminating devices, except those exempt from this chapter and those regulated
by Section 9.89.060, shall be fully or partially shielded as required in Table A of this section.
1. "Fully shielded" means the fixture shall be shielded in such a manner that light rays emitted by the
fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal
plane running through the lowest point on the fixture where light is emitted, thus preventing the
emission of light above the horizontal.
2. "Partially shielded" means the fixture shall be shielded in such a manner that the bottom edge of the
shield is below the plane centerline of the light source (lamp), minimizing the emission of light rays
above the horizontal.
B. Filtration. Those outdoor light fixtures requiring a filter per Table A, shall be equipped with a filter
consisting of,but not including Quartz glass,a glass, acrylic or translucent enclosure.
C. Requirements for Shielding and Filtering. The requirements for shielding and filtering light emission
from outdoor light fixtures shall be as set forth in Table A.
Table A
Requirements for Shielding and Filtering of Outdoor Lighting
Fixture Lamp Type Shielding Requirement Filtering Requirement
Low pressure sodium Raft-441y Fully Nene-Yes 4
High pressure sodium Fully None
Metal halide 2 Fully Yes
Fluorescent Fully 3 Yes 4
Quartz 5 Fully None
Incandescent, greater than 160 watts Fully None
Incandescent, 160 watts or less Partially Nene Partially Nene
Mercury vapor Fully 6 Yes
Fossil fuel None None
Glass tubes filled with neon, None None
argon or krypton
Other sources As required by the city planner As required by the city planner
I. This is the preferred light source to minimize undesirable light into the night sky affecting astronomical observations.
2. Metal halide display lighting shall not be used for security lighting after eleven p.m.(or after closing hours if before eleven p.m.)unless fully shielded.
Metal halide lamps shall be in enclosed luminaries.
3. Outdoor advertising signs of the type constructed of translucent materials and wholly illuminated from within do not require shielding.
4. Warm white and natural lamps are preferred to minimize detrimental effects.
5. For the purposes of this section,quartz lamps shall not be considered an incandescent light source.
6. Recommended for existing mercury vapor fixtures.The installation of new mercury fixtures is prohibited.
(Ord. 602 § 1, 2005)
9.89.060 Prohibited lighting.
A. Outdoor Building/Landscaping Illumination. The unshielded outdoor illumination of any building,
landscaping, signing, or other purpose is prohibited except • • . •- -•
, . •.. . glass tubes (see Table A).
B. New Mercury Vapor Installations. The installation of mercury vapor fixtures is prohibited. All existing
mercury vapor lights installed shall be fully shielded.
C. Illuminated Awnings. The use of lighting inside a transparent or translucent ground or wall mounted
awning is prohibited. (Ord.602 § 1, 2005)
9.89.070 Procedures for compliance.
A. Applications.
1. Any individual intending to install outdoor lighting fixtures (other than incandescent lights of one
hundred sixty watts or less) shall submit an application to the city planner providing evidence that the
proposed work will comply with this chapter.
2. Any individual applying for a building permit and intending to install outdoor lighting fixtures (other
than incandescent lights of one hundred sixty watts or less) shall, as a part of the application, submit
such evidence as may be requested to assure that the proposed work complies with this chapter.
3. Utility companies, lighting or improvement districts entering into a duly approved contract with the city
in which they agree to comply with the provisions of this chapter shall be exempt from applying for and
obtaining a permit for the installation of outdoor light fixtures,including residential security lighting.
B. Contents of Application. The application shall contain, but shall not necessarily be limited to, the
following:
1. Plans indicating the location on the premises, the height of the supports and fixtures, and the type of
illuminating devices, fixtures, lamps, supports and other devices.
2. Description of the illuminating devices, fixtures, lamps, supports, shielding, filtering and other devices.
This description may include but is not limited to, wattage, lighting output, manufacturer's catalog cuts
and drawings(including sections where required).
3. The above required plans and descriptions shall be sufficiently complete to enable the city planner to
readily determine whether compliance with the requirements of this chapter will be secured. If such
plans and descriptions cannot enable this ready determination, by reason of the nature or configuration
of the devices, fixtures or lamps proposed, the applicant shall submit evidence of compliance by
certified test reports as performed by a recognized testing lab.
C. Issuance of a Permit. Upon the determination that the installation will be in compliance with the
requirements of this chapter, the city planner shall issue a permit for installation of the outdoor lighting
fixtures,to be installed per the approved application.
D. Amendment to Permit. Should the applicant desire to substitute outdoor light fixtures or lamps after a
permit has been issued, the applicant must submit all changes to the city planner for approval. Such
application for amendment shall contain adequate information to assure compliance with this chapter.
(Ord. 602 § 1, 2005)
9.89.080 Exemptions.
A. Nonconforming Fixtures. All outdoor light fixtures existing and fully and legally installed, prior to the
effective date of this chapter, may indefmitely remain in use as nonconforming structures provided that
no change in use, replacement, structural alteration, or restoration of outdoor light fixtures, other than
bulb replacement, is made unless such change conforms to the regulations of this chapter.
B. Fossil Fuel Light. Light fixtures using fossil fuel (i.e., light produced directly or indirectly from the
combustion of natural gas or other utility type fossil fuel) are exempt from the requirements of this
chapter.
C. Government Facilities. Those facilities and lands owned and operated or protected by the federal
government, the state of California, the county of Riverside, the Palm Springs Unified School District
or the city and each of its political subdivisions are exempted from all requirements of this chapter.
Voluntary compliance with the intent of this chapter at those facilities is encouraged.
D. Recreational Facilities. The illumination of outdoor recreational facilities, public and private, is exempt
from the requirements of this section with the following limitations:
1. The light fixtures for outdoor recreational facilities shall meet the shielding requirements in Table A of
this chapter.
2. No such outdoor recreational facility shall be illuminated by nonconforming means after ten p.m. except
to conclude a specific recreation or sporting event or any other activity conducted at a ballpark, outdoor
amphitheater, arena or similar facility in progress prior to ten p.m.
E. Vehicle dealerships meeting one of the following conditions:
1. Any dealership located within the Auto Center Specific Plan(Specific Plan 90-53).
2. Existing and future automobile dealerships, selling new vehicles, with frontage on East Palm Canyon
Drive.
However, new dealerships and new outdoor lighting fixtures installed within existing dealerships shall
comply with the shielding and filtering requirements set forth in subsection C of Section 9.89.050 of this
chapter. In addition, all dealerships shall conform to Section 9.89.100 (Display Lighting Uses) of this
chapter. (Ord. 602 § 1, 2005)
9.89.090 Special temporary exemptions.
A. Request for Special Temporary Exemptions. Any individual may submit an application for a special
temporary exemption to the requirements of this chapter to the city planner. Such exemptions shall not
be valid for more than thirty days. The request for a special temporary exemption shall contain, at a
minimum,the following information:
1. Specific exemptions and justification for the exemptions requested;
2. Type,use and hours of operation of the exterior light involved;
3. Duration of time for the requested exemption;
4. Type of lamp and calculated lumens;
5. Total wattage of the lamp or lamps;
6. Proposed location and height of exterior lights;
7. Physical size of the exterior lights and the type of shielding and/or filtering provided; and
8. Previous temporary exemptions, if any.
B. Findings.The city planner may grant a special temporary exemption upon finding that there are extreme
geographic or geometric conditions warranting the exemption and that there are no conforming fixtures
that will otherwise suffice.The city planner may request any additional information which would enable
him to make a reasonable evaluation of the request for a special temporary exemption. (Ord. 602 § 1,
2005)
9.89.100 Display lighting use.
Searchlights and laser lights may be permitted subject to the following requirements:
A. The application for a special use permit must be received thirty days prior to the commencement of the
event.
B. Hours of operation shall be limited from dusk to ten p.m.
C. Use of the display light(s) is limited to a maximum period of ten days per calendar year.
D. Approval of the Federal Aviation Agency, if required, shall be obtained prior to each event and
notification of permit issuance shall be sent to appropriate authorities at the Palm Springs Municipal
Airport.
E. No other permits have been issued for the same period.
F. Searchlights shall be operated so as to avoid directing the beam at any building.
G. Searchlights shall be so operated that the beam is not displayed at an angle greater than forty-five
degrees from the vertical.
H. Equipment shall be kept on private property and shall not be allowed within the public right-of-way.
I. The applicant shall be required to show evidence of insurability by having liability and property damage
insurance in force at all times during the time a permit is in effect sufficient amounts to protect
permittee from a liability, and to hold the city harmless from any damages, claims or causes of action by
reason of the issuance of the permit and operation of a special advertising device. (Ord. 602 § 1,2005)
9.89.110 Off-street parking lighting standards.
Parking areas shall have lighting capable of providing adequate illumination for security and safety
consistent with all outdoor lighting standards of the city, including, without limitation,those set forth in this
chapter. The minimum requirement for adequate illumination is one foot candle, maintained across the
surface of the parking area. Lighting shall be in scale with the height and use of the surrounding structures.
Light poles and other similar free standing structures used to house outdoor lighting in off-street parking
facilities shall not exceed eighteen feet in height. Any illumination, including security lighting, shall be
directed away from adjoining properties and public rights-of-way. (Ord. 602 § 1,2005)
9.89.120 Public nuisance.
A violation of Section 9.89.050, 9.89.060, 9.89.070 D or 9.89.110 of this chapter by any person
responsible for committing, causing or maintaining such violations shall constitute a public nuisance which
shall be subject to the provisions of Chapter 13.80. (Ord. 602 § 1,2005)
9.89.130 Infraction violation.
A violation of Section 9.89.050, 9.89.060, 9.89.070 D or 9.89.110 of this chapter by any person
responsible for committing, causing or maintaining such violations shall constitute an infraction violation
and the violator shall be subject to the provisions set forth in Chapter 13.65, including,but not limited to,the
imposition of any and all criminal penalties set forth herein. (Ord. 602 § 1,2005)
9.89.140 Civil fines.
Any person convicted of an infraction shall, for each separate violation of this chapter,be subject to: (a)
a fine in an amount not to exceed two hundred fifty dollars for a first conviction of an offense; (b) a fine in
an amount not to exceed five hundred dollars for a second conviction of the same offense within a twelve-
month period of the date of the first offense; and (c) a fine in an amount not to exceed seven hundred fifty
dollars for the third conviction of the same offense within a twelve-month period of the date of the first
offense. The fine for a fourth and subsequent conviction of the same offense within a twelve-month period
of the date of the first offense shall be one thousand dollars. (Ord. 602 § 1,2005)
9.89.150 Administrative citation.
In lieu of issuing an infraction citation, the city may issue an administrative citation, pursuant to
Chapter 13.59, to any person responsible for committing, causing or maintaining a violation of Section
9.89.050, 9.89.060, 9.89.070 D or 9.89.110 of this chapter. Nothing in this section shall preclude the city
from also issuing an infraction citation upon the occurrence of the same offense on a separate day. (Ord. 602
§ 1,2005)
9.89.160 Administrative fine.
Any person issued an administrative citation for violating Section 9.89.050, 9.89.060, 9.89.070 D or
9.89.110 of this chapter shall for each separate violation be subject to: (a) an administrative fine in an
amount not to exceed one hundred dollars for the first citation; (b)an administrative fine in an amount not to
exceed two hundred fifty dollars for a second citation issued for the same offense within a twelve-month
period of the date of the first offense; and (c) a fine in an amount not to exceed five hundred dollars for a
third and any subsequent citation issued for the same offense within a twelve-month period of the date of the
first offense. (Ord. 602 § 1,2005)
9.89.170 Modification,suspension and/or revocation of validly issued city permit and/or city
license.
A violation of Section 9.89.050, 9.89.060, 9.89.070 D or 9.89.110 of this chapter by the holder of any
city permit and/or city license validly issued pursuant to this or any other chapter shall constitute grounds for
modification, suspension and/or revocation of said permit and/or license pursuant to the provisions set forth
in Chapter 13.150. (Ord. 602 § 1,2005)
9.89.180 Additional penalties.
Nothing in this chapter shall preclude the city from pursuing the remedies provided by Chapter 13.140,
including but not limited to, as applicable, denial or revocation of certificates of occupancy, issuance of stop
work orders and injunctive relief. (Ord. 602 § 1,2005)
Chapter 9.90
CONDOMINIUM CONVERSIONS
Section:
9.90.010 Compliance required.
9.90.010 Compliance required.
A subdivision involving prospective conversion of one or more existing structures into condominiums
(including a community apartment project or stock cooperative, as referred to in Government Code Section
66424) shall be approved only if the proposed condominium use of the property will be in conformity with
the general plan, and each such structure if newly constructed as of the date of map approval could be
lawfully so constructed per the applicable zoning regulations, building codes, and fire safety codes. In order
to assure compliance with these regulations and to enable the attaching of conditions to ensure project
compatibility with neighboring and surrounding uses, a conditional use permit shall be required in
accordance with Chapter 9.90 for any such condominium conversion project.
(Ord. 80 Art. V(Q), 1984)
Chapter 9.92
TIME-SHARE USE OR OCCUPANCY OF LAND
Sections:
9.92.010 Definition.
9.92.020 Zones in which permitted—Conditional use permit required.
9.92.030 Application for time-share project approval.
9.92.040 Transient occupancy tax applicable.
9.92.050 Time-share conditional use permit.
9.92.010 Definition.
For the purposes of this chapter, a time-share project is one in which time-share rights or entitlements to
use or occupy any real property or portion thereof has been divided as defined in Section 3.24.020 of this
code, into twelve or more time periods of such rights or entitlements.
(Ord. 80 Art. V(S)(l), 1984)
9.92.020 Zones in which permitted—Conditional use permit required.
A time-share project shall be permissible only in such zones and at the locations therein where a hotel
use would be permitted pursuant to this title, and in accordance with this chapter.No time-share project shall
be allowed in any case wherein condominium by-laws, or covenants, conditions and restrictions expressly
prohibit time-share uses. A conditional use permit shall be required in accordance with Chapter 9.92 for any
time-share project.
(Ord. 80 Art. V(S)(2), 1984)
9.92.030 Application for time-share project approval.
An applicant for approval of a proposed time-share project shall submit a completed application on a
form as prescribed by the city planner, in addition to any other application information or forms that may be
necessary in the particular case.
(Ord. 554 § 1, 2001; Ord. 80 Art. V(S)(3), 1984)
9.92.040 Transient occupancy tax applicable.
All time-share projects shall be subject to the provisions of the city's transient occupancy tax ordinance.
(Ord. 80 Art.V(S)(4), 1984)
9.92.050 Time-share conditional use permit.
In addition to other considerations of a conditional use permit for a time-share project, the following
shall apply:
A. In the event an existing condominium project is proposed to be converted to a whole or partial time-
share project, a verified description or statement of the number and percentage of the current
condominium owners desiring or consenting to the proposed conversion of some or all of the units to a
time-share basis shall be submitted. Also in such instance,there shall be submitted, a verified statement
of the number and percentage of owners who have received notification, either personally (proof by
signature of the recipient or witness) or by receipted certified U.S. Mail, that application to so convert
the project would be submitted to the commission.
B. The commission may approve or deny an application for conditional use permit for a time-share project,
in accordance with the general provisions regarding findings and conditions in Chapter 9.92. No
application shall be approved unless, among other considerations, it appears that more than fifty percent
of the owners of condominium units (not including those owned by the applicant and/or the developer
or any person or entity affiliated therewith) have received notification, either personally or by receipted
certified U.S. Mail as referred to in subsection A of this section. The commission may impose such
conditions as it determines are necessary to protect the public safety, health, peace and welfare. Each
use permit shall be issued with a condition attached that no time-share rights or entitlements shall be
sold or offered for sale unless, at such time, there then exists a valid final subdivision public report for
the sale of such time-share rights or entitlements, issued by the Department of Real Estate of the State
of California. In determining whether, and under what conditions to issue any such conditional use
permit,the commission,among other things,may consider:
1. The impact of the time-sharing project on transient or permanent rental stock;
2. The impact of time-sharing on present and future city services;
3. Nonconformity with current zoning regulations and the general plan, and reasonable conditions to
eliminate same;
4. Nonconformity with existing uniform building and fire codes and reasonable conditions to eliminate
same;
5. The sign program proposed for the project;
6. The landscaping proposed for the project;
7. Traffic circulation and parking;
8. The applicant's description of the methods proposed to be employed to guarantee the future adequacy,
stability and continuity of a satisfactory level of management and maintenance of the time-share
project;
9. The desirability of requiring an office of the managing agent or agency be located locally or on-site, as
appropriate;
10. Any other factors deemed relevant and any other information which the commission or the applicant
considers necessary or desirable to an appropriate and proper consideration of the application.
(Ord. 80 Art. V(S)(5), 1984)
Chapter 9.94
PLANNED UNIT DEVELOPMENT
Sections:
9.94.010 Intent and purpose.
9.94.020 Definition.
9.94.030 Scope.
9.94.040 Permitted uses.
9.94.050 Mixed uses.
9.94.060 Application.
9.94.070 Processing.
9.94.080 Combined proceedings.
9.94.090 Permit to show reservation for open space.
9.94.100 Design criteria.
9.94.110 Development standards.
9.94.120 Failure to utilize planned unit development permit.
9.94.130 Extension of time.
9.94.140 Amendments.
9.94.150 Final map.
9.94.160 Final planned unit development plan.
9.94.170 Maintenance.
9.94.180 Failure to maintain.
9.94.190 Appeal process.
9.94.010 Intent and purpose.
The intent and purpose of the planned unit development regulations are to:
A. Facilitate comprehensively planned development of areas in accordance with applicable general and
specific plans;
B. Encourage imaginative and innovative planning of residential neighborhoods and commercial and
industrial areas by offering a wide variety of dwelling units and building types and site arrangements
with well-integrated community facilities and services;
C. Relate the project to the surrounding area and the topography and other natural characteristics of the
site;
D. Permit greater flexibility in design than is possible through strict application of conventional zoning and
subdivision regulation;
E. Provide for conversion of existing developments to a planned unit development.
(Ord. 262 § 4, 1989; Ord. 80 Art. V(S)(1), 1984)
9.94.020 Definition.
A "planned unit development" (PUD) is a project improved in accordance with a comprehensive
development plan in which owners of separately owned lots are owners in common, possessing appurtenant
rights to the beneficial use and enjoyment of the commonly owned property, further defined as a planned
development in Subsection(k)of Section 1351 of the State Civil Code and characterized by the following:
A. The subdivision of lots for individual sale within a larger parcel that is comprehensively planned and
includes commonly owned lot(s)and common maintenance responsibilities;
B. The regulations of the zone regarding density or intensity of use in which the PUD is located are applied
to the total area of the PUD rather than separately to individual lots of building sites;
C. The right to use and enjoy any privately owned common areas and recreational facilities provided on
the site of the planned unit development shall be coupled with several interests of the owners of
separately owned lots,parcels or areas;
D. Imaginative planning and design is used to relate the development to the site and the surrounding area
by the modification of the requirements of the underlying zone to accommodate the project as approved.
(Ord. 262 § 4, 1989; Ord. 80 Art.V(S)(2), 1984)
9.94.030 Scope.
The procedures in this chapter shall be used for planned unit development projects in all zone districts.
(Ord. 262 § 4, 1989; Ord. 80 Art. V(S)(3), 1984)
9.94.040 Permitted uses.
Any permitted use, accessory use, or conditional use permitted in the underlying zone is permitted in a
PUD.
(Ord. 262 § 4, 1989; Ord. 80 Art. V(S)(4), 1984)
9.94.050 Mixed uses.
Residential dwellings may be permitted within the various commercial zones in conjunction with uses
such as retail,professional and personal services, hotels 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 fmal 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
lO 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 fmal 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 fmal 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 fmal 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 staved 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 fmds 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, fmds 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;
1. 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 x 3:03 2.87(average x 0.003 (3 acres per = Number of acres
units based on number of persons per 1,000 residents of the to be dedicated
proposed map dwelling)* subdivision)
*2044020 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 x 3.03 2.87 x 0.003 (3 Acres x Land = Total in-
dwelling units (average number per 1,000 acquisition lieu fees
based on of persons per residents of the costs per acre
proposed map dwelling)* subdivision)
*200020 U.S. Census
(Ord. 612 § 2 2006)
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 . .. - • .• -- : 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 : . - -. . - -
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
12. Confirmation that the proposed premises is not currently permitted by the state or county for the
production of non-cannabis infused food products.
M. 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.
7g. For a Cultivation Site or Manufacturing Site.
a. An environmental plan indicating how cultivation and/or manufacturing will be conducted in
- - -
'101, and sets out standard operating procedures to be followed by all individuals in case of a fire,
chemical release,chemical spill, or other emergency.
as. 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 (CO2) 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 .. -• .• - : 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
director city planner to administer this section or this chapter.
C. The -:•• •• . .. •-• - : 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 staffs 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 er located:
1. Within six hundred feet of a school, day-care center,or youth center; or
2. Within two hundred fifty feet of -. '. . :. ` ' 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
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.
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 -: . •' . .. -• .• - : city planner upon verbal request for the purposes of determining
compliance with this chapter and the cannabis business' conditional use permit.
B. The : • . .. • .• - .. 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 lo-
cated on a lot with a proposed or existing primary residence. It shall include permanent provision for living,
sleeping, eating, cooking, and sanitation on the same parcel as the one-family or multiple-family dwelling is
or will be situated. An accessory dwelling unit also includes the following:
1. An efficiency unit,as defined by Section 17958.1 of the California Health and Safety Code; and
2. A manufactured home,as defined by Section 18007 of the California Health and Safety Code.
"Accessory structure" 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 refrigera-
tion 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 re-
quirements for permitting,
"Public transit" means a location, including, but not limited to, a bus stop or train station,where the pub-
lic 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 habitabil-
ity.
"Tandem parking" means a parking design in which two or more automobiles are parked on a driveway
or in any other location on a lot, lined up behind one another.
9.114.030 Administration.
A. Accessory dwelling units shall be permitted 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 resolu-
tion of the City Council.
B. A building permit application for an accessory dwelling unit shall be acted upon by the building
official ministerially without discretionary review or a public 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 ap-
plication to create a new single-family dwelling on the lot, the building permit shall be acted upon concur-
rently with the permit application to create the new single-family dwelling.
C. The City shall not require the correction of any nonconforming zoning condition as a condition of
approval for an accessory dwelling unit. For the purposes of this provision, a nonconforming zoning condi-
tion means aphysical 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 ti-
tle.
9.114.050 Development Standards
A. General Provisions. The following provisions apply to all accessory dwelling units:
1. Zoning. The accessory dwelling unit must be proposed on a lot that is zoned to allow for one-family
or multiple-family residential uses either by right or with a conditional use permit, and includes a
proposed or existing primary dwelling. Accessory dwelling units are a residential use that is con-
sistent 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 dwell-
ings. Accessory dwelling units are not required to provide fire sprinklers unless they are required for
the primary residence.
3. Architectural review. The accessory dwelling unit shall match the design of the primary dwelling
unit, including building materials, color and roofing material.
4._ Building Height. The accessory dwelling 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 struc-
ture that is converted to an accessory dwelling unit except as required by the building code for
fire and safety purposes.
6. Lot coverage. All new accessory dwelling units shall conform to the lot coverage requirements of
the underlying zoning district in which the accessory dwelling unit is located, except where the ap-
plication of the lot coverage requirements would not permit construction of an 800 square foot ac-
cessory dwelling unit that is 16 feet in height with a minimum of four-foot side and rear yard set-
backs from the property lines.
7. _Landscape. For an accessory dwelling unit involving new construction, landscaping shall be in-
stalled that is consistent with the existing or proposed landscaping surrounding the primary resi-
dence, and such landscaping shall be consistent with the requirements of Chapter 8.57 for water ef-
ficiency.
8..__Conversion and Expansion. For accessory dwelling units that will be created within the existing or
proposed space of primary dwelling or existing, legally permitted accessory structure, no expansion
of the physical 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 eleva-
tion,not facing a public right-of-way.
10. Passageway. No passageway shall be required in conjunction with the construction of an accessory
dwelling unit. A passageway is a pathway that is 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 al-
lowed.
i. One(1)JADU.
ii. One(1)ADU.
b. Multiple-family lot.
i. The total number of accessory dwelling units that are within the portions of an existing mul-
tiple-family dwelling structure that are not used as livable space, including, but not limited
to, storage rooms, boiler rooms,passageways, attics, basements, or garages shall not exceed
25% of the existing multiple family dwelling units, provided that at least one such ADU
shall be permitted.
ii. Two detached accessory dwelling 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 resi-
dence may not exceed fifty (50) percent of the floor area of the primary dwelling or 1,000
square feet,whichever is less.
d. A covered balcony, porch or patio provided with an accessory dwelling unit shall count to-
wards the total floor area.
13. Parking.
a. One new parking space per accessory dwelling unit or per bedroom, whichever is less, shall be
required, except as provided in subparagraph(c)below. Off-street parking shall be permitted in
setback areas or through tandem 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 in-
stances:
i. The unit is within one-half mile walking distance of public transit. A map shall be provided
confirming the distance.
ii. The unit is located within an architecturally and historically significant historic district.
iii. The unit is part of the proposed or existingprimary residence or an accessory structure.
iv. When on-street parking permits are required but not offered to the occupant of the accesso-
ry dwelling unit.
v. When there is a car share vehicle located within one block of the accessory dwelling unit.
14. Septic and Sewer. All accessory dwelling units shall be connected to the public sewer system unless
an exemption is granted 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 ex-
isting accessory structure,the City may require a new or separate utility connection directly between
the accessory dwelling unit and the utility.
16. Ownership and Occupancy. An accessory dwelling unit may be rented separate from the primary
residence, but may not be sold or otherwise conveyed separate from the primary residence. An ac-
cessory dwelling unit shall not be utilized as a short-term vacation rental as defined in Chapter 5.96
of this code.
17. Certificate of Occupancy. The City shall not issue a certificate of occupancy for an accessory dwell-
ing unit before it issues a certificate of occupancy for the primary dwelling.
9.114.060 Junior Accessory Dwelling Unit(JADU)Development Standards
A. All junior accessory dwelling units must comply with 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 prece-
dence.
1. One(1)junior accessory dwelling unit may be permitted per lot zoned for one-family dwellings with
a one-family dwelling already built,or proposed to be built, on the lot.
2. A junior accessory dwelling unit shall be constructed within the walls of the proposed or existing
one-family dwelling,and is not permitted within an accessory structure.
3. A junior accessory dwelling unit shall have an independent exterior access separate from the main
entrance to the proposed or existing primary dwelling.
4. A junior accessory dwelling unit shall include an efficiency kitchen that includes cooking facilities,
a food preparation counter, and storage cabinets.
5. A lot with a junior accessory dwelling unit must be owner-occupied. The owner may live in either
the junior accessory dwelling unit or the primary dwelling. If the owner fails to comply with this
requirement,the City may require the junior accessory dwelling unit be returned to its original use.
This requirement shall not apply if the owner is a governmental agency, a land trust,or housing or-
ganization.
6. A deed restriction that runs with the land shall be recorded and a copy filed with the City that in-
cludes a prohibition on the sale of the junior accessory dwelling unit separate from the sale of the
primary residence,that this prohibition may be enforced against future purchasers, and that restricts
the size of the junior accessory dwelling unit to no more than 500 square feet.
7. Additional off-street parking is not required for a junior accessory dwelling unit.