HomeMy WebLinkAboutOrd 80 ZONING ORDINANCE 80
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0005.01
ORDINANCE NO. 80
AN ORDINANCE OF THE CITY OF CATHEDRAL CITY,
CALIFORNIA, ADOPTING A COMPREHENSIVE REVISION
OF THE TEXT OF THE CATHEDRAL CITY ZONING
ORDINANCE, INCLUDING A COMPREHENSIVELY REVISED
ZONING MAP FOR THE CITY.
4. The city council of the City of Cathedral City, California, does ordain as
follows:
SECTION 1. The City's zoning ordinance (Riverside County Ordinance No.
348 which was adopted by reference by the City Council by Ordinance No. 12, and as
subsequently amended from time to time by later ordinances) hereby is
comprehensively revised and amended, to read as follows:
ARTICLE I. PURPOSE AND INTENT
The official Cathedral City Zoning Ordinance is established to serve as an
implementation tool to further the objectives of and establish consistency
with the Land Use Element of the General Plan, 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.
ARTICLE II. APPLICATION
Division A. Scope of Regulations
The provisions of these zoning regulations shall apply to all portions within
the incorporated boundaries of the City of Cathedral City and to those
areas outside of the corporate limits but within the City's adopted sphere
of influence where the City chooses to so designate.
Division B. Official Zoning Map
The location and boundaries of the various zoning districts are such as are
shown and delineated on the Official Zoning Map of the City, which map is
on file in the office of the City Clerk and made a part of this ordinance.
Division C. Boundaries of Zoning Districts
Boundaries of the zoning districts shall be made by ordinance adopting or
amending the zoning map. It is the intent to place zoning boundaries along
property lines and/or streets, and where uncertainty exists as to the
boundaries of any zone shown upon a zoning map or any part or unit
thereof, the following rules shall apply:
(1) Where such boundaries are indicated as approximately following
street and alley lines or lot lines, such lines shall be construed to
be such boundaries.
00050.2
(2) In the case of unsubdivided property, and where a zone boundary
divides a lot, the location of such boundaries, unless the same are
indicated by dimensions, shall be determined by use of the scale
appearing on the zoning map.
(3) Where a public street or alley is officially vacated or abandoned,
the area comprising such vacated street or alley shall acquire the
classification of the property to which it reverts.
(4) 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.
Division D. Overlay Districts
In addition to the general zoning districts established by this ordinance, the
following overlay districts are established which, when combined with the
general district, establish additional special regulations which are discussed
in Article IV Division F:
(1) Overlay of "B" Bonus Density
(2) Overlay of "S" Specific Plan
(3) Overlay of "H" Hillside Review
Division E. Annexations/Pre-Zoning
Unincorporated territory or property adjacent to the City may be prezoned
for the purpose of determining a zone which will apply to such property in
the event of subsequent annexation to the City. The method of
accomplishing such prezoning shall be the same as that for changing zones
on property within the City. Such zoning shall become effective at such
time as the annexation becomes effective.
Division F. General Plan/Zoning Consistency
The zoning districts established by this ordinance are intended to
implement the land use designation of the General Plan Land Use Element
and to establish consistency between the Land Use Element and daily
zoning decisions. In order to determine this consistency relationship the
following matrix is provided.
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ARTICLE III. DEFINITIONS
Division A. Purpose and Intent
For the purposes of this ordinance, certain words and terms used herein are
herewith defined.
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
per missive.
Division B. Definitions
Section 1. Accessory Building
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.
Section 2. Accessory Use
A use customarily incidental and accessory to the principal use of a lot
or a building located upon the same lot or building site.
Section 3. Adult Entertainment Business
Businesses as defined in Article V, Division M.
Section 4. Alley
A public or private thoroughfare or way, permanently reserved and
having a width of not more than twenty (20) feet, which affords only a
secondary means of access to abutting property.
Section 5. Animal Clinic
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.
Section 6. Apartment
A room or suite of two (2) or more rooms in a multiple dwelling,
occupied or suitable for occupancy as residence for one (1) family.
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Section 7. Apartment House
A building or portion thereof designed for or occupied by two (2) or
more families living independently of each other.
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9.
Section 8. Attached Units
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Separate residential or commercial units sharing one or more common
walls but with no common interior space.
Section 9. Auction
The sale of new and used merchandise offered to bidders by an
auctioneer for money or other consideration.
Section 10. Automotive Repair Shop
A retail and service place of business engaged primarily in light repair
and sale of goods and service for automotive vehicles including brake,
muffler, and tire shops and their accessory uses. Heavier automotive
repair, including but not limited to transmission and engine repair, is
not included in this definition.
Section 11. Automobile Service Station
A lot or portion of a lot used for the servicing of motor vehicles. Such
servicing may include sale of motor fuel and oils, lubrication, car
washing (with no steam equipment), waxing and polishing, sale and
service of tires, tubes, batteries, and service of auto accessories.
Such service shall not include tire recapping, sale or rebuilding of
engines, battery manufacturing or rebuilding, body repair, painting or
upholstery.
Section 12. Automobile Storage Space
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 160 square
feet with a minimum width of eight (8) 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.
Section 13. Automobile Wrecking
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 60 days, and not including the active
noncommercial repair of one personal motor vehicle within a 120 day
period.
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Section 14. Basement
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 (5) feet.
Section 15. Bedroom
"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.
Section 16. Boarding, Rooming or Lodging House
A building where lodging and meals are provided for compensation for
six (6) but not more than fifteen (15) persons, not including rest homes.
Section 17. Building
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.
Section 18. Building Height
The vertical distance measured from the average level of the highest
and lowest points of that portion of the lot covered by the building to
the uppermost portion of the building.
Section 19. Building Site
The ground area of a building or buildings together with all open
spaces adjacent thereto, as required by this ordinance.
Section 20. Building Site Coverage
The area of the ground floor of any building as measured from the
exterior faces of all walls enclosing any area.
Section 21. Building Setback Line
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.
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Section 22. Building, Main
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.
Section 23. Business or Commerce
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.
Section 24. Carport
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.
Section 25. Church
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.
Section 26. City
The City of Cathedral City, California.
Section 27. Clinic
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.
Section 28. Club
A non-profit 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.
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Section 29. Commission
The Cathedral City Planning Commission.
Section 30. Compensation
The word "compensation" means anything of value.
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Section 31. Condominium
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 commerical 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.
Section 32. Day Care Center
The use of a site or portion of a site for organized programs devoted
to the day care of pre-elementary school age children other than those
resident on the site.
Section 33. Dog Kennels
Any lot or premises on which five (5) or more dogs over four (4)
months of age are kept or maintained for any purpose or reason.
a. Dog Kennels, Commercial. Any building, structure, enclosure, or
premises whereupon, or within which, five (5) 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.
b. Dog Kennels, Non-Commercial. Any building, structure, enclosure,
or premises whereupon or within which, five (5) or more dogs over
four (4) months of age are kept or maintained, but not primarily for
financial profit.
Section 34. Director
The Director of Community Development of the City.
Section 35. Disposal Service Operations
Areas for the storage and maintenance of vehicles and equipment used
in the collection, transportation, and removal of garbage and rubbish
not including storage or dumping of garbage or rubbish.
Section 36. Dry Cleaning Agency
A commercial use wherein the cleaning of clothes is incidental to a
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laundry or cleaning pickup establishment, a launderette, or a coin-
operated dry cleaning service, and where nonvolatile materials are
used in the process.
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Section 37. Dwelling
A building or portion thereof designed for or occupied exclusively for
residential purposes including one family and multiple dwellings but
not including hotels, auto courts, boarding or lodging houses.
i Section 38. Dwelling, Guest
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.
Section 39. Dwelling, Multiple
A building or buildings designed and used for occupancy by two or
more families, all living independently of each other and having
separate kitchen and toilet facilities for each family.
Section 40. Dwelling, One-family
A detached building designed primarily for the use of a single family,
no portion of which is rented or to be rented separately.
Section 41. Dwelling, Two-family
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.
Section 42. Dwelling Unit
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.
Section 43. Educational Institutions
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.
Section 44. Erected
The word "erected" includes built, built upon, added to, altered,
' constructed, reconstructed, moved upon, or any physical operations on
the land, required for a building.
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Section 45. Family
An individual or two (2) or more persons related by blood or marriage,
or a group of not more than five (5) persons, excluding servants, who
are not related by blood or marriage, living together as a single house-
keeping unit in a dwelling unit.
Section 46. Fast-food Restaurant
"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.
Section 47. Garage, Private
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.
Section 48. Garage, Public
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.
Section 49. General Plan
The general plan for the City, consisting of the general plan map and
report as adopted by the City Council.
Section 50. Gross Area
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.
Section 51. Guest
Any transient person who occupies a room for sleeping purposes.
Section 52. Guest House
Detached building having no kitchen facilities, which is used primarily
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for sleeping purposes for members of the family occupying the main
dwelling and their non-paying guests.
Section 53. Home Occupations
Home occupations 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.
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Section 54. Halfway House
A rehabilitation center for the treatment, counseling, rooming and
boarding of persons released from jail, prisons, hospitals and
sanitariums.
Section 55. Hospital
An institution for the diagnosis, care, and treatment of human
illnesses other than mental or alcoholic illnesses.
Section 56. Hotel
A building designed for or occupied as the more or less temporary
abiding place of individuals who are lodged with or without meals, in
which there are six (6) or more guest rooms, and in which no provision
is made for cooking in any individual room or suite; jails, hospitals,
asylums, sanitariums, orphanages, prisons, detention homes or similar
buildings where human beings are housed and detained under legal
restraint, are specifically not included.
Section 57. Hotel, Resort
A hotel, including all accessory buildings as defined in Section 56 of
this division and having a building site or hotel grounds containing not
less than fifty thousand (50,000) 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 (20) percent of the ground floor area of
such hotel building.
Section 58. Junk, Wrecking, Dismantling and Salvage Yards
The use of 200 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 200 square feet is
permitted only on the rear half of a lot or parcel.
Section 59. Kitchen
Any room in a building or dwelling unit which is used for cooking or
preparation of food.
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Section 60. Landscaping
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.
Section 61. Launderette
A business premises equipped with individual clothes washing and
1
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.
Section 62. Laundry
A building where clothing and fabrics are commercially washed, other
than a launderette. A laundry is deemed herein to be an industrial use.
Section 63. Line of Sight
A visual path emanating from an average eye level. Such level is five
feet above the ground level.
Section 64. Loading Space
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.
Section 65. Local Street
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.
Section 66. Lot
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.
Section 67. Lot, Corner
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.
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Section 68. Lot Depth
The average horizontal distance between the front and real lot lines
measured in the mean direction of the side lot lines.
Section 69. Lot, Flat
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.
Section 70. Lot, Interior
A lot other than a corner or reverse corner lot.
Section 71. Lot, Key
The first lot to the rear of a reverse corner lot and not separated by
an alley.
Section 72. Lot Line
Any line bounding a lot as defined in Section 66. "Property line"
means the same as "lot line".
Section 73. Lot Line, Front
On an interior lot, the front lot line is 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 Director shall determine which property line shall be the front lot
line for the purposes of compliance with yard and setback provisions of
this ordinance. On a private street or easement, the front lot line
shall be designed as the edge of the easement.
Section 74. Lot line, Interior
A lot line not abutting a street.
Section 75. Lot Line, Rear
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.
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Section 76. Lot Line, Side
Any lot line not a front lot line or rear lot line.
Section 77. Lot, Reverse Corner
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.
Section 78. Lot, Through 3
A lot having frontage on two dedicated parallel or approximately
parallel streets.
Section 79. Lot Width
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.
Section 80. Mobile Home Park
Mobile home park is 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.
Section 81. Model Home
A dwelling or residential building having all of the following
characteristics:
a. 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.
b. 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.
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Section 82. Motel
Referred to also as hotel, inn, motor inn, or lodge and means a building
or group of buildings containing guestrooms or dwelling units designed,
intended, or used primarily for the accommodation of transient
L automobile travelers; including but not limited to buildings or building
groups designated as auto cabins, motor courts, or motor hotels.
Section 83. Motor Vehicle
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.
Section 84. Net Area
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.
Section 85. Nonconforming Building
A building which was legal when established, but which because of the
adoption or amendment of this ordinance conflicts with the provisions
of this ordinance applicable to the district in which such building is
situated.
Section 86. Nonconforming Use
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
ordinance applicable to the district in which such use is located.
Section 87. Occupancy, Change of
The term "change of occupancy" shall mean a discontinuance of an
existing use and substitution thereof of a use of a different kind or
class.
Section 88. Occupied
o.
L The word "occupied" includes: used, arranged, converted to, rented,
leased, or intended to be occupied.
Section 89. Open Space
Any part of a lot or project, as defined in this division, unobstructed
from the ground upward.
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Section 90. Outdoor Advertising
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.
Section 91. Person
The word "person" also includes association, company, firm,
corporation, partnership, co-partnership or joint venture.
Section 92. Place of Public Assembly
Any place designed for or used for congregation or gathering of twenty
(20) 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.
Section 93. Planned Residential Development
A residential development including, but not limited to, statutory and
non-statutory 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.
Section 94. Planned Commercial Development
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 ordinance.
Section 95. Planned Industrial Development
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 ordinance.
Section 96. Parking Area, Residential
An area other than a street located on the subject lot for the parking
of vehicles owned by the residents of each lot. All residential districts
shall provide garage or carport facilities.
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Section 97. Parking Area, Public
Shall mean an open area other than a street or private parking area
used for the parking of five or more automobiles.
Section 98. Public Utilities Service Yard
An area for the storage of public utility vehicles and materials and
office facilities for the installation, maintenance and construction
personnel.
Section 99. Property Line
The same as lot line and shall mean any line bounding a lot as herein
defined.
Section 100. Recreational Vehicle Park, Rental
Any area or tract of land, within an area zoned for recreational use,
where one or more lots are rented or leased or held out for rent or
lease to owners or users of recreational vehicles or tents and which is
occupied for temporary purposes.
Section 101. Recreational Vehicle Park, Private
A private recreational vehicle park is an area or tract of land, within
an area zoned for recreational vehicle parks, which is either owned or
leased by a charitable or recreational organization, incorporated under
the laws of the State of California as a nonprofit corporation, and the
use of which is limited to members of such organization. Members
shall not be granted exclusive occupancy of any site, nor occupy any
site for more than 30 continuous days, nor more than 120 days in any
calendar year. Private recreational vehicle parks shall obtain all
construction and operating permits required for rental recreational
vehicle parks.
Section 102. Recreational Vehicle
A recreational vehicle means as that term is defined by Section
18215.5 of the California Health and Safety Code.
Section 103. Religious Institutions
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
LA
requirements effecting design and constructure.
Section 104. Rental Unit
A room and bath and kitchen as a separate unit.
17
000510
Section 105. Residence
A building used, designed or intended to be used as a home or dwelling
place for one or more families.
Section 106. Restaurant
A comprehensive term meaning an eating establishment, providing
services to a general public. Said term "restaurant" is more fully
defined in Section 28522 California Health and Safety Code. Some
types of establishments included within the term "restaurant" are
cafes, 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.
Section 107. Retail Store
A business of selling goods, wares and merchandise directly to the
ultimate consumers.
Section 108. School, Private
An institution conducting regular academic instruction at
kindergarten, elementary, secondary and college levels, operated by a
nongovernmental organization.
Section 109. School, Public
A school operated by a governmental organization.
Section 110. Service Station
The same as automobile service station.
Section 111. Setback Line, Front Yard
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.
Section 112. Setback Line, Rear Yard or Side Yard
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.
18
0
Section 113. Sign
The definition of sign is as set forth in the sign regulations (Article V,
Division C of this ordinance).
Section 114. Site Plan
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.
Section 115. Site Plan Review
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.
Section 116. Stable, Commercial
A stable for horses which are let, hired, used or boarded on a
commercial basis and for compensation.
Section 117. Story
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.
Section 118. Street
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.
Section 119. Street Line
The boundary line between a street and abutting property.
Section 120. Specific Plan, Highway
A plan adopted by the City of Cathedral City, pursuant to the
authority contained in the California Planning and Zoning Law
(Government Code, Section 65000, et. seq.) establishing specifically
planned future right-of-way lines for a highway. Upon the adoption of
a Specific Plan for a highway, all requirements of this ordinance
relating to highway right-of-way lines shall be calculated from the
n adopted planned future right-of-way line, except as shall be otherwise
specifically permitted in this ordinance.
19
000511
Section 121. Speculative Building
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.
Section 122. Structure
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.
Section 123. Structural Alteration
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.
Section 124. Structure, Temporary
A structure which is readily movable and used or intended to be used
for a period not to exceed 90 consecutive days. Such structure shall
be subject to all applicable property development standards for the
zone in which it is located.
Section 125. Structure, Accessory
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.
Section 126. Structure, Main
A structure housing a principal use of a site or functioning as the
principal use on a site.
Section 127. Swap Meets/Farmer's Markets
The use, rental, or lease of stalls or areas outside of an enclosed
building by vendors offering goods or materials for sale or exchange,
not including public fairs or art exhibits.
Section 128. Trail Bike Park
3
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.
20
_G
Section 129. Travel Trailer Park
Travel trailer park is any area or tract of land or a separate designed
section within a mobile home park where one or more lots are rented
or leased or held out for rent or lease to owners or users of
recreational vehicles used for travel or recreational purposes.
Section 130. Use
The purpose for which land or a building is arranged, designed, or
intended, or for which either is or may be occupied or maintained.
Section 131. Used
The word "used" includes occupied, arranged, designed for or intended
to be used.
Section 132. Vehicle Wrecking Yard
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 vechicles 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 30 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 facia evidence of a
vehicle wrecking yard.
Section 133. Wall or Fence
Any structure or device forming a physical barrier, which is so
constructed that fifty (50) percent or more of the vertical surface is
closed and prevents the passage of light, air, and vision through said
surface in a horizontal plane. This shall include concrete, concrete
block, wood, or other materials that are solids and are so assembled as
to form a barrier. Where a solid wall is specified, one hundred (100)
percent of the vertical surface shall be closed, except for approved
gates or other accessways. Where a masonry wall is specified, said
wall shall be concrete block, brick, stone, or other masonry material
and one hundred (100) percent of the vertical surface shall be closed,
except for approved gates or other access ways.
t i
21
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Section 134. Wall Height Measurement
The height of walls, fences, and shrubs shall be measured from the top
of existing curb grade or crown of abutting road. In the event that
practical difficulties and hardships result from the strict enforcement
of these regulations due to grade problems of the abutting street,
slope of lots or other site conditions, the applicant requesting the
building permit may appeal to the Planning Commission as provided in
3
this ordinance. All provisions of this ordinance shall apply except that
notice to adjacent property owners and public hearing requirements
provided by this ordinance shall not apply.
Section 135. Warehouse
A building or buildings used for storage of goods of any type when such
building or buildings contain more than 500 square feet of storage
space and where no retail operation is conducted.
Section 136. Yard
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.
Section 137. Yard, Front
A yard extending across the full width of the lot between the side lot
lines and between the front lot line and either the nearest line of the
main building or the nearest line of any enclosed or covered porch.
The front lot line shall be deemed to be the existing nearest right of
way line of the abutting street, road or highway, unless a different
right of way line for future use shall have been precisely fixed by law
or ordinance, or by formal action of the City Council pursuant to law
or ordinance, in which event the front lot line shall be deemed to be
such different right of way line.
Section 138. Yard, Rear
A yard extending across the full width of the lot between the side lot
lines and measured between the rear lot line and the nearest rear line
of the main building or the nearest line of any enclosed or covered
porch. Where a rear yard abuts a street it shall meet front yard
requirements of the district.
Section 139. Yard, Side
A yard extending from the front yard to the rear yard between the
side lot line and the nearest line of the main building, or of any
accessory building attached thereto.
22
k4 !)/1
Section 140. Zone
A zoning district as defined in the Planning and Zoning Law of the
State of California, and shown on the official zoning map of the City.
43 Section 141. Zone Map
The official zoning map of the City, which is a
g p ty, part of this
comprehensive zoning ordinance and which is referred to in Division B
of Article II of this ordinance.
Section 142. Zoning Ordinance or Ordinance
The "Cathedral City Zoning Ordinance" of which this section is a part.
ARTICLE IV. ZONING
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, 18 classes of zoning districts are
established by this ordinance to be known as follows:
RU - Residential Unclassified
RI-7.2,10,12 - Single Family
RR - Resort Residential
R2 - Multiple Family Residential
RM - Multiple Family Residential
R3 - Multiple Family Residential
RH - Multiple Family Residential
PPO - Planned Professional Office
PLC - Planned Limited Commercial
PCC - Planned Community Commercial
CTR - Commercial Tourist & Recreation
CBP-1 - Commercial Business Park (Limited)
CBP-2 - Commercial Business Park
I-1 - Light Industrial
U - Unclassified
OS-R - Open Space/Residential
OS - Open Space
OS-W - Open Space/Water
The list of districts shown is not cumulative in terms of permitted uses,
i.e., the uses of one district are not necessarily permitted in less
restrictive districts by right. The permitted uses in each district are
exclusive to that district unless explicitly allowed in another zoning
23
000513
district or as may be determined by the Planning Commission pursuant to
authority granted by this ordinance.
The restrictiveness of use districts shall be defined as a range from the RU
districts being most restrictive to the I-1 district being the least
restrictive. The open space and unclassified districts (OS-R, OS, OS-W and
U) shall be considered to be as restrictive as the RU district.
Division A. Residential
Section 1. RU - Residential Unclassified
a. Purpose and Intent:
To provide a very low intensity, non-urbanized area within the city
intended primarily as an interim land use designation, or holding zone
upon the initial annexation of lands into the city. Although low
intensity development may occur within this zone, it is not intended to
act as a long term development designation.
b. Permitted Uses:
o One Family dwellings;
o Public parks;
o Agricultural and horticultural uses; and
o Such other similar uses as are approved by the Planning
Commission.
c. Conditional Uses:
The following uses are permitted subject to the acquisition of a
Conditional Use Permit in accordance with Article V, Division H:
o Public utility distribution sub-stations and public service facilities;
and
o Satellite dish receiver antennas which can be seen from any other
private or public property, and which are installed at other than
ground level or are in excess of two (2) feet in diameter.
d. Development Standards
The following site development standards shall apply in the RU Zone:
3
o Minimum lot size shall be 5 acres;
o Minimum front yard shall be twenty-five feet;
o Minimum rear yard shall be twenty-five feet;
24
• 1 �►!1
4 4l .`
o Minimum side yards shall be forty feet combined, no side less than
fifteen feet;
o Building height shall not exceed 30 feet; and
o Parking requirement shall be two (2) covered spaces per dwelling
unit and provisions of Article V, Division A.
e. Other Required Conditions:
o None.
f. Prohibited Uses:
The following uses are expressly prohibited in the RU district:
o Outdoor advertising displays or billboards.
Section 2. RI - Single Family Residential (7.2, 10 ac 12)
a. Purpose and Intent:
To provide a living area within the city where development is limited
to low density concentrations of one family dwellings or regulations
and design to accomplish the following: 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 and to avoid an overload of utilities designed to
service only low density residential use.
b. Permitted Uses:
o One family dwellings;
o Private garages and accessory buildings customarily appurtenant to
the permitted uses; swimming pools used solely by persons resident
of a site and their guests provided that no swimming pool or
accessory mechanical equipment shall be located in a required
front yard or a required side yard;
o Public parks and playgrounds;
o Temporary subdivision sales offices;
o Home occupations as specified in Article V, Division G;
o Private greenhouses, flower and vegetable gardens;
o Signs subject to the provisions of the sign regulations contained in
this ordinance or in other regulations of the City or State or of the
United States;
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000514
o The keeping of household pets so long as the number thereof does
not exceed four dogs or cats or a combination thereof over four
months of age, and other customary household pets that shall not
be a public nuisance due to odors, noise or public health
considerations;
o Licensed day care centers for five or less children; and
o Such other similar uses as are approved by the Planning
Commission.
c. Conditional Uses:
The following uses are permitted subject to the acquisition of a
Conditional Use Permit in accordance with Article V, Division H;
o Planned residential developments subject to the provisions of
Article V, Division K;
o Public and quasi-public uses of an education or religious type
including public and parochial elementary schools, junior high
schools, high schools and colleges, nursery schools, licensed day
care facilities for more than five children, churches, parsonages
and other religious institutions;
o Public utility distribution sub-stations and public service facilities;
o Satellite dish receiver antennas which can be seen from any other
private or public property, and which are installed at other than
ground level or are in excess of two (2) feet in diameter;
o A guest house or servants' quarters which may not be rented or
sold;
o Licensed day care centers for more than five children; and
o Private lighted or unlighted tennis courts and such other similar
uses not to include swimming pools and spas.
d. Development Standards:
The following standards of development shall apply in the R1 Zones:
o Building height shall not exceed 30 feet; not to exceed 2 stories;
o Not more than one principal dwelling unit shall be located on each
lot;
o Front yard setbacks in subdivision developments may be reduced by
twenty-five percent provided the average of all such setbacks is
not less than the minimum for the district; and
26
x., 000
o Off-street parking spaces shall be provided and continuously
maintained (free of storage or other obstructions) in accordance
with the requirements set forth in Article V, Division A.
d.l. Development standards for lots in the R1-7.2 district; less than ten
y
thousand square feet:
o Minimum lot size shall be 7,200 net square feet;
o Minimum lot width shall be 60 feet; corner lots, 80 feet minimum;
o Minimum lot depth shall be 100 feet;
o Minimum side yards shall be 15 feet combined, one of 5 feet and
the other 10 feet, to allow vehicle access to the rear yard or
vehicle storage in the side yard;
o Minimum street side yard shall be ten feet;
o Minimum front yard shall be 20 feet measured from the existing
street line or from any future street line based on rights-of-way
shown on the Transportation Exhibits of the General Plan (Exhibits
7 and 8);
o Minimum rear yard shall be 10 feet;
o Maximum building coverage shall be forty percent; and
o Minimum setback to the front of any garage or carport shall be
twenty feet in any yard.
d.2. Development standards for lots in the R1-10 district; minimum lot size
ten thousand net square feet.
o Minimum lot depth shall be one hundred feet;
o Minimum lot width shall be ninety feet; corner lot 110 feet
minimum;
o Minimum front yard shall be thirty feet;
o Minimum rear yard shall be ten feet
o Minimum side yards shall be twenty feet combined, no side less
than eight feet, one side at least ten feet for access or storage;
o Minimum street side yard shall be fifteen feet;
o Maximum building site coverage shall be thirty percent; and
o Minimum setback to the front of any garage or carport shall be
twenty feet in any yard.
27
000515
d.3. Development standards for lots in the R1-15 district; minimum lot size
fifteen thousand net square feet:
o Minimum lot depth shall be one hundred feet;
o Minimum lot width shall be ninety feet; corner lot 110 feet
minimum;
o Minimum front yard shall be thirty feet;
o Minimum rear yard shall be ten feet;
o Minimum side yards shall be the same as R1-10 above;
o Minimum street side yard shall be fifteen feet;
o Maximum building site coverage shall be thirty percent; and
o Minimum setback to the front of any garage or carport shall be
twenty feet in any yard.
e. Other Required Conditions (all R1 districts):
o Architectural and site plan approval by the staff of the
Department of Community Development shall be required for all
principal structures including dwellings, carports, garages, screen
walls and fences visible from the street side of the property;
o Air conditioners, coolers and mechanical equipment shall be view
obscured from public rights-of-way and neighboring properties;
o Minimum house and garage size requirements by lot size are as
follows:
Lot Size House Size Garage Size
7,200 sq. ft. 950 sq. ft. - one +380 sq. ft.
& two bedrooms
1,100 sq. ft. - +380 sq. ft.
three bedrooms or more
10,000 sq. ft. 1,300 sq. ft. +400 sq. ft.
15,000 sq. ft. 1,600 sq. ft. +400 sq. ft.
3
o Landscaping including sprinkler systems for front yards shall be
required in connection with new houses and shall be thereafter
maintained in operative condition.
f. Prohibited Uses:
28
3 , r ..
The following uses are expressly prohibited in the RI district:
o Outdoor advertising displays and billboards.
Section 3. R2 - Multiple Family Residential
a. Purpose and Intent:
The purpose and intent of this district is to provide appropriately
located areas for families living in a variety of types of dwellings at a
low to medium range of population density consistent with sound
standards of public health and safety.
b. Permitted Uses:
o Single family dwellings and appurtenances;
o Combination of attached or detached dwellings including duplexes,
dwelling groups and town houses and appurtenances;
o Multi-family dwellings at densities up to 10.0 dwelling units per
gross acre;
o Temporary subdivision sales offices;
o Household pets and gardens as permitted in R1 district;
o Home occupations as specified in Section Article V, Division G;
o Public parks and recreation areas;
o Licensed day care centers for five or less children;
o Signs subject to the provisions of the sign regulations (Article V,
Division C); and
o Such other similar uses as are approved by the Planning
Commission.
c. Conditional Uses:
The following uses may be permitted subject to a Conditional Use
Permit:
o Licensed day care for more than five children in addition to the
residing family;
o Satellite dish receiver antennas which can be seen from any other
private or public property, and which are installed at other than
ground level or are in excess of two (2) feet in diameter.
29
000516
o Boarding houses and transient occupancy facilities such as
emergency housing;
o Public utility structures and public service facilities;
o Mobile home park or subdivision as permitted by Article V, Division
D;
o Churches, convents, monastaries and other religious institutions on
a minimum of two acres;
o Hospitals;
o Private schools and colleges, not including art, business or trade
schools;
o Private recreational facilities such as tennis courts and swimming
pools without incidental commercial uses; and
o Public educational institutions.
d. Development Standards:
The following standards of development shall apply in the R2 zone:
o Minimum lot area shall be eight thousand gross square feet;
o Minimum lot depth shall be one hundred feet;
o Minimum lot width shall be seventy feet;
o Minimum front yard shall be fifteen feet;
o Minimum side yard shall be fifteen feet combined, each of which
shall not be less than five feet, except a side yard providing access
to more than one unit shall be a minimum of ten feet;
o Minimum rear yard shall be fifteen feet with the following
exceptions: Exceptions to the rear yard setback may be granted
for multiple family units which have their rear yard abutting an
alley, and if the rear yard is to be used for parking;
o Minimum setback to the front of any garage or carport shall be
twenty feet in any yard;
o Maximum building coverage shall be fifty percent;
o Minimum gross lot area per dwelling unit shall be four thousand
square feet; and
o Maximum building height shall be thirty feet or two stories
whichever is less.
30
is
e. Other Required Conditions:
o Architectural and site plan approval shall be required for all
principal structures including dwellings, carports, garages, screen
walls, fences and trash enclosures visible from a public street;
o Where a multiple family site adjoins an R1 site, a screen wall not
f less than six feet in height shall be located along the property line,
except in the required front yard or on the street side of a corner
lot; and
o All multifamily developments shall have landscaping and irrigation
plans approved by city staff prior to installation.
o Minimum dwelling unit size requirements based on number of
bedrooms are as follows:
Minimum Dwelling
Bedrooms Unit Size
5 or more 1,200 sq. ft.
4 1,025 sq. ft.
3 950 sq. ft.
2 825 sq. ft.
1 700 sq. ft.
0 600 sq. ft.
o Trash enclosures shall be provided for all uses per the requirements
of Article V, Division P.
f. Prohibited Uses:
The following uses are expressly prohibited in the R2 district:
o Outdoor advertising displays or billboards.
Section 4. RM - Multiple Family Residential
a. Purpose and Intent:
The RM Multiple Family Residential district is intended to provide for
single-family dwellings, duplexes, and multiple-family residences at a
medium density not exceeding fifteen dwelling units per gross acre.
b. Permitted Uses:
o Any permitted use listed in the single-family residential district;
31
000 17
o Any permitted use listed in the low to medium density multiple
family district (R2);
o Multi-family dwellings at densities up to 15.0 dwelling units per
gross acre;
o Accessory buildings;
o Churches on a minimum of two acres.
c. Conditional Uses:
The following uses may be permitted subject to a Conditional Use
Permit:
o Any conditional uses listed in the R2 district;
o Boardinghouses or roominghouses;
o Clubs ac lodges.
d. Development Standards:
The property development standards designated for the R2 district
shall apply to all land and buildings in the RM district.
e. Other Required Conditions:
o Carports shall be required for all parking spaces other than guest
spaces;
o Architectural and site plan approval shall be required for all
principal structures including dwellings, carports, garages, screen
walls, fences and trash enclosures visible from a public street;
o Where a multiple family site adjoins an R1 site, a screen wall not
less than six feet in height shall be located along the property line,
except in the required front yard or on the street side of a corner
lot;
o All multifamily developments shall have landscaping and irrigation
plans approved by city staff prior to installation.
o Minimum dwelling unit size requirements based on number of
bedrooms are as follows:
32
Minimum Dwelling
Bedrooms Unit Size
5 or More 1,200 sq. ft.
4 4 1,025 sq. ft.
Y 3 950 sq. ft.
2 825 sq. ft.
1 700 sq. ft.
0 600 sq. ft.
o Trash enclosures shall be provided for all uses per the requirements
of Article V, Division P.
f. Prohibited Uses:
The following uses are expressly prohibited in the RM district:
o Outdoor advertising displays or billboards.
Section 5. R3 - Multiple Family Residential
a. Purpose and Intent:
This district is designed to provide medium to high density (11.0 to
20.0 dwelling units per gross acre), apartments, courts and group
housing regulated to provide common open space and recreational
areas.
b. Permitted Uses:
o Combinations of attached or detached dwellings including duplexes,
multifamily structures, dwelling groups or townhouses;
o Domestic animals and gardens as permitted in the RI district;
o Home occupations as provided in Article V, Division G;
o Multi-family dwellings to a maximum 20.0 dwelling units per gross
acre;
o Licensed day care for a maximum of five children in addition to
the residing family;
o Temporary subdivision sales offices;
33
000513
o Swimming pools used only by residents on the site and their guests
provided that no swimming pool or accessory mechanical
equipment shall be located in the required front yard or in the
required side yard;
o Signs subject to the provisions of the sign regulations (Article V,
Division C); and
o Such other similar uses as are approved by the Planning
Commission.
c. Conditional Uses:
The following uses may be permitted subject to a Conditional Use
Permit:
o Churches, convents, monastaries and other religious institutions on
a minimum of two acres;
o Private clubs;
o Satellite dish receiver antennas which can be seen from any other
private or public property, and which are installed at other than
ground level or are in excess of two (2) feet in diameter.
o Hospitals;
o Boarding houses and transient occupancy facilities such as
emergency housing;
o Hotels and motels;
o Private schools and colleges, not including art, business, or trade
schools or colleges;
o Public educational institutions; and
o Public utility structures and public service facilities;
d. Development Standards:
The following standards of development shall apply in the R3 zone:
o Minimum lot area shall be ten thousand gross square feet;
o Minimum lot depth shall be one hundred feet;
o Minimum front yard shall be fifteen feet;
o Minimum rear yard shall be fifteen feet subject to the following
exceptions:
34
til »�
Exceptions to the rear yard setback may be granted for multiple
family units which have their rear yard abutting an alley if the rear
yard is to be used for parking;
o Minimum side yard shall be twenty feet combined, each of which
L must be greater than eight feet;
o Minimum street side yard shall be ten feet;
o Minimum setback to the front of any garage or carport shall be
twenty feet in any yard;
o Maximum building coverage shall be fifty percent;
o Minimum site area shall be two thousand one hundred and seventy-
eight square feet per dwelling unit;
o Usable open space shall be provided on an average of a minimum
300 square feet of usable open space 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; and
o Maximum building height shall be thirty-five feet or three stories
whichever is less.
e. Other Special Requirements:
The following additional requirements shall be enforced in the R3
district:
o Trash enclosures shall be provided for all uses per the requirements
of Article V, Division P;
o Architectural and site plan approval shall be required for all
principal structures including dwellings, carports, garages, screen
walls, fences and trash enclosures visible from a public street or
adjacent property;
o A screening wall shall be required where a multifamily site adjoins
an R1 site. Such a fence shall be not less than six feet in height
and located along the property line except in the required front
yard or on the street side of a corner lot;
o Carports shall be provided in connection with all required parking
spaces other than guest parking;
o All multifamily developments shall have landscaping and irrigation
plans approved by city staff before installation; and
35
000519
o No multiple residential or apartment development shall be built
with less than the following building site area per unit and
minimum dwelling sizes based on number of bedrooms:
Minimum Square Footage Minimum Dwelling
Bedrooms in Building Site, per Unit Unit Size
5 or more 4,356 sq. ft. 1,200 sq. ft. 1
4 3,630 sq. ft. 1,025 sq. ft.
3 2,904 sq. ft. 950 sq. ft.
2 2,178 sq. ft. 825 sq. ft.
1 2,178 sq. ft. 700 sq. ft.
0 2,178 sq. ft. 600 sq. ft.
f. Prohibited Uses:
The following uses are expressly prohibited in the R3 district:
o Outdoor advertising displays or billboards.
Section 6. RH - Multiple Family Residential
a. Purpose and Intent:
The RH Multiple Family Residential district is intended to provide for
multiple-family residences at a high density not exceeding twenty-five
dwelling units per gross acre.
b. Permitted Uses:
o Any permitted use listed in the low to medium density multiple
family district (R2).
o Any permitted use listed in the medium to high multiple family
district (R3).
o Multi-family dwellings at densities up to 25.0 dwelling units per
gross acre;
o Accessory buildings;
o Churches on a minimum of two acres.
36
c. Conditional Uses:
The following uses may be permitted subject to a Conditional Use
Permit:
o Any conditional uses listed in the R3 district;
o Boardinghouses or roominghouses;
o Clubs & lodges.
d. Development Standards:
o The property development standards designated for the R3 district
shall apply to all land and buildings in the RH district.
e. Other Required Conditions:
o Architectural and site plan approval shall be required for all
principal structures including dwellings, carports, garages, screen
walls, fences and trash enclosures visible from a public street;
o Where a multiple family site adjoins an R1 site, a screen wall not
less than six feet in height shall be located along the property line,
except in the required front yard or on the street side of a corner
lot;
o All multifamily developments shall have landscaping and irrigation
plans approved by city staff prior to installation.
o No multiple residential or apartment development shall be built
with less than the following building site area per unit and
minimum dwelling sizes based on number of bedrooms:
Minimum Square Footage Minimum Dwelling
Bedrooms in Building Site, per Unit Unit Size
5 or more 3,630 sq. ft. 1,200 sq. ft.
4 2,904 sq. ft. 1,025 sq. ft.
3 2,178 sq. ft. 950 sq. ft.
)1' 2 1,742 sq. ft. 825 sq. ft.
ii
1 1,742 sq. ft. 700 sq. ft.
0 1,742 sq. ft. 600 sq. ft.
37
000520
o Trash enclosures shall be provided for all uses per the requirements
of Article V, Division P;
o Carports shall be provided in connectiion with all required parking
spaces other than guest parking.
f. Prohibited Uses:
The following uses are expressly prohibited in the RH district:
o Outdoor advertising displays or billboards.
Section 7. RR - Resort Residential
a. Purpose and Intent:
The purpose and intent of this district is to accommodate single and
multiple family dwelling units in a resort development setting.
Developments will in large part be composed of mixed uses with
various residential densities and product types as well as recreational
amenities and supportive or ancillary commercial uses such as hotels,
motels and restaurants;
b. Permitted Uses:
o Single family dwellings, both detached and attached up to 6.5
dwelling units per gross acre;
o Multiple family dwellings up to 6.5 dwelling units per gross acre;
o Temporary subdivision sales offices;
o Home occupations as specified in Article V, Division G;
o Public parks and recreation areas;
o Public utility structures and public service facilities;
o Commercial recreation facilities ancillary to a permitted use;
o Hotels and motels;
o Golf course facilities;
o Restaurants ancillary to a permitted use;
o Golf/tennis "pro" shops ancillary to a permitted use;
o Recreational vehicle parks;
o Signs subject to the provisions of the sign regulations (Article V,
Division C); and
38
o Such other similar uses as are approved by the Planning
Corn mission.
c. Conditional Uses:
The following uses may be permitted subject to a Conditional Use
1 Permit:
o Satellite dish receiver antennas which can be seen from any other
private or public property, and which are installed at other than
ground level or are in excess of two (2) feet in diameter.
o Mobile home park or subdivision as permitted by Article V, Division
D;
o Churches and other religious institutions; and
o Public and private schools and colleges, not including art, business
or trade schools.
d. Development Standards:
The following development standards shall apply in the RR district:
o Minimum lot area shall be 8000 gross square feet, except that
condominium lots in approved condominium subdivisions may be a
minimum of 2500 square feet;
o Minimum lot depth shall be 100 feet;
o Minimum lot width shall be 70 feet, except that condominium lots
may be a mininum of 20 feet;
o Front yards shall be an average of 18 feet with a minimum of 15
feet;
o Minimum side yard shall be 5 feet, except that condominium lots
may be a minimum of 10 feet;
o Minimum distance between buildings shall be 10 feet;
o Maximum site coverage shall be 50 percent;
o Maximum building height shall be 36 feet or 2-1/2 stories; and
1
i, o Minimum dwelling unit size requirements based on number of
bedrooms are as follows:
39
000521
Minimum Dwelling
Bedrooms Unit Size
5 or more 1,200 sq. ft.
4 1,025 sq. ft.
3
3 950 sq. ft.
2 825 sq. ft.
1 700 sq. ft.
0 600 sq. ft.
e. Other Required Conditions:
o Architectural and site plan approval shall be required for all
principal structures including dwellings, carports, garages, screen
walls, fences and trash enclosures visible from a public street;
o Where a multiple family site adjoins an RI site, a screen fence not
less than six feet in height shall be located along the property line
except in the required front yard or on the street side of a corner
lot; and
o All multifamily developments shall have landscaping and irrigation
plans approved by city staff prior to installation.
f. Prohibited Uses:
The following uses are expressly prohibited in the RR district:
o Outdoor advertising displays or billboards.
Division B. Commercial
Section 1. PPO - Planned Professional Office
a. 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 is also useful as a buffer district between
residential and commercial districts, or between highways and
adjacent residential uses.
40
)
b. Permitted Uses:
(1) The following uses shall be permitted within the PPO district; all
such uses shall be conducted wholly within a totally enclosed
building:
o Administrative, financial or professional offices, excluding
banks;
o Artist's studio;
o Art school;
o Clinic, medical or dental;
o Counseling service;
o Data processing service;
o Dental or medical assistant or technician school;
o Design studio;
o Detective service;
o Employment agency;
o Laboratory, medical or dental;
o Language school;
o Letter or mailing service;
o Library;
o Messenger service;
o Microfilm service;
o Modeling school;
o Photography service or studio;
o Secretarial or clerical service;
o Telephone answering service;
o Temporary uses subject to the conditions of Article V,
Division F; and
o Such other similar uses as are approved by the Planning
Commission.
41
000522
(2) 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 (1)
above:
o Art gallery;
o Barbershop;
o Beauty shop;
o Bookstore;
o Candy store;
o Custom tailoring shop;
o Drapery shop;
o Florist;
o Gift shop;
o Interior decorating shop;
o Magazine or tobacco counter;
o Millinery shop;
o Pharmacy;
o Restaurant, coffee shop or tearoom, excluding drive-in or
fast-food restaurants;
o Travel agency; and
o Such other similar uses as are approved by the Planning
Corn mission.
c. Conditional Uses:
The following uses are permitted subject to the acquisition of a
Conditional Use Permit in accordance with Article V, Division H and
only when conducted within a wholly enclosed building, except that a
parking lot need not be within a building:
o Church;
o Exhibit hall;
o Hospital;
42
o Museum;
o Nursing home;
o Public utility structures and public service facilities;
o Office supply store;
o 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;
o Vocational school other than those permitted in subsection b.
above; and
o Such other similar uses as are approved by the Planning
Corn mission.
d. Prohibited Uses:
The following uses are expressly prohibited in the PPO district:
o Outdoor advertising displays or billboards; and
o Manufacturing.
e. Development Standards:
The following standards of development shall apply in the PPO
district:
o Lot size and configuration standards shall be the same as those in
the R3 district;
o Maximum building height shall be the same as that allowed in the
R3 district;
o 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;
o Side yard, streetside yard and rear yard standards shall be the same
as those in the R3 district;
A
o All signs must conform to the provisions of the sign regulations;
and
o Parking requirements shall be as specified under the provisions of
Article V, Division A.
43
000523
e. Other Special Requirements:
The following additional requirements shall be enforced in the PPO
district:
o Trash enclosure provisions of the R3 district shall apply;
o 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; and
o Landscaping and irrigation plans shall be approved by city staff
prior to installation.
Section 2. PLC - Planned Limited Commercial
a. Purpose and Intent:
To provide areas for convenient shopping within residential
neighborhoods which are planned and designed to meet neighborhood
shopping needs.
b. Permitted Uses:
The following uses shall be permitted in the PLC district:
(1) Retail Stores:
o Apparel (not exceeding 2000 sq. ft.);
o Auto parts (not exceeding 2000 sq. ft.);
o Bakery;
o Book or stationery store;
o Confectionery store;
o Drug store;
o Dry goods or notions store;
o Florist or gift shop;
o Grocery, fruit or vegetable store;
o Hardware, paint or electrical appliance store;
o Jewelry store; and
44
��
n fin
.04.1V ^ ,.
o Meat market or delicatessen store.
(2) Office or Ground Space:
o Automobile parking lot; and
o Offices, business or professional not exceeding 2000 sq. ft.
4
per business or professional entity.
(3) Services:
o Bank or similar financial institution;
o Barber shop and/or beauty parlor;
o Cafe or restaurant (excluding dancing, entertainment or
alcoholic beverages);
o Clothes cleaning agency and/or pressing establishment;
o Community center;
o Dressmaker or millinery shop;
o Clinic - medical, dental, chiropractic or chiropodist;
o Laundry agency or self-serve;
o Library;
o Photographer;
o Post Office;
o Shoe store and repair;
o Tailor; and
o Such other similar uses as are approved by the Planning
Commmission.
c. Conditional Uses:
The following uses may be permitted subject to the issuance of a
Conditional Use Permit pursuant to Article V, Division H:
o Automobile service station, provided that only minor repairing,
battery charging, storage of merchandise and supplies, lubrication
and washing shall be permitted so long as conducted wholly within
a building;
o Apparel stores in excess of 2000 sq. ft.;
45
000524
o Auto parts stores in excess of 2000 sq. ft.;
o Public service facilities and public utility structures;
o Liquor stores;
o Offices of any type exceeding 2000 sq. ft.;
o Hotels and motels;
o Restaurants serving beer and wine, provided that the sale of such
beverages is incidental to the primary restaurant function, and
provided, further, that the use does not include a cocktail lounge,
bar (except for a service counter or bar without seating facilities,
from which patrons may obtain beverages for consumption at
tables), entertainment, or dancing; and
o Such other similar uses as are approved by the Planning
Commission.
d. Prohibited Uses:
The following uses are expressly prohibited in the PLC district:
o Outdoor advertising displays or billboards; and
o Manufacturing.
e. Development Standards:
The following standards shall apply to development within the PLC
district:
o All stores, shops or businesses shall be operated wholly within an
enclosed building (except automobile service and parking);
o All products produced on site, if any, whether primary or incidental
shall be sold at retail on the premises and no more than two (2)
persons shall be engaged in such production (except in cafe or
restaurant uses) or in the servicing of materials;
o 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;
3
o 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;
o Minimum lot area shall be eight thousand gross square feet; and
46
. ray:
o Maximum building height shall be thirty feet.
f. Other Required Conditions:
o Architectural and site plan approval pursuant to Article V, Division
K shall be required for all principal structures including buildings,
carports, garages, screen walls, fences and trash enclosures.
Section 3. PCC - Planned Community Commercial
a. 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.
b. Permitted Uses:
o Any permitted use listed in the PLC district;
o Auto and truck sales;
o Hotels and motels;
o Restaurants;
o Theaters;
o Animal clinics;
o Cocktail lounges and bars;
o Nurseries;
o Such other similar uses as are approved by the Planning
Commission.
c. Conditional Uses:
The following uses may be permitted subject to the issuance of a
Conditional Use Permit pursuant to Article V, Division H:
o Adult entertainment (subject to Article V, Division M);
o Public service facilities and public utility structures;
o Any use involving outdoor activity or storage except those
permitted uses listed in subsection b. above, and except automobile
parking appurtenant to other permissible uses;
o Auctions;
47
000525
o Fast-food restaurants and drive-thrus;
o Commercial recreation facilities;
o Auto service centers or repair facilities, and automobile service
stations;
o Private clubs and lodges; and
o Such other similar uses as are approved by the Planning
Commission.
•
d. Prohibited Uses:
The following uses are expressly prohibited in the PCC district:
o Outdoor advertising displays or billboards; and
o Manufacturing.
e. Development Standards:
The following standards of development shall apply in the PCC
district:
o Lot size and configuration standards shall be the same as those in
the PLC district;
o Maximum building height shall be thirty-six feet;
o All products produced on site, if any, whether primary or
incidental, shall be sold at retail on the premises and no more than
two (2) persons shall be engaged in such production (except in cafe
or restaurant uses) or in the servicing of materials;
o All signs shall conform to the standards of the sign regulations;
o 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; and
o 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.
f. Other Required Conditions:
o Architectural and site plan approval pursuant to Article V, Division
K shall be required for all principal structures including buildings,
carports, garages, screen walls, fences and trash enclosures.
48
Section 4. CTR - Commercial Tourist & Recreational Zone
a. 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. So long as a majority
of the site is not devoted to this use, limited residential use may be
accommodated.
b. Permitted Uses:
o Hotels;
o Motels;
o Banks and Savings & Loans;
o Restaurants with or without cocktail lounges, tea rooms or cafes;
excluding fast-food restaurants;
o Public parks and recreation facilities;
o Golf courses;
o Clothing stores;
o Drug stores, delicatessens, and grocery stores;
o Dry goods, notions and souvenir stores;
o Florist shops;
o Jewelry stores;
o Laundry agencies, or shops with coin-operated washers, dryers, or
dry cleaning machines;
o Sporting goods shops;
o Travel agencies;
o Professional offices;
o Pharmacies and drug stores;
o Camera shops, photographic studios; and
o Such other tourist-serving uses of a similar nature as are approved
by the Planning Commission.
49
000526
c. Conditional Uses:
The following uses are permitted subject to obtaining a Conditional
Use Permit in accordance with Article V, Division H:
o Recreational vehicle park subject to provisions of Article V,
Division N;
o Commercial recreation facilities;
o Multifamily dwelling units up to 20 dwelling units per gross acre;
o Public utility structures and public service facilities; and
o Time share residential developments.
d. Prohibited Uses:
The following uses are expressly prohibited in the CTR district:
o Outdoor advertising displays or billboards; and
o Manufacturing.
e. Development Standards.
The following standards of development shall apply in the CTR
district:
o Lot area and yard requirements shall be the same as those in the
R3 district;
o Minimum lot area shall be 10,000 square feet;
o Maximum site coverage shall be 50 percent;
o Parking requirement shall be determined on the basis of specific
uses as defined in Article V, Division A;
o Maximum building height shall be 36 feet or three stories; and
o Signs shall be subject to the provisions of Article V, Division C.
f. Other Required Conditions:
o Architectural and site plan approval pursuant to Article V, Division
K shall be required for all principal structures including buildings,
3
carports, garages, screen walls, fences and trash enclosures.
50
Section 5. CBP-1 - Commercial Business Park (Limited)
a. Purpose and Intent:
To provide a land use area which creates a transition between office,
commercial and light industrial uses. This district is intended
-` primarily for office and commercial uses with the integration of light
industrial uses which are compatible with commercial and residential
uses through performance controls.
b. Permitted Uses:
o Any permitted use listed in the PCC district;
o Wholesale or service businesses catering directly to the consumer;
o Second hand stores;
o Glass and mirror stores;
o Parcel delivery service;
o Administrative, professional, educational offices and financial
institutions;
o Outdoor advertising displays;
o Off-street parking or parking structures; and
o Such other similar uses as are approved by the Planning
Commission.
c. Conditional Uses:
The following uses may be permitted subject to the issuance of a
Conditional Use Permit pursuant to Article V, Division H:
o Auction houses;
o Any permitted use (including equipment rental yards) proposing
outside storage or outdoor activities, other than outdoor off-street
parking;
o Adult entertainment businesses (subject to provisions of Article V,
Division M);
o Public service facilities and public utility structures;
o Automated car wash;
o Cocktail lounges and bars not located within 300 feet of any
residential district;
51
000527
o Automobile service stations; and
o Such other similar uses as are approved by the Planning
Corn mission.
d. Development Standards:
The following standards of development shall apply in the CBP-1
1
district:
o Minimum lot size shall be 8000 square feet;
o Minimum lot depth shall be 100 feet;
o Minimum lot width shall be 80 feet;
o Minimum front yard shall be 15 feet;
o Minimum side yard shall be 0 feet except where abutting a
residential district the side yard shall be a minimum of 10 feet;
o Minimum side yard abutting a street shall be 10 feet;
o Minimum rear yard shall be 15 feet except where abutting a less
restrictive district wherein the rear yard may be 0 (zero) feet;
o Maximum site coverage shall be 55 percent;
o Maximum building height shall be 36 feet or 3 stories whichever is
less;
o Parking requirement shall be determined on the basis of specific
uses as prescribed in Article V, Division A; and
o Signs shall be subject to the provisions of the sign regulations
(Article V, Division C).
e. Other Required Conditions:
o Architectural and site plan approval pursuant to Article V, Division
K shall be required for all principal structures including buildings,
carports, garages, screen walls, fences, trash enclosures, and
outdoor advertising structures;
o Proposed uses abutting residential districts shall submit detailed
plans for screening and landscaping the common boundary with the
residential district;
o All development shall have landscaping and irrigation plans
approved by City staff before installation; and
52
, � V ) =.
o All uses shall be subject to the performance standards outlined in
Article V, Division O.
Section 6. CBP-2 - Commercial Business Park
t°fj
a. 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.
b. Permitted Uses:
o Any permitted use listed in the CBP-1 district;
o Light manufacturing and assembly subject to performance
standards class A as defined in Article V, Division 0;
o Outdoor advertising displays;
o Wholesale businesses, storage buildings or enterprises (unless listed
below as a conditional use); and
o Such other commercial or industrial businesses of a similar nature
as are approved by the Planning Commission.
c. Conditional Uses:
The following uses may be permitted subject to the issuance of a
Conditional Use Permit pursuant to Article V, Division H:
o Any permitted use proposing outside storage or outdoor activities
other than outdoor off-street parking;
o Mini-warehouses;
o Adult entertainment businesses (subject to conditions of Article V,
Division M);
o Public service facilities and public utility structures;
o Automated car wash;
t
o Cocktail lounges and bars not located within 300 feet of any
residential district;
o Automobile service stations; and
o Such other uses as are listed as conditional uses in the CBP-1 and
PCC districts.
53
000523
d. Development Standards:
The following standards of development shall apply in the CBP-2
district:
o Minimum lot size shall be 8000 square feet;
o Minimum lot depth shall be 100 feet;
o Minimum lot width shall be 80 feet;
o Minimum front yard shall be 15 feet;
o Minimum side yard may be 0 feet except where abutting a
residential district the side yard shall be a minimum of 10 feet;
o Minimum side yard abutting a street shall be 10 feet;
o Minimum rear yard shall be 15 feet except where abutting a less
restrictive district wherein the rear yard may be 0 (zero) feet;
o Maximum site coverage shall be 55 percent;
o Maximum building height shall be 36 feet or 3 stories whichever is
less;
o Parking requirement shall be determined on the basis of specific
uses as prescribed in Article V, Division A; and
o Signs shall be subject to the provisions of the sign regulations
(Article V, Division C).
e. Other Required Conditions:
o Architectural and site plan approval pursuant to Article V, Division
K shall be required for all principal structures including buildings,
carports, garages, screen walls, fences, trash enclosures, and
outdoor advertising structures;
o Proposed uses abutting residential districts shall submit detailed
plans for screening and landscaping the common boundary with the
residential district;
o All developments shall have landscaping and irrigation plans
approved by City staff before installation; and
o All uses shall be subject to the performance standards prescribed in
Article V, Division O.
54
• 'i 4 4 (1
• •
Division C. Industrial
Section 1. I-1 - Light Industrial
a. Purpose and Intent:
To provide a wide diversity of industrial 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.
b. Permitted Uses:
o Any permitted use listed in the CBP-1 and CBP-2 districts;
o Animal clinics;
o Automobile painting, provided that all painting, sanding and baking
shall be conducted wholly within a building;
o Bakeries;
o Body and fender works, including painting, provided that work
causing noise, and all painting, sanding and baking shall be
couducted wholly within a building;
o Bottling plants;
o Breweries;
o Draying, freighting or trucking yards or terminals;
o Electric or neon sign manufacture;
o Feed and fuel yards;
o Furniture manufacture;
o Garment manufacture;
o Ice and cold storage plants;
w
o Lumber yards;
o Machine shops;
55
000529
o Manufacture of prefabricated buildings;
o Outdoor advertising displays;
o Plastics, fabrication;
o Rubber sales, or fabrication of products made from finished rubber;
o Sheet metal shops;
o Shoe manufacturing;
o Stone monument works;
o Textile manufacture;
o Tire rebuilding, recapping and retreading;
o Truck steam cleaning equipment; and
o Wholesale businesses, warehouses, storage buildings or enterprises.
c. Conditional Uses:
The following uses may be permitted subject to the issuance of a
Conditional Use Permit pursuant to Article V, Division H:
o Fuel storage yards;
o Animal boarding kennels and dog kennels;
o Lumber yards;
o 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;
o Truck and automobile service stations;
o Retail sales and services operated on the same property and in
conjunction with uses specifically allowable in this district;
o Residential uses for caretakers;
o Public buildings;
3
o Corporation yards; and
o Public utility structures.
56
d. Development Standards:
The following standards of development shall apply in the I-1 zone:
o Minimum lot size shall be 20,000 square feet;
o Minimum lot depth shall be 100 feet;
o Minimum lot width shall be 100 feet;
o Minimum front yard shall be equal to the height of the primary
structure on the lot but in no case less than 15 feet;
o Side 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 10 feet unless otherwise specified in an
approved development plan;
o 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 20 feet unless otherwise specified in an
approved development plan;
o Maximum site coverage shall be 80 percent;
o Maximum building height shall be 36 feet or 3 stories except where
abutting a residential district in which case the maximum height
shall be that of the residential district, at all locations within 50
feet of the residential district boundary;
o Parking requirement shall be determined on the basis of specific
uses as prescribed in Article V, Division A; and
o Signs shall be subject to the provisions of the sign regulations as
prescribed in Article V, Division C.
e. Other Required Conditions:
o Architectural and site plan approval shall be required for all
principal structures including buildings, carports, garages, screen
walls, fences and trash enclosures;
o Proposed uses abutting residential districts shall submit detailed
plans for screening and landscaping the common boundary with the
residential district;
o All development shall have landscaping and irrigation plans
approved by City staff before installation; and
o All uses shall be subject to the performance standards prescribed in
Article V, Division O.
57
000530
Division D. Open Space
Section 1. OS-R - Open Space/Residential
a. Purpose and Intent:
To preserve sensitive environmental areas while allowing very low
intensity residential development at a maximum density of 1 dwelling
unit per 20 acres.
b. Permitted Uses:
o One-family dwellings;
o Parks, public and private;
o Agricultural and horticultural uses; and
o Reservoirs.
c. Conditional Uses:
The following uses may be permitted subject to the issuance of a
Conditional Use Permit pursuant to Article V, Division H:
o Recreational vehicle parks subject to provisions of Article V,
Division N;
o Public utility distribution sub-stations and public service facilities.
d. Prohibited Uses:
The following uses are expressly prohibited in the OS-R district:
o Outdoor advertising displays or billboards.
e. Development Standards:
The following site development standards shall apply in the OS-R zone:
o Minimum lot size shall be 20 acres;
o Minimum front yard shall be twenty-five feet;
o Minimum side yards shall be forty feet combined, with no side less
than fifteen feet;
3
o Building height shall not exceed 30 feet; and
o Parking requirement shall be two (2) covered spaces per dwelling
unit and subject to applicable provisions of Article V, Division A.
58
► . : r a .�
f. Other Required Conditions:
o None.
Section 2. OS - Open Space
,,i a. Purpose and Intent:
To preserve those areas which possess natural and/or aesthetic
attributes of open space and have amenity of openness as part of their
site character.
b. Permitted Uses:
o Any permitted use listed in the OS-R district excepting residential
uses.
o Cemeteries
c. Conditional Uses:
The following uses are permitted subject to the acquisition of a
Conditional Use Permit in accordance with Article V, Division H:
o Public utility distribution sub-stations and public service facilities;
and
d. Prohibited Uses:
The following uses are expressly prohibited in the OS district:
o Outdoor advertising displays or billboards.
e. Development Standards:
The following site development standards shall apply in the OS
district:
o Areas within the OS district are to be protected from extensive
building encroachment. Necessary amenities or appurtenant
structures, i.e., picnic shelters, mausoleums, or clubhouses, may be
allowed in those areas where such facilities are warranted or
necessary providing approval is granted under appropriate
provisions of the Conditional Use Permit Procedure prescribed in
'_ Article V, Division H.
f. Other Requirements:
o None.
59
000531
Section 3. OS-W - Open Space/Water
a. Purpose and Intent:
To protect those areas subject to periodic flooding from loss of life
and property.
b. Permitted Uses:
o Agricultural and horticultural uses;
o Parks, public and private; and
o Golf courses.
c. Conditional Uses:
The following uses may be permitted subject to the issuance of a
Conditional Use Permit pursuant to Article V, Division H:
o 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.
d. Prohibited Uses:
The following uses are expressly prohibited in the OS-W district:
o Outdoor advertising displays or billboards.
e. Development Standards:
The following site development standards shall apply in the OS-W
district:
o Areas within the OS district are to be protected from extensive
building encroachment. Necessary amenities or appurtenant
structures, i.e., picnic shelters, mausoleums, or clubhouses may be
allowed in those areas where such facilities are warranted or
necessary providing approval is granted under appropriate
provisions of the Conditional Use Permit procedure prescribed in
Article V, Division H.
f. Other Requirements: 3
o None.
60
. (I i% 4
t ,a ,
Division E. Unclassified
Section 1. U - Unclassified
a. Purpose and Intent:
t-:
To provide areas for civic, public and quasi-public uses within the city
which are operated as a public service.
b. Permitted Uses:
o City, County, State, or Federal facilities;
o Public parks;
o Such other similar uses as are approved by the Planning
Commission.
c. Conditional Uses:
The following uses may be permitted subject to the issuance of a
Conditional Use Permit pursuant to Article V, Division H:
o Public utility distribution sub-stations.
d. Prohibited Uses:
The following uses are expressly prohibited in the U district:
o Outdoor advertising displays or billboards.
d. Development Standards:
The following site development standards shall apply in the U district:
o Development standards shall be the same as in the CBP-1 district,
as applicable.
e. Other Required Conditions:
o Other required conditions shall be the same as in the CBP-1
district, as applicable.
Division F. Overlays
Section 1. B - Bonus Density
a. Purpose and Intent:
To supplement the underlying zoning by providing additional
regulations for development within designated areas to encourage the
consolidation of small lots of record into larger aggregations for
development by providing increased residential yields. The purpose is
61
000532
also to increase residential yields as an incentive to providing a
variety of housing types.
b. Application:
The B - Bonus Density overlay zone shall be applied in a uniform
manner to those areas so designated on the Land Use Exhibit of the
General Plan and as correspondingly indicated on the official zoning
map. When only a portion of a parcel of land lies within the
designated Bonus Density overlay, the provisions of this section shall
apply only to that portion lying within the bonus density overlay
boundaries.
c. Permitted Uses:
In the B - Bonus Density overlay zone any principal use or conditional
use permitted in the underlying zone is permitted subject to the same
conditions and restrictions applicable in such underlying zone, except
that the density permitted may be increased above the Land Use
Exhibit designation within the General Plan up to a maximum of 25
percent for high density and 50% for medium density. The following
table defines both the General Plan designations and the corresponding
density increases allowed with the Bonus Density overlay zone.
General Plan Bonus
Designation Density Bonus % Density,
Medium 4.5-10 50% Up to 15
High 11-20 25% Up to 25
d. Other Required Conditions (all Bonus Density overlay Zones):
o Architectural and site plan approval pursuant to Article V, Division
K shall be required for all developments proposed within a Bonus
Density overlay zone.
Section 2. S - Specific Plans
a. Purpose and Intent:
o 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;
3
o 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; and
62
A 1111
o 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
.;:i
L plans coordinated with the provisions of necessary public services
and facilities.
b. 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 and 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
apply to the entire parcel.
c. Permitted Uses:
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.
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 20 percent of the S - Specific Plan overlay area.
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.
d. Other Required Conditions (all Specific Plan Overlay Zones):
o 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 Article V, Division B.
Section 3. H - Hillside Review
a. Purpose and Intent:
To supplement the underlying zoning by providing additional
regulations for development within designated areas to encourage the
preservation of hillside slopes as a visual resource within the City, and
1 to encourage the clustering of development on the relatively flat
portions of parcels of land.
b. Application:
The H - Hillside Review overlay zone shall be applied in a uniform
manner to those properties located at the base of the hills in the
63
000533
southern portion of the City and as correspondingly indicated on the
official zoning map. When only a portion of a parcel of land lies
within the designated Hillside Review overlay, the provisions of this
section shall apply only to that portion lying within the Hillside
Review overlay boundaries.
c. Permitted Uses:
In the H - Hillside Review overlay zone any principal use or
conditional use permitted in the underlying zone is permitted subject
to the conditions and restrictions which are made a part of the
development approval through the Conditional Use Permit process.
d. Other Requirements:
o All development proposals shall be subject to the issuance of a
Conditional Use Permit as more specifically prescribed in Article
V, Division H;
o A topographic map of the property shall be submitted with any
development application. Said topographic map shall be at a scale
of not less than 1 inch to 200 feet. The contour interval shall not
be more than 2 feet except that the contour interval may be 5 feet
if the average slope is more than 10 percent;
o All development within a Hillside Review overlay zone 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 designated as much as possible, to use and retain
natural features and amenities to the best advantage;
o Natural slope areas in excess of 10% within the Hillside overlay
zone are to be protected from extensive building encroachment or
developmental grading. Necessary amenities or appurtenant
structures may be allowed in those areas where such facilities are
warranted or necessary providing approval is granted under
appropriate provisions of the Conditional Use Permit procedure
prescribed in Article V, Division H. No development activity shall
be allowed in slope areas exceeding 25%;
o Development of hillside areas shall be restrained by the goal of
retaining natural landforms;
o Existing landforms and unique features shall be preserved to
protect the aesthetic quality of hillside areas. Hilltops, ridgelines,
3
stream beds, rock outcroppings, and significant natural vegetation
are of particular value;
o Naturally colored materials shall be used for exterior of structures
to blend development into the natural landscape;
64
r -`l rl
o Structures shall be situated to preserve views to and from hillsides;
o Hazardous areas, easements, prominent natural areas, and other
lands inappropriate for development shall be considered as
permanent open space to be used for limited recreation and buffers
between development;
o Road alignments shall follow the contours of the hillside as much
as possible; and
o Where natural slopes exceed 10%, grading to produce building pads
generally shall be avoided. Terracing (split-level dwellings) or
platform housing (pier and beam foundations) is preferred in those
instances.
ARTICLE V. GENERAL PROVISIONS
Division A. Off-Street Parking
Section 1. 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 parking spaces for automobiles in accordance
with these requirements.
b. Parking spaces provided to meet the requirements of this division 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
E 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 this ordinance, is
nonconforming only as to off-street parking facilities may be
continued in the same manner, except as follows: when remodeling
65
000534
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 up to and including one-half shall be
disregarded, and fractions over one-half shall require one off-street
parking or off-street loading space.
Section 2. Number of Parking Spaces Required
The number of off-street parking spaces shall be no less than as set forth in
the following schedule and for the purpose of this section, "floor area" shall
mean gross floor area.
Parking Spaces
Use Required
a. Automobile and machinery One for each 450 sq. ft. of floor
sales and service garages. area.
b. Banks One for each 250 sq. ft. of floor
area.
c. Business and professional One for each 250 sq. ft. of floor
offices area or two for each one employee,
whichever is greater.
d. Bowling alleys Three for each alley.
e. Churches, theaters, clubs, One for each three and one-half
lodges, social halls, fixed seats* or one for every
assembly halls, dance fifty sq. ft. of floor area,
halls, and auditoriums. whichever is greater.
f. Day care centers and One for each staff member
similar facilities plus one for each classroom,
or one for each 500 sq. ft.
of net floor area, whichever
is greater.
g. Funeral homes, mortuaries One for each three and one-half
fixed seats* or one for each
fifty sq. ft. of floor area used
for assembly purposes, whichever
is greater.
*One seat is hereby defined as an area of 7-1/2 square feet in the main
room or place of assembly.
66
h. Furniture and appliance One for each 800 sq. ft. of floor
stores, household equip- area.
ment or furniture repair
shops
i. Hospitals One for each patient bed.
j. Hotels and motor hotels One space for each living or sleeping
unit, plus one space per 300 sq. ft.
of usable public area for common uses,
plus one space per 60 sq. ft. of public
serving area for restaurants, plus
25% of above total in addition for
employee parking.
k. Industrial uses
(1) Wholesale establish- One for each two employees, or one
ments, warehouses for each 500 sq. ft. of floor area,
and industrial uses whichever is greater.
(2) Outdoor uses One for each 2500 sq. ft. of ground
area.
1. Medical and/or dental Five spaces for each doctor or dentist,
clinics or one for each 150 sq. ft. of floor
area, whichever is greater.
m. Open air commercial uses, One for each 1000 sq. ft. of lot area
such as nurseries, used devoted to sales and display.
car lots
n. Public or private elementary Ten spaces, plus one additional space
or junior high schools for each classroom
o. Public or private high One for each ten students,
school or colleges plus one for each classroom.
p. Residential uses
(1) Single family Two per dwelling unit, both to
be in an enclosed garage.
(2) Multiple Family
0 to 1 bedroom One per dwelling unit, to be covered
or in a garage.
2 or more bedrooms 1.5 per dwelling unit, at least one
to be covered or in a garage.
q. Restaurants, cafes, cafe- One for each five seats, or
terias, bars, cocktail one for each 45 sq. ft. of
lounges, night clubs and serving area, whichever is
other similar places greater.
serving food indoors 67
000535
r. Rest or nursing homes One for each three patient beds.
s. Retail establishments and One space for each 250 sq. ft.
service businesses not of floor area up to 10,000 sq. ft.
otherwise enumerated in or 40 spaces; thereafter, one for
this section, such as each 300 sq. ft. of floor area,
drugstores, department, exclusive of area used for air
repair stores, animal conditioning or other utility
hospitals, business equipment.
schools, dance studios
t. Rooming houses, One for each sleeping room.
fraternity or sorority
houses
u. Speculative buildings One space per 300 sq. ft. of
floor area.
Section 3. Exemption of Parking Districts from Requirements
All commercial uses shall be exempt from the parking space requirements
of this division if they are located within a legally constituted parking
district established under the laws of the state of California, 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.
Section 4. 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.
Section 5. Location of parking facilities
The off-street parking facilities required for the uses mentioned in Section
2 of this division 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 division and the following
conditions:
a. That part of the substitute location is within three hundred feet of the
3
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
68
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.
Section 6. Combined or common parking areas
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, and may be satisfied by the
establishment and maintenance of common parking areas as provided in one
of the following manners:
a. By covenant or contract among all property owners, and duly recording
any appropriate covenant running with the land and improvements and
filed in the Office of the County Recorder; or
b. By creation of special parking districts or authorities as authorized by
the state law.
c. No part of an off-street parking area required for any building or use
for the purpose of complying with the provisions of this division shall
be included as part of an off-street parking area similarly required for
another building or use, unless the type of structure indicates, in the
opinion of the Commission, that the periods of usage of such
structures will not be simultaneous with each other.
Section 7. 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.
Section 8. 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:
69
000536
Angle of Stall Stall One-Way
Parking Width (W) Depth (D) Aisle (A)
(In Degrees) (In Feet) (In Feet) (In Feet)
0 10.0 24.0 12.0
30 9.0 17.5 12.0
45 9.0 20.0 12.0
1
60 9.0 21.0 15.0
90 9.0 19.0 25.0
90 10.0 19.0 23.0
90 10.6 19.0 21.0
Handicapped parking spaces shall be provided on the basis of total
parking provided on-site as follows:
No. of Handi-
No. of Spaces capped Spaces
1- 40 1
41- 80 2
81-120 3
121-160 4
161-300 5
301-400 6
401-500 7
Over 500 1 for each
additional 200
spaces provided
Handicapped spaces shall be 14 feet wide and lined to provide a 9 feet
parking area and a 5 feet loading and unloading area. Spaces shall be
grouped and located near major building entrances. Ramps shall be
provided where necessary for access.
(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.
(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. 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, except for single family residences, shall have provision for
70
ft
t., +./
forward travel to and from parking facilities when access is directly
onto a dedicated street.
c. Screening and landscaping
L 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 3 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 Article V, Division K.
Planting along the perimeter of a parking lot will not be considered as
counting towards the interior landscaping requirements.
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
fg
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.
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000537
d. Lighting
Lighting, where installed for parking area, sales and/or display area,
shall be so arranged as to reflect away from adjoining residential areas
and shall be designed not to cause a nuisance either to vehicular
traffic or to the living environment. Lighting of parking areas may be
required in the process of design review.
e. All parking areas shall be improved per City standard specifications:
(1) Concrete approaches shall be provided for ingress and egress.
All driveways for parking facilities shall be paved.
(2) 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.
(3) 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.
f. Required off-street loading space
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
g. 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.
72
Division B. Specific Plans
Section 1. General Requirements
a. A Specific Plan may be established upon application of a property
owner, and subject to the following provisions:
(1) Submission of a Specific Plan and other required documentation
for approval by the Planning Commission and City Council,
pursuant to this ordinance.
(2) Determination by the Council that the establishment of the
Specific Plan and approval of the Development Plan text shall:
(a) Provide for the development of a comprehensively-
planned urban development that is superior to
development otherwise allowable under alternate
regulations.
(b) Provide for development within the Specific Plan in a
manner consistent with the General Plan and with
related development and growth management policies of
the City.
(c) Provide for the construction, improvement, or extension
of transportation facilities, public utilities, and public
services required by development with the zone.
b. When deemed necessary for the orderly implementation of the General
Plan and when deemed to be in the public interest, the City Council
may adopt a Specific Plan by ordinance or by resolution utilizing the
following criteria:
(1) 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) 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. It shall include such
direction and provisions as are deemed necessary to
x
provide for the implementation of the General Plan.
(b) A Specific Plan adopted by resolution shall not include
regulations and requirements for implementation of the
General Plan, and any Specific Plan which contains such
implementation regulations shall not be adopted by
resolution.
73
00053"3
c. 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 regulations applicable to the subject property including all
previously adopted ordinances, standards and guidelines deemed to be
necessary for the orderly and systematic implementation of the
General Plan.
(1) Each Specific Plan ordinance shall include such standards and
3
criteria as are necessary to provide the methods and procedures
and the specific land uses and development standards necessary
for the development, maintenance and use of the subject real
property in compliance with the policies and programs of the
General Plan. Each plan shall specify clearly how and to what
extent such plan is to supplement or supersede any adopted
ordinances, regulations and standards. Where not otherwise
addressed by a Specific Plan, all currently adopted ordinances,
regulations and standards of the City of Cathedral City are
applicable.
(2) After a Specific Plan ordinance has been adopted it shall be
recorded in the Office of the County Recorder. Such plan shall
not become effective until thirty (30) days after the date of
adoption or until the date of recordation, whichever is later.
In addition, a development agreement shall also be recorded
which will outline the phasing schedule of dwelling units, of
commercial square footage, and of on-site and off-site
improvements.
(3) Adoption of an ordinance establishing a Specific Plan of Land
Use shall also include adoption of an appropriate amendment to
the Official Zoning Map of the City. The Zoning Map shall not
indicate zoning for the area within the specific plan but shall
show the letter S within a circle. Thereafter, all land use,
development and improvements shall conform to the provisions
of the adopted specific plan.
Section 2. Use Regulations
a. Allowable uses in each Specific Plan shall be as established by a
Development Plan Text approved by the City Council. The
Development Plan Text may incorporate uses by reference to specific
base zone provisions, or, in the case of Specific Plans adopted by
ordinance, may establish specific use lists with definitions pertaining
3
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.
74
,
c. Unless otherwise provided by the Development Plan Text, accessory
uses of facilities shall be subject to the same use regulation provisions
as the principal use or facility.
L d. While being directed primarily to residential areas, it is contemplated
that residentially oriented planned developments may include limited
commercial uses to include motels and hotels. Commercial or
industrial developments may be permitted under Specific Plans.
Section 3. Site Development Regulations
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. There shall be no minimum area, width, or depth requirement for
individual lots, except as established by a Development Plan and/or
Development Plan Text.
c. There shall be no minimum yard requirement for individual lots,
except as established by a Development Plan and/or a Development
Plan Text.
d. There shall be no maximum height or coverage requirement for
individual lots, except as established by a Development Plan and/or a
Development Plan Text.
e. The maximum number of dwelling units within a Specific Plan shall not
exceed the number of units indicated by the General Plan for property
within the plan designated for residential use by the General Plan,
provided that the distribution of units within the plan and the
maximum or minimum residential density on any individual site or
within designated portions of the plan shall be governed by the
Development Plan and/or Development Plan Text.
f. All public streets abutting the development 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
E 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.
g. 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
75
000539
designed insofar as possible, to use and retain natural features and
amenities to the best advantage.
h. Mechanical and electrical equipment, including air conditioners,
antennas, pumps, heating or cooling or ventilating equipment, exterior
lighting, or similar equipment shall be located and operated in a
manner so as not to unreasonably disturb the peace, quiet, and comfort
of neighboring residents. Excluding roof-mounted solar collector
panels and decorative exterior lighting, all such equipment and devices
shall be screened from view from any abutting street, and shall not be
located in a street yard.
i. All areas for storage of maintenance equipment, and all service areas
including refuse storage and collection facilities, shall be enclosed by
a fence, wall, or landscape screen.
j. All uses within a Specific Plan shall provide off-street parking and
loading facilities pursuant to the requirements set forth in this Zoning
Ordinance, or, in the case of a Specific Plan adopted by ordinance, as
established in the Development Plan Text.
k. 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.
1. 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.
Section 4. Applications for Specific Plans
a. The owner of real property, or a person authorized by the owner, shall
have the right to request that the City consider a Specific Plan of
Land Use or an amendment to an adopted Specific Plan for the real
property.
b. A proposal to adopt or amend a Specific Plan shall not be considered
at a public hearing until all procedures required by the State
Guidelines Implementing the California Environmental Quality Act to
hear a matter have been completed.
c. Prior to submitting an application for a Specific Plan, the applicant or
prospective developer shall hold preliminary consultations with the
Director of Community Development and other City officials to obtain
information and guidance before entering into binding commitments
incurring substantial expense in the preparation of plans, surveys and
other data. Such preliminary consultations should be relative to a
conceptual development plan which includes, but is not limited to, the
following:
(1) Proposed land uses to be developed within the Specific Plan area.
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(2) Development concepts to be employed.
(3) Schematic maps, illustrative materials, and narrative sufficient
to describe the general relationships between land uses, and the
intended design character and scale of principal features.
(4) A preliminary time schedule for development, including
quantitative data, such as population, housing units, land use
acreage, and other data sufficient to illustrate phasing of
development and potential impact on public service
requirements.
d. Applications shall be made to the Director of Community
Development on the forms provided by the Planning Division and shall
be accompanied by a filing fee as established by City Council
resolution. The application shall supply all required information,
which may include part or all of the following, depending on the nature
of the plan, and shall be in the form of a text and accompanying maps,
plans, and exhibits:
(1) The Development Plan to be submitted with an application for a
Specific Plan shall include the following:
(a) Maps and supporting tabulations showing the current
General Plan land use designation, the current zoning
classification, and the current land use within the
proposed zone and on adjacent sites within 300 feet. The
location of structures and other significant
improvements shall be shown.
(b) A land use plan identifying areas within the proposed
Plan and uses to be developed therein, supported by
proposed or projected acreage, population, housing units,
employment, and such related planning and development
data as the Director of Community Development may
require.
(c) A development plan indicating the general phasing or
anticipated schedule, indicating the total phasing of the
Specific Plan and areas to be developed in phases.
(d) A circulation plan, showing existing and proposed public
and private streets, pedestrianways, trails, and related
transportation access or circulation features required to
serve the proposed development. The circulation plan
shall be supported by schematic designs of principal
traffic and circulation improvements, and such traffic
engineering data as required by the director to
demonstrate that existing and proposed facilities, both
within and outside the zone, shall be adequate to serve
land uses proposed by the Specific Plan.
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(e) A preliminary report and overall plan describing
anticipated requirements and proposed means of
providing utility facilities and public services, including
but not limited to, storm drainage, sewage disposal,
water supply, parks and recreation, and school facilities.
(f) An accompanying Development Plan Text setting forth
the basic land use regulations, site development
regulations and performance standards designed to
govern each use as identified by the land use plan. The
text shall include but not be limited to, the following
provisions:
(i) A listing of allowable uses within each uses area,
including such qualifying descriptions or
definitions and requirements for Conditional Use
Permits as may be applicable.
(ii) Maximum and minimum regulations, as
appropriate governing residential density, site
coverage, lot size and dimensions, yard
requirements, usable open space, landscaping, and
performance standards.
(iii) Required yards, landscaping or other site
development regulations to be applicable adjacent
to other zones at the perimeter of the Specific
Plan.
(iv) Supplemental illustrations as required,
establishing the basic architectural character and
community environmental design qualities to be
attained throughout the Specific Plan and within
particular portions of the Plan.
(v) Such other information as may be required by the
Director of Community Development, the
Planning Commission, or the City Council to
permit complete analysis and appraisal of the
development, and to facilitate adoption of the
Specific Plan by the City Council.
(g) An aerial photo of the section or sections in which the
proposed project is located, at 1 = 100 scale, unless a
different scale is allowed by the director.
(h) A Radius Map indicating the proposal site and adjacent
properties within 500 feet and a typed property owners
list of names and addresses of all property owners within
500 feet from the exterior limits of property involved in
the application. The list shall be certified by a title
company authorized to do business in Riverside County,
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0
California. If any property is owned by the U.S.
Government in trust for the Agua Caliente Indian Tribe
or member(s) thereof, a subsequent list of the names and
addresses of individual Indian owners shall be obtained
from the Indian Bureau and signed by the Director of
Indian Affairs or his authorized representative. The
applicant shall submit three (3) sets of typed, self-
adhesive plain address labels 2-5/8" x 1" in size for all
property owners within 500 feet from the exterior limits
of the proposal site.
Section 5: Hearings on Specific Plans
a. Planning Commission Hearing
The Planning Commission shall hold a public hearing pursuant to the
provisions of the California Government Code for all proposed Specific
Plans. The Planning Commission may take action or may continue the
proposed plan to a specified date. Action by the Planning Commission
shall be to recommend to the City Council that the proposed specific
plan be approved, disapproved or conditionally approved.
b. Transmittal to City Council
The recommendations of the Planning Commission together with
additional related documents and information shall be transmitted to
the City Council. The transmittal may also include any pertinent
information with regard to the reasons for the Planning Commission
decision.
c. City Council Hearing
The City Council shall hold at least one public hearing for each
proposed Specific Plan pursuant to the provisions of the California
Government Code. The action of the City Council shall be to approve,
disapprove or conditionally approve the proposed Specific Plan and to
adopt the necessary resolution or ordinance, as appropriate.
Section 7. Amendments to Specific Plans
a. Any specific plan may be amended by the same procedure as the plan
was adopted. Any adopted specific plan may also be repealed by the
same procedure as the plan was originally adopted. Prior to the
adoption of a resolution or ordinance to repeal and discontinue a
Specific Plan, the City Council shall find that the plan is no longer
necessary for the orderly and systematic implementation of the
General Plan.
Where a Specific Plan has been adopted by ordinance, the repealing
ordinance shall include provisions for the application of appropriate
zoning to the area covered by the repealed plan.
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b. An amendment to a Development Plan may be initiated by the City
Planning Commission or the Council, or may be initiated by the
original applicant for the Specific Plan or a successor thereto,
provided such applicant or successor has, at the time of application for
an amendment, a continuing controlling interest in development or
management of uses within the Specific Plan area.
Division C. Signs
Section 1. All outdoor advertising displays and on-site advertising structures
and signs in the City shall conform to the applicable provisions of this division. If
any specific zoning classification contained within this ordinance shall impose more
stringent requirements than are set forth in this division, the more stringent
provisions shall be required.
Section 2. DEFINITIONS. For purposes of this ordinance, the following words
or phrases shall have the following definitions.
a. "Outdoor Advertising Display" means advertising structures and signs
used for outdoor advertising purposes, not including on-site advertising
signs as hereinafter defined.
b. "Outdoor Advertising Structure" means a 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 outdoor
advertising purposes.
c. "Outdoor Advertising Sign" means any card, cloth, paper, metal,
painted, plastic or wooden sign of any character placed for outdoor
advertising purposes, on or to the ground or any tree, wall, bush, rock,
fence, building, structure or thing, either privately or publicly owned,
other than an advertising structure.
d. The words "Outdoor Advertising Structure" and "Outdoor Advertising
Sign" as defined in subsections b. and c. do 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 City authority; 3
including signs necessary for the operation and safety of public
utility uses.
(4) A structure erected near a city boundary, which contains the
name of the city or the county and the names of, or any other
information regarding, civic, fraternal or religious organizations
located therein.
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e. "On-site Advertising Structures and Signs" means structures and signs
that are erected or maintained to advertise goods sold, business
conducted or services rendered on the parcel of land upon which the
sign is located.
f. "Freeway" means a divided highway for through traffic with full
F
control of access and with grade separations at intersections.
g. "Highway" means roads, streets, boulevards, lanes, courts, places,
commons, trails, ways or other rights-of-way or easements used for or
laid out and intended for the public passage of vehicles or of vehicles
and persons.
h. "Edge of a Right-of-Way" means a measurement from the edge of a
right-of-way horizontally along a line normal or perpendicular to the
centerline of the freeway or highway.
i. "Maximum Height" means the highest point of the structure or sign
measured from the average natural ground level at the base of the
supporting structure.
j. "Free Standing Sign" means any sign which is supported by one or more
columns or uprights imbedded in the ground, and which is not attached
to any building or structure.
k. "Surface Area" means that area of outdoor advertising signs and on-
site advertising signs as measured by the smallest geometric form such
as a square, rectangle, triangle, or circle, or combination thereof
which will encompass the face of the sign on which the message is
displayed.
1. "For Sale, Lease or Rent Sign" means a sign advertising that the
property or structure upon which the sign is located is for sale, lease,
or rent.
m. "Shopping Center" means a parcel of land not less than 3 acres in size,
on which there exists 4 or more separate business uses that have
mutual parking facilities.
n. "Directional Sign" means a sign used to direct and control vehicular or
pedestrian traffic that is located upon the same parcel of land as the
use that it is intended to serve.
Section 3. OUTDOOR ADVERTISING DISPLAYS. No person shall erect or
maintain an outdoor advertising display in the City, except in accordance with the
' following provisions. The changing of an advertising message or customary
maintenance of a legally existing display shall not require a permit pursuant to this
section. "Customary maintenance" is defined in the case of People vs. Ryan
Outdoor Advertising, Inc. 39 C.A.3d 804, and does not allow for any movement on
the ground whatsoever nor for any increase in the size or shape of the surface area
of the display.
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a. Standards
(1) The zone classification of the land on which the display is to be
erected or maintained shall specifically permit outdoor
advertising displays.
(2) Each display shall be at least 500 feet from any other such
display, unless in a particular zone a different interval shall be
specified, in which event the minimum distance between such
displays shall be not less than such interval.
(3) The maximum surface area of the display shall not exceed 300
square feet.
(4) The maximum height of the display shall not exceed 25 feet.
(5) No display shall be affixed on or over the roof of any building
and no display shall be affixed to the wall of a building so that it
projects above the parapet of the building. For the purposes of
this section, a mansard style roof shall be considered a parapet.
(6) No display shall be erected within an established setback or
building line or within street right-of-way lines or within future
street right-of-way lines that have been established by a specific
plan or by the general plan or other duly authorized regulation,
map or plan.
b. Applications for Permit
(1) Application. No outdoor advertising display shall be erected or
structurally altered until a permit therefor has been issued by
the Director of Community Development (Director). Application
for such permit shall consist of a plot plan, in triplicate,
containing the name, address and telephone number of the
applicant, and a general description of the property upon which
the display is proposed to be placed or altered, and showing the
precise location, type and size of the proposed display, property
lines and dimensions, location of and distance to nearest displays
and nearest buildings within 500 feet in each direction, nearby
public and private streets and other rights-of-way, building
setback lines and specifically planned future road right-of-way
lines, in such manner that the property and the proposed
advertising display may be readily ascertained and identified. If
the applicant holds a permit for such advertising display issued
by the State of California, the year and number of the State
Permit shall be shown; if such permit has not yet been issued the
applicant shall notify the Director of its number within 10 days
after such State permit is issued. If the Director determines
that the proposed display conforms to the requirements of this
ordinance, he shall promptly endorse zoning approval on the
three copies of the plot plan, file one copy, forward one copy to
the Building Official, and return one copy to the applicant, which
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shall then be the permit; if he determines that the display does
not conform to the requirements of this ordinance, he shall
notify the applicant, giving his reasons. Promptly upon
completing the erection of the outdoor advertising display, the
applicant shall notify the Director thereof in writing. If the
erection of the outdoor advertising display has not been
completed pursuant to the permit within two (2) months after
the date of its issue, the permit shall thereupon be void.
(2) Appeal. If the Director refuses to issue a permit, or summarily
revokes a permit pursuant to paragraph 3, the applicant or
permittee may, within ten (10) days, appeal to the City Council
by letter stating the reasons why he believes such action to be
improper, which shall be accompanied by any filing fee which has
been established by resolution of the City Council. The City
Clerk shall promptly cause the appeal to be set for hearing at a
regular meeting and the Clerk shall mail or deliver written
notice of the hearing to the Director and to the applicant or
permittee at least ten (10) days before the hearing. At the
conclusion of the hearing or continuance thereof, the City
Council shall finally decide the matter. The effect of notice of
revocation shall be suspended until ten (10) days after such
decision.
(3) Revocation. Any permit which has been issued as the result of
material misrepresentation of fact by the applicant may be
summarily revoked by the Director who shall thereupon
forthwith give written notice of revocation to the applicant.
Within ten (10) days thereafter any display authorized by said
permit shall be removed. Failure to remove such display within
said ten (10) day period is a violation of this ordinance. Nothing
in this ordinance shall be deemed to authorize the installation or
maintenance of any outdoor advertising display in violation of
any State law or regulation.
Section 4. ON-SITE ADVERTISING STRUCTURES AND SIGNS. No person
shall erect or maintain an on-site advertising structure or any sign in the City
without a permit therefor from the Director or that is in violation of the provisions
contained within any specific zoning classification in this ordinance or that is in
violation of the following provisions.
a. Free-Standing Signs
(1) Located within 660 feet of the nearest edge of a freeway right-
of-way line.
(a) The maximum height of a sign shall not exceed 45 feet.
(b) The maximum surface area of a sign shall not exceed 150
square feet.
(2) All Other Locations.
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000543
(a) The maximum height of a sign shall not exceed 20 feet.
(b) The maximum surface area of a sign shall not exceed 50
square feet.
(3) Shopping Centers - All Locations.
Notwithstanding the provisions of sub-paragraphs (1) and (2), an
alternate standard for free standing on-site advertising signs for
shopping centers is established as follows:
(a) The maximum surface area of a sign shall not exceed 50
square feet or .25 percent (1/4 of 1%) of the total existing
building floor area in a shopping center, whichever is
greater, except that in any event, no sign shall exceed 200
square fee in surface area.
(b) The maximum height of a sign shall not exceed 20 feet.
(4) Number of Free-Standing Signs - All Locations.
Not more than one free-standing sign shall be permitted on a
parcel of land, except that if a shopping center has frontage on 2
or more streets, the shopping center shall be permitted 2 free-
standing signs, provided that the 2 signs are not located on the
same street, are at least 100 feet apart and the second sign does
not exceed 100 square feet in surface area and 20 feet in height.
b. Signs Affixed to Buildings - All Areas
(1) No on-site advertising sign shall be affixed on, above or over the
roof of any building, and no on-site advertising sign shall be
affixed to the wall of a building so that it projects above the
parapet of the building. For the purposes of this section, a
mansard style roof shall be considered a parapet.
(2) The maximum surface area of signs affixed to a building shall be
as follows:
(a) Front wall of building -
The surface area of the sign shall not exceed 10% of the
surface area of the front face of the building.
(b) Side walls of a building -
The surface area of the sign shall not exceed 10% of the
surface area of the side face of the building.
(c) Rear wall of a building -
The surface area of the sign shall not exceed 5% of the
surface area of the rear face of the building.
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c. Directional Signs - Directional signs to advise patrons of location,
distance or purpose shall be permitted on a parcel of land as follows:
(1) The maximum height of such signs shall not exceed 3 feet.
(2) The maximum surface area of such signs shall not exceed 6
square feet.
d. On-site Identification Signs - On-site identification signs affixed to
the surface of walls, windows, and doors of permanent structures,
which do not exceed 4 inches in letter height and do not exceed 4
square feet in area are permitted in addition to any other sign
permitted in this ordinance.
Section 5. FOR SALE, LEASE OR RENT SIGNS. For sale, lease or rent signs
shall be permitted to be placed in all zone classifications without the necessity of a
permit therefor, but subject to the following regulations:
a. For one and two family residential uses - one sign not exceeding 4
square feet in surface area and not more than 4 feet in height.
b. For multiple family residential uses - one sign for each separate
frontage on a street, each sign not to exceed 16 square feet in surface
area and not more than 8 feet in height.
c. For commercial uses - one sign for each separate frontage on a street,
each sign not to exceed 24 square feet in surface area and not more
than 8 feet in height.
d. For industrial uses - one sign for each separate frontage on a street,
each sign not to exceed 32 square feet in surface area and not more
than 10 feet in height.
e. For agricultural uses - one sign for each separate frontage on a street,
each sign not to exceed 16 square feet in surface area and not more
than 8 feet in height.
Section 6. SUBDIVISION SIGNS
a. On-site subdivision signs, advertising the original sale of a subdivision
are permitted within the boundaries of a subdivision, upon
architectural and site plan approval, and subject to the following
minimum standards:
(1) No sign shall exceed 100 square feet in area
(2) No sign shall be within 100 feet of any existing residence that is
outside of the subdivision boundaries.
(3) No more than two such signs shall be permitted for each
subdivision.
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(4) No sign shall be artificially lighted.
b. Off-site subdivision signs advertising the original sale of a subdivision
shall be permitted in all zone classifications, except the PCC and OS-
W Zones, provided a Conditional Use Permit is granted pursuant to the
provisions of Division H of this Article V, and subject to the following
1
minimum standards:
(1) No sign shall exceed 100 square feet in area.
(2) No sign shall be within 100 feet of any existing residence.
(3) No more than two such signs shall be permitted for each
subdivision.
(4) The maximum period of time a sign may remain in place shall be
two years.
(5) No sign shall be artificially lighted.
(6) An agreement, secured by a $100 cash bond, shall be executed
with the City for each sign, assuring the removal of the sign
within the allowed time period. The bond and agreement shall be
filed with the Department of Community Development.
c. Off-site directional signs consisting of panels listing the names of
residential tracts or developments where the original sale of new
homes is being conducted shall be permitted within public rights-of-
way, provided a Conditional Use Permit is granted pursuant to the
provisions of Article V, Division H, and subject to the following
standards, limitations and restrictions:
(1) An encroachment permit shall be obtained, pursuant to Chapter
14.16 of the Cathedral City Municipal Code.
" (2) A sign at the intersection of two major thoroughfares shall not
exceed 42 square feet in area or 7 feet in height. A sign at any
other location shall not exceed 16 square feet in area or 4 feet in
height.
(3) A sign shall not be allowed in any location which causes or tends
to cause any conflict with the safety of vehicular traffic or
pedestrian traffic.
(4) No sign shall be permitted beyond 2 miles from the project it
advertises.
(5) The sign message may advertise a residential project only,
together with a directional arrow.
(6) A sign may advertise a project outside the City only if such
project immediately abuts the City; and such sign shall be
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rk
allowed for a maximum period of one year (subject to
discretionary renewal or extension by the processing of a new
Conditional Use Permit).
Division D. Mobile Home Park Standards.
Section 1. General Provisions
a. The uses set forth in this division 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:
o Mobile home;
o Mobile home accessory building or structure;
o Trailer coach used as a construction project office during the time
of construction; and
o Uses which are accessory, including but not limited to laundry and
restroom facilities, offices and recreational facilities.
Section 2. Property Development Standards - Mobile Home Park
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.
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00054.5
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
fire-fighting equipment, the location and design of which shall be
approved by the Director of Community Development and City's Fire
Marshal.
Section 3. 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:
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(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 Article V, Division A shall apply.
Section 4. 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 T.V. systems shall
be constructed in a manner that conforms to the construction methods
approved by the applicable State regulatory agencies.
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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.
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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.
Division E. Nonconforming Structures and Uses
Section 1. Purpose
When lots, buildings, or uses legally existing on the effective date of this
ordinance are not in conformity with the provisions of this ordinance, it is
the intent and purpose of this division to declare such lots, buildings, and
uses to be nonconforming, for the purpose of protecting the public health,
safety, and general welfare.
Section 2. Group A - Nondetrimental Nonconformance
Group A nonconforming lots, buildings and uses are those which are
generally not detrimental in the zone. They may be continued and under
certain conditions altered or enlarged.
a. Group A nonconforming lots are those lots which do not conform to
the lot area and lot dimension standards for the zone in which they are
located. The uses permitted in the zone shall be permitted on such
lots, subject to all other provisions of the zone.
b. Group A nonconforming buildings are those buildings which do not
conform to the building height, yards, distance between buildings,
floor area ratio, and minimum setback standards for the zone in which
they are located. Such buildings shall be permitted to continue;
provided that any addition, alterations, or enlargement thereto shall
comply with all provisions of the zone. The alteration of buildings in
L established setback areas shall not be permitted without the prior
approval of the City Council. When any group A nonconforming
building or structure is for any reason removed from the land, all
future buildings or structures erected on such land or portion thereof
shall conform to all provisions of the zone.
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c. Group A nonconforming uses are as follows:
(1) In residential zones, group A nonconforming uses of buildings are
those uses which do not conform to the lot area per dwelling unit
standards for the zone in which they are located. Buildings
containing such uses may be altered; provided that the dwelling
or rental unit density shall not be increased.
(2) In commercial and industrial zones, group A nonconforming uses
of buildings are those uses which are not listed as permitted but
which are of the same general type (i.e., commercial uses in a
commercial zone) and are determined by the Planning
Commission to be not detrimental to the public health, safety,
and general welfare and to neighboring uses. Such uses may be
continued, altered, or enlarged, subject to the provisions of the
zone.
Section 3. Group B - Detrimental Nonconformance
Group B nonconforming buildings and uses are those which are detrimental
to the zone.
a. Group B nonconforming buildings are identified and regulated as
follows:
(1) In residential zones, industrial buildings and commercial
buildings not specifically permitted in the zone shall be group B
buildings. In commercial and industrial zones, residential
buildings not specifically permitted in the zone shall be group B
buildings.
(2) When said nonconforming building is removed from the land,
every future building and use shall be in conformity with the
provisions of this ordinance.
b. Group B nonconforming uses are identified and regulated as follows:
(1) Group B nonconforming uses shall be those uses in any zone
which are expressly prohibited and those other uses which are
not provided for in said zone. A Group B nonconforming use of a
conforming or a Group A nonconforming building shall not be
expanded, or extended into any other portion of the building, and
if such use is discontinued for a period of one hundred eighty
days, any future use of said building shall be in conformity with
uses permitted in the zone.
(2) A group B nonconforming nonresidential use in a group B building
3
may continue for the duration of the building and may be
expanded or extended throughout said building; provided no
structural alterations except those required by law or ordinance
shall be made therein. Further, if no structural alterations are
made, a nonconforming use in such a building may be changed to
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permit
m a mission.similar or more restricted type of nonconforming use;
provided that said new use be approved by the Planning
(3) A group B nonconforming structure which is voluntarily removed
from a parcel of land or from any portion of such parcel of land
shall not again be placed upon the land or upon the portion from
which it was removed, unless such placing or replacing is in full
conformity with the provisions of this ordinance.
Section 4. Use of Land Where No Structures Are Involved
a. A nonconforming use of land, where no buildings or structures are
involved, or the only buildings employed are accessory or incidental to
such use, when deemed by the Planning Commission to be detrimental
to the public health, safety, and welfare, shall within five years, be
completely terminated or so altered that it will be in conformity with
the uses permitted in the zone.
b. Such nonconforming use of land shall not be expanded in any way
either on the same or adjoining property.
c. If such nonconforming use of land is involuntarily discontinued for a
period of one hundred eighty days, any further use of the land shall be
in conformity with this ordinance. If discontinuance of use is
voluntary, then such use shall not be recommenced unless it be in full
conformity with the provisions of this ordinance, regardless of the
period of time involved in such discontinuance of use.
Section 5. Off-Street Parking and Loading Facilities
Existing buildings whose off-street parking or loading facilities conformed
with the ordinance requirements at time of construction but do not
conform with current ordinance provisions may be expanded or have
facilities added, provided the current ordinance requirements for off-street
parking and loading space are met for those facilities added or enlarged,
and provided the provisions of Article V, Division A are complied with as
applicable other than as pertaining to the shortage of spaces for the
nonconforming building portion
Section 6. Outdoor Storage
Existing uses involving outdoor storage not conforming to the provisions of
this ordinance shall within two years be brought into conformity with the
requirements of this ordinance; provided that should the uses on the
premises be expanded or the building so altered as to require a building
permit, the owner shall comply with the applicable provisions at that time.
Section 7. Nonconformity with Performance Standards
a. The use of land, buildings 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 ordinance
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shall be brought into conformity with said standards within a period of
one year from the effective date of this ordinance; otherwise the
nonconforming use shall be discontinued.
b. Upon compliance with the required performance standards, the
Director shall issue a certificate of compliance, a copy of which shall
be filed with the City Clerk. No permit or license shall be issued to
1
any use not conforming with said performance standards at the end of
one year from the effective date of this ordinance.
Section 8. Moving
•
A nonconforming building or 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 except as otherwise provided by this ordinance.
Section 9. Reversion
Any portion of a parcel of land or of a nonconforming building or use 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 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.
Section 10. Reconstruction and Continued Use of Damaged Buildings and
Structures
a. A nonconforming building or structure, or portion thereof (in this
section referred to as "building"), which is damaged or partially
destroyed by fire, flood, wind, earthquake or other calamity of nature
or act of God to the extent that the cost of repairing, reconstructing
or restoring it is less than fifty percent of the cost of replacing the
entirety of the building, may be repaired, reconstructed or restored
and the occupancy or use thereof, which existed at the time of such
damage or partial destruction, may continue or be resumed therein;
provided, however, that such repair, reconstruction and restoration
shall be commenced no later than six months from the date of such
damage and/or partial destruction, and shall be completed within six
months after said commencement, or at a later time as is approved by
the Director of Community Development.
b. In the event a nonconforming building is so damaged or partially
destroyed that the cost of repairing, reconstructing, or restoring it
exceeds fifty precent of the cost of replacing it, neither it nor any
portion shall be repaired, reconstructed or restored unless the entirety
of such building conforms to and is in compliance with all the
regulations of the city and the state relating to its use, and the
property on which it is located, including but not limited to the City's
zoning regulations, and particularly the property development
standards for the zone in which such building is located, and to its
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construction, including but not limited to the City's building code,
wiring regulations, plumbing code, mechanical code and fire code.
c. The term "cost of replacing" as used in this section means those costs
as computed by the Director of Community Development or his
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 International Conference
of Building Officials, Whittier, California, and which 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,
including building, plumbing, wiring, mechanical, fire codes and zoning
regulations, which are effective at the time of computation.
Section 11. Use Abandoned
Where no use of a nonconforming building or improvement is made for a
period of six months, or said premises are used for a conforming use for a
period of six months, no further continuance of such nonconforming use
shall be made. The existence of such nonconforming use shall be
terminated and the use of such premises shall be as determined by the
provisions of this ordinance.
Section 12. 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 or any previous ordinance
shall be permitted to continue under the conditions and regulations imposed
in said permit or variance.
Section 13. Reconstruction and Relocation of Security Fencing Structures
A security fence that does not conform to the size or property
development standards of the zone within which it is located may be
repaired or relocated; provided, however, the relocation does not
constitute an extension, enlargement or increase of the nonconforming
security fencing.
Section 14. Extension of Use - By Permit
Except as otherwise provided in Division C, any group B building, any use,
any outdoor storage and any performance standard, as described in the
aforesaid sections, which as of the effective date of this ordinance is
nonconforming, may be granted a permit by the Planning Commission to
continue or expand its nonconforming status for a certain period as
provided by the Commission subject to reasonable conditions imposed
thereon by the Planning Commission.
Section 15. Extension of Use - Determination of Eligibility
a. Before a permit may be granted for the continuation or expansion of
the nonconforming state in question, the Commission or Council, upon
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appeal to it, shall make findings from the evidence, as submitted, that
the subject nonconforming building, use, storage area or performance
standard (referred to in this section as "subject") is a nonconforming
group B building, use, storage area, or performance standard, as
described in the pertinent sections of this Division; the continuation of
the nonconforming status in question is reasonably compatible with the
area immediately surrounding the location of said subject, is not
detrimental or undesirable to the public convenience or general
welfare of persons residing or working in the neighborhood thereof and
is not injurious to properties immediately surrounding said subject.
b. Any person desiring a permit, under this section or Section 14 of this
division, to continue a nonconforming status shall make written
application therefor to the Planning Commission on a form prepared
and provided by the Commission secretary. Such application shall
require, among other things, an acknowledged statement by the
applicant as to the date on which the subject of the nonconforming
status commenced.
c. The proceedings for application and consideration of said permit shall
be in accordance with the applicable terms and provisions of Division
I-I of this Article and shall be quasi-judicial in nature. Whenever the
phrase "Conditional Use Permit" or term "permit" is used in said
sections, it means for the purpose of this section a permit applied for
or granted under this section.
Section 16. Amortization of Nonconforming Structures and Uses
a. The following provisions of this section are carried over from the
City's previous zoning ordinance (Riverside County Ordinance No. 348)
and shall continue in effect uninterrupted and shall relate back to the
same extent as was the case prior to the adoption of this revised zoning
ordinance (No. 80). If any provisions hereof are in conflict with any
other provisions of this division or of this ordinance, then the provisions
shall be applied which will result in the earlier elimination of the
nonconforming use involved.
b. The following provisions shall apply to all nonconforming structures
and uses:
(1) Any nonconforming structure or use may be continued and
maintained for the periods of time hereinafter set forth, provided
there are no structural alterations except as hereinabove
allowed.
(2) A nonconforming structure or use may be maintained for the
following periods of time:
3
(a) Where the property is unimproved, 1 year.
(b) Outdoor advertising, 5 years.
(c) General commercial uses, such as those primarily
permitted in the Article IV, Division B zones, 30 years.
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A ' I
(d) General manufacturing uses, such as those primarily
permitted in the I-1 Zone, 40 years.
Division F. Special Use Permit
Section 1. Applicability
a. Uses Permissible by Special Use Permit
The following uses are permissible in any zone in the City subject to
the granting of a special use permit pursuant to the provisions of this
division:
(1) Activities of a temporary or seasonal nature, which may include
but are not limited to holiday seasonal activities, activities of
religious, charitable, fraternal, educational, military, state,
county or municipal organizations or associations wherein the
net gain from any of said activities monetary or otherwise, is
used solely for school, religious, benevolent, charitable,
nonprofit purposes or solely for the purpose and objectives for
which such organizations or associations were formed.
(2) Any other use or activity expressly allowed upon granting of such
special use permit, by other provisions of this zoning ordinance.
b. The applicant for a special use permit shall have the burden of proving
that his requested activity is temporary in nature. No activity under
subdivision (1) of subsection "a" shall be deemed temporary if it is
proposed to be conducted for more than ninety consecutive days.
Activity under subdivision (2) of subsection "a" shall be deemed
temporary if it is proposed to be conducted for a period not to exceed
one hundred eighty consecutive days, unless otherwise specified by
other provisions of this ordinance, or unless by the very nature of the
use, some other minimum period is applicable.
c. Use of temporary structures or trailers and facilities related thereto
for the uses provided in subsection "a" of this section may be
permitted; provided that the applicant has submitted with his
application the written consent of all property owners, lessees or
occupants abutting the proposed location of said structures or trailers.
Such permitted structures or trailers and facilities related thereto
shall be removed within the period prescribed in the permit and the
property on which they were located shall be restored to the same
condition it was prior to said use.
Section 2. Criteria for Granting
Special Use Permits may be processed as administrative matters by the
Director and/or Planning Division staff. However, he may, at his
discretion, refer such application to the Planning Commission for
consideration.
The Director and/or Planning Division staff is authorized to review
applications and to issue such temporary permits, subject to the following
conditions:
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a. Special use permits granted pursuant to this division shall be for a
fixed period not to exceed thirty days for each temporary use not fully
occupying a structure or trailer or like facility, including promotional
enterprises.
b. Ingress and egress shall be limited to that designated by the Planning
Division. Appropriate directional signing, barricades, fences or
landscaping shall be provided where required. A security officer may
be required for promotional events.
c. Off-street parking facilities shall be provided on the site of each
temporary use.
d. Upon termination of the temporary use permit, or abandonment of the
site, the applicant shall remove all materials and equipment and
restore the premises to their original condition.
e. Opening and closing times for promotional enterprises shall coincide
with the hours of operation of the sponsoring commercial
establishment. Reasonable time limits for other uses may be set by
the Director and Planning Division staff.
f. Applicants for a temporary use permit shall have all applicable
licenses and permits prior to issuance of a special use permit.
g. Signing for temporary uses shall be subject to the approval of the
Director.
h. Adequate measures for maintaining dust-free conditions shall be
provided.
i. The Director and/or Planning Division staff may deny a special use
permit if conditions would exist which would be injurious to existing
improvements and land uses or would be detrimental to the
surrounding area.
j. The applicant may appeal an administrative decision to the Planning
Commission.
Section 3. Applications - Filing
a. The Director of Community Development shall prescribe the form and
scope of applications under this division and any necessary
accompanying data.
b. Applications under this division for a special use permit shall be made
by the property owner or the property owner's authorized agent in
writing on the form provided by the City's Planning Division,
'-
accompanied by such data and materials as required by the Director of
Community Development. If the applicant is not the property owner,
a letter from the property owner authorizing the applicant to act as
his agent in his behalf shall accompany said applications.
c. A fee as may have been determined by resolution of the City Council
to defray the costs and expenses of the City in processing the
application shall be paid to the Planning Division prior to its accepting
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the application for filing, no part of which fee shall be refundable to
applicant.
Section 4. Applications - Consideration
a. Applications for a special use permit which are referred by the
Director to the Planning Commission for action or which are appealed
shall be considered and acted on by the Planning Commission at a
hearing. The Director shall notify the applicant in writing of the time,
date and place and purpose of said hearing; said notice to be mailed to
the applicant's address as stated on his application.
b. At the hearing, the applicant shall have the right to present evidence
through documents, witnesses and otherwise, in support of his
application. Any interested person shall be heard and shall be allowed
to present evidence either in support of or in opposition to the
application. The Planning Commission or City Council on appeal may,
after opening a hearing on an application for a special use permit, find
that it deems it to be in the public interest that the hearing be a
public hearing and shall direct the secretary of the Commission to set
the date, time and place thereof and to give notice in accordance with
any applicable Government Code requirements.
c. The Planning Commission, or City Council on appeal, may, for any
reason, continue a hearing under this division, public or otherwise, to a
time, date and place certain when it deems such action necessary for a
proper determination of an application.
Section 5. Appeals
Any applicant or aggrieved person may appeal any determination of the
Planning Commission 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.
Section 6. 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.
Section 7. Suspension - Revocation
A special use permit granted under this division may be suspended or
revoked for the following reasons and in the following manner:
a. The permit may be suspended or revoked by the issuing officer or body
if a finding is made after due opportunity of the permittee to be heard
thereon that
(1) The permitted use is being conducted in a manner which is
detrimental to the public health, morals, peace, safety and
welfare of the City, or constitutes a public nuisance, or
(2) The permittee acquired the special use permit by making or
causing to be made factual misrepresentations, material
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nondisclosures or false or misleading statements in its
application for such permit or in any statement or
representations to the Director, or
(3) The particular use for which the permit was granted has
terminated or been suspended for at least six months from the
date of the granting of the permit, or
(4) Conditions of the permit have not been fully complied with.
b. When a permit has been revoked, no other permit shall be issued under
this division to the same permittee within one calendar year of the
date of revocation.
Section 8. Re-application
No person shall reapply for a similar special use permit if an application
for such has been denied, 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.
Section 9. Effectuation
No building permit shall be issued in any case where a Conditional Use
Permit, a variance, a special use permit is required by the provisions of
this ordinance, unless and until such Conditional Use Permit, variance, or
special use permit has been finally granted, is effective, and all conditions
required prior to the issuance of a building permit have been complied
with. No certificate of occupancy shall be issued until all provisions of this
ordinance and all conditions of any conditional use permit, special use
permit, or variance required to be fulfilled prior to the issuance of such
certification of occupancy have been completed or fulfilled.
Division G. Home Occupations
Section 1. Designation
A home occupation is a business use which is customarily conducted in a
residence, provided that such use is clearly incidental and secondary to the
principal use of the dwelling as a residence and that the business use does
not change the character of the dwelling or adversely affect any other
dwelling or the environment in the vicinity. A home occupation may be
engaged in provided that it is conducted in compliance with the criteria
and requirements set forth in Section 2. Some examples of permissible
home occupations are:
a. Consultative professional occupations, 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;
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c. The in-home office of a salesperson, when all sales are conducted by
telephone or correspondence with no commodities or displays on the
premises;
d. Drafting, designing and the like using only the normal drafting
equipment; and
e. The performance of a babysitting service or home child care facilities
as permitted by the zone district.
Section 2. Conditions and Permits
A home occupation as defined in Section 1 above may be engaged in
provided that it is conducted in compliance with the criteria set forth in
this section, that a permit has been obtained and remains in effect in
accordance with this section, and that a business license has been obtained
as and if required by Chapter 3.28 of the Cathedral City Municipal Code.
a. Criteria and Conditions.
(1) No one other than the resident of the dwelling shall be employed
on the premises in the conduct of the home occupation.
(2) The home occupation shall be conducted entirely within the
enclosed area of the main building and shall not occupy more
than 25 percent of the total area of the structure.
(3) A home occupation shall not be conducted within any accessory
structure. There may be storage of equipment or supplies in an
accessory structure. Garage space may be used for the conduct
of a home occupation only when it does not interfere with the
use of such space for the off-street parking of vehicles required
by Article V, Division A of this zoning ordinance.
(4) There shall be no outdoor storage or display of equipment,
machinery, supplies, materials or merchandise.
(5) There shall be no sales activity, either wholesale or retail,
except mail order sales, nor shall there be the maintenance of an
office open to the general public.
(6) There shall be no more than a one-day's supply of hazardous
materials stored on the premises at any given time (i.e., pool
chlorine, paint thinner, etc.).
(7) There shall be no dispatching of persons or equipment to or from
the subject property, including the use of commercial vehicles
'*1 which operate to and from the premises.
1
(8) No vehicles or trailers except those normally incidental to
residential use shall be stored or parked on the site.
(9) There shall not be involved the use of commercial vehicles for
delivery of materials or items to or from the premises, other
than a vehicle not to exceed a rated one-ton capacity, owned by
the operator of such home occupation.
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(10) There shall be no use of any mechanical equipment, appliance or
motor outside of the enclosed building or which generates noise
detectable from outside the building in which it is located.
(11) There shall be no signs or other devices identifying or advertising
the home occupation.
(12) In no way shall the appearance of the building or lot be so
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.).
(13) No home occupation shall create a nuisance by reason of noise,
odor, dust, vibration, fumes, smoke, electrical interference,
traffic or other causes.
(14) The use shall not generate pedestrian or vehicular traffic beyond
that normal to the zone in which it is located.
(15) The use shall meet reasonable special conditions established by
the Director and made of record in the home occupation permit,
as may be deemed necessary to carry out the intent of this
division.
b. Procedure.
(1) Applications. An application for maintaining a home occupation
shall be filed with the Planning Division on forms provided by the
division. Anyone desiring to make a formal application for a
home occupation shall include the following information.
(a) The location and address of the proposed occupation;
(b) The nature of the home occupation; and
(c) Any additional information requested by the Director of
Community Development.
(2) Filing Fees. When the application for a home occupation is filed,
the Director shall collect a fee for the permit in such amount as
may have been established by resolution of the City Council.
(3) Review and Investigations: Decisions. The Director shall review
the application, shall consult with those departments of the City
which might have interest in, or jurisdiction over, some phase of
the proposed occupation, shall make any necessary investigation,
and shall grant or deny a permit therefor in accordance with
findings whether the conditions and criteria set forth in 3
subsection a. of this section are met. The permit, if granted,
shall specifically identify the occupant as per mittee and describe
the nature of the home occupation thereby allowed. Home
occupation permits shall not be transferable by the designated
per mittee to any other person.
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(4) Decisions Final. The decision of the Director shall be final and
shall become effective ten (10) days after the date of the
decision, unless an appeal is filed with the Commission.
L (5) Appeals. Any person or body, public or private, may appeal the
decision of the Director to the Commission. Such appeals shall
be filed with the Planning Division within ten (10) days after the
date of the decision of the Director. Upon the receipt of such an
appeal, the Director shall place the matter for consideration on
the agenda of the first regular meeting of the Commission
following ten (10) days' written notice to the appellant and/or
the applicant.
(6) At such time as a home occupation permit has been granted, the
Director shall notify the Business License Division of such fact,
stating in such notification the effective date of the permit.
c. Annual Reviews; Permit Revocation.
All home occupation permits granted pursuant to this section shall be
reviewed annually by the Director in order to ascertain whether or not
all the conditions and criteria set forth in subsection a. of this section
are being met and complied with at all times. If, at the time of such
annual review or at any other time, it is found that any of such
conditions and criteria are not being met and complied with, the
permit may be revoked by the Director after the permittee has been
given five (5) days' written notice of the City's intention to do so, and
has been afforded the opportunity for a due process hearing by the
Director or the Director's designee. Any such revocation is subject to
appeal as provided in subsection b.(5) above.
Division H. Conditional Use Permits
Section 1. Purpose
The Conditional Use Permit is intended for those types of land uses which
require special consideration in a particular zone or in the City as a whole
due to: The size of the area needed for full development of such use; the
unusual traffic, noise, vibration, smoke or other problems incidental to its
operation; special locational requirements not related to zoning; or to the
effect that such uses may have on property values, health, safety, and
welfare in the neighborhood or in the community as a whole. It is also for
uses whose approximate location is indicated on the General Plan but
whose exact location and arrangement must be carefully studied. No
L applicant shall be deemed to ever have any "right" to a conditional use
permit. Such permit is in the category of an "exception" under the zoning
regulations, and the grant of the same shall be viewed as a special
dispensation. In granting the permit, the Commission may require certain
safeguards and establish certain conditions to protect the health, safety
and general welfare of the community, subject to the following findings:
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a. That 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
ordinance;
b. That 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. That the site for the intended use is adequate in size and shape to
accommodate said use and all of the yards, setbacks and walls or
fences, landscaping and other features required in order to adjust said
use to those existing or permitted future uses on land in the
neighborhood; and
d. That 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.
Uses existing on the effective date of this ordinance 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.
Section 2. Permissible Uses - In Specific Zones
Uses listed in the zones as "conditional uses" may be permitted in said
zones subject to the provisions of this division.
a. Site Plan
A site plan of the proposed conditional use and development thereof
shall be submitted as a part of the application, and any additional and
supplementary material, including but not limited to a site plan as
defined in Article III of this ordinance, shall be submitted further upon
written request therefor by the Planning Commission and/or Director
of Community Development.
b. Addresses
A list of property owners and their addresses, within a radius of five
hundred feet of the exterior boundary of the property, shall be
furnished with the application. 3
c. Filing Fee
When the application for a conditional use permit is filed, a fee as
established by the City Council by resolution shall be paid for the
purpose of defraying the costs incidental to the proceedings.
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d. Appeal 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 conditional
use permit under the provisions of this division must be paid to the
City at the time of the filing of such appeal.
e. Staff Investigations
The Planning Division shall make an investigation of the facts bearing
on the case to provide the information necessary for action consistent
with the intent of this ordinance and the General Plan and shall report
the finding to the Commission.
Section 3. Application
a. Filing
Application for a conditional use permit shall be filed with the
secretary of the Planning Commission by the owner of the property for
which the permit is sought, or by the lessee having a lease-hold
interest of not less than five years exclusive of an option to renew, or
by the agent of any of the foregoing duly authorized in writing.
b. Form
Application shall be made to the Planning Division on forms furnished
by that Division and shall be complete.
Section 4. Public Hearings - Date - Notice
a. The hearing date shall be set by the Director of Community
Development for not less than ten nor more than forty-five days after
the filing of the 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 of public hearing, in accordance with the provisions of
Government Code Section 65905, shall be given by U.S. Mail, postage
prepaid, to owners of real property located within 500 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.
d. Notice shall be mailed pursuant to subsection c., postage prepaid, not
less than ten days before the hearing date. Notice of the time and
place of the public hearing shall also be posted in at least three public
places in the city, at least 10 days before the hearing.
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e. The Commission shall, not less than ten nor more than thirty days
after the mailing and posting of a legal notice of a public hearing on a
conditional use permit application, hold said public hearing.
Section 5. 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 conduct of public hearings and the
member of the Commission presiding at such hearings is empowered to
administer oaths to any person testifying.
b. The Commission may for any reason, 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.
Section 6. Decision - Commission
Each decision by the Commission authorizing a conditional use permit shall
be by resolution. The Commission shall make its findings and
determination within thirty days from the date of completion of hearing on
such application, and shall forthwith transmit copies thereof to the
applicant and to the City Clerk. Upon the failure of the Commission to
make a determination within the time limit specified in this division it shall
lose jurisdiction and applicant may appeal to the council as provided in this
division.
Section 7. Granting - Criteria
a. Neither the Commission nor the Council, upon appeal or Council
initiated review, may grant a conditional use permit for any use, for
which a conditional use permit may be granted under any provision of
this ordinance, unless it has first found from the evidence admitted
during the hearing before the Commission or Council that the proposed
use at the proposed location will not be detrimental to the public
health, safety, convenience and general welfare, and will be in harmony
with the various elements and objectives in the City's General Plan.
b. Prior to making such findings, the Commission and/or 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,
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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 for a proposed use, the exercise of said use shall be
subject to all the property development standards of the zone in which
said use is permitted by a conditional use permit, which standards may
be made more restrictive by any condition imposed on the grant of
said permit.
Section 8. Effective Date
a. No conditional use permit granted or authorized by the Commission, as
provided in this division, shall become effective until ten days after
the date of the resolution granting and authorizing a conditional use
permit or until the effective date thereof as specified in the permit,
provided that the latter date is more than ten days later than the
effective date of the resolution.
b. All decisions of the Commission concerning the merits of the
application shall be final unless appealed within the time period
prescribed in Section 10 of this division unless the Council initiates a
review thereof.
Section 9. Appeal - Review
a. Any person aggrieved or affected by the final determination of the
Commission concerning an application for a conditional use permit
including any conditional requirement imposed thereon or the failure
of the Commission to make findings and determination within thirty
days from the date of completing a hearing on such application, may
no later than ten days from the date of the decision or forty-five days
from the date of Commission's failure to make a determination, file a
written notice of appeal therefrom with the Council.
b. By a majority of those voting, and at/or before the next regular
council meeting following the Commission's determination, Council
may order a review of all or part of that determination in the same
manner as provided herein for appeal. The Council order may be by
motion. No error need be cited in that motion. The City Clerk shall
present to the Council, at its next meeting following the Commission's
determination, a certified copy of the Commission's resolution of
determination and the Director's report to the Commission thereon.
c. A written notice of appeal shall be filed in triplicate with the City
Clerk and shall state therein the grounds for such appeal and the
specific factual and/or legal errors committed by the Commission in
its consideration and/or determination of said application.
d. The City Clerk shall forthwith transmit one copy of said notice of
appeal to the Director and one copy to the Commission by delivering it
to the Commission's secretary.
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e. The secretary of the Commission, no later than ten days from the date
of the Commission's receipt of the notice of appeal or Council action
to review, shall transmit to the Council the original 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 division
for granting a conditional use permit.
f. 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.
g. The Council may not reverse or modify the Commission's final
determination, requirement or condition which is appealed or ordered
to be reviewed until it has held a public hearing thereon, said public
hearing being set, and notice thereof being given by the City Clerk as
provided in Section 4. The Council, after the completion of said
hearing, which it may continue for any reason it deems proper and
reasonable, may reverse or modify, in whole or in part, any final
decision, requirement or condition of the Commission.
h. On the date a notice of appeal is filed under this division, or on the
date the Council orders a review of the Commission's determination,
condition or requirement, all proceedings in furtherance of the
determination, condition or requirement appealed from or ordered to
be reviewed by the Council, including the effective date of the permit
in question, shall be stayed until the final determination by the
Council of the appeal or Council-initiated review.
Section 10. Time Limit
Each determination of the Commission granting a permit shall, where
appropriate, contain as a condition thereof the following: "The permit
hereby allowed is conditional upon the privileges being utilized within one
(1) year after the effective date thereof, and if they are not utilized or
construction work is not begun within said time and carried on diligently to
3
completion of at least one (1) usable unit, this authorization shall become
void, and any privilege, permit, or variance granted hereby shall be deemed
to have lapsed". The Commission, however, shall have authority to extend
the time limit in the case of unavoidable delay. Once any portion of the
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conditional use permit is utilized, the other conditions thereof become
immediately operative and must be strictly complied with.
Section 11. Revisions to Site Plan
a. Minor revisions to a site plan approved as part of a conditional use
permit may be made after review and approval by the Director of
Community Development pursuant to the architectural and site plan
tt
review criteria, Section 5.
Minor revisions are defined as revisions which in no way violate the
intent or any of the standards or conditions of the permit or of the
zone.
b. Revisions other than minor revisions, as defined in subsection "a", may
be made pursuant to the regular conditional use permit procedure set
forth in this division.
c. All copies of the approved revised site plan shall be dated and signed
by the Director of Community Development and made a part of the
record of the subject conditional use permit. One copy of said
approved revised site plan shall be mailed to the applicant.
Section 12. Revocation
a. The Planning Commission, on its own motion may, and upon the
direction of the Council, shall hold a hearing upon the question of the
revocation of a conditional use permit granted under, or pursuant to,
the provisions of this division.
b. Written notice of such public hearing shall be served on the owner of
the property for which such conditional use permit was granted, at
least ten days before such public hearing. Said notice may be served
either personally or by registered mail, postage prepaid, return receipt
requested.
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;
t.
(2) That the conditional use permit was obtained by
misrepresentation or non-statement of facts;
t
(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;
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(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.
3
d. After a hearing upon the revocation of a conditional use permit, the
Planning Commission shall report its findings of fact and
recommendations to the Council which shall determine the facts and
may revoke, modify, or allow to remain unchanged, the conditional use
permit in accordance with the Council's final determination in such
matters.
Section 13. Existing Permits
Any conditional use permit granted prior to the effective date of this
ordinance shall be a conditional use permit under this ordinance subject to
all conditions imposed in such permit unless otherwise provided in this
division. Such permit may, however, be revoked or voided as provided in
Section 12.
Section 14. New Application
Following the denial of a 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.
Division I. Change of Zone or Change of Zoning Ordinance Text
Section 1. Zoning Map Amendment Procedure
The procedures set forth in this division 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.
Section 2. 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.
Section 3. Application - Filing - Contents
3
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.
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Section 4. 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.
Section 5. 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.
Section 6. 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 division shall be paid at the time of filing for such appeal.
Section 7. 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 five hundred
feet of the exterior boundaries of the subject property, pursuant to
Section 65854.5 of the Government Code and subject to the
L alternative therein.
Section 8. 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.
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Section 9. 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.
3
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.
Section 10. 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 findings 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 division.
Section 11. Council Action
3
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 subsection c. of Section 7. After the
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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
L 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.
Section 12. 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.
Section 13. 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
L . 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 subsection c. of Section 7 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.
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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.
Section 14. 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 Department of Community Development.
Section 15. 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 Director of Community Development.
Section 16. Periodic Revisions of Zoning Map
The Director of Community Development 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 zoning ordinance. No
changes shall be made upon such revised map that have not been made
through regular zones change procedure.
Section 17. Text Amendment Procedure
Any amendment to the text of this ordinance 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 division. However, these directory regulations are mandatory only to
the extent made so by the California Planning and Zoning Law.
Section 18. Initiation
a. The Planning Commission may initiate proceedings by motion and then
hold public hearings and make a recommendation as provided in this
division.
b. The City Council may initiate proceedings by motion and then submit
the matter to the Commission for public hearings.
Section 19. Staff Investigation
3
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
Corn mission.
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Section 20.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
L 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.
Section 21. 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.
Section 22. 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 subsection "b" of Section 20.
Section 23. 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".
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.
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Section 24. 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.
Section 25. New Application
3
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.
Division J. Variances
Section 1. 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.
Section 2. Variance in Use is 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.
Section 3. Findings
The granting of variances from any property development standard of this
Zoning Ordinance 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 the Zoning Ordinance 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
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e. That the granting of the variance is compatible with the objectives,
policies, general land uses and programs specified in any adopted
General Plan.
Section 4. 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 3. Notwithstanding any other
provision of this ordinance, a uniform fee, as established by the City
Council, shall be paid upon the filing of each application for a
variance. The Director 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 Director 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 (10) 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 five hundred (500) feet of the
exterior boundaries of the area described in the application, so stated
to be the subject of the meeting. Ownership of property shall be
determined by reference to the last adopted tax roll as it reads on the
date of certification of the roll by the Assessor.
c. Findings
If in the opinion of the Planning Commission, the necessary facts and
conditions set forth in Section 3 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
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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
3
applicant for variance in a timely manner. The decision shall become
effective fifteen (15) 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 of Division
H.
g. Voiding of Variances
Each variance granted under the provisions of this section shall
become null and void:
(1) Unless all conditions have been complied with and the occupancy
or use of the land or existing structures authorized by such
variance has taken place within one (1) year after the granting of
said variance.
(2) Where circumstances beyond the control of the applicant cause
delays which do not permit compliance with the time limitation
established in this section, the Director may grant an extension
of time for a period not to exceed an additional eighteen (18)
month period. Applications for such extension of time must set
forth in writing the reasons for the extension and shall be filed,
together with a fee as established by the City Council, with the
Planning Division thirty (30) calendar days before the expiration
of the variance.
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.
3
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Division K. Architectural and Site Plan Review
Section 1. Purpose
The purpose of architectural and site plan review (design review) is to:
a. Recognize the interdependence of land values and aesthetics and to
provide a method by which the City may implement this
interdependence to its benefit;
b. Encourage development of private property in harmony with the
desired character of the community and in conformance with the
guidelines herein provided with due regard to the public and private
interests involved;
c. Foster attainment of those sections of the City's General Plan which
specifically refer to the preservation and enhancement of the
particular character and unique assets of the City and its harmonious
development, through encouraging private and public interests to
assist in the implementation process;
d. Assure that the public benefits derived from expenditures of public
funds for improvement and beautification of streets and other public
structures and spaces shall be protected by the exercise of reasonable
controls over the character and design of buildings and open spaces, to
include street landscaping, median strips, parks, etc.
Section 2. Review Committees
There is hereby created an Architectural Review Committee which shall be
a committee responsible to and appointed by the Planning Commission.
The Architectural Review Committee shall consist of at least five (5)
members, of whom two (2) shall be licensed architects, one (1) shall be a
licensed landscape architect or landscape contractor, and two (2) shall be
members of the Planning Commission. The regular term of membership
(but more than one term can be served) of the Architectural Review
Committee shall be three (3) years. In addition, there shall be a
Development Services Committee which shall review all those projects
which are subject to Design Review. The membership of this Committee
shall be: the City Engineer, Fire Marshal, Police Department
representative, and Planning Division representative. The Development
Services Committee shall operate in tandem with the Architectural Review
Committee and shall be responsible for recommendations to the Planning
Commission and/or City Council relative to the members' areas of
expertise. The Architectural Review Committee and the Development
Services Committee shall hold pre-scheduled meetings for the review and
conduct of business where the applicant or his representative may be
present to participate in the review process. Three members of a
committee shall constitute a quorum for the transaction of business. The
affirmative or negative vote of a majority of the entire membership of a
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committee shall be necessary for it to take action. Each committee shall
establish its own rules and procedures not inconsistent with the intent of
this zoning ordinance or any other ordinances or laws of the City or State.
Section 3. Projects Requiring Review
Architectural and site plan review and approval by the Planning
Commission shall be required for projects on all of the following streets
and areas; for the specific uses listed, wherever located; and for any other
uses specifically required as stipulated in the Divisions of this zoning
ordinance:
a. East Palm Canyon Drive.
b. Date Palm Drive.
c. Cathedral Canyon Drive.
d. Ramon Road.
e. Vista Chino Drive.
f. Areas zoned and/or used for industrial purposes.
g. Churches.
h. Commercial and professional buildings.
i. Governmental buildings.
j. Hospital and health facilities.
k. All multiple residential units in excess of three dwelling units.
1. Service stations.
m. Mobile Home Parks. (Review shall apply to all common recreation
areas and exterior boundaries only. Review shall not be required for
individual mobile home sites.)
n. Tennis courts in all residential zones.
o. Any project for which architectural and site plan approval is required
by any section of this zoning ordinance or by any other regulation of
the City.
Section 4. Filing Procedures
a. Prior to application for a permit to erect, construct, alter, move,
remodel, reface or otherwise change, a building, structure or sign, in
connection with a project for which architectural and site plan
approval is required per section 3 above, an application for such
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approval shall be filed with the Director of Community Development.
Applications for conditional use permits and planned developments
shall require architectural and site plan approval.
b. An application for architectural and site plan approval shall be
supplemented by plans, drawings, photographs, renderings, samples of
materials and any other pertinent information, as required by the
Director of Community Development to adequately portray all
applicable aspects of a proposal.
Section 5. Evaluation
The Architectural Review Committee, the Development Services
Committee, and the Planning Commission, shall review applications and
arrive at recommendations or approvals as appropriate, by considering the
following elements and aspects for conformance with the purposes of this
division and of this zoning ordinance, and supplemental regulations and
plans related to community appearance as may be adopted from time to
time:
a. Site utilization, including: traffic circulation and safety on-and-off-
site; pedestrian circulation and safety; arrangement of off-street
parking and loading facitlites;
b. Architectural considerations, including: height, bulk, and area of
buildings; colors and types of building and installations; physical and
architectural relations with existing and proposed structures; height,
materials, colors, and variations in boundary walls, fences or screening
planting; exterior elevations of ALL sides of the proposed buildings or
structures; methods used to screen mechanical equipment from view;
c. Landscape and site treatment, including: consideration of types of
planting and vegetation, rock groupings, ground forms; lighting for
parking, and aesthetic uses of lighting;
d. Signs, including consideration of: number, location, color, size,
materials and lighting. Signs shall be part of the architectural concept
and arrangement, shall be harmonious with the building design and
shall be compatible with signs on adjoining buildings and properties.
Every sign shall have good scale in its design and in its visual
relationship to buildings and surroundings. The City's sign regulations
shall be considered part of the criteria of this subsection.
Section 6. Delegation
When authorized by the Architectural Review Committee or Planning
Commission, the Director of Community Development shall have authority
to approve (conditionally or otherwise) or disapprove specified project
items or portions of projects in light of the purposes and criteria set forth
in this ordinance, in cases where such items were not in sufficiently
finalized form to enable final review at the time the Architectural Review
Committee or Planning Commission took its action.
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Section 7. Authority
The review committees' authority shall be in the the form of a
recommendation only and shall include review of only development projects
as noted above.
Section 8. Time Limitations and Modifications
Architectural and site plan approval shall be good for one year from date
of notification of approval, unless a building permit has been issued and is
in effect. Upon request, minor modifications of a design review approval
may be approved by the Director of Community Development.
Section 9. Appeals
Any person aggrieved by any decision of the Planning Commission in
connection with architectural and site plan review may appeal to the City
Council as provided in Sections 2.04.100 et. seq., of the Cathedral City
Municipal Code. This provision shall not apply, however, in any case
wherein the decision of the Planning Commission would in some other
fashion come before the City Council for consideration and action, and in
which proceeding the person aggrieved as aforesaid would have the
opportunity to express the appeal to the City Council.
Section 10. Staff Review of Single-Family Residences, Duplexes and Signs
The staff of the Department of Community Development shall have
authority to perform architectural and site plan review and to impose
reasonable conditions in connection with such review, regarding
applications for the issuance of a building permit for single-family
dwellings, duplexes, triplexes and signs, and in connection with the
architectural and site plan approval required by subsection e. of Section 2,
Division A of Article IV of this zoning ordinance. The staff, on its own
initiative, may forward any such case to the Architectural Review
Committee in cases where it appears the proposal will be detrimental to
surrounding uses or will tend to detrimentally affect the value of
neighboring uses. In any such case, architectural and site plan approval by
the Planning Commission shall be required prior to issuance of the building
permit.
Division L. Accessory Buildings, Building Heights, Yards, Walls and Fencing
Section 1. Purpose and Intent
The purpose of this division is to list general requirements for accessory
buildings, building heights, yards, walls, and fencing which are not provided
within the regulations of each zoning district.
Section 2. Accessory Buildings
a. No garage or other accessory building shall be located in any R zone
without a permitted main building.
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b. Detached accessory buildings shall be at least ten feet from the main
building.
c. No detached accessory building shall be located closer than sixty feet
from the front property line.
d. Detached accessory buildings without fire-resistive walls shall be at
least four feet from a side or rear lot line. Detached accessory
buildings with fire-resistive walls shall be permitted at least two feet
from a side or rear lot line; provided, however, that any area three
feet or less shall be poured with a minimum of two inches of concrete
and finished to provide proper drainage.
e. Garages with automobile access from an alley shall not be closer than
twenty-five feet from the opposite property line of the alley.
f. No accessory building shall occupy any portion of the side yard on the
street side of the corner lot, and on a reversed corner lot no accessory
building shall be erected closer to the street than the building line of
the adjacent key lot.
Section 3. Building Heights
All buildings hereafter erected and existing buildings which may be
reconstructed, altered, moved, or 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, flagpoles, chimneys,
smokestacks, wireless masts or similar structures may be erected, above
the height limits prescribed in this ordinance, so long as the same may be
safely erected and maintained at such height in view of the surrounding
conditions and circumstances; but no roof structures or any space above
the height limit shall be allowed for the purpose of providing additional
floor space. Additionally, no such structure which is not necessary and
integral to the main building, such as flagpoles, masts, antennas and towers
shall be erected, installed or maintained, without a conditional use permit
pursuant to Article V, Division H.
Section 4. 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 ordinance and shall not be
reduced, diminished or maintained so that the yard or open spaces are
smaller than that prescribed by this ordinance, 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.
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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.
Section 5. 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 door shall not, when open or being opened, project beyond
the lot line.
Section 6. Yards - Permitted Projections
a. Fences, walls, hedges, and landscape architectural features, including
but not limited to, patios, open air grills, and similar features, may be
located in any front, side or rear yard; provided, however, said fences,
walls, hedges, and architectural features shall not exceed three feet in
height measured from the lowest point of elevation wherever said
fence, wall hedge, or architectural feature is located. A guard railing
around depressed ramps for personal safety protection may be located
in any front, side or rear yard; provided, however, said railing does not
exceed three feet in height at any one point.
b. 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.
c. 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.
d. 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
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not exceed thirty inches in height. Open, unenclosed stairways or
balconies not covered by a roof or a canopy may extend or project into
a required front yard not more than four feet.
Section 7. 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 ordinance, 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 R1 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) Swimming pools shall not be permitted in any required front
yard, but otherwise may be constructed within five feet of any
property line. Pump or filter installation for such swimming
pools shall be made not less than ten feet from an adjoining
property line except where a minimum five feet high block wall
is maintained extending a distance of two feet on each side of
such equipment and situated either between such equipment and
said property line or on said property line.
(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 RI or R2 zone, provided that
appropriate and necessary covenants, conditions and restrictions
are agreed upon and recorded by the involved property owners.
Section 8. Swimming Pool Enclosures
Swimming pools for R1 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
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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.
Section 9. 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
division.
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.
Section 10. 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 Director of Community
Development 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 Director.
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.
Section 11. 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;
3
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.
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Section 12. Permitted Enclosures
a. A fence, wall or hedge may be constructed, installed and maintained in
any permitted or required yard along the rear, interior or side lot line,
if said fence or wall or hedge does not exceed six feet in height at any
point; provided, however, such fence, wall or hedge shall not extend
into the required minimum front yard or into the required minimum
street side yard. For the purposes of this division, the height of any
fence or wall or hedge shall be measured from the highest ground
elevation immediately adjacent on either side of such fence or wall or
hedge.
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., 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.
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 stated in this ordinance, no
walls exceeding three feet in height at any one point thereof shall be
constructed, erected, installed or built on any portion of property
adjacent to any street or highway. The following are exceptions to the
height limit set forth in this subsection:
(1) Fence and wall heights may be permitted to be a maximum of
forty-two inches in the front yard setback area and the side yard
setback area on any residential lot subject to the following
conditions:
(a) Fence and wall height shall be measured from the abutting
sidewalk elevation or from the top elevation of retaining
I
structures upon which a wall is to be constructed.
(b) Fences and walls located in the side yards adjacent to the
street from the rear of the front setback line to the rear
property line may be constructed to a maximum height of
seventy-two inches.
(c) Pilasters shall be spaced eight to twelve feet apart.
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(d) Wrought iron bars shall be spaced a minimum of four inches
between parallel members.
(2) In the I-1 zone, if the required street side yard is adjacent to the
freeway right-of-way, and if the required street side yard area is
not visible from the adjacent freeway due to ground differential,
or if such side yard area abuts a currently landscaped freeway
right-of-way, then a fence or wall of any material and up to six
feet in height may be constructed within such setback area.
(f) The provisions of this Section shall not apply to a fence or wall as
required by any law or regulation of the State of California or any
agency thereof.
Division M. Adult Entertainment Businesses
The following regulations shall apply to the establishing or carrying on of any
adult entertainment business as hereinafter defined, within any district that
permits such use:
Section 1. Purpose
The City Council finds that the concentration of certain "adult
entertainment" businesses in the City of Cathedral City will tend to result
in the blighting and deterioration of the areas of such concentration.
Accordingly, it is necessary that these businesses be regulated in such a
manner as to prevent the erosion of the character of the affected
neighborhoods. By these regulations, it is intended to allow the
establishment of adult entertainment businesses only in certain commercial
and industrial zones and only in suitable areas or locations where such
businesses will not have a deleterious effect on adjacent residentially
zoned areas, schools, religious institutions, youth clubs, public parks, and
public buildings.
Section 2. Definitions
For the purposes of this division, certain terms and words are defined as
follows:
a. "Adult entertainment businesses" are those businesses defined as
follows:
(1) "Adult arcade" means an establishment where, for any form of
consideration, one or more motion picture projectors, slide
projectors, or similar machines, for viewing by five or fewer 3
persons each, are used to show films, motion pictures, video
cassettes, slides, or other photographic reproductions which are
characterized by an emphasis upon the depiction or description
of "specified sexual activities" or "specified anatomical areas".
(2) "Adult bookstore" means an establishment which has as a
substantial portion of its stock-in-trade and offers for sale or
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viewing for any form of consideration any one or more of the
following:
(a) Books, magazines, periodicals or other printed matter, or
photographs, films, motion pictures, video cassettes, slides,
or other visual representations which are characterized by
an emphasis upon the depiction or description of "specified
sexual activities" or "specified anatomical areas", or
(b) Instruments, devices, or paraphernalia which are designed
for use in connection with "specified sexual activities".
(3) "Adult cabaret" means a nightclub, bar, restaurant, or similar
establishment which features live performances which are
characterized by the exposure of "specified anatomical areas" or
by "specified sexual activities", or films, motion pictures, video
cassettes, slides, or other photographic reproductions which are
characterized by an emphasis upon the depiction or description
of "specified sexual activities" or "specified anatomical areas".
(4) "Adult motel" means a motel or similar establishment offering
public accommodations for any form of consideration which
provides patrons with closed-circuit television transmissions,
films, motion pictures, video cassettes, slides or other
photographic reproductions which are characterized by an
emphasis upon the depiction or description of "specified sexual
activities" or "specified anatomical areas".
(5) "Adult motion picture theater" means an establishment where,
for any form of consideration, films, motion pictures, video
cassettes, slides, or similar photographic reproductions are
shown, and in which a substantial portion of the total
presentation time is devoted to the showing of material which is
characterized by an emphasis upon the depiction or description
of "specified sexual activities" or "specified anatomical areas".
(6) "Adult theater" means a theater, concert hall, auditorium, or
similar establishment which, for any form of consideration,
regularly features live performances which are characterized by
the exposure of "specified anatomical areas" or by "specified
sexual activities".
(7) "Massage parlor" means any place where, for any form of
consideration or gratuity, massage, alcohol rub, administration
of fomentations, electric or magnetic treatments, or any other
treatment or manipulation of the human body occurs as a part of
or in connection with "specified sexual activities", or where any
person providing such treatment, manipulation, or service
related thereto, exposes "specified anatomical areas". The
definition of adult entertainment business shall not include the
practice of massage in any licensed hospital, nor by a licensed
physician, surgeon, chiropractor or osteopath, nor by any nurse
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or technician working under the supervision of a licensed
physician, surgeon, chiropractor or osteopath, nor by trainers for
any amateur, semiprofessional or professional athlete or athletic
team or school athletic program.
(8) "Sexual encounter establishment" means an establishment, other
than a hotel, motel, or similar establishment offering public
accommodations, which, for any form of consideration, provides
a place where two or more persons may congregate, associate, or
consort for the purpose of "specified sexual activities" or the
exposure of "specified anatomical areas". The definition of adult
entertainment business shall not include an establishment where
a medical practitioner, psychologist, psychiatrist, or similar
professional person licensed by the state engages in sexual
therapy.
b. The "establishment " of an adult entertainment business means and
includes any of the following:
(1) The opening or commencement of any such business as a new
business;
(2) The conversion of an existing business, whether or not an adult
entertainment business, to any of the adult entertainment
businesses defined in this division;
(3) The addition of any of the adult entertainment businesses
defined in this division to any other existing adult entertainment
business; or
(4) The relocation of any such business.
c. "Public building" means any building owned, leased or held by the
United States, the state, the county, the city, any special district,
school district, or any other agency or political subdivision of the state
or the United States, which building is used for governmental purposes.
d. "Public park" means a park, playground, swimming pool, reservoir, or
athletic field within the city which is under the control, operation, or
management of the city park and recreation authorities.
e. "Religious institution" means a building which is used primarily for
religious worship and related religious activities.
f. "School" means any public or private educational facility including
3
child day care facilities, nursery schools, preschools, kindergartens,
elementary schools, primary schools, intermediate schools, junior high
schools, middle schools, high schools, vocational schools, secondary
schools, continuation schools, special education schools, junior
colleges, and universities. School includes the schoolgrounds, but does
not include the facilities used primarily for another purpose and only
incidentally as a school.
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g. "Specified anatomical areas", as used in this division means and
includes any of the following:
(1) Less than completely and opaquely covered human genitals,
pubic region, buttocks, anus, or female breasts below a point
immediately above the top of the areolae; or
(2) Human male genitals in a discernibly turgid state, even if
completely and opaquely covered.
h. "Specified sexual activities", as used in this division, means and
includes any of the following:
(1) The fondling or other intentional touching of human genitals,
pubic region, buttocks, anus, or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, or sodomy;
(3) Masturbation, actual or simulated; or
(4) Excretory functions as part of or in connection with any of the
activities set forth in subdivisions (1) through (3) of this
subsection.
Section 3. Establishment of Businesses Regulated
The establishment of an adult entertainment business shall be permitted
only in a commercial or industrial zone in which such use is listed as
permissible by conditional use permit, and then shall be subject to the
following restrictions. No person shall cause or permit the establishment
of any of the following "adult entertainment" businesses, as defined above,
within 2,000 feet of another such business or within 1,000 feet of any
religious institution, school, boys' club, girls' club, or similar existing youth
organization, or public park or public building, or within 1,000 feet of any
property zoned for residential use or used for residential purposes: adult
arcade, adult bookstore, adult cabaret, adult motel, adult motion picture
theater, adult theater, massage parlor, or sexual encounter establishment.
Section 4. Measurement of Distance
The distance between any two adult entertainment businesses shall be
measured in a straight line, without regard to intervening structures, from
4 the closest exterior structural wall of each business. The distance between
any adult entertainment business and any religious institution, school, boys'
club, girls' club or similar existing youth organization, or public park or
public building, or any property zoned for residential use or used for
residential purposes shall be measured along the closest accessible route
over public streets or highways around any natural or man-made barriers,
from the closest exterior structural wall of the adult entertainment
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business to the closest property line of the religious institution, school,
boys' club, girls' club, etc., or public park or public building or the property
zoned for residential use or used for residential purposes.
Division N. Recreational Vehicle Park
Section 1. Purpose
This division is to provide for the proper development of short term
occupancy recreational vehicle parks, as opposed to semi-permanent or
permanent occupancy mobile home parks, and to provide a reasonable
compatibility with adjoining properties while allowing a diversity of uses.
Section 2. Definitions
In this division, unless the context otherwise requires:
a. "Recreational Vehicle" means as that term is defined in California
Health and Safety Code Section 18215.5.
b. "Recreational Vehicle Park" means a parcel of land under single
ownership, where one or more spaces are rented or leased or held out
for rent or lease to persons for occupancy of recreational vehicles,
whether or not a fee is charged for the use of the space.
c. "Recreational Vehicle Space" means that part of a recreational vehicle
park rented for the exclusive use of the occupants of a single
recreational vehicle. The recreational vehicle space shall include the
exclusive adjoining parking space and the required open space around
the recreational vehicle.
Section 3. Permitted Districts
A recreational vehicle park is permitted in the RR, OS-R and CTR districts
by Conditional Use Permit. Such a use is not permitted in any other
district. All such parks must be located to provide reasonable access to
federal and state highways, or major local travelways.
Section 4. Permitted Accessory Uses
The following accessory uses which are incidental and subordinate to a
recreational vehicle park are permitted.
a. Mobile Homes
Not more than three mobile home spaces may be provided to
accommodate mobile homes to be occupied by the owner, the
manager, or employees in the operation of the park. Such mobile
home spaces and mobile homes shall comply with all requirements and
definitions set forth in Mobile Home Park Standards (Division D of this
article).
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b. Single Family Residence
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 81-
7.2 Residential district. The minimum area requirement for this
residence shall be 6000 square feet. The residence may include office
space for use in connection with the park operation.
c. Social and Recreational Center with Components
Component uses will be permitted in a recreation or social center
complex provided:
(1) That there shall be no wholesale activity;
(2) That no merchandise or supplies shall be stored or displayed
outside the completely enclosed building;
(3) That there shall be no exterior advertising or sign except as
permitted for accessory uses only;
(4) That component uses shall not be in a building which is less than
100 feet from any property line of the park site;
(5) The component uses permitted are:
(a) Delicatessen, snack bar without on-site consumption of
alcoholic beverages, and food store; and
(b) Day nursery and child care center.
d. Private recreation uses for the use of the occupants of the park and
their guests, such as swimming pool, putting greens and shuffleboard
courts.
e. Laundry. Coin-operated laundry, and drycleaning pickup, provided
there shall be no drycleaning equipment; and
f. Shower, bath, and locker room facilities building.
Section 5. Prohibited Uses
Home occupations are specifically prohibited in recreational vehicle parks.
Section 6. Structures Permitted in Recreational Vehicle Parks
a. Recreational vehicles.
b. Accessory structures limited to the allowed accessory uses, including
but not limited to such structures as cabanas, storage buildings, and
awnings.
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Section 7. Regulations for Recreational Vehicle Parks
a. Maximum Heights: The lesser of 2 stories or 20 feet.
b. Maximum Density: 12 recreational vehicles per gross acre. The areas
occupied by the manager's unit(s), recreational and social center
complex may not be included in the area computation.
c. Minimum Area of Park: Two and one half (2-1/2) acres measured from 3
the property lines of the park.
d. Minimum Yard Setbacks of Recreational Vehicle Parks:
(1) Front yard 25 Feet
(2) Rear yard 10 Feet
(3) Interior side yards 10 Feet
(4) Street side yards 10 Feet
(5) All yards shall be measured perpendicularly from the property
line to the nearest point on any principal or accessory structures.
e. No principal or accessory structures, except fences and walls, shall be
placed in any required front, rear, or side yard.
f. Minimum distance between recreational vehicles in park: 10 feet.
g. Minimum distance between a recreational vehicle and an accessory
building: 10 feet.
h. Minimum setback from recreational vehicle park drives: Principal and
accessory structures and attached vehicles shall be set back at least 3
feet from all common drives.
i. Laundry drying yards shall be screened by an opaque hedge, wall or
fence not less than 5 feet in height.
j. 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 wall or fence 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, unless otherwise authorized by the
Director of Community Development.
k. Each recreational vehicle space shall front upon a common driveway
of not less than 24 feet in width and shall be paved and maintained in a
dust proof condition and be lighted. All entry roads to the park shall
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have clear and unobstructed access to a public street, and shall be
paved and maintained in a dust proof condition and be lighted.
1. There shall be no access to the recreational vehicle park except at
established common driveways, and there shall be no individual access
to an individual recreational vehicle space from any public street or
alley. Access shall not be more frequent than every 150 feet.
m. No recreational vehicle, or boat shall be stored or parked unattached
on a drive within a recreational vehicle park. Special storage areas
for unoccupied recreational vehicles and boats, shall be screened by an
opaque living hedge, masonry wall or fence not less than five (5) feet
in height and shall be clearly designated on the required plans.
Section 8. Site Plan Review
All recreational vehicle park developments shall be subject to a plan
review by the Planning Commission. Site plans shall indicate the proposed
use of all areas and the manner in which such areas will be treated,
including:
a. Boundary of property;
b. Location of structures and their proposed use;
c. Location of all drives showing access to and from and circulation
within the proposed development and relation to adjacent streets and
thoroughfares, and nearest state or federal highway;
d. Type and location of landscaping and screening;
e. Location of fire hydrants proposed within the development;
f. Location of sanitation pickup and access;
g. Proposed covenants for the development;
h. Parking spaces;
i. Calculations of:
(1) Units per acre;
t (2) Square feet of open space per unit;
(3) Average lot area; and
(4) Area of common usable open sapce.
j. Common usable open space: In any recreational vehicle park, common
usable open space shall be designated on the development plans for the
purpose of providing recreational facilities on one or more visually
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pleasing areas. Such space may contain the recreation center and
other social uses.
Division 0. Performance Standards
Section 1. Purpose and Intent
These performance standards shall be applied as described in this division
to provide protection to adjoining uses.
a. Performance standards for uses are applied on the basis of major land
use types as follows:
(1) Business Park (CBP-1, CBP-2) - Class A Standards; and
(2) Light Industrial (I-1) - Class B Standards.
b. Class A performance standards are the most restrictive of the
performance standards. They are utilized for the business park
districts.
c. Class B performance standards are employed for the light industrial
district. These standards are intended to provide for a broad range of
industrial activity while assuring a basic level environmental
protection.
Section 2. 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 65 dB(A) L50 as measured at the property line. Where a
structure is occupied by more than one use, the noise level shall not be
in excess of 60 dB(A) L10 as measured within the interior space of the
neighboring establishment. Noises caused by motor vehicles are
exempted from this standard.
b. Vibration
3
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.
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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.
Section 3. 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 75
dB(A) L10 as measured at the lot line of the lot containing the use.
Where a use occupies a lot abutting residential or office-commercial
zoned land, the noise level shall not exceed 65 dB(A) L10 as measured
at the common lot line. Noises caused by motor vehicles and trains
are exempted from this standard.
b. Vibration
All uses shall be operated so 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
E if more than one establishment occupies a structure. Vibration caused
by motor vehicles, trains, and temporary construction or demolition 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
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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
3
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.
Division P. Screening of Outdoor Storage and Trash Enclosures
Section 1. Purpose
The purpose of this division is to provide for fences, hedges and walls in
other than R1 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.
Section 2. 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 theref 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
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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).
L Section 3. 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.
Section 4. Adequacy of Screening
Adequacy of screening shall be subject to architectural and site plan
review (design review) per Article V, Division K of this ordinance.
Section 5. Nonconforming Properties
Properties which do not conform to the provisions of this division shall be
required to comply within the following periods of time:
a. For trash enclosures: One year from the date of official notification
of a violation, except:
(1) When a complete change of occupancy or use occurs, this
requirement shall be a part of any permit approval, 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 in excess of three thousand dollars, the trash
enclosure may be required.
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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.
Section 6. Variances
Properties which are unable to comply with the provisions of this division
shall be required to apply for a variance under the provisions of Article V,
Division J of this ordinance.
Division Q. Condominium Conversions
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 Article V,
Division H for any such condominium conversion project.
Division R. "Time-Share" Use or Occupancy of Land
Section 1. Definition
For the purposes of this division, 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 subsection (7) of Section 3.24.020 of
the Cathedral City Municipal Code, into twelve (12) or more time periods of
such rights or entitlements.
Section 2. 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
Zoning Ordinance, and in accordance with this division. No time-share
project shall be allowed in any case wherein condominium by-laws, or
covenants, conditions and restrictions expressly prohibit time-share uses.
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A conditional use permit shall be required in accordance with Article V,
Division H for any time-share project.
Section 3. 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 Department of
Community Development, in addition to any other application information
L or forms that may be necessary in the particular case.
Section 4. Transient Occupancy Tax Applicable
All time-share projects shall be subject to the provisions of the City's
Transient Occupancy Tax Ordinance.
Section 5. 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 Article V, Division H.
No application shall be approved unless, among other considerations, it
appears that more than 50% 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 5.a. above. 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;
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(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.
Division S. Flood Damage Prevention
Section 1. Findings, Purpose, Methods
a. Findings of fact
(1) The flood hazard areas of the City of Cathedral City are subject
to periodic inundation which results in loss of life and property,
health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for
flood protection and relief, and impairment of the tax base, all
of which adversely affect the public health, safety and general
welfare.
(2) These flood losses are caused by the cumulative effect of
obstructions in areas of special flood hazards which increase
flood heights and velocities, and when inadequately anchored
damage uses in other areas. Uses that are inadequately
floodproofed, elevated or otherwise protected from flood
damage also contribute to the flood loss.
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b. Statement of purpose
It is the purpose of this division to promote the public health, safety
and general welfare, and to minimize public and private losses due to
[
flood conditions in specific areas by provisions designed:
(1) To protect human life and health;
(2) To minimize expenditure of public money for costly flood control
projects;
(3) To minimize the need for rescue and relief efforts associated
with flood damage;
(4) To help maintain a stable tax base by providing for the secure
use and development of areas of special flood hazard so as to
minimize future blight areas;
(5) To insure that potential buyers are notified that property is in an
area of special flood hazard; and,
(6) To insure that those who occupy the areas of special flood
hazard assume responsibility for their actions.
c. Methods of reducing flood losses
In order to accomplish its purposes, this division includes methods and
provisions for:
(1) Restricting or prohibiting uses which are dangerous to health,
safety, and property due to water or erosion hazards, or which
result in damaging increases in erosion or in flood heights or
velocities;
(2) Requiring that uses vulnerable to floods, including facilities
which serve such uses, be protected against flood damage at the
time of initial construction;
(3) Controlling the alteration of natural flood plains, stream
channels, and natural protective barriers, which help
accommodate or channel flood waters;
(4) Controlling, filling, grading, dredging, and other development
t which may increase flood damage; and,
(5) Preventing or regulating the construction of flood barriers which
will unnaturally divert flood waters or which may increase flood
hazards in other areas.
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Section 2. Definitions
Unless specifically defined below, words or phrases used in this division
shall be interpreted so as to give them the meaning they have in common
usage and to give this division its most reasonable application.
a. "Appeal" means a request for a review of the Director of Community
Development's interpretation of any provision of this division or a
3
request for a variance.
b. "Area of shallow flooding" means a designated AO or VO Zone on the
Flood Insurance Rate Map (FIRM). The base flood depths range from
one to three feet; a clearly defined channel does not exist; the path of
flooding is unpredictable and indeterminate; and, velocity flow may be
evident.
c. "Area of special flood hazard" means the land in the flood plain within
a community subject to a one percent or greater chance of flooding in
any given year. This area is designated as Zone A, AO, AH, Al-30 on
the FIRM.
d. "Base flood" means the flood having a one percent chance of being
equalled or exceeded in any given year.
e. "Development" means any man-made change to improved or
unimproved real estate, including but not limited to buildings or other
structures, mining, dredging, filling, grading, paving, excavation or
drilling operations located within the area of special flood hazard.
f. "Existing mobile home park or mobile home subdivision" means a
parcel (or contiguous parcels) of land divided into two or more mobile
home lots for rent or sale for which the construction of facilities for
servicing the lot on which the mobile home is to be affixed (including,
at a minimum, the installation of utilities, either final site grading or
the pouring of concrete pads, and the construction of streets) is
completed before the effective dates of this division and of its
predecessor ordinance(s).
g. "Expansion to an existing mobile home park or mobile home
subdivision" means the preparation of additional sites by the
construction of facilities for servicing the lots on which the mobile
homes are to be affixed (including the installation of utilities, either
final site grading or pouring of concrete pads, or the construction of
streets).
3
h. "Flood" or "flooding" means a general and temporary condition of
partial or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters and/or
(2) The unusual and rapid accumulation of runoff of surface waters
from any source.
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4 , w "' n ti
i. "Flood Boundary Floodway Map" means the office map on which the
Federal Insurance Administration has delineated both the areas of
flood hazard and the floodway.
j. "Flood Insurance Rate Map (FIRM)" means the official map on which
the Federal Insurance Administration has delineated both the areas of
special flood hazards and the risk premium zones applicable to the
community.
k. "Flood Insurance Study" means the official report provided by the
Federal Emergency Management Agency that includes flood profiles,
the FIRM, the Flood Boundary Floodway Map, and the water surface
elevation of the base flood.
I. "Floodproofing" means any combination of structural and non-
structural additions, changes or adjustments to non-residential
structures which reduce or eliminate flood damage to real estate or
improved property.
m. "Flood-related erosion" means a condition that exists in conjunction
with a flooding event that alters the composition of the shoreline or
bank of a watercourse; one that increases the possibility of loss due to
the erosion of the land area adjacent to the shoreline or watercourse.
n. "Floodway" means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation
more than one (1) foot. The floodway is delineated on the Flood
Boundary Floodway Map.
o. "Habitable floor" means any floor usable for living purposes, which
includes working, sleeping, eating or recreation, or combination
thereof. For flood insurance purposes habitable floor and lowest floor
will share the same definition.
p. "Hazard Mitigation Plan" is a plan that incorporates a process whereby
the potential of future loss due to flooding can be minimized by
planning and implementing alternatives to flood plain development
community wide.
q. "Highest Grade" means the highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
r. "Mobile home" means a structure that is transportable in one or more
sections, built on a permanent chassis, and designed to be used with or
without a permanent foundation when connected to the required
utilities. It does not include recreational vehicles or travel trailers, or
manufactured housing on permanent slab foundation.
s. "New construction" means structures for which the "start of
construction" commenced on or after the effective dates of this
division and of its predecessor ordinance(s).
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t. "New mobile home park or mobile home subdivision" means a parcel
(or contiguous parcels) of land divided into two or more mobile home
lots for rent or sale for which the construction of facilities or
servicing the lot (including, at a minimum, the installation of utilities,
either final site grading or the pouring of concrete pads, and the
construction of streets) is completed on or after the effective dates of 3
this division and of its predecessor ordinance(s).
u. "Start of construction" means the first placement of permanent
construction of a structure (other than a mobile home) on a site, such
as the pouring of slabs or footings or any work beyond the stage of
excavation. Permanent construction does not include land
preparation, such as clearing, grading, and filling, nor does it include
the installation of streets and/or walkways; nor does it include
excavation for a basement, footings, piers or foundations or the
erection of temporary forms; nor does it include the installation on the
property of accessory buildings, such as garages or sheds not occupied
as dwelling units or not as part of the main structure. For a structure
(other than a mobile home) without a basement or poured footings, the
"start of construction" includes the first permanent framing or
assembly of the structure or any part thereof on its piling or
foundation. For mobile homes not within a mobile home park or
mobile home subdivision, "start of construction" means the affixing of
the mobile home to its permanent site. For mobile homes within
mobile home parks or mobile home subdivisions, "start of construction"
is the date on which the construction of facilities for servicing the site
on which the mobile home is to be affixed (including, at a minimum,
the construction of streets, either final site grading or the pouring of
concrete pads, and installation of utilities) is completed.
v. "Structure" means a walled and roofed building or mobile home that is
principally above ground.
w. "Substantial improvement" means any repair, reconstruction, or
improvement of a structure, the cost of which equals or exceeds 50
percent of the market value of the structure either;
(1) before the improvement or repair is started, or
(2) if the structure has been damaged and is being restored, before
the damage occurred. For the purposes of this definition,
"substantial improvement" is considered to occur when the first
alteration of any wall, ceiling, floor, or other structural part of
the building commences, whether or not the alteration affects
3
the external dimensions of the structure.
This term does not, however, include either:
(1) any project for improvement of a structure to comply with
existing state or local health, sanitary, or safety code
specifications which are solely necessary to assure safe living
conditions, or
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"•s� (
(2) any alteration of a structure listed on the National Register of
Historic Places or a State Inventory of Historic Places.
x. "Variance" means a grant of relief from the requirements of this
division which permits construction in a manner that would otherwise
be prohibited by this division.
T
>' Section 3. General Provisions
a. Lands to which this division applies
This division shall apply to all areas of special flood hazard within the
jurisdiction of the City of Cathedral City.
b. Basis for establishing the areas of special flood hazard
The areas of special flood hazard identified by the Federal Insurance
Administration, in the Flood Insurance Rate Maps, Panels 1580 and
1590 of Riverside County, dated April 15, 1980, are hereby adopted by
reference and declared to be a part of this ordinance. The said maps
are on file at the office of the Director of Community Development.
c. Compliance
No structure or land shall hereafter be constructed, located, extended,
converted, or altered without full compliance with the terms of this
division and other applicable regulations.
d. Abrogation and greater restrictions
This division is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this
division and another ordinance, easement, covenant, or deed
restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
e. Interpretation
In the interpretation and application of this division all provisions shall
be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and,
(3) Deemed neither to limit nor repeal any other powers granted
under state statutes.
f. Warning and disclaimer of liability
The degree of flood protection required by this division is considered
reasonable for regulatory purposes and is based on scientific and
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000575
engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man-made or natural
causes. This division does not imply that land outside the areas of
special flood hazards or uses permitted within such areas will be free
from flooding or flood damages. This division shall not create liability
on the part of the City of Cathedral City, any officer or employee
thereof, or the Federal Insurance Administration, for any flood
damages that result from reliance on this division or any
administrative decision lawfully made thereunder.
Section 4. Administration
a. Establishment of development permit
A Development Permit shall be obtained before construction or
development begins within any area of special flood hazard established
in Section 3.b. Application for a Development Permit shall be made
on forms, furnished by the Director of Community Development and
may include, but not be limited to, plans in duplicate scale showing the
nature, location, dimensions, and elevation of the area in question;
existing or proposed structures, fill, storage of materials, drainage
facilities; and the location of the foregoing. Specifically, the
following information is required:
(1) Proposed elevation in relation to mean sea level, of the lowest
habitable floor (including basement) of all structures; in Zone AO
elevation of existing grade and proposed elevation of lowest
habitable floor of all structures;
(2) Proposed elevation in relation to mean sea level to which any
structure will be floodproofed;
(3) Certification by a registered professional engineer or architect
that the floodproofing methods for any nonresidential structure
meet the floodproofing criteria in Section 5.a.(3); and,
(4) Description of the extent to which any watercourse will be
altered or relocated as a result of proposed development.
b. Designation of the Director of Community Development
The Director of Community Development is hereby appointed to
administer and implement this division by granting or denying
development permit applications in accordance with its provisions.
c. Authority of the Director
The authority vested hereby in the Director of Community
Development shall include, but not be limited to:
148
(1) Permit Review
(a) Review all development permits to determine that the
permit requirements of this division have been satisfied.
(b) Review all permits to determine if the site is reasonably
safe from flooding.
(c) Review all development permits to determine if the
proposed development adversely affects the flood carrying
capacity of the area of special flood hazard. For purposes
of this division, "adversely affects" means that the
cumulative effect of the proposed development when
combined with all other existing and anticipated
development will not increase the water surface elevation
of the base flood more than one foot at any point.
(d) Review all proposals for the development of 5 parcels or
more to determine whether the flood discharge exiting the
development after construction is equal to or less than the
flood discharge at the location prior to development.
(2) Use of Other Base Flood Data
When base flood elevation data has not been provided in
accordance with Section 3.b., BASIS FOR ESTABLISHING THE
AREAS OF SPECIAL FLOOD HAZARD, the Director of
Community Development shall obtain, review, and reasonably
utilize any base flood elevation data available from a Federal,
state or other source, in order to administer Section 5.
(3) Information to be Obtained and Maintained
Obtain and maintain for public inspection and make available as
needed for Flood Insurance Policies:
(a) the certified elevation required in Section 5.a.(3)(a)
(residential);
(b) the certification required in Section 5.a.(3)(b) (shallow
flooding);
(c) the floodproofing certification required in Section 5.a.(3)(c)
I (non-residential);
(d) the certified elevation required in Section 5.d.(2)
(subdivision); and
(e) the anchoring certification required in Section 5.e.(1)(d)
(mobile home).
(4) Alteration of Watercourses
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000576
(a) Notify adjacent communities and the California
Department of Water Resources prior to any alteration or
relocation of a watercourse, and submit evidence of such
notification to the Federal Emergency Management
Agency.
(b) Require that the flood carrying capacity of the altered or
relocated portion of said watercourse is maintained.
(c) Require that there shall be no obstruction to the natural
flow of flood waters that would divert or aggravate flood
damage on adjacent properties. Obstructions may include,
but are not limited to fences, solid block walls, earth
berms, etc.
(5) Interpretation of FIRM Boundaries
Make interpretations where needed, as to the exact location of
the boundaries of the areas of special flood hazards (for
example, where there appears to be a conflict between a mapped
boundary and actual field conditions). The person contesting the
location of the boundary shall be given a reasonable opportunity
to appeal the interpretation as provided in Section 6.
Section 5. Provisions for Flood Hazard Reduction
a. Standards of construction
In all areas of special flood hazards, the following standards are
required:
(1) Anchoring
(a) All new construction and substantial improvements shall be
anchored to prevent flotation, collapse or lateral
movement of the structure.
(b) All mobile homes shall meet the anchoring standards of
Section 5.e.(1).
(2) Construction Materials and Methods
(a) All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant
to flood damage.
(b) All new construction and substantial improvements shall be
using methods and practices that minimize flood damage.
(c) All elements that function as a part of the structure, such
as furnace, hot water heater, air conditioner, etc., shall be
150
elevated to or above the base flood elevation or depth
number specified on the FIRM.
(3) Elevation and Floodproofing
(a) New construction and substantial improvement of any
structure shall have the lowest habitable floor, including
basement, elevated to or above the base flood elevation.
Nonresidential structures may meet the standards in
Section 5.a.(3)(c). Upon completion of the structure the
elevation of the lowest habitable floor including basement
shall be certified by a registered professional engineer or
surveyor or verified by the local building inspector that
elevation requirements have been met. Notification of
compliance shall be recorded as set forth in Section
4.c.(3)(a).
(b) New construction and substantial improvement of any
structure in Zone AO shall have the lowest floor, including
basement, elevated to or above the depth number specified
on the FIRM. If there is no depth number on the FIRM, the
lowest floor, including basement, shall be elevated to a
depth of one foot above the highest adjacent grade.
Nonresidential structures may meet standards in Section
5.a.(3)(c). Upon completion of the structure compliance to
the elevation requirement shall be certified by a registered
professional engineer or surveyor or verified by the local
building inspector. Notification of compliance shall be
recorded as set forth in Section 4.c.(3)(b).
(c) Nonresidential construction shall either be elevated in
conformance with Section 5.a.(3)(a) or (b) or together with
attendant utility and sanitary facilities:
(i) be floodproofed so that below the base flood level
the structure is watertight with walls
substantially impermeable to the passage of
water;
(ii) have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of
bouyancy, and;
(iii) be certified by a registered professional engineer
or architect that the standards of this subsection
are satisfied. Such certification shall be provided
to the official as set forth in Section 4.c.(3)(c).
(d) Mobile homes shall meet the above standards and also the
standards in Section 5.e.
b. Standards for storage of materials and equipment
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(1) The storage or processing of materials that are in time of
flooding buoyant, flammable, explosive, or could be injurious to
human, animal or plant life is prohibited.
(2) Storage of other material or equipment may be allowed if not
subject to major damage by floods and firmly anchored to prevent
flotation or if readily removable from the area within the time
available after flood warning.
c. Standards for utilities
(1) All new and replacement water supply and sanitary sewage
systems shall be designed to minimize or eliminate infiltration of
flood waters into the system and discharge from systems into
flood waters.
(2) On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding.
d. Standards for subdivisions
(1) All preliminary subdivision proposals shall identify the flood
hazard area and the elevation of the base flood.
(2) All final subdivision plans shall provide the elevation of proposed
structure(s) and pads. If the site is filled above the base flood,
the final pad elevation shall be certified by a registered
professional engineer or surveyor and provided to the Director as
set forth in Section 4.c.(3)(c).
(3) All subdivision proposals shall be consistent with the need to
minimize flood damage.
(4) All subdivision proposals shall have public utilities and facilities
such as sewer, gas, electrical, and water systems located and
constructed to minimize flood damage.
(5) All subdivision proposals shall have adequate drainage provided
to reduce exposure to flood damage as set forth in Section
4.c.(1)(d). Certification of compliance shall be required of the
developer.
e. Standards for mobile homes and mobile home parks and subdivisions
(1) All mobile homes and additions to mobile homes shall be
anchored to resist flotation, collapse, or lateral movement by
one of the following methods:
(a) by providing an anchoring system designed to withstand
horizontal forces of 15 pounds per square foot and up-lift
forces of 9 pounds per square foot; or
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(b) by the anchoring of the unit's system, designed to be in
compliance to the Department of Housing and
Development Mobile Home Construction and Safety
Standards; or
(c) by providing over-the-top and frame ties to ground
,
anchors. Specifically:
(i) over-the-top ties be provided at each of the four
corners of the mobile home, with two additional
ties per side at intermediate locations, with
mobile homes less than 50 feet long requiring only
one additional tie per side;
(ii) frame ties be provided at each corner of the home
with five additional ties per side at intermediate
points, with mobile homes less than 50 feet long
requiring only four additional ties per side; and
(iii) all components of the anchoring system being
capable of carrying a force of 4,800 pounds.
(d) As set forth in Section 4.c.(3)(e), certification meeting the
standards above is required of the installer or state agency
responsible for regulating the placement, installation and
anchoring of individual mobile home units.
(2) Mobile Home Parks and Mobile Home Subdivisions
The following standards are required for (a) mobile homes not
placed in mobile home parks or subdivisions, (b) new mobile home
parks or subdivisions, (c) expansions to existing mobile home
parks or subdivisions and, (d) repair, reconstruction, or
improvements to existing mobile home parks or subdivisions that
equals or exceeds 50 percent of the value of the streets, utilities
and pads before the repair, reconstruction or improvement
commenced.
(a) Adequate surface drainage and access for a hauler shall be
provided.
(b) All mobile homes shall be placed on pads or lots elevated
on compacted fill or on pilings so that the lowest floor of
the mobile home is at or above the base flood level. If
elevated on pilings:
(i) the lots shall be large enough to permit steps;
(ii) the pilings shall be placed in stable soil no more
than ten feet apart; and,
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(iii) reinforcement shall be provided for pilings more
than six feet above the ground level.
(3) No mobile home shall be placed in a floodway, except in an
existing mobile home park or existing mobile home subdivision.
(4) Certification of compliance is required of the developer
responsible for the plan or state agency responsible for
regulating mobile home placement.
f. Standards for alluvial fan development
Areas subject to alluvial fan flooding are identified on the FIRM as
shallow flooding (AO Zones) with velocities.
(1) All new development in areas subject to alluvial fan flooding will
be elevated to or above the depth number on the FIRM and
designed to be protected from the velocity of the flood and
sediment flow.
(2) All new development proposals must submit an engineering
report identifying the methods recommended to protect the soils
from erosion, scour and sediment deposits.
g. Prohibition of encroachments and development in regulatory floodway
There is hereby prohibited any encroachments, including fill, new
construction, substantial improvements, and other development within
the adopted regulatory floodway that would result in any increase in
flood levels within the community during the occurrence of the base
flood discharge.
Section 6. Procedures for Appeals and Variances
a. Appeal Board
(1) The Planning Commission shall hear and decide appeals and
requests for variances from the requirements of this division.
(2) The Planning Commission shall hear and decide appeals when it
is alleged there is an error in any requirement, decision, or
determination made by the Director of Community
Development, pursuant to this division.
(3) Those aggrieved by the decision of the Planning Commission may
appeal such decisions to the City Council as provided in Sections
2.04.100 et seq. of the Cathedral City Municipal Code.
3
(4) In passing upon such applications, the Planning Commission shall
consider all technical evaluations, all relevant factors, standards
specified in other sections of this division, and:
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(a) the danger that materials may be swept onto other lands to
the injury of others;
(b) the danger to life and property due to flooding or erosion
damage;
(c) the susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the
individual owner;
(d) the importance of the services provided by the proposed
facility to the community;
(e) the necessity to the facility of a waterfront location,
where applicable;
' (f) the availability of alternative locations for the proposed
use which are not subject to flooding or erosion damage;
(g) the compatibility of the proposed use with existing and
anticipated development;
(h) the relationship of the proposed use to the comprehensive
plan and flood plan management program for that area;
(i) the safety of access to the property in times of flood for
ordinary and emergency vehicles;
(j) the expected heights, velocity, duration, rate of rise, and
sediment transport of the flood waters and the effects of
wave action, if applicable, expected at the site; and,
(k) the costs of providing governmental services during and
after flood conditions, including maintenance and repair of
public utilities and facilities such as sewer, gas, electrical,
and water systems, and streets and bridges.
(5) Generally, variances may be issued for new construction and
substantial improvements to be erected on a lot of one-half acre
or less in size contiguous to and surrounded by lots with existing
structures constructed below the base flood level, providing
items (a-k) in Section 6.a.(4) have been fully considered. As the
lot size increases beyond the one-half acre, the technical
justification required for issuing the variance increases.
(6) Upon consideration of the factors of Section 6.a.(4) and the
purposes of this ordinance, the Planning Commission may attach
such conditions to the granting of variances as it deems
necessary to further the purposes of this division.
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(7) The Director of Community Development shall maintain the
records of all appeal actions and report any variances to the
Federal Emergency Management Agency upon request.
b. Conditions for Variances
(1) Variances may be issued for the reconstruction, rehabilitation or
restoration of structures listed on the National Register of
Historic Places or the State Inventory of Historic Places,
without regard to the procedures set forth in the remainder of
this section.
(2) Variances shall not be issued within any designated floodway if
any increase in flood levels during the base flood discharge would
result.
(3) Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard,
to afford relief.
(4) Variances shall only be issued upon:
(a) a showing of good and sufficient cause such as renovation,
rehabilitation or reconstruction. Variances issued for
economic considerations, aesthetics or because variances
have been used in the past are not good and sufficient
cause;
(b) a determination that failure to grant the variance would
result in exceptional hardship to the applicant; and
(c) a determination that the granting of a variance will not
result in increased flood heights, additional threats to
public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public, or
conflict with existing local laws or ordinances.
(5) Any applicant to whom a variance is granted shall be given
written notice that the structure will be permitted to be built
with a lowest floor elevation below the base flood elevation and
that the cost of flood insurance will be commensurate with the
increased risk resulting from the reduced lowest floor elevation.
Division T. Special Provisions Applying to Miscellaneous Problem Uses
Section 1. 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.
156
Section 2. 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.
Section 3. 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.
Section 4. Landing Strips for Aircraft and Heliports
Landing strips for aircraft and heliports may be permitted by conditional
use permit in all zones.
Section 5. Rummage Sales
Rummage sales may be permitted by the Director in stores, garages,
churches, assembly halls or other indoor locations for a period, not to
exceed ten days and subject to the Director's approval of signing and
imposition of any other conditions to protect the public safety, health and
welfare.
Section 6. Garage Sales
"Garage" sales shall be restricted to merchandise of the tenant or owner of
the dwelling used for the sale, and may not exceed two days in duration,
and thirty days shall expire between such events.
Section 7. Temporary Construction Yards and Trailers
Temporary construction yards and trailers on construction sites shall be
subject to the Director'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.
Section 8. Christmas Tree Lots
Christmas tree lots shall be permitted by the Director subject to the
following conditions:
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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.
Section 9. Temporary Parking Lots
Temporary parking lots may be approved by the Director 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.
SECTION 2. PERMITS PREVIOUSLY APPLIED FOR. The changes of zoning
regulations and the changes of zones hereinabove referred to shall not prevent the
granting or approval of any permit or entitlement for a project conforming with the
prior existing zoning and the regulations in connection therewith, provided the due
application for such permit or approval was regularly on file with the City prior to
12:00 o'clock noon of May 2, 1984, and provided further that any such permit or
entitlement shall be subject to later revocation if the project for which it was issued
or approved is not diligently pursued to completion. For purposes hereof, the permit
or entitlement referred to above is intended to mean the permit or entitlement
constituting the main approval for a project to be constructed (not including mere
approval of a subdivision map). Once such main approval has been given, all
incidental permits or approvals necessary for later implementation of a project
shall, when filed, be deemed for these purposes to have been filed as of the date of
the application for main approval.
SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and
effect thirty (30) days after passage.
SECTION 4. POSTING. The City Clerk shall, within 15 days after passage of
this ordinance, cause it to be posted in at least the 3 public places designated by
resolution of the City Council; 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.
158
The foregoing ordinance was approved and adopted at a meeting of the City
Council held this 15th day of August , 1984, by
the following vote:
AYES: Councilmembers Krings, Martin, Murphy, Smith and Mayor Case
NOES: None
ABSENT: None
1
ditNit- / _
M • SR •
AtTTEST:
CITY CLERK
APPROVED AS TO FORM: AFP-ROVED AS TO CONTENT:
' 475't ' 5/61'44EL4i.KAiii0
ITY ATTORNEY CITY MANAG R
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I ''
i
1 7 1
I HEREBY CERTIFY that the foregoing Ordinance No. p was duly
adopted by the City Council of the City of C thedral City, California, in a
meeting thereof held on the /emu` day of 198 , and that
the same was posted within 15 days of the abo date in at least the three
public places specified for such postings by the said City Council.
/41/ / ,. /# /1-21
M ' XINE E. CL M
CITY CLERK
CITY OF CATHEDRAL CITY
000582