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HomeMy WebLinkAboutOrd 80 ZONING ORDINANCE 80 AMENDED RESCINDED_ i AMENDED. J ESCINDED_ By Orrin DATE q-5-0 ��—RESCINDED_ BY�d lII DATE 7-/0'85 BY DATE i AMENDED RESCINDED "l AMENDED_RESCINDED_ BY O►r�8� DATE /D'3"$T QED—RESCINDED_ BY Ord/12 DATE T/�'8S BY DATE AMENDED_RESCINDED_ BY Ord 85 DATE/D-/7-fil AMENDED__RESCINDED_ AMENDED_RESCINDED._ BY DATE BY DATE AMENDED' RESC I NDED. BYDrd 90 DATE//-2I- AMENDED_RESCINDED_ ENDED—RESCINDED_ BY DATE BY DATE AMENDEDRESCINDED— AMENDED_RESC I ND ED_ BY Ord 93 /-I-$,-4� • ��—RESCINDED_ DATE B BY DATE BY DATE AMD;NDED • ESC INDED_ AMENDED_RESC I NDED__. BY Ord 94 DATE /2-5-Sal ` NDED--RESCINDED_ BY DATE BY DATE AMENDED_RESCINDED_.. ANENDED_RESCINDED_ BY On/ % DATE /2'/9-8'{ AMENDED_RESCINDED_ BY DATE BY DATE AMENDED'RESCINDED_ AMENDED_RESCINDED BY Ord 97 DATE 12-1q-S4 AMENDED_R.ESCINDED_ BY DATE BY HATE AMENDED_RESCINDED_ AMENDED__.RESCINDED_ BYOrd 98 DATE /-2-8'5 AMENDED_RESCINDED_ BY DATE BY DATE AMENDED_RESCINDED_ AMENDED_RESCINDED._ BYOB 99 DATE 2-G'IS AMR;NDED_RESCINDED_ BY DATE BY HATE AMENDED. RESCINDED_ AMENDED_RESCINDED_ BY O /03 DATE 3-6,"85 • ��—RESCINDED_ BY DATE BY _PATE AMENDED' RESCINDED_ AMENDED_RESCINDED_ BY Ord/05 DATE 4-17-85 • ��--RESCINDED__ BY DATE BY DATE AMENDED—• RESCINDED BYOB /Ob DATE 5"145 AMENDED—RESCINDED_ AMENDED_RESCINDED_ BY DATE BY DATE AMENDED' RESCINDED_ DED_RESCINDED_ AMENDED_RESCINDED_. BY Ord 109 DATE G-5 45 BY DATE BY DATE AMENDED�RESCINDED AMENDED_RESC I NDED AMENDED._RESCINDED_ BY Ord/l0 DATE 7-345 BY DATE BY DATE 0005.01 ORDINANCE NO. 80 AN ORDINANCE OF THE CITY OF CATHEDRAL CITY, CALIFORNIA,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. 2 J w t; .:T L t vi f, 0 L N 03 0 N cl d c4 vi E d 0 c o X a � g E 2 Eo 0 o 0 Z 71 la m a. o 0 0 F E Z v o o O o 0 0 0 (.7U o U •7 r .c • ■ O Z _=a 0 N L z Q cG_ 0 0 0 a. -O L r.l 2 _ O 0 O la K a 2 tv O O O O 0 V V. v H c4 c2 O 0 O O O 0 a � 0 0 0 0 0 0 0 0 0 0 6 5 Z p a. P. N D Z a �' _ ,� oG a c� f: c4 a c, a U a. — O p _ o (7D 1- �: n' oG U c U 0 4.)F�- c v, N C1 3 000503 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. 4 - knit Section 7. Apartment House A building or portion thereof designed for or occupied by two (2) or more families living independently of each other. I 9. Section 8. Attached Units 4 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. 5 000504 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. 6 .tit%fk 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. y Section 29. Commission The Cathedral City Planning Commission. Section 30. Compensation The word "compensation" means anything of value. 7 000505 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 1 laundry or cleaning pickup establishment, a launderette, or a coin- operated dry cleaning service, and where nonvolatile materials are used in the process. 8 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. 9 000506 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 3 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. 10 , # ;M'i 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. 11 000507 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. 12 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. 13 000508 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. 14 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. 15 000509 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. 16 . , "nrlfk ' / i .. 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 000512 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; 25 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. 71 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. 76 (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. 77 000540 (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, 78 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. 79 000541 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. 80 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. 81 000342 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 82 'lit L � .. 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. 83 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. 84 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. 85 000544 (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 86 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. 87 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: 88 (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. 89 000546 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. 90 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. 91 00054" 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 92 " rl (I 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 93 000548 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 94 . k.r t� 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 95 000549 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. 96 * "'(t 1rl 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: 97 000550 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 98 i fl)O 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 99 000551 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; 100 `'fl '\fl 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. 101 000552 (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. 102 t7 . (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: 103 000553 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. 104 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. 105 000554 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, 106 :' " 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. 107 000555 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 108 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; 109 000556 (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. 110 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. 111 000557 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 112 '0 � • 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. 113 000558 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. 114 _� }ir� 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. 115 000559 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 116 '' ' f1 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 117 000560 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. 3 118 n 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 119 000561 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 120 �! I' 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. 121 000562 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. 122 ' �� +� 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. 123 000563 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 124 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 125 000564 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. 126 n ,;, r r 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. 127 000565 (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 128 c, , • 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 129 000566 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. 130 ' lt .,_ E 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 131 000561 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). 132 t, tt 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. 133 000563 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 134 • 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 135 000569 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. 136 fl 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 137 000570 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 138 �� ,p :11 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. 139 ' 000571 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. 140 .> 3 _3 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; 141 000572 (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. 142 -.r, ,°117► 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. 143 000573 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. 144 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). 145 000574 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 146 "•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 147 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 149 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 151 000577 (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 152 (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, 153 000573 (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: 154 • (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. 155 000579 (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: 157 000580 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 159 000581 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