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HomeMy WebLinkAboutOrd 206 ORDINANCE NO. 206 AN ORDINANCE OF THE CITY OF CATHEDRAL CITY REVISING/AMENDING CHAPTER 5.03, 5.28 AND 5.64 OF THE CATHEDRAL CITY MUNICIPAL CODE RELATING TO ACTIVITIES INVOLVING OUTDOOR MERCHANDISING, ICE MACHINES AND SPECIAL ADVERTISING DEVICES AND REVISING/AMENDING THE ZONING ORDINANCE BY MODIFYING THE SIGN REGULATIONS REGARDING TEMPORARY ADVERTISING DEVICE, TEMPORARY SIGNS AND VENDING MACHINES. The city council of the City of Cathedral City does ordain as follows: SECTION 1. Pursuant to state and local environmental guidelines, it has been determined that the regulations encompassed in this ordinance are not considered to have a significant impact on the environment and therefore a negative declaration is approved. SECTION 2. Chapter 5.03 of the Cathedral City Municipal Code, concerning outdoor merchandising is hereby amended as follows: Chapter 5.03 Activities Involving Outdoor Merchandising Sections: 5.03.010 Outdoor Retail Activities on Public Property 5.03.020 Outdoor Sales Event on Private Property 5.03.030 Permit Procedures for Non-Profit Outdoor Sales 5.03.040 Approval Process 5.03.010 Outdoor retail activities on public property. It is unlawful for any person to use or occupy any public right-of-way, park, other publicly owned or controlled place, for the sale, soliciting, advertising, distribution or display of goods, wares, merchandise, or services. This section shall not be deemed to apply to the sale of news publications or for activities sponsored by a public agency or other nonprofit organization per the procedures contained herein. 5.03.020 Outdoor sales event on private property. It is unlawful for any person to use or occupy any area outside any structure or city approved outside display area, for purposes of physically selling, distributing or displaying goods, wares, merchandise, or services. Activities sponsored by a public agency or charitable non-profit organization are exempt and may be approved per the procedures contained herein. - 1 - 001115 5.03.030 Permit procedure for non-profit outdoor sales. Application for a permit for any public agency or charitable non-profit organizations as required by this chapter shall be filed with the Director of Community Development. Said application shall include a general description of the operation of the event, a description of the purpose of the proceeds of the sale, a listing of the items to be sold, a copy of the applicant's liability insurance and a list of all profit-making vendors that would be allowed on-site. Permits are to be processed by the Director of Community Development. He may, however, at his discretion, refer such an application to the City Council for consideration. The Director of Community Development is authorized to review such applications and issue such temporary permits based on the following conditions: a. No sale permitted pursuant to this section shall exceed 5 consecutive days in duration at any one time, nor more than 2 times per year. b. Circulation and safety plans shall be approved prior issuance of a permit. 5.03.040 Approval process. The Director of Community Development shall complete all approvals based upon a report for traffic, safety, and general operation of the event. All decisions by the Director of Community Development may be appealed to the City Council . The Director of Community Development may also elect to forward any application to the City Council for approval if it is determined that there are special circumstances requiring City Council review. SECTION 3. Chapter 5.28 of the Cathedral City Municipal Code concerning Ice Vending Machines is hereby deleted. SECTION 4. Chapter 5.64 of the Cathedral City Municipal Code concerning outdoor advertising devices is hereby deleted: SECTION 5. Subsection e of Section 3 of Division B of Article V of Cathedral City Zoning Ordinance concerning development standards of the Planned Community Commercial zone is hereby amended to read: The following standards of development shall apply in the PCC district: (1) Lot size and configuration standards shall be the same as those in the PLC district; (2) Maximum building height shall be thirty-six feet; (3) 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) of in the servicing of materials; (4) All signs shall conform to the standards of the sign regulations; - 2 - C01116 (5) 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 (6) 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. (7) All goods, wares, merchandise, produce and other commodities which are stored, repaired, offered or displayed for sale or exchange shall be housed in permanent buildings unless being transported, with the exception of business operations customarily transacted out-of-doors, such as but not limited to: Operation of gasoline sales at an automobile service station Vehicle sales or rental agencies Outdoor dining Plant nursery sales Statuary or tombstone sales Patio furniture displays All of the above permitted outdoor uses are to be conducted in an area approved per Design Review or by the Director of Community Development and that shall not conflict with required parking areas or with pedestrian or vehicular movement. In no case, however, shall the approved area be within 10 feet of street frontage property line. SECTION 6. Subsection a of Section 1 of Division C of Article V of the Cathedral City Zoning Ordinance concerning signs is hereby amended to read: a. Among the purposes of this division is to implement the goals and policies of the General Plan, by preserving and enhancing the visual aspects of the city's streets and highways. This division is also intended to provide for a more orderly presentation of advertising displays and identification of properties within the city which are zoned commercial , industrial , and residential ; and to further bring those devices in harmony with the building, the neighborhood, and other signs in the area by regulating and controlling the location, design, quality of materials, illumination, and maintenance of signs and sign structures. The number, area and height of allowed signs as outlined in this division are intended to be maximum standards which do not necessarily ensure architectural compatibility. Therefore, in addition to the enumerated standards, consideration shall also be given to the proposed sign's relationship to the overall appearance of the subject property as well as the neighborhood and community goals. Compatible design, simplicity and sign effectiveness are to be used as guidelines for sign approval regardless of the maximum height, area and number of signs allowed by this Division. 3 - C01117 Whenever the application of this Ordinance is uncertain due to ambiguity of its provisions, the question shall be referred to the Planning Commission for determination. The Planning Commission shall then authorize signing which best fulfills the intent of this Ordinance. SECTION 7. Paragraph 1 of Subsection a of Section 3 of Division C of Article V of the Cathedral City Zoning Ordinance concerning prohibited signs is hereby amended to read: (1) Signs which rotate, move, flash, reflect, blink, or appear to do any of the foregoing, shall be prohibited unless required by law or utilized by a proper governmental agency, with the exception of approved time and temperature displays; SECTION 8. Subsection m of Section 4 of Division C of Article V of the Cathedral City Zoning Ordinance concerning Permitted signs, is hereby added as follows: "m. Temporary Signs Temporary signs, including advertising devices may be allowed for special sales programs by permit approved by the Director of Community Development. This type of special sales program shall be limited to grand openings, seasonal sales, legal holidays, and charitable promotions. The program shall not be on a continuing basis for permanent advertising or identification purposes. Each permit shall be issued for no more than 14 days at a time or more than 2 times per year. No permits shall be issued if the Director of Community Development finds that the temporary sign applied for would constitute a traffic hazard of a nuisance to adjacent or surrounding properties or to the public at large, or would be detrimental to the public convenience or welfare. Conditions may be attached to any permit issued, to assure the above is met. Tethered hot air balloons, and other inflatable objects larger than 20 feet in height and banners larger than 20 square feet, are not permitted under the provisions of this section. Request for temporary sign approval shall be made through application forms provided by the Director of Community Development. The application and fee in an amount established by resolution of the city council shall be submitted to the Department of Community Development." SECTION 9. Subsection n of Section 4 of Division C of Article V of the Cathedral City Zoning Ordinance concerning searchlights is hereby added as follows: "n. Searchlights. Searchlights or other devices which project a beam of light into the sky shall be permitted with approval of a temporary sign permit by the Director of Community Development provided the following conditions shall be met: - 4 - C31118 (1) Permits shall be issued for grand openings only. A grand opening shall commemorate an initial building opening, a change in ownership of an existing business, a remodel of over 50% of the floor area or a new business in an existing building; (2) Applications shall be accompanied by a certificate from the manager of the Palm Springs Municipal Airport and from an authorized officer of the Federal Aviation Agency. Said certificates shall state that the federal agency concerned, has no objection to the proposed operation of a searchlight or other device at the time(s), location(s) , intensity and under other circumstances as proposed in the application. (3) Permits shall be issued for no more than 72 hours of duration; (4) Searchlights shall not be operated so as to constitute a traffic hazard or a nuisance to adjacent or surrounding properties; (5) Searchlights shall be operated so as to avoid directing the beam at any building; (6) Searchlights shall be so operated that the beam is not displayed at an angle greater than forty-five degrees from the vertical ; (7) Equipment shall be kept on private property and shall not be allowed within the public right-of-way. (8) The applicant shall be required to show evidence of insurability by having liability and property damage insurance in force at all times during the time a permit is in effect in sufficient amounts to protect permittee from liability, and to hold the city harmless from any damages, claims or causes of action, by reason of the issuance of the permit and operation of a special advertising device." SECTION 10. Subsection f Section 5 of Division C of Article V of Cathedral City Zoning Ordinance concerning special permits is hereby deleted and subsequent paragraphs enumerated. SECTION 11. Section 6 of Division C of Article V is concerning the permitted sign schedule matrix is hereby added as follows: '! Section 6. Sign Schedule The following sign schedules contain sign development standards for all zones. - 5 - C 1119 a; as E ooE .0 0 a°i �° ~ ar E22 ) EZ 0 c � :r as ` 3 a c «+ CI; 0 0E 1 E 2I 3 0Eg is a g3 • 3 b1 = lm _ m _ •" g 1. z E E 0 < s a 3 � 3 E. of oT 01 x .. a .• a 02 Ca as � = ca 3 c� .1. vi cE 1...• oo 'n m hit en � z 4 v v . .., , . , • .... , • 4a 0 ,... 0 — • V c; Z � O , tN iIiI:1 1 C7} d N .00. r, N e7 N M 0, a all O eu v 44 i L Loa E o to to to I. O 14 I F 3 3 Ii . 3 V1 C oq• C W -00 C w w al C O C O •WI .0 E c 'p 0 ca c a, •. a� !f a " 0 y .aa C8C w 2 Eo a Er as L. 413 c e c c = E O E 16 ' , C 43 $ v as MI k '~ o $ = E 40.4E U a. z .» a 8 ., Ea•' a E=' 2 Es O ad _ - 112 - 001120 a) C) •0 w ":.0) 4 C ) 2 dp C .. `'t O L „,4..+ O ti C/) 0E w Cr •3 o4o ` as d `� m �� � �w' � a 2 c ai .r N .E a) C) oe`cG � GCG E x `..l' �4� 0E � w t cn E, z W H G C 2 y 0 O C) .:r 0) i.. U �j 773 ,v •y v Ww 0) y , C) 0 �II v, x A :12 a. 43 :2a. y C C W �V . 2 O . 0 .+ Z E... 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Z �' �' �. as 3 � > 2 ✓ O .� y 4 f caz▪ p pa E5 4 �: O x o� X 1' 24.1 r V . w = VWrao «+ t im O G -. 3 35V pasE ; a o U x �Q � S : ,J5t3 : 11_ .=3 o ff i 0 0 I: ar F w w 3 i .r _ _ r C 7,7sti .8 .r � *r d' C 7 C v L 0 .0b C Q V v i, 2 4 8 0 G l C N 44 t vs N 4 8 = 3 V vc 4 -2 Revised 12/85 - 114 - 031122 � E B ul la i i i . . al - !el . , C X != : h eel = c 0 • P z [ id W ' Q it < g WM 0 Igidl Pla v a ii !I 4 < G < . cat x • • . r z )ez $ t - v = xa O • � fag r m r 40 t < z re" 31 ri si VI - X ; Eggs !.fit ilk . m s s e o ? a s r �► p� Iii a = 2(mie t E 0 w U us so - - 115 - C01123 SECTION 12. Section 11 of Division T of Article V of Cathedral City Zoning Ordinance is hereby added as follows: "11. Vending machines. All Vending machines, including but not limited to ice, beverage, cigarette, tobacco products, and snacks, shall be located in an area enclosed on at least 3 sides with a solid wall at least 6 feet in height. These structures and their locations shall be approved through the Design Review process. Not withstanding the above, the Planning Commission may permit an exception by allowing vending machines in other locations if it is found that the vending machine cannot properly function in the required enclosure. This section shall not be deemed to apply to the sale of news publications." SECTION 13. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after passage. SECTION 14. POSTING. The City Clerk shall within 15 days after the 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. The foregoing ordinance was approved and adopted at a meeting of the City Council held on February 17 , 1988 by the following vote: Ayes: Council members Di Grandi, Hillery, Krings, Murphy and Mayor Paquette Noes: None Absent: None i " AIR ' ATTEST: /,/ r, CIT, C ERK _- APPROVED AS TO/FORM , APPROVED TO ONTENT: G2e mil- �� r V i i CITY ATTORNEY `TY " ER ' - 6 - C01124 THEREBY CERTIFY, UNDER PENALTY OF PERJURY, THAT THE 4 FOREGOING ORDINANCE NO WAS DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA.IN A MEETING THEREOF HELD ON THE P14-h DAY OF Vphroart ,198E_., AND THAT SAME WAS POSTED IN AT LEAST THE THREE PUBLIC PLACES SPECIFIED FOR SUCH POSTINGS, BY THE SAID CITY COUNCIL. / -/-,,,,,,-/ , e - CITY CLERK 001125