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.
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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;
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(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.
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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:
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(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.
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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 '
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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