HomeMy WebLinkAboutOrd 212 ORDINANCE NO. 212
AN ORDINANCE OF THE CITY OF CATHEDRAL CITY
ADDING DIVISIONS G, H & I TO ARTICLE II OF THE
ZONING ORDINANCE CONCERNING SCOPE OF
1: ORDINANCE, CONFLICT AND CLARIFICATIONS OF
REGULATIONS AND USE DETERMINATION PROCEDURES
AND AMENDING VARIOUS SECTIONS OF DIVISIONS A
THROUGH F, OF ARTICLE IV OF SAID ORDINANCE
CONCERNING PROHIBITED USES CLAUSES AND THE
HILLSIDE OVERLAY APPLICABILITY PROVISIONS AND
DETERMINING PROJECT AS CATEGORICALLY EXEMPT.
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 that it is a
categorically exempt project pursuant the California
Environmental Quality Act.
SECTION 2. Division G of Article II of the Cathedral City
Zoning Ordinance hereby is added to read as follows:
Division G. Scope
No building, or part thereof, shall hereafter be erected,
altered, or used, and no parcel of land shall be used, except in
conformity with the provisions of this ordinance. The express
enumeration and authorization in this ordinance of a particular
class of building, structure, or use in a designated zoning
district shall be deemed a prohibition of such building,
structure, or use in all other zones, except as otherwise
specified. Any use not listed as permitted shall be deemed
prohibited, unless the Planning Commission, upon request,
determines the use to be a permitted "similar use" under the
procedures specified in Division I of Article II.
SECTION 3. Division H of Article II of the Cathedral City
Zoning Ordinance hereby is added to read as follows:
1: Division H. Conflicts and Clarifications
The provisions of this ordinance are not intended to
interfere with or void any easements, covenants, or other
existing agreements which are more restrictive than the
provisions of this zoning ordinance.
Section 1. Conflict with other Regulations
Whenever the provisions of this ordinance impose more
restrictive regulations upon buildings or structures, or
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on the use of lands, or require larger open spaces,
yards, or setbacks or otherwise establish more
restrictive regulations than are imposed or required by
any other law, title, ordinance, code or regulation, the
provisions of this ordinance shall govern.
Section 2 . Clarification of Ambiguity
If ambiguity arises concerning the appropriate
classification of a particular use within the meaning
and intent of this ordinance, or if ambiguity exists
with respect to matters of height, yard requirements,
area requirements or district boundaries as set forth
herein, it shall be the duty of the Planning Commission
to ascertain all pertinent facts and by resolution of
record set forth the findings and the interpretations.
Section 3. Statutory Authority in Case of Conflicting
Provisions
Nothing in this ordinance shall be deemed to affect,
annul or abrogate any other ordinances pertaining or
applicable to the properties and areas affected by this
ordinance. In the event that a conflict does arise, the
more restrictive ordinance requirement shall apply.
SECTION 4. Division I of Article II of the Cathedral City
Zoning Ordinance hereby is added to read as follows:
Division I. Use Determination
Section 1. Purpose and Initiation
In order to ensure that the zoning ordinance will permit
all similar uses in each district, the Planning
Commission, upon its own initiative or upon written
request shall determine whether a use not specifically
listed as permitted, accessory or temporary use in any
district shall be deemed a permitted use or conditional
use in one or more districts on the basis of similarity
to uses specifically listed. The procedures of this
section shall not be substituted for the change of
zoning ordinance text procedure as a means of adding new
uses to the list of permitted or conditional uses.
I: Section 2. Application
Application for determination of similar uses shall be
made in writing to the Director of Community Development
and shall include a detailed description of the proposed
use and such other information as may be required by the
Director to facilitate the determination.
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Section 3 . Investigation and Report
The Director of Community Development shall compare the
proposed use characteristics with the General Plan goals
and objectives as well as the purposes of each of the
use districts and may determine if the proposed use
should be a permitted or conditional use in any of the
districts and shall make a report of his findings to the
Planning Commission.
Section 4 . Decision
The Planning Commission shall base its decision upon
meeting the following findings:
a. The use in question is similar to other permitted
or conditionally permitted uses in the same
district. Said use shall be of a similar or less
intensive nature than uses being compared within
the district. Use characteristics to be evaluated
shall include, but not be limited to: typical
development requirements such as access and parking
demands, building enclosure/outdoor use,
environmental impacts (i.e. , noise, dust,
vibration, heat, glare, presence and handling of
hazardous materials, etc. ) , nature of business
(wholesale, retail, service, manufacturing, etc. ) ,
construction type, typical public service demands
(water, sewer, fire protection, etc. ) .
b. The use in question meets the purpose and intent of
the district in which it is proposed.
c. The use in question meets and conforms to the
applicable goals and objectives of the General
Plan.
Section 5. Determination
The determination of the Planning Commission by
resolution shall be effective ten (10) calendar days
after the date of decision unless appealed to the City
Council by written appeal filed with the City Clerk. ,
1: SECTION 5. Subsection f, Section 1 of Division A, Article
IV (RU Zone) hereby is amended to read as follows:
f. Prohibited Uses
1. Uses not listed in this section are expressly
prohibited. No land shall be used nor
buildings and structures hereafter be erected,
altered, enlarged, or otherwise modified in
this zoning district unless said use and
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improvement is in compliance with the district
provisions.
2 . Outdoor advertising displays and billboards
are expressly prohibited.
SECTION 6. Subsection f, Section 2 of Division A, Article
I:
IV (R1 Zone) hereby is amended to read as follows:
f. Prohibited Uses
1. Uses not listed in this section are expressly
prohibited. No land shall be used nor
buildings and structures hereafter be erected,
altered, enlarged, or otherwise modified in
this zoning district unless said use and
improvement is in compliance with the district
provisions.
2 . Outdoor advertising displays and billboards
are expressly prohibited.
SECTION 7. Subsection d, Section 3 of Division A, Article
IV (R2 Zone) hereby is amended to read as follows:
d. Prohibited Uses
1. Uses not listed in this section are expressly
prohibited. No land shall be used nor
buildings and structures hereafter be erected,
altered, enlarged, or otherwise modified in
this zoning district unless said use and
improvement is in compliance with the district
provisions.
2 . Outdoor advertising displays and billboards
are expressly prohibited.
SECTION 8. Subsection f, Section 4 of Division A, Article
IV (RM Zone) hereby is amended to read as follows:
f. Prohibited Uses
1. Uses not listed in this section are expressly
prohibited. No land shall be used nor
buildings and structures hereafter be erected,
altered, enlarged, or otherwise modified in
this zoning district unless said use and
improvement is in compliance with the district
provisions.
2 . Outdoor advertising displays and billboards
are expressly prohibited.
SECTION 9. Subsection f, Section 5 of Division A, Article
IV (R3 Zone) hereby is amended to read as follows:
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f. Prohibited Uses
1. Uses not listed in this section are expressly
prohibited. No land shall be used nor
buildings and structures hereafter be erected,
altered, enlarged, or otherwise modified in
this zoning district unless said use and
improvement is in compliance with the district
provisions.
2 . Outdoor advertising displays and billboards
are expressly prohibited.
SECTION 10. Subsection f, Section 6 of Division A, Article
IV (RH Zone) hereby is amended to read as follows:
f. Prohibited Uses
1. Uses not listed in this section are expressly
prohibited. No land shall be used nor
buildings and structures hereafter be erected,
altered, enlarged, or otherwise modified in
this zoning district unless said use and
improvement is in compliance with the district
provisions.
2 . Outdoor advertising displays and billboards
are expressly prohibited.
SECTION 11. Subsection f, Section 7 of Division A, Article
IV (RR Zone) hereby is amended to read as follows:
f. Prohibited Uses
1. Uses not listed in this section are expressly
prohibited. No land shall be used nor
buildings and structures hereafter be erected,
altered, enlarged, or otherwise modified in
this zoning district unless said use and
improvement is in compliance with the district
provisions.
2 . Outdoor advertising displays and billboards
are expressly prohibited.
SECTION 12. Subsection d, Section 1 of Division B, Article
IV (PPO Zone) hereby is amended to read as follows:
d. Prohibited Uses
1. Uses not listed in this section are expressly
prohibited. No land shall be used nor
buildings and structures hereafter be erected,
altered, enlarged, or otherwise modified in
this zoning district unless said use and
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improvement is in compliance with the district
provisions.
2 . Outdoor advertising displays and billboards
are expressly prohibited.
3. Manufacturing uses are expressly prohibited.
SECTION 13. Subsection d, Section 2 of Division B, Article
IV (PLC Zone) hereby is amended to read as follows:
d. Prohibited Uses
1. Uses not listed in this section are expressly
prohibited. No land shall be used nor
buildings and structures hereafter be erected,
altered, enlarged, or otherwise modified in
this zoning district unless said use and
improvement is in compliance with the district
provisions.
2 . Outdoor advertising displays and billboards
are expressly prohibited.
3 . Manufacturing uses are expressly prohibited.
SECTION 14. Subsection d, Section 3 of Division B, Article
IV (PCC Zone) hereby is amended to read as follows:
d. Prohibited Uses
1. Uses not listed in this section are expressly
prohibited. No land shall be used nor
buildings and structures hereafter be erected,
altered, enlarged, or otherwise modified in
this zoning district unless said use and
improvement is in compliance with the district
provisions.
2. Outdoor advertising displays and billboards
are expressly prohibited.
3 . Manufacturing uses are expressly prohibited.
SECTION 15. Subsection d, Section 4 of Division B, Article
IV (CTR Zone) hereby is amended to read as follows:
d. Prohibited Uses
1. Uses not listed in this section are expressly
prohibited. No land shall be used nor
buildings and structures hereafter be erected,
altered, enlarged, or otherwise modified in
this zoning district unless said use and
improvement is in compliance with the district
provisions.
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2 . Outdoor advertising displays and billboards
are expressly prohibited.
3 . Manufacturing uses are expressly prohibited.
SECTION 16. Section 5 of Division B, Article IV (CBP-1
Zone) hereby is amended by adding a new subsection b, and
reenumerating all other subsections, to read as follows:
b. Prohibited Uses
Uses not listed in this section are expressly
prohibited. No land shall be used nor buildings
and structures hereafter be erected, altered,
enlarged, or otherwise modified in this zoning
district unless said use and improvement is in
compliance with the district provisions.
SECTION 17. Section 6 of Division B, Article IV (CBP-2
Zone) hereby is amended by adding a new subsection b, and
reenumerating all other subsections, to read as follows:
b. Prohibited Uses
Uses not listed in this section are expressly
prohibited. No land shall be used nor buildings
and structures hereafter be erected, altered,
enlarged, or otherwise modified in this zoning
district unless said use and improvement is in
compliance with the district provisions.
SECTION 18. Section 1 of Division C, Article IV (I-i Zone)
hereby is amended by adding a new subsection b, and reenumerating
all other subsections, to read as follows:
b. Prohibited Uses
Uses not listed in this section are expressly
I: prohibited. No land shall be used nor buildings
and structures hereafter be erected, altered,
enlarged, or otherwise modified in this zoning
district unless said use and improvement is in
compliance with the district provisions.
SECTION 19. Subsection d of Section 1 of Division D,
Article IV (OS-R Zone) hereby is amended to read as follows:
d. Prohibited Uses
Uses not listed in this section are expressly
prohibited. No land shall be used nor buildings
and structures hereafter be erected, altered,
enlarged, or otherwise modified in this zoning
district unless said use and improvement is in
compliance with the district provisions.
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SECTION 20. Subsection d of Section 2 of Division D,
Article IV (OS Zone) hereby is amended to read as follows:
d. Prohibited Uses
Uses not listed in this section are expressly
prohibited. No land shall be used nor buildings
and structures hereafter be erected, altered,
enlarged, or otherwise modified in this zoning
district unless said use and improvement is in
compliance with the district provisions.
SECTION 21. Subsection d of Section 3 of Division D,
Article IV (OS-W Zone) hereby is amended to read as follows:
d. Prohibited Uses
Uses not listed in this section are expressly
prohibited. No land shall be used nor buildings
and structures hereafter be erected, altered,
enlarged, or otherwise modified in this zoning
district unless said use and improvement is in
compliance with the district provisions.
SECTION 22. Subsection d of Section 1 of Division E,
Article IV (U Zone) hereby is amended to read as follows:
d. Prohibited Uses
Uses not listed in this section are expressly
prohibited. No land shall be used nor buildings
and structures hereafter be erected, altered,
enlarged, or otherwise modified in this zoning
district unless said use and improvement is in
compliance with the district provisions.
SECTION 23. Subsection b of Section 3 of Division F,
Article IV (Hillside Review) hereby is amended to read as
follows:
b. Application:
The H - Hillside Review overlay zone shall be
applied in a uniform manner to those properties
located in designated hillside areas 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.
SECTION 24. EFFECTIVE DATE. This ordinance shall be in
full force and effect thirty (30) days after passage.
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SECTION 25. 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 May 4, , 1988 by the
following vote:
Ayes: Councilmembers DiGrandi, Hillery, Krings, Murphy
and Mayor Hardie
Noes: None
Absent: None
APPROVED and ADOPTED this 4th day of Ma, , , 1988.•
�..� /1 /.
MAYO'
ATTEST:
aOr
A 4100. I. /!!
CI, Y ' LERK
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
46A4 r A 40/..
41:
CI Y ATTORNEY TY MANGER
HER' v Crn'1FY, UN It ' PENALTY OF PERJURY, THAT THE
FORWOiNG ORDINANCE NO. 1 a-' WAS DULY ADOPTED
BY THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY,
CALIFORNIA.IN A MEETING THEREOF HELD ON THE W
'
DAY OF ,198 . , AND THAT SAME AS POSTED
IN AT LEAST HE THREE PUBLIC PLACES SPECIFIED FOR SUCH
POSTINGS, BY THE SAID CITY COUNCIL.
4 �
" ;.,M 414
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