Chapter 9.96 — SPECIAL PROVISIONS APPLYING TO MISCELLANEOUS USES

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. (Ord. 80 Art. V(T)(1), 1984; Ord. 862 § 2, 2022)

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.

(Ord. 80 Art. V(T)(2), 1984; Ord. 862 § 2, 2022)

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.

(Ord. 80 Art. V(T)(3), 1984; Ord. 862 § 2, 2022)

Landing strips for aircraft and heliports may be permitted by conditional use permit in all zones. (Ord. 80 Art. V(T)(4), 1984; Ord. 862 § 2, 2022)

Rummage sales may be permitted by the city planner in stores, garages, churches, assembly halls or other indoor locations for a period, not to exceed ten days and subject to the city planner's approval of signing and imposition of any other conditions to protect the public safety, health and welfare.

(Ord. 80 Art. V(T)(5), 1984; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)

Temporary construction yards and trailers on construction sites shall be subject to the city planner'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. (Ord. 80 Art. V(T)(7), 1984; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)

Christmas tree lots shall be permitted by the city planner subject to the following conditions:

• 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.

(Ord. 80 Art. V(T)(8), 1984; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)

Temporary parking lots may be approved by the city planner 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.

• (Ord. 80 Art. V(T)(9), 1984; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)

• A. Noncommercial Antennas. Noncommercial antennas are permitted in all zones as accessory structures and shall be subject to approval by the city planner, provided the following is met:

  1. All antennas shall be located to the rear or to the side of the main dwelling or principal structure on the site.

  2. Satellite antennas shall be ground mounted and not exceed a height of fifteen feet as measured from ground level except that a satellite antenna may be mounted on the roof of commercial or industrial buildings if screened from public view to the satisfaction of the city planner.

  3. Radio antennas and other similar antennas shall not exceed an overall height of fifty feet as measured from ground level in residential zones and sixty feet in commercial and industrial zones.

  4. All utilities servicing antennas shall be placed underground wherever appropriate.

  5. The city planner may approve a deviation from the standards within this section pertaining to height, location, and undergrounding utilities where the city planner finds that locating the antenna in conformance with the specifications of this section would obstruct the antenna's reasonable reception or otherwise excessively interfere with reception, and such obstruction or interference involves factors beyond the applicant's control, or the cost of meeting the specifications of this section is excessive, given the cost of the proposed antenna. The city planner shall exercise the discretion granted hereby to assure compliance with 51 Fed. Reg. 5519; 47 C.F.R. 25.104 .

• B. Commercial Antennas. Commercial antennas are permitted in all zones by conditional use permit pursuant to Chapter 9.72 . Development standards shall be determined by the planning commission upon review of the use proposed for the antenna, the needs for proper operation, and the impacts to the area and to the city in general.

• (Ord. 80 Art. V(T)(10), 1984; Ord. 128 § 2, 1985; Ord. 327 § 4, 1991; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)

Sales of beer, wine, liquor or other alcoholic beverage shall be permitted from the same location as gasoline and other motor vehicle fuel sales only under the following circumstances:

Beer, wine, liquor and other alcoholic beverage sales may be permitted with a conditional use permit. A condition shall be imposed that such sales must be offered only in conjunction with the sale at retail of food and groceries in which not less than fifty percent by value of the retail sales of all products other than gasoline, oil and other motor vehicle fuels comprises sales of products other than beer, wine, liquor, and other alcoholic beverages. A condition shall also be imposed that the retail display area for food, groceries, sundries and other non-motor vehicle fuels comprises not less than one thousand eight hundred square feet of indoor retail space. In addition, the conditional use permit shall require the use of video recording surveillance cameras to record all purchases and attempted purchases of alcoholic beverages, and the posting of signs, one outside the building at or near the gasoline servicing area and another inside near the cash registers notifying the public that "All alcoholic beverage transactions are monitored in cooperation with the Cathedral City Police Department." The videotape equipment utilized shall be such as to record at least twenty-four hours of operation, and the film shall be made available to any representative of the police department, at any time, upon request. Applicant shall maintain the tapes for the prior seventy-two hours, and make such tapes available to the police department. Such tapes shall be made available for use in evidence against any person who purchased or attempted to purchase alcoholic beverages, as well as for use in any court or any administrative proceeding, regardless of the party or parties involved. (Ord. 80 Art. V(T)(11), 1984; Ord. 197 § 4, 1987; Ord. 862 § 2, 2022)

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 three sides with a solid wall at least six feet in height. These structures and their locations shall be approved through the design review process. Notwithstanding 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. (Ord. 80 Art. V(T)(12), 1984; Ord. 206, 1988; Ord. 862 § 2, 2022)

• A. Game arcades are permitted only where specifically listed within a zone district game arcades are subject to a conditional use permit. The commission shall establish reasonable conditions to regulate security concerns, noise, health, safety and public welfare concerns of all types, including, but not limited to:

  1. School age truancy and evening curfew violations;

  2. Overcrowding conditions in and outside the building;

  3. Objectionable noise;

  4. Traffic/parking and bicycle congestion;

  5. Littering;

  6. Unsanitary conditions (insufficient restroom facilities, food vending, etc.);

  7. Signage and attention-getting devices;

  8. Adverse impacts on adjacent businesses and residential areas;

  9. Proximity to schools, parks, churches, public gathering places, residential areas.

• B. In addition, the conditions imposed shall include:

  1. All game arcades shall be entirely within an enclosed building;

  2. The minimum distance between game arcades shall be one thousand feet;

  3. The minimum distance between a game arcade and a school, religious institution or public park shall be one thousand feet;

  4. For any game arcade within a shopping center, walls within the arcade shall be surfaced with sound-deadening material to alleviate noise transmission to neighboring businesses and all operations shall fully comply with all provisions of municipal code Chapter 11.96 ;

  5. Rest rooms shall be provided;

  6. The requirement for a conditional use permit shall not apply to any temporary business operating at a specific location for five consecutive days or less which applies to and receives a special use permit which the mayor and city council may authorize subject to such conditions as the mayor and city council may establish;

  7. Time limits shall be established consistent with, but not necessarily limited to, times other businesses in the shopping center or immediate neighborhood are open for business;

  8. Adult attendants shall be employed and present on the premises at all times.

• (Ord. 80 Art. V(T)(13), 1984; Ord. 227 § 3, 1988; Ord. 791 § 1, 2017; Ord. 862 § 2, 2022)

• A. Purpose and Applicability. Carwashes are permitted only where specifically listed per categories of carwash types within a zone district. Carwashes are subject to a conditional use permit. The planning commission shall establish reasonable conditions to regulate security concerns, noise, health, safety and public welfare relative to the category of carwash being considered, including, but not limited to, the following concerns:

  1. Traffic/parking and vehicular circulation;

  2. Patron conveniences, (services such as waiting areas, restrooms, etc.);

  3. Impacts on adjacent businesses and residential areas;

  4. Possible impacts on nearby schools, parks, churches, public gathering areas and residential areas.

• B. Site Development Standards. The following conditions shall apply to the various carwash classifications in addition to those deemed appropriate by the planning commission:

  1. General Conditions, All Carwashes.

     • a. Site area lighting and security lighting shall be provided, but in such a manner to prevent glare and view of the light source from public streets or adjacent property;

     • b. Noise attenuation devices shall be installed on all equipment and in areas subject to generation of sound in such a manner so as not to permit any loud sounds to project beyond the building. In addition a noise analysis shall be provided to demonstrate that noise levels measured at the boundary of the site will not exceed the policies of the noise element of the city general plan. Prior to occupancy, noise measurements shall be performed with all carwash functions in an operational mode to demonstrate compliance with all noise standards;

     • c. All parking, loading, vehicle preparation and detailing areas shall be clearly delineated on the site, as indicated by the approved site plan. No other areas of site, such as driveways, landscaped areas, sidewalks, etc. shall be utilized for washing, prepping, loading, detailing, etc.;

     • d. Water recycling/grease trap facilities shall be installed and maintained as approved by the city planner and the water/sewer serving agency;

     • e. Combined uses may be permitted if determined compatible by the planning commission, and it is found that each use contains adequate space to function properly, including vehicular access and circulation, parking, building placement and landscaping. However, where primary use of the site is a carwash function, no auto repair activities shall take place.

  2. Coin-Operated Manual Carwash.

     • a. The planning commission shall only approve such carwashes upon finding that the operation will have no detrimental effect upon nearby properties due to its unsupervised operation;

     • b. The site shall remain free of debris at all times. Permanent trash receptacles shall be installed/maintained.

  3. Self-Serve Carwash.

     • a. Self-serve carwashes may only be permitted within a development wherein said carwash is clearly an accessory to the principal use;

     • b. Design features of the wash shall be integrated with the principal use of the site;

• c. There shall be adequate vehicular queuing into and out of the wash facility to assure that driveways and parking lot aisles will not be blocked.

  4. Full-Serve Carwash.

     • a. Restrooms shall be provided for patron convenience;
  • b. Patron waiting areas shall be provided. Sale and display of products consisting of convenience goods, (snacks and related products) may be permitted but shall be located within a building and limited to an area no greater than four hundred square feet, but not including the sale or consumption of alcoholic beverages.

• c. The project design shall incorporate a storefront appearance along commercial and scenic arterials (where determined necessary by the planning commission), to comply with or compliment adjacent commercial projects or established architectural, landscape or signage themes. All equipment and functions shall be designed, oriented, and screened so as not to be visible to public view, and from adjacent properties.

• (Ord. 80 Art. V(T)(14), 1984; Ord. 241 § 9, 1989; Ord. 252 § 2, 1989; Ord. 554 § 1, 2001; Ord. 804 § 1, 2017; Ord. 862 § 2, 2022)

• A. Purpose and Applicability. Automobile service stations are permitted only where specifically enumerated within a zone district. Due to continuing proliferation of auto-related service uses along the city's commercial corridor and freeway intersections, particularly motor fuel gasoline sales, these regulations are intended to provide uniform criteria and standards for service stations, which because of the outdoor nature of their primary activity and the intensive vehicular demands on city streets for ingress and egress to their sites, are considered problem uses subject to special provisions.

Any use or business engaged in the sale of motor fuel through dispensing devices, whether or not such fuel is the primary item of sales, shall be subject to these provisions and shall be deemed a service station.

These regulations shall be additional to and supplement those property development standards in the zone in which said use is permitted, and any conditions for such use as imposed by a permit therefor. If there is any conflict between the provisions of this chapter and any property development standards for service stations uses in a particular zone, the more restrictive provisions shall apply.

• B. Accessory Uses or Combined Uses. Restaurants and convenience food markets or other similar uses may be permitted if the planning commission finds that: (1) the activity is integrated with the service station operation and both activities are compatible with the other; (2) the accessory use in combination with the service station operation will not cause hazards on, or congestion to, adjacent city streets or surrounding traffic patterns; and (3) the additional required parking for the accessory use can be adequately designed so as to maintain clear aisleways and not interfere with the dispensing of fuel.

• C. Location of Service Stations.

  1. No more than two service stations shall be located at any intersection of streets, (whether wholly or partially within the city's limits). The terms "intersection" and "street" shall have the same meaning as stated in Sections 365 and 590 of the California Vehicle Code.

  2. When service stations are proposed at locations other than at an intersection they may not be located any closer than two thousand five hundred feet from any other service station, said distance to be measured from the closest point on the nearest property line of a proposed location of a service station by a straight line to the closest point on the nearest property line of any other service station.

  3. Exceptions. A service station may be permitted at any other properly zoned site provided that at least one of the following apply:

  • a. The lot has frontage on a street and is between a freeway on or off-ramp and the next street that intersects with the said required frontage street; or

  • b. The site is part of a comprehensively planned commercial center of over five acres in area; or

• c. The planning commission finds that the proposed fuel dispensing volume constitutes a secondary use of the site or business or that the fuel dispensing activities of surrounding land uses (including uses outside the city) which affect the separation criteria are deemed minor or secondary activities and that the addition of the proposed use would not have adverse impact on traffic circulation or surrounding uses.

• D. Minimum Site Area. Service stations shall be located on a lot containing at least twenty thousand square feet. Any proposal to add to or, expand motor fuel dispensing activity to an existing use on a lot of less than twenty thousand square feet shall not be permitted, unless the planning commission pursuant to a conditional use permit, finds that the site can adequately support the increased use without adversely affecting public streets or surrounding land uses.

• E. Parking. Each service station site shall have no less than three spaces available and marked for parking of automobiles, excluding those automobiles being serviced at said station. In addition to the above-required spaces, uses permitted as accessory or combined uses shall meet parking requirements specified in Chapter 9.58 , Off-Street Parking.

• F. Installation of Call Detectors. If a service station is located at a street intersection where traffic signal devices are installed or proposed to be installed by the city or by the state of California, there shall be installed on said service station site "call detectors," if said detectors are determined necessary by the city engineer or engineer of that governmental body having jurisdiction over the operation of such traffic maintenance signals, said determination to be made and imposed as a condition of site plan approval.

• G. Sale of Diesel Fuel or Liquid Gas. Diesel fuel and/or liquid propane gas (LPG) may be sold if approved in connection with site plan approval.

• H. Access/Reciprocal Agreements. Access drives shall be at least one hundred feet from any street corner as measured from the intersection of the ultimate right-of-way lines at said corner. All driveways shall be designed to provide vehicle queuing in a manner which minimizes possible hazard or slowing of vehicles on adjacent city streets. Reciprocal access/parking arrangements may be required with adjacent properties to enhance public convenience and safety.

• I. Walls and Screening. Low profile screen walls, landscaping, earthen berms or any combination thereof shall be installed on project boundaries to partially reduce public view of parking areas, service, and fuel dispensing bays as determined by the planning commission.

• J. Landscape improvements. At least ten percent of the net site area shall be fully landscaped. Landscaped planter areas at least six feet wide (as measured from the property line) shall be provided on site along all street frontages, side and rear property lines or lease lines except where approved cross drives exist. However, greater planting area shall be provided where specified by specific plans, specific zone district standards or other established city policies and guidelines.

caped. Landscaped planter areas at least six feet wide (as measured from the property line) shall be provided on site along all street frontages, side and rear property lines or lease lines except where approved cross drives exist. However, greater planting area shall be provided where specified by specific plans, specific zone district standards or other established city policies and guidelines.

• K. Restrooms/Comfort Stations. Restrooms shall be provided and maintained for convenient patron use during business hours.

• L. Service stations which contain self-service fuel dispensing shall provide for vehicle air/water, windshield washing and trash disposal.

• M. Exterior area and flood lighting proposed (whether in parking areas or under canopies) shall be shown on plans. Exterior lighting shall be consistent with Chapter 9.89 "Outdoor Lighting Standards" of this code.

• N. Public pay telephones shall be installed and maintained for twenty-four hour public use, provided it is determined feasible by the planning commission upon information furnished by the applicant and utility company.

• O. No outdoor merchandising displays, including, but not limited to, snacks, propane tanks, beverages, etc. shall be permitted in an area outside any structure or city approved outside display area, for purposes of physically selling, distributing, or displaying goods, wares, merchandise, or services.

(Ord. 80 Art. V(T)(15), 1984; Ord. 251 § 2, 1989; Ord. 274 §§ 2, 3, 1989; Ord. 602 § 3, 2005; Ord. 862 § 2, 2022)

• A. Purpose. To reduce the amount of waste going to area landfills, the development of local diversion facilities must be accommodated so that recyclable materials are segregated and diverted from other waste materials before disposal at local landfills.

• B. Applicability. Subject to conditional use permit approval and the provisions herein, a diversion facility may be located within any zone; except that a diversion facility shall not be located in a zone designated R1 — single-family residential. Except where inconsistent, these regulations and any conditions imposed pursuant thereto shall be in addition to and supplemental to all other property development standards for the zone in which said use is permitted.

• C. Application. In addition to any other requirements applicable to an application for a conditional use permit, an application for a diversion facility shall include the following:

  1. A site plan showing the subject and surrounding properties, showing grading and drainage plans, identifying areas intended for each aspect of the operation, showing existing and proposed property access and improvements including on-site circulation patterns and parking; and identifying plans for meeting expected water and sewage needs;

  2. A plan of operation explaining the type, source and quantity of material to be collected and/or processed; the manner of processing; the type, anticipated quantity and destination of all materials to be diverted from landfill disposal; the type, intended use and anticipated quantity of any end products of any processing to be conducted on site; proposed hours of operation; a description of all equipment to be used; a description of measures to be used for control of noise, dust, odor, litter, insects, rodents, flies, and any other potential negative impacts; the number of employees; and identification of all products to be introduced to materials processed or otherwise utilized at the site, as applicable to each project.

• D. Findings. The planning commission, in reviewing an application for a conditional use permit for a diversion facility, shall consider whether the following conditions exist in reference to the proposed site:

  1. The location is compatible with uses existing in the area and does not serve to degrade and/or become materially detrimental to the neighborhood or community;

  2. The type and volume of vehicle traffic accessing the use does not adversely affect the health, safety and general welfare of the neighborhood or community;

  3. The proposed use does not have the potential to create a public nuisance for adjacent properties as a result of odor, noise, dust, or vermin;

  4. The proposed use will further the city's goals with respect to diversion of waste, directly or indirectly, from disposal at landfill facilities.

• E. Exceptions. Composting activities are not subject to the provisions of this section when all material to be processed is generated from the premises and any resulting product is used on

the premises on which the composting activity takes place.

• F. Minimum Site Requirements. Diversion facilities shall be located on a parcel of at least three acres. Diversion facilities shall be located on a parcel immediately adjacent to an existing roadway designed for a traffic capacity at least as great as a roadway defined in the general plan as a "secondary arterial."

  1. A diversion facility shall not be located within one half mile of any site currently utilized for residential use, or for which an application for development for residential use is pending approval;

  2. A diversion facility shall be located within five miles of a parcel currently utilized for waste disposal, diversion or recycling activities.

• G. Permits Mandated by Other Law. All diversion facility approvals are subject to proof of approval from all federal, state, and local agencies that have jurisdiction over the proposed operations, including, but not limited to, the Riverside County department of health, local solid waste enforcement agency (LEA). Prior to operation of a diversion facility, all required regulatory approvals shall be on file with the city planning department.

• H. Setbacks. No waste or recyclable materials shall be stored or processed within fifteen feet of any property line. All structures shall be set back from the property lines a minimum of twice the distance of the height of the structure.

• I. Landscaping/Fencing/Screening. Masonry or stucco fencing, landscaping, earthen berms, or any combination thereof shall be installed along street frontages and project perimeters to reduce public view of the facilities to the greatest degree possible, as determined by the planning commission. In areas deemed environmentally sensitive habitat, the landscaping/fencing/screening requirements shall be employed to the fullest extent permitted by the state and federal regulatory agencies with subject matter jurisdiction.

• J. Access/Parking. Access to a diversion facility shall be solely from a public roadway designed for a vehicle capacity at least as great as that defined in the general plan as a "secondary arterial." All driveways, onsite access roads, and parking areas shall, as a minimum, be covered for dust control by gravel, asphalt or other material as approved by the planning commission.

• K. Rest Rooms. Permanent rest room facilities shall be provided and maintained for convenient employee and customer use during business hours.

• L. Water. All projects shall have water available on site to the satisfaction of the fire marshal.

• M. Receipts. On a monthly basis, the operator shall provide the city with receipts for each delivery accepted at the facility, and accounting fully as to the city of origin, the amount, and the type of material being accepted. The operator shall also provide a summary, on a monthly basis, of such information, together with detailed reports on the manner and degree of diversion accomplished. All records of the facility shall be made available, during regular business hours, to representatives of the city. The operator shall develop and provide any further data that the city deems necessary for compliance with its goals for waste diversion.

lso provide a summary, on a monthly basis, of such information, together with detailed reports on the manner and degree of diversion accomplished. All records of the facility shall be made available, during regular business hours, to representatives of the city. The operator shall develop and provide any further data that the city deems necessary for compliance with its goals for waste diversion.

• N. Maintenance. All diversion facilities shall be kept clean and orderly including areas for storage and processing. Further, the site shall be maintained in order to prevent windblown debris from escaping the site, and shall be free at all times of vermin which could create a public nuisance and/or health hazard. In addition, the operator shall be responsible for cleaning illegal dumping and all fugitive debris in the immediate area of the project site. Any failure to maintain the facilities as required herein may be abated as a public nuisance and shall be grounds for revocation of any conditional use permit issued pursuant to this chapter.

• O. Review/Revocation. A conditional use permit may be revoked upon a finding that a diversion facility or the manner of its operations has been altered, such that the original findings made at

the time of approval of the conditional use permit are no longer valid, or such that the use no longer conforms to all of the provisions of this chapter.

(Ord. 80 Art. V(T)(16), 1984; Ord. 304 § 7, 1990; Ord. 537 § 2, 2000; Ord. 862 § 2, 2022)

• A. Purpose. Because of marketing and visibility needs, used vehicle sales and vehicle rental enterprises tend to locate along the city's major streets and because it is the objective of the city to permit uses with special display and storage needs while maintaining quality development along major streets assuring compatibility between a broad range of uses there is a need for regulating the location and development of such businesses.

• B. Used vehicle sales and vehicle rental enterprises shall be permitted where specifically enumerated within a zone district subject to conditional use permit approval and provided provisions herein are met. These regulations shall not apply to new car and truck sales uses which include used vehicle sales and/or vehicle rental enterprises. These regulations shall apply to all other used vehicle sales, including wholesale used vehicle sales enterprises that include vehicle storage and auto buying enterprises that include vehicle storage. These regulations shall be supplemental to those property development standards in a zone district or specific plan area in which said use is permitted and any conditions for such use as are imposed by a permit therefor. Further, the following development standards may be modified at the discretion of the planning commission to assure compatibility with existing or planned development and special considerations applicable to the site.

• C. Location/Site Improvements.

  1. Used vehicle sales enterprises shall be limited to locations within permissible zone districts on Ramon Road. However, enterprises dealing exclusively in the sale of exotic, antique or similar specialty used vehicles may locate within any zone district where such use is specifically enumerated and the enterprise includes the display of fifteen or fewer such vehicles for sale. Further, used vehicle sales enterprises operating as of January 1, 1996 are permitted to continue at the existing dealership locations at 68-318 and 68-350 E. Palm Canyon Drive (Webb Motors) and 68-406 E. Palm Canyon Drive (Affordable Cars) until such time as said dealerships cease operating. Once operations cease including change of ownership, reorganization, or any similar discontinuance of the businesses, no further use of the property for used car sales shall be permitted. This provision shall become effective only after the amortization period established herein has been exhausted;

  2. A minimum lot size of seventeen thousand five hundred square feet shall be required for used vehicle sales or vehicle rental enterprises except where such use is to be conducted entirely indoors;

3. Vehicle display/storage areas shall be physically separated from required parking/vehicle maneuvering areas and marked and signed as such. Display parking shall be limited to the areas delineated on the approved site plan and no part of any area designated for vehicle display/storage shall be credited toward required customer/employee parking. All vehicle parking and maneuvering areas shall be all weather surfaces. Vehicles shall not be displayed, parked or stored in required landscape areas;

   4. Each site shall contain an office sufficiently sized for the conduct of the operation. Portable office trailers and other temporary buildings are not permitted;

   5. All exterior lighting shall be installed and maintained in such a manner that glare and intensive light sources will not be visible at the property line. Such fixtures must contain glare control features to the satisfaction of the city planner;

   6. All security improvements, fencing, gating, etc. shall be subject to approval by the city planner prior to installation. Barriers proposed to be erected around vehicle display areas shall not exceed thirty-six inches in height. Chain link fencing is prohibited. Further, all such improvements must be architecturally integrated with the site, building, and landscape improvements.

• D. Operational Standards.

  1. Auto repair shall only take place in an enclosed building approved for auto repair activity;

  2. Public address systems or any similar external loudspeaker systems are prohibited;

  3. Outdoor display shall be limited to those areas designated on the approved site plan and display of vehicles on elevated platforms, ramps, or any similar device is prohibited.

• E. Nonconforming Uses. Used vehicle sales and vehicle rental enterprises shall be deemed nonconforming if they do not have a conditional use permit approval granted by the city or fail to meet any of the development standards contained herein and/or any other applicable development requirements or design policy of the city, including, but not limited to, those criteria within this title, specific plans, and city design guidelines. At the time of review of a conditional use permit application, the planning commission or city council shall have the discretion to review the entire scope of potential issues including the appropriateness of the nonconforming use its existing location and may deny said application and require abandonment of the nonconforming use.

• F. Amortization of Nonconforming Uses.

  1. Where used vehicle sales or vehicle rental enterprises were legally existing uses on January 1, 1996, and are not in conformity with this section, it is the intent and purpose of this section to declare such use to be nonconforming, for the purpose of protecting the public health, safety and general welfare;

  2. All uses rendered nonconforming by this section shall be abated by January 1, 1999, unless an extension is requested and granted as provided below;

3. The owner or occupant of property that is determined to be a nonconforming use under this section shall receive a notice, in writing, of that determination. The notice shall state the grounds for the decision and shall require the nonconforming use to be abated by January 1, 1999. The notice shall furthermore provide that any person having any record, title or legal interest in the nonconforming use may request a hearing, provided the request is made in writing, as provided in this section, and filed with the city within sixty days from the date of service of such notice. The notice shall finally provide that the failure to request a hearing will constitute a waiver of all right to an administrative hearing in determination of the matter;

   4. The notice and order, and any amended or supplemental notice and order shall be served upon the record owner, and posted on the property. One copy thereof shall be served on each of the following persons, if known to the city or disclosed for public records.

      • a. The holder of any mortgage or deed of trust or has a lien or encumbrance of record;

      • b. The owner or holder of any lease of record;

      • c. The holder of any other estate or legal interest of record in or to any building or land which is employed in the nonconforming use;

      • d. The failure of the city to serve any person required under this subsection to be served shall not invalidate any proceeding under this section as to any other person duly served or relieve any such person from any duty or obligation imposed on him or her by the provisions of this section;

4. Service of the notice shall be made upon all persons entitled thereto, either personally, or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at the address as it appears on the last equalized assessment roll of the county or as known to the city. If no address of any such person so appears, or is known to the city, then a copy of the notice shall be so mailed, addressed to such person at the address of the lot or building involved in the proceeding. The failure of any such person to receive such notice shall not affect the validity of any proceeding under this section. Service by certified mail in the manner provided by this subsection shall be effective on the date of mailing;

5. Proof of service of the notice shall be certified to at the time of service by written declaration, under penalty of perjury, executed by persons effecting such service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned and acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and retained by the city staff;

6. Any person entitled to notice herein may, within thirty days of receipt of the notice, request a hearing to request an extension of the abatement date. Request for hearing shall be in writing, and shall contain the following information:

• a. A brief statement setting forth the legal interest of each of the persons requesting the hearing ("appellants") in the nonconforming use;

  • b. A brief statement in ordinary and concise language of the grounds for an extension of the abatement date;

  • c. The signatures of all appellants and their official mailing addresses.

8. The city council shall appoint, when the need arises, a hearing officer or officers to hear requests for extensions of abatement filed pursuant to this section. The city may, in its sole discretion, request that appellants nominate hearing officers and pay all or a portion of the hearing officer's fee if the hearing officer is not a city employee. The hearing officer shall be appointed by the city council and shall hold office at its pleasure. The hearing officer shall adopt reasonable rules and regulations for conducting his or her business, and shall render all decisions and findings in writing to the person requesting the hearing, with a copy to the city;

9. As soon as practical after receiving the written request for hearing, the hearing officer shall fix a date, time, and place for the hearing. Such date shall not be less than sixty days, nor more than one hundred eighty days from the date the request for hearing was filed. Written notice for the time and place of the hearing shall be given at least forty-five days prior to the date of the hearing to each appellant by the hearing officer, either by causing a copy of such notice to be delivered to the appellants personally, or by mailing a copy thereof, postage prepaid, addressed to the appellant at his or her address shown on the request for a hearing. The notice to the appellant shall be substantially in the following form, but may include other information:

You are hereby notified that a hearing will be held before the abatement hearing officer at __________ on the _____ day of ___, ___ at the hour of _____, upon the notice served upon you. You may be present at the hearing, you may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to crossexamine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses, and the production of books, documents or other things by filing an affidavit therefor with the abatement hearing officer.

10. The hearing officer shall establish such prehearing procedures for discovery and disclosure of witness and documents as a hearing officer shall, upon consultations with the appellant and the city, deem necessary;

11. The following procedure shall apply to the conduct of the hearing:

• a. The hearing shall take place before the hearing officer;

• b. A record of the entire proceeding shall be made by tape recording, or by any other means of permanent recording determined to be appropriate by the hearing officer;

• c. The hearing officer may grant continuances for good cause shown;

• d. In any proceeding under this chapter, the hearing officer has the power to administer oaths and affirmations and to certify to official acts;

• e. The hearing officer shall proceed with reasonable dispatch to conclude any matter before him or her. Due regard shall be shown for the convenience and necessity of any parties or their representatives;

  • f. The hearing officer may obtain the issuance and service of a subpoena for the attendance of witnesses, for the production of other evidence at the hearing, upon the filing of an affidavit therefor, which states the name and address of the proposed witness; specifies the exact thing sought to be produced and the materiality thereof in detail to the issues involved; and states that the witness has the desired things in his possession or under his control. The subpoena need not be issued when the affidavit is defective in any particular;

  • g. The hearing need not be conducted according to the technical rules relating to evidence and witnesses;

  • h. Oral evidence shall be taken only on oath or affirmation;

  • i. Any relevant evidence shall be admitted, if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule, which might make improper the admission of such evidence over objection and civil actions of the courts of competent jurisdictions in the state;

  • j. Irrelevant and unduly repetitious evidence shall be excluded;

  • k. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state, or of official records of the departments and ordinances of the city or rules and regulations of the hearing officer;

  • l. The hearing officer may inspect any buildings or lots involved in the hearing during the course of the hearing, provided that notice shall be given to the parties before inspection is made. The parties will be given an opportunity to be present during inspection, and the hearing officer shall state for the record, upon completion of the inspection, the material facts observed and the conclusions therefrom. Each party then shall have a right to rebut or explain the matter so stated by the hearing officer;

  • m. The hearing shall be open to the public, unless the hearing officer determines, after a request from a party, that matters of a confidential nature are to be disclosed;

  • n. Appellant shall have the burden of proof, and shall present its evidence. The city may then cross-examine the witnesses presented on behalf of the appellant. The city may then present evidence. The appellant may then cross-examine the witnesses presented on behalf of the city. The hearing officer may make whatever changes in the order of proof the hearing officer determines are necessary;

  • o. Upon receipt of all evidence, the hearing officer shall retire to deliberate and shall render a decision not less than thirty days after the date of the hearing. The appellant

has the burden of persuasion by a preponderance of the evidence;

12. The hearing officer shall determine an appropriate date by which the nonconforming use shall be abated. In making his or her decision, the hearing officer shall consider the factors required by law, which factors may include:

• a. Amount of investment or original cost;

• b. Present actual or depreciated value;

• c. Dates of construction;

• d. Amortization for tax purposes;

• e. Salvage value;

• f. Remaining useful life;

• g. The length or remaining term of the lease under which the use is maintained;

• h. The profitability of the use;

• i. The extent to which investment has been, or will be recouped;

• j. The harm to the public if the use remains beyond the prescribed amortization period;

13. The decision of the hearing officer shall be in writing and shall contain findings of fact, the determination of the issues presented, and shall also contain the requirements to be complied with by the appellant. A copy of the decision shall be delivered to the appellant personally, or sent to him or her by certified mail, postage prepaid, return receipt requested. The effective date of the decision shall be as stated thereon. If no date is specified, the decision shall be effective when served;

14. Each party shall have these rights at the hearing:

• a. To call and examine witnesses on any matter relevant to the issue of the hearing;

• b. To introduce documentary and physical evidence;

• c. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;

• d. To impeach any witness, regardless of which party first called him to testify;

• e. To rebut the evidence against him;

• f. To represent himself, or to be represented by anyone of his choice, including an attorney at law, who is lawfully permitted to do so;

15. The decision of the hearing officer may be appealed to the city council within ten days of the date of service of the decision of the hearing officer. The council shall hear the appeal as soon as practicable, but no sooner than fourteen days from the date of the appeal;

16. At least five days before the hearing set by the city council, any interested person may file written comments or exceptions to the report and decision of the hearing officer. The city council shall consider the report of the hearing officer and any written comments or exceptions thereto. At the hearing of the matter, the city council may, but is not required to, hear statements of interested persons, including the appellant(s) and the city staff. The council may accept, reject or modify the decision of the hearing officer;

17. If the decision of the hearing officer is not adopted by the city council, the city council may decide the case upon the entire record before it, with or without taking additional evidence,

or may refer the case back to the hearing officer or another hearing officer that the council shall appoint, to take additional evidence. If the case is reassigned to a hearing officer, the hearing officer shall prepare a report and proposed decision and submit them to the city council. The city council shall reset the matter for hearing and rehear the matter as provided for above;

18. If the city council does not adopt the decision of a hearing officer, the city council shall make its own decision, which shall be in writing and shall contain findings of fact, the determination of the issues presented, and the final date for abatement. A copy of the decision shall be delivered to the appellant personally or sent by certified mail, postage prepaid, return receipt requested. The decision of the city council shall be final and shall be effective immediately upon the adoption by the city council unless otherwise specified in the decision, or required by state law;

19. All final decisions with respect to abatement dates shall be recorded with the county recorder.

(Ord. 80 Art. V(T)(17), 1984; Ord. 373 § 6, 1992; Ord. 379 § 2, 1993; Ord. 427 § 2, 1995; Ord. 482 § 3, 1998; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)

• A. Approval. A permanent swap meet may be permitted in any zone subject to approval of a conditional use permit (CUP). A CUP shall only be approved based on the findings that the proposed site is appropriate for the operation of a swap meet; there will not be adverse affects to surrounding property, people, or city streets that cannot be effectively mitigated, and the activity will not hinder future development permitted in the zone district in which the site is proposed.

• B. Requirements for Approval. Swap meets approved by the city shall meet or be conditioned upon the following:

  1. The State Board of Equalization Resale Number has been or will be obtained by all vendors who participate or will participate in the swap meet and that the resale numbers are assigned to the city;

  2. Sufficient parking will be provided;

  3. Limitation on the days and hours when the swap meet will be conducted;

  4. Provisions for cleanup and good housekeeping will be maintained;

  5. Prohibiting the sale or trade of flammable liquids, including, but not limited to, gasoline, kerosene, acetone, thinners and solvents; ammunition and blasting agents; liquid petroleum gases or other combustible gases; any type of fireworks; acids, caustics, or oxidizing agents;

  6. Perishable produce or foods, and live animals shall not be offered for sale or trade without approval of the county health officer;

  7. Provision for traffic safety on both the site and adjacent streets are adequate;

  8. The site shall not create a dust, noise, light glare or other environmental problems;

  9. The event shall not degrade or cause undue problems for nearby uses or the immediate surrounding neighborhood;

  10. Provisions are made to ensure collection of fees and taxes as required per city regulations.

• C. Revocation. The planning commission may revoke the CUP for good cause including the following:

  1. The swap meet is no longer compatible with the land uses and development in the area;

  2. Conduct of the use interferes with the normal flow of vehicular or pedestrian traffic on any public right-of-way;

  3. False information was given in connection with the application for or obtaining of the permit;

  4. There was a violation of or a failure to comply with any condition attached to the permit or of any other applicable rules or regulations;

  5. Permittee has failed to bar any customer or participant who is in violation of the permit conditions, or is engaged in activities in violation of any federal, state or local law;

  6. Any other reason exists for which the permit might have been lawfully denied in the first instance, or that for any reason the continued operations under the permit will be inimical to the public safety or general welfare of the community.

• (Ord. 80 Art. V(T)(18), 1984; Ord. 386 § 5, 1993; Ord. 862 § 2, 2022)

First-run movie theaters as defined are allowed only in the area defined by the downtown precise plan.

(Ord. 80 Art. V(T)(19), 1984; Ord. 470 § 4, 1998; Ord. 862 § 2, 2022)