A. This chapter applies to all development in the Commercial Districts.
The purpose of these zoning districts is to:
1.
Allow a mixture of complementary land uses that may include
retail, offices, commercial services, and civic uses, to create economic
and social vitality;
2.
Develop commercial areas that are safe, comfortable and attractive
to pedestrians;
3.
Protect commercial and adjoining residential areas from excessive
noise, illumination, unsightliness, odor, and smoke;
4.
Provide flexibility in the location and design of new developments
to anticipate changes in the market;
5.
Reinforce streets as public places that encourage pedestrian
and bicycle travel and connections to residential areas;
6.
Provide both formal and informal community gathering places;
7.
Provide employment opportunities for existing and future residents
of the City and those of adjacent communities;
8.
Provide visitor accommodations and tourism amenities.
B. The specific purpose of each individual Commercial District is as
follows:
1.
C-N (Neighborhood Commercial). This district is intended to
accommodate a limited range of neighborhood scale retail sales, business,
dining, personal, and professional services conveniently located near
residential areas.
2.
C-G (General Commercial). This district is intended to accommodate
a wide range of retail sales, business, dining, personal, and professional
services, as well as entertainment and lodging.
3.
C-D (Downtown Commercial). This district is intended to encourage
the development of a concentration of pedestrian-oriented commercial,
entertainment, personal service, and office uses in the central business
area of the City, which will provide a focal point of activity for
the City and the surrounding areas. Multifamily residential uses that
compliment commercial uses are also encouraged to create a lively
downtown area.
4.
C-H (Highway Commercial). This district is intended to accommodate
those business and retail uses which provide merchandise and services
desired by motorists, directly from or for motor vehicles. The C-H
District is intended to promote a unified grouping of travel-oriented
uses, such as fueling stations, regional retail, entertainment, dining,
and hotels.
5.
C-BP (Business Park Commercial). This district is intended to
facilitate a flexible administrative, medical, research, and office
centers. The intent is to create, maintain, and support an environment
for employment-generating businesses including administrative, professional
office, limited industry, medical, research, and similar uses. It
is also the intent to provide amenities, personal service, and convenient
restaurant uses for people who work in the business park.
(Prior code § 159.06.010; Ord. 712 6-2-20; Ord. 793, 11/7/2023)
A. Table 17.12.01 lists the uses permitted in each of the Commercial
and Visitor-Serving Districts utilizing the following key:
"P" Use is permitted by right. (A Development Permit may be
required for a new use or structure or expansion of an existing use.)
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"A" Use is accessory to an established primary use.
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"AUP" Use requires an Administrative Use Permit.
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"CUP" Use requires a Conditional Use Permit.
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"TUP" Use requires a Temporary Use Permit.
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"—" Use is prohibited.
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B. Land uses listed in Table 17.12.01 use definitions from the North
American Industry Classification System (NAICS) unless otherwise defined
specifically by this title. The individual land uses permitted in
each of the Mixed-Use Districts are grouped in Table 17.14.01 using
the major land use categories of Commercial, Industrial, Institutional,
Residential and Other.
(Prior code § 159.06.020; Ord. 524 § 5, 2010; Ord. 610 5-2-17; Ord. 712 6-2-20; Ord. 727 1-19-21; Ord. 728 1-19-21; Ord. 762 6-21-22; Ord. 793, 11/7/2023)
A. General Standards. The following standards are minimum unless stated
as maximum. The following standards shall apply to development in
all Commercial Districts, except as otherwise provided for in this
Zoning Ordinance:
1.
All indoor uses shall be conducted within a completely enclosed
structure. Limited outside uses (e.g., patio dining areas and nursery
sales limited to plants and trees) shall be approved with a Development
Permit from the approval authority.
2.
There shall be no visible storage of motor vehicles (except
display area for sale or rent of motor vehicles), trailers, airplanes,
boats, recreational vehicles, or their composite parts; loose rubbish,
garbage, junk, or their receptacles; tents; equipment; or building
materials in any portion of a lot. No storage shall occur on any vacant
parcel. Building materials for use on the same premises may be stored
on the parcel during the time that a valid Building Permit is in effect
for construction.
3.
Every parcel with a structure shall have a trash and recycling
receptacle on the premises. The trash and recycling receptacle shall
comply with adopted standards and be of sufficient size to accommodate
the trash and recycling generated. The receptacle(s) shall be screened
from public view on at least 3 sides by a solid wall 6 feet in height
and on the 4th side by a solid gate not less than 5 feet in height.
The gate shall be maintained in working order and shall remain closed
except when in use. The wall and gate shall be architecturally compatible
with the surrounding structures. Recycling facilities and programs
shall be incorporated into refuse storage/disposal areas.
4.
All roof-mounted air conditioning or heating equipment, vents
or ducts shall not be visible from any abutting lot, or any public
street or right-of-way. This shall be accomplished through the extension
of the main structure or roof parapet or screened in a manner which
is architecturally integrated with the main structure(s).
5.
Elevations of all structures shall be architecturally treated
to ensure compatibility with or enhancing of neighboring structures.
6.
An intensity bonus of up to 12 square feet for each 1 square
foot of permanent space for properly designed and administered day
care facilities may be approved by the review authority.
B. Site Development Standards.
(Prior code § 159.06.030(1); Ord. 716 9-1-20; Ord. 793, 11/7/2023)
In addition to the general development requirements contained in Chapter
17.40 (Property Development Standards), the following standards shall apply to specific commercial land use districts.
(Prior code § 159.06.030(2); Ord. 793, 11/7/2023)
All uses shall be subject to the applicable regulations of this Zoning Ordinance, including, but not limited to, Chapters
17.64 through
17.140, Administration Provisions.
(Prior code § 159.06.050; Ord. 793, 11/7/2023)
A. General.
1.
The following design guidelines in Sections
17.12.070 through
17.12.180 are intended as a reference framework to assist the designer in understanding the City's goals and objectives for high quality development within the commercial land use districts. The guidelines complement the mandatory site development regulations contained in this chapter by providing good examples of appropriate design solutions and by providing design interpretations of the various mandatory regulations.
2.
The design guidelines are general and may be interpreted with
some flexibility in their application to specific projects. The guidelines
will be utilized during the City's design review process to encourage
the highest level of design quality while at the same time providing
the flexibility necessary to encourage creativity on the part of project
designers.
3.
Unless there is a compelling reason, these design guidelines
shall be followed.
B. Applicability. The provisions of Sections
17.12.070 through
17.12.180 shall apply to all commercial development within the City, except when the subject property is under the regulation of an approved specific plan, which is subject to the guidelines contained in Chapter
17.128. Any addition, remodeling, relocation, or construction requiring a Building Permit within any commercial land use district subject to review by the Development Review Committee shall adhere to these guidelines where applicable.
(Prior code § 159.06.060(1) and (2); Ord. 793, 11/7/2023)
A. Desirable Elements of Project Design. The qualities and design elements
for commercial structures that are most desirable include:
1.
Richness of surface and texture;
2.
Significant wall articulation (insets, canopies, wing walls,
trellises);
3.
Multi planed, pitched roofs;
5.
Regular or traditional window rhythm;
6.
Articulated mass and bulk;
7.
Significant landscape and hardscape elements;
8.
Prominent access driveways;
9.
Landscaped and screened parking;
10.
Comprehensive sign program.
B. Undesirable Elements. The elements to avoid or minimize include:
1.
Large blank, unarticulated stucco wall surfaces;
2.
Unpainted concrete precision block walls;
3.
Highly reflective surfaces;
4.
Metal siding on the main facade;
6.
Square "boxlike" structures;
7.
Mix of unrelated styles (i.e. rustic wood shingles and polished
chrome);
8.
Large, out of scale signs with flashy colors;
9.
Visible outdoor storage, loading, and equipment areas;
10.
Disjointed parking areas and confusing circulation patterns.
(Prior code § 159.06.060(3); Ord. 793, 11/7/2023)
Placement of structures shall consider the existing built context
of the commercial area, the location of incompatible land uses, the
location of major traffic generators, and consideration of specific
site characteristics and surrounding influences.
A. Structures shall be sited in a manner that respects the orientation,
privacy and access of adjacent structures.
B. New structures shall be clustered unless site conditions prevent
clustering, as determined by the responsible review authority. The
purpose is to create plazas or pedestrian malls and prevent long "barracks
like" rows of structures. When clustering is impractical, a visual
link between separate structures shall be established. This link can
be accomplished through the use of an arcade system, trellis, or other
open structure.
C. Structures and on-site circulation systems shall be placed and integrated
to avoid pedestrian/vehicle conflicts. Textured paving, landscaping,
and trellises shall be provided to physically and visually connect
structures to the public sidewalk.
D. The importance of spaces between structures as "outdoor rooms" on
the site shall be emphasized through use of clear, recognizable shapes
that reflect careful planning and are not simply left-over areas between
structures. Such spaces shall provide pedestrian amenities such as
shade, benches, fountains, etc.
E. Freestanding, singular commercial structures shall be oriented with
their major entry toward the street where access is provided, as well
as having their major facade parallel to the street.
F. Loading facilities shall be located at the rear or side of structures
and not visible from a public right-of-way.
G. Open space areas shall be clustered into larger, predominant landscape
areas rather than be equally distributed into areas of low impact
such as at building peripheries, behind a structure, or areas of little
impact to the public view, where they are not required as land use
buffer or as a required yard setback.
H. Downtown Commercial Site Planning Standards. Development within a
Downtown Commercial (CD) District shall be designed to:
1.
Provide direct pedestrian linkages to adjacent public sidewalks
and trails.
2.
Create enhanced pedestrian connections throughout the project
between commercial buildings and parking areas.
3.
Provide enhanced pedestrian amenities throughout the project,
including seating, pedestrian area lighting, special paving, public
art, water features, common open space, directories, and similar items
to create a pleasant pedestrian experience.
4.
Incorporate architectural design elements and materials that
relate to a pedestrian scale.
5.
Locate uses in proximity to one another without large intervening
parking lots so that it is convenient for people to walk between the
various uses and park their vehicles only once.
6.
Create a pedestrian scale and character of development along
the street by providing significant wall articulation and varying
roof heights, incorporating pedestrian-scale elements (e.g., doors,
windows, lighting, landscaping), and locating storefronts and common
open space areas (e.g., plaza, courtyard, outdoor dining) near the
public sidewalk to contribute to an active street environment.
7.
Provide a transition to adjacent lower-density residential uses
by reducing building height and increasing building setbacks adjacent
to the residential uses.
(Prior code § 159.06.060(4); Ord. 712 6-2-20; Ord. 793, 11/7/2023)
Parking lot design can be a critical factor in the success or
failure of a commercial use. In considering the possibilities for
developing a new parking area, a developer should analyze the following
factors: ingress and egress with consideration to possible conflicts
with street traffic; pedestrian and vehicular conflicts; on-site circulation
and service vehicle zones; solar orientation, and the overall configuration
and appearance of the parking area.
A. Separate vehicular and pedestrian circulation systems should be provided.
Pedestrian linkages between uses in commercial developments should
be emphasized, including distinct pedestrian access from parking areas
in large commercial developments, such as shopping centers.
B. Parking aisles should be separated from vehicle circulation routes
whenever possible.
C. Common driveways which provide vehicular access to more than 1 site
are encouraged.
D. Parking areas shall be landscaped, receiving interior as well as
perimeter treatment in accordance with the requirements of this Zoning
Ordinance.
E. Parking areas should be separated from structures by either a raised
concrete walkway or landscaped strip, preferably both. Situations
where parking spaces directly abut the structures should be avoided.
F. Shared parking between adjacent businesses and/or developments is
highly encouraged whenever practical.
G. Where parking areas are connected, interior circulation should allow
for a similar direction of travel and parking bays in all areas to
reduce conflict at points of connection.
H. Whenever possible, locate site entries on side streets in order to
minimize pedestrian/vehicular conflicts. When this is not possible,
design the front site entry with appropriately patterned concrete
or pavers to differentiate it from the sidewalks.
I. Parking access points, whether located on front or side streets should
be located as far as possible from street intersections so that adequate
stacking room is provided. The number of access points should be limited
to the minimum amount necessary to provide adequate circulation.
J. Design parking areas to that pedestrians walk parallel to moving
cars. Minimize the need for the pedestrian to cross parking aisles
and landscape areas.
K. Parking areas and pedestrian walkways should be visible form structures
to the greatest degree possible.
L. The parking area should be designed in a manner which links the structures
to the street sidewalk system as an extension of the pedestrian environment.
This can be accomplished by using design features such as walkways
with enhanced paving, trellis structures, or a special landscaping
treatment.
M. Parking areas which accommodate a significant number of vehicles
should be divided into a series of connected smaller lots. Landscaping
and offsetting portions of the lot are effective in reducing the visual
impact of large parking areas.
N. The first parking stall which is perpendicular to a driveway or first
aisle juncture, should be at least 10 feet back from the curb. With
larger centers, significantly more setback area may be required.
O. Utilize a 36-inch-high opaque wall or landscaping to screen any parking
at the street periphery. A combination of walls, berms, and landscape
material is highly recommended. Where practical, lowering the grade
of the parking lot from existing street elevations may aid in obscuring
views of automobiles while promoting views of architectural elements
of the structures beyond.
P. Bicycle parking shall be provided per the
California Building Code
but shall include a minimum of one bicycle rack to secure bicycles.
(Prior code § 159.06.060(5); Ord. 793, 11/7/2023)
A. Landscaping for commercial uses should be used to define specific
areas by helping to focus on entrances to buildings and parking lots,
define the edges of various land uses, provide transition between
neighboring properties (buffering), and provide screening for loading
and equipment areas.
B. Landscaping should be in scale with adjacent structures and be of
appropriate size at maturity to accomplish its intended purpose.
C. Landscaping around the entire base of structures is recommended to
soften the edge between the parking lot and the structure. This should
be accented at entrances to provide focus.
D. Trees should be located throughout the parking lot and not simply
at the ends of parking aisles. In order to be considered within the
parking lot, trees should be located in planters that are bounded
on at least 3 sides by parking area paving.
E. Landscaping should be protected from vehicular and pedestrian encroachment
by raised planting surfaces, raised walks, or the use of curbs. Concrete
mow stripes separating turf and shrub areas are required per the development
regulations.
F. Vines and climbing plants integrated upon buildings, trellises, and
perimeter garden walls are strongly encouraged.
G. Use boxed and tubbed plants in clay or wood containers, especially
for enhancement of sidewalk shops, plazas, and courtyards.
H. At maturity, trees should be able to be trimmed 10 feet above ground
and shrubs should be maintained at a height of approximately 3 feet
to provide adequate visibility.
(Prior code § 159.06.060(6); Ord. 793, 11/7/2023)
A. If not required for a specific screening or security purpose, walls
should not be utilized within commercial areas. The intent is to keep
the walls as low as possible while performing their screening and
security functions.
B. Where walls are used at property frontages, or screen walls are used
to conceal storage and equipment areas, they should be designed to
blend with the site's architecture. Both sides of all perimeter
walls or fences should be architecturally treated. Landscaping should
be used in combination with such walls whenever possible.
C. When security fencing is required, it should be a combination of
solid walls with pillars and decorative view ports or short solid
wall segments and wrought iron/tubular steel grill work.
D. Long expanses of fence or wall surfaces should be offset and architecturally
designed to prevent monotony. Landscape pockets should be provided.
(Prior code § 159.06.060(7); Ord. 793, 11/7/2023)
A. Screening for outdoor storage should be a minimum of 6 feet and a
maximum of 10 feet high. The height should be determined by the height
of the material or equipment being screened. Exterior storage should
be confined to portions of the site least visible to public view.
B. Where screening is required, a combination of elements should be
used including solid masonry walls, berms, and landscaping.
C. Any outdoor equipment, whether on a roof, side of a structure, or
on the ground, shall be appropriately screened from view. The method
of screening shall be architecturally integrated with the adjacent
structure in terms of materials, color, shape, and size. Where individual
equipment is provided, a continuous screen is desirable.
(Prior code § 159.06.060(8); Ord. 793, 11/7/2023)
A. Heights of structures should relate to adjacent open spaces to allow
maximum sunlight and ventilation, protection from prevailing winds,
enhance public views of surrounding mountains and minimize obstruction
of view from adjoining structures.
B. Height and scale of new development should be compatible with that
of surrounding development. New development height should "transition"
from the height of adjacent development to the maximum height of the
proposed structure.
C. Large buildings which give the appearance of "box-like" structures
are generally unattractive and detract from the overall scale of most
buildings. There are several ways to reduce the appearance of large
scale, bulky structures.
1.
Vary the planes of the exterior walls in depth and/or direction.
Wall planes should not run in 1 continuous direction for more than
50 feet without an offset.
2.
Vary the height of the buildings so that it appears to be divided
into distinct massing elements.
3.
Articulate the different parts of a building's facade by
use of color, arrangement of facade elements, or a change in materials.
4.
Use landscaping and architectural detailing at the ground level
to lessen the impact of an otherwise bulky building.
5.
Avoid blank walls at the ground floor levels. Utilize windows,
trellises, wall articulation, arcades, change in materials, or other
features.
6.
All structure elevations should be architecturally treated.
D. Scale, for purposes here, is the relationship between the size of
the new structure and the size of adjoining permanent structures.
It is also how the proposed building's size relates to the size
of a human being (human scale). Large scale building elements will
appear imposing if they are situated in a visual environment which
is predominantly smaller in scale.
1.
Building scale can be reduced through the proper use of window
patterns, structural bays, roof overhangs, siding, awnings, moldings,
fixtures, and other details.
2.
The scale of buildings should be carefully related to adjacent
pedestrian areas (i.e., plazas, courtyards) and other structures.
3.
Large dominating structures should be broken up by:
a.
Creating horizontal emphasis through the use of trim;
b.
Adding awnings, eaves, windows, or other architectural ornamentation;
c.
Use of combinations of complementary colors;
E. The use of standardized "corporate" architectural styles associated
with chain-type restaurants is strongly discouraged.
F. Much of the existing color in the City is derived from the primary
building's finish materials such as brick, wood, stucco, and
terra cotta tile. Also dominant are earth tones that match these natural
materials.
1.
Large areas of intense white color should be avoided. While
subdued colors usually work best as a dominant overall color, a bright
trim color can be appropriate.
2.
The color palette chosen for new structures should be compatible
with the colors of adjacent structures. An exception is where the
colors of adjacent structures strongly diverge from these design guidelines.
3.
Whenever possible, minimize the number of colors appearing on
the structure's exterior. Small commercial structures should
use no more than 3 colors.
4.
Primary colors should only be used to accent elements, such
as door and window frames and architectural details.
5.
Architectural detailing should be painted to complement the
facade and tie in with adjacent structures.
(Prior code § 159.06.060(9); Ord. 793, 11/7/2023)
A. The roofline at the top of the structure should not run in continuous
plane for more than 50 feet without offsetting or jogging the roof
plane.
B. All roof-top equipment shall be screened from public view by screening
materials of the same nature as the structure's basic materials.
Mechanical equipment should be located below the highest vertical
element of the building or parapet.
C. The following roof materials should not be used:
1.
Corrugated metal (standing rib metal roofs are permitted);
2.
Highly reflective surfaces (copper roofs may be considered);
(Prior code § 159.06.060(10); Ord. 793, 11/7/2023)
A. The use of awnings along a row of contiguous structures should be
restricted to awnings of the same form and location. Color of the
awnings should be consistent, and a minimum of 8-foot vertical clearance
should be maintained.
B. Signs on awnings should be printed on and be limited to the awning's
flap (valance) or to the end panels of angled, curved or box awnings.
C. Plexiglas, metal, and glossy vinyl illuminated awnings are strongly
discouraged. Canvas, treated canvas, matte finish vinyl, and fabric
awnings are encouraged.
D. Internally lit awnings should not be used.
(Prior code § 159.06.060(11); Ord. 793, 11/7/2023)
A. Every structure and commercial complex should be designed with a
precise concept for adequate signing. Provisions for sign placement,
sign scale in relationship with the building, and sign readability
should be considered in developing the signing concept. All signing
should be highly compatible with the building and site design relative
to color, material, and placement.
B. Monument-type and wall signs are the preferred alternative for business
identification whenever possible. Where several tenants occupy the
same site, individual wall mounted sign are appropriate in combination
with a monuments sign identifying the development and address.
C. The use of backlit individually cut letter signs (channel letter
sign) is strongly encouraged.
D. Each development site should be appropriately signed to give directions
to loading and receiving areas, visitor parking and other special
areas.
(Prior code § 159.06.060(12); Ord. 793, 11/7/2023)
A. Lighting should be used to provide illumination for the security
and safety of on-site areas such as parking, loading, shipping, and
receiving, pathways, and working areas.
B. The design of light fixtures and their structural support should
be architecturally compatible with the main structures on site. Illuminators
should be integrated within the architectural design of the structures.
C. As a security device, lighting should be adequate but not overly
bright. All building entrances should be well lighted.
D. All lighting fixtures must be shielded to confine light spread within
the site boundaries.
(Prior code § 159.06.060(13); Ord. 793, 11/7/2023)
Proposed structures shall not exceed the maximum height limit
of the district. This section provides a special incentive to increase
the maximum allowable height limit through a program which encourages
such additional amenities as deemed desirable by the Planning Commission.
These amenities may include, but are not limited to, the following:
A. Mixed use developments (i.e., residential above commercial office
and retail uses, restaurants, theaters, etc.);
B. Enhanced pedestrian activities;
C. Improved signage and additional landscaping;
E. Ground level and second floor plazas;
G. Artistic sculptures and aquatic amenities; and
(Prior code § 159.06.060(2)(C); Ord. 793, 11/7/2023)
A business or establishment requiring issuance of an "ABC" license
is subject to a Conditional Use Permit, and shall comply with the
following standard(s), in addition to conditions imposed by the Commission:
A. Establishments subject to an off-site "ABC" license shall not be
located within 500 feet, or as allowed by State law whichever is more
restrictive, of any religious institution, school, or public park
within the City. The license application shall be reviewed by the
Police Department prior to City approval.
B. Sit down restaurants whose predominant function is the service of
food where the on-site sale of alcoholic beverages is incidental or
secondary are exempt from the requirement for a Conditional Use Permit;
an incidental bar or lounge shall be allowed for the convenience of
dining patrons. (Establishments which are primarily a bar or lounge
or have a bar or lounge area as a principal or independent activity
are not included in this exemption.)
(Prior code § 159.06.030(2)(A); Ord. 793, 11/7/2023)
Automobile sales dealerships, new and/or used, in the City must
conform to the intent of this Zoning Ordinance and shall enhance and
promote the image of the City. A Conditional Use Permit shall be required,
and all dealerships must be constructed in the following manner:
A. The minimum site area shall be 15,000 square feet, except where a
larger minimum area is required.
B. All parts, accessories, etc., shall be stored within a fully enclosed
building.
C. Service and associated car storage areas shall be screened from public
view.
D. All on-site lighting shall be stationary and directed away from and
sensitive to adjoining properties and public rights-of-way.
E. All landscaping shall be installed and permanently maintained pursuant to the provisions of Chapter
17.56 (Landscaping Standards and Guidelines).
F. All on-site signage shall comply with the provisions of Chapter
17.44 (Sign Regulations)
G. All loading and unloading of vehicles shall occur on site and not
in adjoining streets or alleys.
H. All vehicles associated with the business shall be parked or stored
on site and not in adjoining streets and alleys.
I. An adequate on-site queuing area for service customers shall be provided.
Required parking spaces may not be counted as queuing spaces.
J. No vehicle service or repair work shall occur except within a fully
enclosed structure. Service bays with individual access from the exterior
of the structure shall not directly face or front on a public right-of-way.
K. All on-site parking shall comply with provisions of Chapter
17.48 (Off-Street Parking and Loading standards). A parking plan shall be developed as part of the permit review process.
L. Every parcel with a structure shall have a trash receptacle on the
premises. The trash receptacle shall comply with applicable City standards
and be of sufficient size to accommodate the trash generated. The
receptacle(s) shall be screened from public view on at least 3 sides
by a solid wall 6 feet in height and on the fourth side by a solid
gate not less than 5 feet in height. The gate shall be maintained
in working order and shall remain closed except when in use. The wall
and gate shall be architecturally compatible with the surrounding
structures. Recycling facilities and programs shall be incorporated
into refuse storage/disposal areas for all new development projects
and all new construction in existing projects.
(Prior code § 159.06.030(2)(B); Ord. 793, 11/7/2023)
The retail sale of groceries, staples, sundry items and/or alcoholic
beverages where the gross floor area is less than 5,000 square feet
is subject to Development Permit review, and shall be constructed
and operated in the following manner:
A. The minimum site area shall be 10,000 square feet.
B. The site shall have direct frontage along a major or secondary street.
The site shall not have primary access on a local residential street.
C. One access drive may be permitted for each street frontage. The design
and location of the access drive(s) shall be subject to the approval
of the City Engineer and the Planning Commission.
D. All on-site lighting shall be energy efficient, stationary, and directed
away from adjoining properties and public rights-of-way.
E. All on-site signage shall comply with the provisions of Chapter
17.44 (Sign Regulations).
F. All landscaping shall be installed and permanently maintained pursuant to the provisions of Chapter
17.56 (Landscaping Standards).
G. All on-site parking shall comply with the provisions of Chapter
17.48 (Off-Street Parking and Loading Standards). A parking plan shall be part of the permit review process.
H. The premises shall be kept in a neat and orderly condition at all
times.
I. Every parcel with a structure shall have a trash receptacle on the
premises. The trash receptacle shall comply with adopted City standards
and be of sufficient size to accommodate the trash generated. The
receptacle(s) shall be screened from public view on at least 3 sides
by a solid wall 6 feet in height and on the 4th side by a solid gate
not less than 5 feet in height. The gate shall be maintained in working
order and shall remain closed except when in use. The wall and gate
shall be architecturally compatible with the surrounding structures.
Recycling facilities and programs shall be incorporated into refuse
storage/disposal areas for all new development projects and all new
construction in existing projects.
J. If on-site dispensing of automotive fuels is provided, the design, location and operation of these facilities shall be consistent with the provisions of Section
17.12.310 (Service station (gasoline) standards). Additionally, the cashier location shall be provided with direct visual access to the pump islands and the vehicles parked adjacent to the islands.
K. A bicycle rack shall be installed in a convenient location visible
from the inside of the store.
L. Each convenience store shall provide a public restroom located within
the store.
M. On-site video games may not be installed or operated on the premises.
N. A convenience store adjacent to any residentially designated district
shall have a 6-foot-high decorative masonry wall along property lines
adjacent to such districts.
O. All parking, loading, circulation aisles, and pump island bay areas
shall be constructed with (PCC) concrete.
(Prior code § 159.06.030(2)(D); Ord. 711 5-19-20; Ord. 793, 11/7/2023)
(Prior code § 159.06.030(2)(E); Ord. 793, 11/7/2023)
This section contains standards for drive-through restaurants
as well as prohibition of same in specified land use districts. Drive-through
restaurants are subject to Development Permit review.
A. Establishments providing drive-through facilities may be permitted
in the C-N, C-H, C-G, and C-BP Zoning Districts.
B. Pedestrian walkways should not intersect the drive-through aisles
if avoidable, but where they do, they shall have clear visibility,
and they must be emphasized by delineated paving or striping.
C. Drive-through aisles shall have a minimum 12-foot width on curves
and a minimum 11-foot width on straight sections.
D. Drive-through aisles shall provide sufficient stacking area behind
menu boards to accommodate a minimum of 4 cars.
E. All service areas, restrooms and ground-mounted and roof-mounted
mechanical equipment shall be screened from view.
F. Landscaping shall screen drive-through or drive-in aisles from the
public right-of-way and shall be used to minimize the visual impact
of menu board signs and directional signs.
G. Drive-through aisles shall be constructed with (PCC) concrete.
H. The drive-through aisle and structure shall be set back from the
ultimate curbface a minimum of 25 feet.
I. Menu boards shall be a maximum of 30 square feet, with a maximum
height of 7 feet and shall face away from the street.
J. Drive-through restaurants within an integrated shopping center shall
have an architectural style consistent with the theme established
in the center. The architecture of any drive-through restaurant must
provide compatibility with surrounding uses in form, materials, colors,
scale, etc. Structure plans shall have variation in depth and angle
to create variety and interest in its basic form and silhouette. Articulation
of structure surface shall be encouraged through the use of openings
and recesses which create texture and shadow patterns. Structure entrances
shall be well articulated and project a formal entrance through variation
of architectural plane, pavement surface treatment, and landscape
plaza.
K. No drive-through aisles shall exit directly onto a public right-of-way.
(Prior code § 159.06.030(2)(F); Ord. 793, 11/7/2023)
Indoor retail concession malls are subject to a Conditional
Use Permit and shall comply with the following standards:
A. Additional refuse containers may be required.
B. A centralized loading area is required.
C. A parking study may be required which addresses available off-street
parking for establishments which are proposed for tenant suites within
existing multi-tenant, commercial centers.
D. Indoor retail concession malls shall be considered to be 1 tenant
for purposes of Zoning Ordinance sign standards.
(Prior code § 159.06.030(2)(G); Ord. 793, 11/7/2023)
Outdoor dining shall require be a development permitted use
(Development Permit required) in all zoning districts in which restaurant
uses are permitted or conditionally permitted within the City. In
addition to meeting all standards necessary for the approval of a
Development Permit, such use shall further comply with all of the
following standards and conditions:
A. Parking shall be provided pursuant to the off-street parking standards set forth in Chapter
17.48 of this Code unless off-street is exempt within the zoning district.
B. No area used for open air dining shall be located in the public right-of-way
except as provided in this section.
C. Any lighting in outdoor dining areas shall comply with all applicable
City ordinances regulating outdoor lighting and shall be of a design
that is directed away from and avoids disruptions to nearby properties
and uses. Flame lighting such as Tiki torches shall only be permitted
if encased in a design that eliminates fire safety hazards in a manner
satisfactory to the City's Fire Department.
D. Reviewing Authority.
1.
Unless otherwise specified herein, the reviewing authority for a Development Permit for outdoor dining shall be the Director of Community Development. If, in the opinion of the Director, an application merits review by the Planning Commission, the Director may refer such application to the Planning Commission, and the Commission shall serve as the reviewing authority and shall conduct a noticed public hearing regarding the request consistent with Chapter
17.104.
2.
Notwithstanding the provisions of subsection
(D)(1) of this section, if the application for a Development Permit for outdoor dining accompanies an application for any other type of discretionary approval from the Planning Commission or City Council for the same site area, the Planning Commission or City Council, as appropriate, shall be the reviewing authority for the application for a Development Permit for outdoor dining and shall conduct a noticed public hearing regarding the request.
E. Outdoor Dining in the Public Rights-of-Way. No outdoor dining use
shall be established in the public right-of-way without further complying
with the following conditions:
1.
A minimum distance of not less than a 5-foot-wide wheelchair
accessible path of travel pedestrian aisle shall be maintained on
the public right-of-way at all times: to assure the required pedestrian
travel aisle, all outdoor dining areas shall be set back a minimum
of 5 feet from the edge of the curb and any fixed sidewalk obstruction,
including, without limitation, curblines, tree wells, street trees,
parking meters, water hydrants, light poles, utility equipment boxes,
newspaper racks and bus benches.
2.
Umbrellas located in the outdoor dining area shall have a minimum
7-foot clearance from the ground to the lowest element of the umbrella
and shall be located completely within the outdoor dining area's
permitted boundaries.
3.
Portable heaters shall be located a minimum of 3 feet from any
combustible material and shall be located completely within the outdoor
dining area's permitted boundaries.
4.
Unless a permanent structure is approved pursuant to the Development
Permit, all fixtures and furniture used in an outdoor dining area
shall be removed from the public right-of-way and stored out of public
view during non-business hours. At the discretion of the reviewing
authority, outdoor dining areas with more than 8 chairs that present
increased safety risks due to their configuration may be required
to provide a permanent barrier delineating the usable open air dining
area from the public right-of-way.
5.
The outdoor dining area must be immediately adjacent to and
abutting the associated restaurant space. Areas used for outdoor dining
shall not extend beyond the building frontage for the associated restaurant
space.
6.
The material and design of the furniture (including umbrellas)
and barrier, if any, shall be reviewed and approved by the reviewing
authority prior to installation. The reviewing authority shall consider
whether the design of the furniture and barrier are integrated and
compatible in terms of color, shape and size with the adjacent restaurant
and shall further ensure that all outdoor furniture and other permitted
structures are of a size, shape and weight that can resist being moved
in severe wind conditions.
7.
An encroachment permit allowing establishment of an outdoor
dining area shall be issued by the Public Works Department in a form
satisfactory to the City Engineer. Such permit shall be conditioned
in a manner acceptable to the City Engineer to protect the health,
safety and welfare of the City and its citizens, and shall include,
without limitation, reasonable insurance requirements and indemnification
provisions acceptable to the City Engineer to protect persons and
the City from injury and risks associated with the outdoor dining
use.
8.
Areas used for outdoor dining in the public right-of-way shall
comply with all applicable provisions of the City's Building
Codes, including, but not limited to, maintaining proper building
egress and ingress at all times, observing maximum seating capacities,
providing proper circulation, and providing appropriate handicap access.
9.
An annual rental fee payable to the City shall be imposed on
the use or operation of outdoor dining areas located in the public
right-of-way. The rental fee schedule shall be set by resolution of
the City Council. In the event that a permit is suspended pursuant
to this section, rental fees shall not be required to be paid during
the period of suspension.
10.
Areas used for outdoor dining in the public right-of-way shall
at all times be maintained in a neat and orderly manner free from
any visible signs of disrepair.
11.
Music, whether live or prerecorded, and any other form of live
or prerecorded entertainment, shall not be broadcast or performed
within outdoor dining areas occupying the public right-of-way. Electronic
sound amplification equipment (e.g., speakers, microphones, amplifiers,
sound receivers) is prohibited within outdoor dining areas occupying
the public right-of-way.
12.
Alcohol served in outdoor dining areas in the public right-of-way
shall only be served in its original container or in nondisposable
drinkware. A permittee serving alcohol within a sidewalk dining area
shall place a notation on the menus provided to patrons that states
in bold lettering of a size that is no smaller than 1/4 of an inch
in height:
"People consuming alcohol on the public sidewalk or other public
place outside of this outdoor dining area are subject to arrest. DHSMC
Section 9.08.040."
Any outdoor dining area located in the public right-of-way that
intends to serve alcohol shall be required to have a barrier satisfactory
to the reviewing body cordoning off the entire outdoor dining area
from the public sidewalk or other public areas.
13.
All outdoor dining areas located in the public right-of-way
shall remain free of litter at all times.
14.
There shall be no modification of the texture of the surface
of the public right-of-way to accommodate the outdoor dining facilities.
15.
Outdoor dining areas located in the public right-of-way shall
not interfere with visibility, vehicular or pedestrian mobility.
16.
Use, occupation, and obstruction of the public right-of-way
for outdoor dining purposes is a revocable privilege. As such, a Development
Permit may be suspended or revoked according to procedures of this
chapter when, in the discretion of the Director of Community Development,
the Police Chief, the Fire Chief, the City Engineer, the Public Works
Director, or the City Manager, any such use, occupation or obstruction
may interfere with public safety efforts or programs, street improvement
activities, construction activities, public utility installations,
cleaning efforts or other similar activities or with the health, welfare
or safety of the citizens of the City.
F. In addition to any other noticing requirements provided in this Zoning
Ordinance, the following noticing requirements shall apply to Development
Permit applications for outdoor dining uses:
1.
A notice of intended decision regarding an application for an
Outdoor Dining Permit shall be mailed at least 10 days prior to any
decision rendered by the Director of Community Development to all
property owners and residential occupants within 300 feet of the exterior
boundaries of a project site.
G. All outdoor dining areas shall comply with the City's noise ordinances, including, without limitation, Section
17.40.180 (Noise) of this Code.
H. In approving a Development Permit for outdoor dining, the reviewing
authority may impose such conditions as may be reasonably necessary
to protect the public health, safety, and general welfare, and to
ensure that the proposed outdoor dining use is established and conducted
in a manner that is consistent with this section and the development
standards for the underlying commercial zone. The conditions imposed
by the reviewing authority may include, but shall not be limited to:
1.
The appropriate setback for the proposed outdoor dining use;
2.
Pedestrian access and safety;
3.
Barrier requirements surrounding the proposed outdoor dining
use;
4.
The time limit on the permit;
5.
Restrictions governing the hours of operation of the proposed
outdoor dining use may operate;
6.
Design restrictions to ensure neighboring properties and uses
are not negatively impacted by noise, light or other attributes of
the outdoor dining use.
I. Revocation or suspension of a Development Permit for outdoor dining shall occur pursuant to the standards and procedures set forth in applicable sections of Chapter
4.36 of the Desert Hot Springs Municipal Code.
J. Any violation of subsection
A,
B,
C,
D,
E, or
G of this section shall constitute a public nuisance and an infraction, subject to all remedies available by law.
(Prior code § 159.06.030(2)(G-1); Ord. 695 10-15-19; Ord. 793, 11/7/2023)
The intent of this section is to provide for the appropriate
location and design of outdoor sales and display areas and to mitigate
any adverse impacts that such uses may have on adjacent properties
and rights-of-way.
A. Accessory Outdoor Sales and Display Permitted. Outdoor sales and
display shall be permitted as an accessory use only in commercial
and industrial land use districts, subject to the following requirements:
1.
Outdoor sales and display shall only be accessory to a principal
nonresidential use where such use conducts its activities within a
completely enclosed building or group of buildings on the same property,
shall be conducted by employees of the principal use, and shall be
owned by the owner of the principal use and not a consignment operation
or arrangement.
2.
Outdoor sales and display shall only be permitted in an area
not greater than 500 square feet or 10% of the gross floor area of
the ground floor of the building, whichever is less.
3.
No outdoor sales and display shall be allowed in areas set aside,
required or designated for driving aisles, driveways, maneuvering
areas, emergency access ways, off-street parking or unloading/loading.
4.
No outdoor sales, storage or display areas shall be located
in the clear sight triangle as defined by this Code, or located in
any manner that would restrict or limit adequate sight distances for
interior or exterior vehicular movements.
5.
Outdoor sales and display items shall be located at least 50
feet away from any residentially zoned property and display shall
be completely screened from view from any abutting residentially zoned
property.
6.
No material or display items shall be located within 3 feet
of any building entry.
7.
Items may be located on sidewalks in the public right-of-way
only if a continuous path with a minimum 5-foot width is maintained
along the property. Outdoor sales and display items shall be permitted
on privately owned walks or other areas intended for pedestrian movement
provided an unobstructed, continuous path with a minimum 5-foot width
is maintained.
8.
Items shall be located on a permanent durable surface.
9.
All items shall be safely displayed against displacement by
the wind.
10.
Stacked items shall not exceed 6 feet in height.
11.
All items shall be brought indoors at the end of each business
day. No overnight sales and display are permitted.
12.
Vending machines and accessory outdoor sales and display may
be permitted outside of the building and within a required setback
when located against and parallel to the building facade, extending
up to 4 feet in depth from the building in a manner that does not
impede pedestrian and ADA access. These items shall count toward the
total outdoor sales and display area permitted by this section.
(Ord. 793, 11/7/2023)
Mini-malls (small scale, up to 30,000 square feet, multi-tenant
shopping centers) are subject to a Development Permit and shall comply
with the following standards:
A. All development and operational standards outlined in Section
17.12.210 (Convenience stores), except for items in subsections
D and
Q, shall apply.
B. The development shall provide internal continuity, uniformity, and
compatibility relating to architectural design, vehicular and pedestrian
access, and on-site provisions for landscaping, loading, parking and
signage.
C. To the extent feasible, the on-site vehicular circulation system
shall provide continuity with adjacent and similar commercial developments.
D. Every parcel with a structure shall have a trash receptacle on the
premises. The trash receptacle shall comply with adopted City standards
and be of sufficient size to accommodate the trash generated. The
receptacle(s) shall be screened from public view on at least 3 sides
by a solid wall 6 feet in height and on the 4th side by a solid gate
not less than 5 feet in height. The gate shall be maintained in working
order and shall remain closed except when in use. The wall and gate
shall be architecturally compatible with the surrounding structures.
Recycling facilities and programs shall be incorporated into refuse
storage/disposal areas for all new development projects and all new
construction in existing projects.
(Prior code § 159.06.030(2)(H); Ord. 793, 11/7/2023)
(Prior code § 159.06.030(2)(I); Ord. 793, 11/7/2023)
A. Household recycling facilities are subject to permit review in all
commercial and industrial land use districts according to the following
schedule:
Type of Facility
|
Districts Permitted
|
Permit Required
|
---|
Reverse vending machine(s) and machine(s) vending
|
All commercial and all industrial
|
Development Permit up to 5 reverse vending machines
|
Small collection
|
C-G, C-N, C-D
|
Development Permit
|
Large collection
|
C-N, C-D and all industrial
|
Conditional Use Permit
|
Light processing
|
All industrial
|
Conditional Use Permit
|
Heavy processing
|
All industrial
|
Conditional Use Permit
|
B. For the purposes of this section, the following definitions shall
apply:
"Collection facility"
means a center for the acceptance by donation, redemption,
or purchase of recyclable materials from the public, which may include
the following:
1.
Reverse vending machine(s).
2.
Small collection facilities which occupy an area of less than
500 square feet and may include:
b.
Bulk reverse vending machines or a grouping of reverse vending
machines occupying more than 50 square feet; and
c.
Kiosk-type units which may include permanent structures.
3.
Large collection facilities which may occupy an area of more
than 500 square feet and may include permanent structures.
"Mobile recycling unit"
means an automobile, truck, trailer, or van, licensed by
the Department of Motor Vehicles which is used for the collection
of recyclable materials, including bins, boxes, or containers transported
by trucks, vans or trailers, and used for the collection of recyclable
materials.
"Processing facility"
means a building or enclosed space used for the collection
and processing of recyclable materials to prepare for either efficient
shipment or to an end user's specifications by such means as
baling, briquetting, compacting, flattening, grinding, crushing, mechanical
sorting, shredding, cleaning and remanufacturing. Processing facilities
include the following:
1.
Light processing facility occupies an area of under 45,000 square
feet of collection, processing and storage area, and averages 2 outbound
truck shipments per day. Light processing facilities are limited to
baling, briquetting, crushing, compacting, grinding, shredding and
sorting of source separated recyclable materials sufficient to qualify
as a certified processing facility. A light processing facility shall
not shred, compact, or bale ferrous metals other than food and beverage
containers.
2.
A heavy processing facility is any processing facility other
than a light processing facility.
"Recycling facility"
means a center for the collection and/or processing of recyclable
materials. A certified recycling facility or certified processor is
certified by the California Department of Conservation as meeting
the requirements of the California Beverage Container Recycling and
Litter Reduction Act of 1986. A recycling facility does not include
storage containers located on a residential, commercial or manufacturing
designated parcel used solely for the recycling of material generated
on the parcel. "Recycling or recyclable material" means reusable domestic
containers, including, but not limited to, metals, glass, plastic
and paper which are intended for reuse, remanufacture, or reconstitution
for the purpose of using in altered form. Recyclable material does
not include refuse or hazardous materials.
"Reverse vending machine"
means an automated mechanical device which accepts at least
1 or more types of empty beverage containers, including, but not limited
to, aluminum cans, glass and plastic bottles, and issues a cash refund
or a redeemable credit slip with a value not less than the container's
redemption value as determined by the State. A reverse vending machine
may sort and process containers mechanically provided that the entire
process is enclosed within the machine. In order to accept and temporarily
store all container types in a proportion commensurate with their
relative redemption rates, and to meet the requirements of certification
as a recycling facility, multiple grouping of reverse vending machines
may be necessary.
A bulk reverse vending machine is a reverse vending machine
that is larger than 50 square feet, is designed to accept more than
1 container at a time and will pay by weight instead of by container.
|
"Supermarket"
means a full-service, self-service retail store with gross
annual sales of $2,000,000 or more, and which sells a line of grocery,
canned goods, or non-food items and some perishable items.
C. The standards for recycling facilities are as follows:
1.
Reverse vending machine(s) located within a commercial structure
shall require a Development Permit, shall not require additional parking
spaces for recycling customers, and may be permitted in all commercial
and industrial land use districts subject to compliance with the following
standards:
a.
Shall be installed as an accessory use to a commercial use which
is in full compliance with all applicable provisions of this Zoning
Ordinance and the Municipal Code;
b.
Shall be located within 30 feet of the entrance to the commercial
structure and shall not obstruct pedestrian or vehicular circulation;
c.
Shall not occupy parking spaces required by the primary use;
d.
Shall occupy no more than 50 square feet of floor space per
installation, including any protective enclosure, and shall be no
more than 8 feet in height;
e.
Shall be constructed and maintained with durable waterproof
and rustproof material;
f.
Shall be clearly marked to identify the type of material to
be deposited, operating instructions, and the identity and phone number
of the operator or responsible person to call if the machine is inoperative;
g.
Shall have a sign area of a maximum of 4 square feet per machine,
exclusive of operating instructions;
h.
Shall be maintained in a clean, sanitary, and litter-free condition
on a daily basis;
i.
Shall have operating hours consistent with the operating hours
of the primary use;
j.
Shall be illuminated to insure comfortable and safe operation
if operating hours are between dusk and dawn; and
k.
Shall maintain an adequate on-site refuse container for disposal
of nonhazardous waste.
2.
Small collection facilities located within applicable commercial
and industrial land use districts shall be subject to a Development
Permit, and comply with the following standards:
a.
Shall be installed as an accessory use to an existing commercial
use which is in full compliance with all applicable provisions of
this Zoning Ordinance and the Municipal Code;
b.
Shall be no larger than 500 square feet and occupy no more than
5 parking spaces not including space that will be periodically needed
for removal of materials or exchange of containers;
c.
Shall be set back at least 10 feet from any public right-of-way,
and not obstruct pedestrian or vehicular circulation;
d.
Shall accept only glass, metals, plastic containers, papers
and reusable items;
e.
Shall use no power-driven processing equipment except for reverse
vending machines;
f.
Shall use containers that are constructed and maintained with
durable waterproof and rustproof material, covered when site is not
attended, secured from unauthorized entry or removal of material,
and shall be of a capacity sufficient to accommodate materials collected
and collection schedule;
g.
Shall store all recyclable material in the mobile unit vehicle
and shall not leave materials outside of the unit when attendant is
not present;
h.
Shall be maintained in a clean and sanitary manner free of litter
and any other undesirable materials, including mobile facilities;
i.
Shall not exceed noise levels of 65 dBA as measured at the property
line of adjacent residential land use districts;
j.
Attended facilities shall not be located within 100 feet of
any residential land use district;
k.
Collection containers, site fencing, and signage shall be of
such color and design so as to be compatible with and to harmonize
with the surrounding uses and neighborhood;
l.
Containers shall be clearly marked to identify the type of material
which may be deposited; the facility shall be clearly marked to identify
the name and telephone number of the facility operator and the hours
of operation and display a notice stating that no material shall be
left outside the recycling enclosure of containers;
m.
Signs may be provided as follows:
i.
Recycling facilities may have identification signs with a maximum
of 15% per side of a structure or 16 square feet, whichever is greater.
In the case of a wheeled facility, the side will be measured from
the ground to the top of the container,
ii.
Signs shall be consistent with the character of their location,
and
iii. Directional signs, consistent with Chapter
17.44 (Sign Standards), bearing no advertising message may be installed with the approval of the Director if found necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way;
n.
Shall not impair the landscaping required by Chapter
17.56 (Landscaping Standards and Guidelines) for any concurrent use;
o.
No additional parking space shall be required for customers
of a small collection facility located at the established parking
lot of the primary use. One space will be provided for the attendant,
if needed;
p.
Mobile recycling units shall have an area clearly marked to
prohibit other vehicular parking during hours when the mobile unit
is scheduled to be present;
q.
Occupation of parking spaces by the facility and by the attendant
shall not reduce available parking spaces below the minimum number
required for the primary use unless all of the following conditions
exist:
i.
A parking study shows that existing parking capacity is not
already fully utilized during the time the recycling facility will
be on the site, and
ii.
The permit shall be reviewed at the end of 18 months;
r.
Shall not be 24-hour operations;
s.
May be subject to landscaping and/or screening as determined
by the review authority; and
t.
Shall maintain adequate refuse containers for the disposal of
nonhazardous waste.
3.
A large collection facility which is larger than 500 square
feet, or on a separate parcel not accessory to a "primary" use, which
has a permanent structure is permitted in the commercial, and industrial
land use districts, subject to a Conditional Use Permit, and the following
standards:
a.
The facility does not abut a parcel designated or planned for
residential use;
b.
The facility shall be screened from the public right-of-way,
within an enclosed structure;
c.
Structure setbacks and landscape requirements shall be those
provided for the land use district in which the facility is located;
d.
All exterior storage of material shall be in sturdy containers
which are covered, secured, and maintained in good condition. Outdoor
storage shall be screened by a 6-foot, solid decorative masonry wall.
No storage, excluding truck trailers shall be visible above the height
of the wall. No outdoor storage shall be permitted in the land use
districts, which do not permit outdoor storage;
e.
The site shall be maintained clean, sanitary and free of litter
and any other undesirable materials, and will be cleaned of loose
debris on a daily basis;
f.
Space shall be provided on site for 6 vehicles to circulate
and to deposit recyclable materials;
g.
Four parking spaces for employees plus 1 parking space for each
commercial vehicle operated by the recycling facility shall be provided
on site;
h.
Noise levels shall not exceed 65 dBA as measured at the property
line of adjacent residential land use districts;
i.
If the facility is located within 500 feet of property designated,
or planned for residential use, it shall not be in operation between
7:00 p.m. and 7:00 a.m.;
j.
Any containers provided for after hours donation of recyclable
materials shall be at least 50 feet from any residential land use
district permanently located, of sturdy rustproof construction, and
shall have sufficient capacity to accommodate materials collected
and be secure from unauthorized entry or removal of materials;
k.
Donation areas shall be kept free of litter and any other undesirable
material and the containers will be clearly marked to identify the
type of material that may be deposited. The facility shall display
a notice stating that no material shall be left outside the recycling
containers;
l.
The facility shall be clearly marked with the name and phone
number of the facility operator and the hours of operation; identification
and informational signs shall meet the standards of the land use district;
and directional signs bearing no advertising message may be installed
with the approval of the Director, if necessary to facilitate traffic
circulation; and
m.
Adequate refuse containers for the disposal of nonhazardous
waste shall be permanently maintained on site.
4.
Light processing facilities and large processors shall be permitted
in all industrial land use districts subject to a Conditional Use
Permit, and shall comply with the following standards:
a.
The facility shall not abut a residentially designated parcel;
b.
In the I-L land use district, processors shall operate within
a completely enclosed structure;
c.
Power-driven processing shall be permitted provided all noise
level requirements are met. Light processing facilities are limited
to baling, briquetting, crushing, compacting, grinding, shredding,
and sorting of source-separated recyclable materials and repairing
of reusable materials;
d.
A light processing facility shall be no larger than 45,000 square
feet and shall have no more than an average of 2 outbound truck shipments
of material per day and shall not shred, compact or bale ferrous metals
other than food and beverage containers;
e.
Structure setbacks and landscaping requirements shall be those
provided for the land use district in which the facility is located;
f.
All exterior storage of material shall be in sturdy containers
or enclosures which are covered, secured and maintained in good condition.
Storage containers for flammable materials shall be constructed of
nonflammable material. No storage excluding truck trailers shall be
visible above the height of the required walls;
g.
The site shall be maintained in a clean manner and free of litter
and any other undesirable material(s). Loose debris shall be collected
on a daily basis and the site shall be secured from unauthorized entry
and removal of materials when attendants are not present;
h.
Space shall be provided on site for the anticipated peak load
of customers to circulate, park and deposit recyclable materials.
If the facility is open to the public, a parking area shall be provided
for a minimum of 10 customers at any 1 time;
i.
One employee space shall be provided for each commercial vehicle
operated by the processing center;
j.
Noise levels shall not exceed 65 dBA as measured at the property
line of residential land use districts;
k.
If the facility is located within 500 feet of property designated
or planned for residential use, it shall not be in operation between
7:00 p.m. and 7:00 a.m. The facility shall be administered by on-site
personnel during the hours the facility is open;
l.
Any containers provided for after-hours donation of recyclable
materials shall be at least 100 feet from any residential land use
district parcel, and shall be sturdy, rustproof construction, with
sufficient capacity to accommodate materials collected, and shall
be secure from unauthorized entry or removal of materials;
m.
Donation areas shall be kept free of litter and any other undesirable
material. The containers shall be clearly marked to identify the type
of material that may be deposited. The facility shall display a notice
stating that no material shall be left outside the recycling containers;
n.
Signs shall be installed pursuant to Chapter
17.44 (Sign Standards). Additionally, the facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation;
o.
No dust, fumes, smoke, vibration or odor above ambient level
shall be detectable from adjacent residentially designated parcels;
and
p.
The facility shall maintain adequate on-site refuse containers
for the disposal of nonhazardous waste.
(Prior code § 159.06.030(2)(J); Ord. 793, 11/7/2023)
(Prior code § 159.06.030(2)(K); Ord. 793, 11/7/2023)
Service stations are subject to a Development Permit and shall
comply with the following standards:
A. New service stations shall be permitted only at the intersections
of major and secondary arterials, their intersections with freeway
off-ramps, and as tenants of multi-tenant shopping centers, provided
that they are integrated into the design of the shopping centers.
A maximum of 2 service stations shall be permitted at each intersection.
The use shall not adjoin a residential land use district.
B. The minimum parcel size shall be 15,000 square feet, with a minimum
frontage of 100 feet on each street.
C. All activities and operations shall be conducted entirely within
an enclosed structure, except as follows:
1.
The dispensing of petroleum products, water and air from pump
islands;
2.
The provision of emergency service of a minor nature;
3.
The sale of items via vending machines which shall be placed
next to the main structure in a designated area not to exceed 32 square
feet, and which must be screened from public view.
4.
Outdoor sale and display as provided for in this chapter.
D. Pump islands shall be located a minimum of 20 feet from a street
property line, however, a canopy or roof structure over a pump island
may encroach up to 10 feet within this distance. Additionally, the
cashier location shall provide direct visual access to the pump islands
and the vehicles parked adjacent to the islands.
E. The maximum number of points of ingress/egress to any 1 street shall
be 2.
F. There shall be a minimum distance of 30 feet between curb cuts along
a street frontage.
G. No driveway may be located closer than 35 feet to the curb return.
H. The width of a driveway may not exceed 36 feet at the sidewalk.
I. On-site parking shall be provided at 1 space for each pump island,
plus 1 space for each service bay.
J. Outside storage of motor vehicles is prohibited.
K. No vehicles may be parked on sidewalks, parkways, driveways or alleys.
L. No vehicle may be parked on the premises for the purpose of offering
it for sale.
M. Landscaping shall comprise a minimum of 15% of the service station-site area, exclusive of required setbacks, and shall be provided and permanently maintained according to the following regulations, as well as those contained in Chapter
17.56 (Landscaping Standards and Guidelines):
1.
A minimum 5-foot-wide (inside dimension), 6-inch-high planter
area shall be provided along interior property lines, except for openings
to facilitate vehicular circulation to adjacent properties. Where
adjacent to a periphery wall, trees planted not more than 16 feet
apart shall be included in the planter areas.
2.
A planter area of not less than 200 square feet shall be provided
at the corner of 2 intersecting streets. Landscaping shall not exceed
a height of 30 inches.
3.
A minimum of 50 square feet of planter area shall be located
along those portions of the main structure fronting on a public street.
4.
Additional landscaping may be required to screen the service
station from adjacent properties.
N. All on-site signage shall comply with the provisions of Chapter
17.44 (Sign Standards).
O. Openings of service bays shall not face the public right-of-way and
shall be designed to minimize the visual intrusion onto adjoining
properties.
P. No used or discarded automotive parts or equipment, or disabled,
junked or wrecked vehicles may be located in any open area outside
the main structure.
Q. Every parcel with a structure shall have a trash receptacle on the
premises. The trash receptacle shall comply with adopted City standards
and be of sufficient size to accommodate the trash generated. The
receptacle(s) shall be screened from public view on at least 3 sides
by a solid wall 6 feet in height and on the fourth side by a solid
gate not less than 5 feet in height. The gate shall be maintained
in working order and shall remain closed except when in use. The wall
and gate shall be architecturally compatible with the surrounding
structures. Recycling facilities and programs shall be incorporated
into refuse storage/disposal areas for all new development projects
and all new construction in existing projects.
R. All light sources, including canopy, perimeter, and flood shall be
energy efficient, stationary and shielded or recessed within the roof
canopy so that the service station shall be indirectly visible, and
light is deflected away from adjacent properties and public rights-of-way.
Lighting shall not be of such a high intensity as to cause a traffic
hazard or adversely affect adjoining properties. No luminary shall
be higher than 15 feet above finished grade.
S. Where an existing service station adjoins property in a residential
land use district, a 6-foot-high decorative masonry wall shall be
constructed at the time the station requires a permit for the on-site
improvement/modification. Materials, textures, colors and design of
the wall shall be compatible with on- site development and adjoining
properties. When the wall reaches the established front yard setback
line of a residentially designated lot abutting or directly across
an alley from the service station, it shall decrease to a height of
30 inches.
T. Restroom entrances viewable from adjacent properties or public rights-of-way
shall be concealed from view by planters or decorative screening.
U. Noise from bells or loudspeakers shall not be audible beyond the
property line at any time.
V. All parking, loading, circulation aisles, and pump island bay areas
shall be constructed with (PCC) concrete.
(Prior code § 159.06.030(2)(L); Ord. 793, 11/7/2023)
A structure originally constructed as a service station and
which is proposed for conversion to another allowable use shall require
upgrading and remodeling for such items as, but not limited to, removal
of all gasoline appurtenances, removal of pump islands, removal of
gas tanks, additional street improvements or modification of existing
improvements to conform to access regulations, exterior remodeling,
and any additional standards as required by this Zoning Ordinance.
(Prior code § 159.06.030(2)(M); Ord. 793, 11/7/2023)
Additions, alterations and expansion to single-family units
which legally existed in the commercial and industrial districts prior
to October 2000, shall comply with the R-L District Standards.
(Prior code § 159.06.030(2)(N); Ord. 793, 11/7/2023)
A structure originally constructed as a family residence which
is proposed for conversion to a low intensity office use shall require
the following:
A. The building elevations and the landscaping between the front property
line and the building front shall be maintained in their residential
character.
B. Parking shall be provided to the rear of the structure. Access may
be permitted from the original driveway if there is a minimum width
of 10 feet.
C. Any trees with a trunk diameter greater than 6 inches shall be preserved.
If it becomes necessary to remove a tree with a trunk diameter greater
than 6 inches, each tree removed shall be replaced on a 2:1 ratio
with 36-inch box trees.
D. If the rear property line abuts an alley, access to parking shall
be provided from the alley whenever possible.
E. Where 2 or more single-family residences adjacent to one another
are converted to office uses, reciprocal access and parking may be
required.
F. Parking spaces shall be provided as determined at project review.
To the greatest extent possible professional office parking requirements
shall be met.
G. Unattended tandem parking will be permitted if it is determined such
parking would be appropriate for the use.
H. Parking lot landscaping may be reduced to 5% of the parking area
(plus setbacks) if it is deemed necessary in order to provide adequate
parking spaces.
I. Loading spaces are not required.
J. A monument sign shall be permitted in accordance with Chapter
17.44 (Sign Regulations).
K. The structure shall be made to conform to the provisions of the California
Building Code for commercial structures.
L. Trash receptacles should be placed to the rear of the structure and
screened from view. Location and size of receptacles will be determined
at project review. Recycling facilities and programs shall be incorporated
into refuse storage/disposal areas for all new development projects
and all new construction in existing projects.
(Prior code § 159.06.030(2)(O); Ord. 793, 11/7/2023)
A. Applicability. The standards and criteria established in this section
apply to any business enterprise in the City of Desert Hot Springs
that engages in tattooing and/or body piercing.
B. Definitions.
1.
The following words and phrases shall have the same meanings
as set forth in California
Health and Safety Code Section 119300 et
seq., as the same may be amended from time to time, and whenever used
in this section shall be construed as defined in this section:
"Body piercing"
means the creation of an opening in the body of a human being
for the purpose of inserting jewelry or other decoration. This includes,
but is not limited to, piercing of an ear, lip, tongue, nose, or eyebrow.
"Body piercing" does not include piercing an ear with a disposable,
single-use stud or solid needle that is applied using a mechanical
device to force the needle or stud through the ear.
"Permanent cosmetics"
means the application of pigments to or under the skin of
a human being for the purpose of permanently changing the color or
appearance of the skin. This includes, but is not limited to, permanent
eyeliner, eye shadow, or lip color.
"Tattooing"
means to insert pigment under the surface of the skin of
a human being, by pricking with a needle or otherwise, to produce
an indelible mark or figure visible through the skin.
2.
Other Defined Terms. The following terms and phrases, whenever
used in this section shall be construed as defined in this section:
"Branding"
means any method, including, but not limited to, the use
of heat, cold, chemical compound, or cauterizing to apply a scar to
the body for the purpose of creating a permanent mark or design on
the skin.
"Scarification"
means any method used to alter skin texture by cutting the
skin and controlling the body's healing process in order to produce
wounds which result in permanently raised welts or bumps, or any other
technique that changes the contour, or level plane of the skin and/or
results in a scar on the skin.
C. Extreme Body Modification Services Prohibited. Business enterprises which engage in the performance of extreme body modification services, as defined in this section, are prohibited in all zones throughout the City of Desert Hot Springs. No permit or any other applicable license or entitlement for use, including but not limited to the issuance of a business license, shall be approved or issued for the establishment, maintenance or operation of any business enterprise that engages in the performance of extreme body modification services within the City limits of the City of Desert Hot Springs. The establishment, maintenance or operation of any business enterprise which conducts extreme body modification services within the City limits is declared to be a public nuisance and may be abated by the City either pursuant to Chapter
4.16 of the Desert Hot Springs Municipal Code or any available legal remedies, including, but not limited to, Title
4 (Code Enforcement) of the Desert Hot Springs Municipal Code and/or civil injunctions.
D. Business License Required. A business license, pursuant to the provisions in Chapter
5.04 of the City's Municipal Code, shall be required prior to operating a tattoo establishment and/or body piercing establishment. A business license shall not be authorized unless sufficient evidence is provided that proprietors of tattoo and/or body piercing establishments have registered with Riverside County Health Department pursuant to Section 119303 of the California
Health and Safety Code.
E. Location Criteria. A proposed tattoo establishment and/or body piercing
establishment shall be located in compliance with the following requirements:
1.
The use shall not be located within a 300-foot radius of any
other tattoo establishment and/or body piercing establishment.
2.
For the purposes of separation requirements, the distance measured
shall be from the main entrance of the tattoo establishment and/or
body piercing establishment to the main entrance of any other tattoo
establishment and/or body piercing establishment.
F. Enforcement. The establishment, maintenance or operation of a tattoo establishment and/or body piercing establishment in violation of this section, is declared to be a public nuisance and may be abated by the City either pursuant to Chapter
4.16 of the Desert Hot Springs Municipal Code or any available legal remedies, including, but not limited to, Title
4 (Code Enforcement) of the Desert Hot Springs Municipal Code and/or civil injunctions. In addition, in the event the tattoo establishment or body piercing establishment operates or is maintained in violation of and/or in noncompliance with the City's regulations, as set forth in this section,
Health and Safety Code Section 119300 et seq., Chapter 6.1 of the California
Health and Safety Code, also known as the Medical Waste Management Act (MWMA) of 1991, or the conditions of approval, the City may commence Conditional Use Permit revocation proceedings, as provided in Chapter
17.76 of the City's Municipal Code.
(Ord. 524 § 3, 2010; Ord. 793, 11/7/2023)
For purposes of this section, "mobile food vending vehicle park"
means a commercial private property, allowing vendors to vend on its
premises on an ongoing basis with approval of an Administrative Use
Permit.
A. Mobile food vending vehicle parks may be established within the City
and shall comply with the following additional requirements:
1.
All mobile food vendors shall obtain a Mobile Food Vending Vehicle Permit and abide by all regulations in Desert Hot Springs Municipal Code Chapter
5.52.
2.
All mobile food vending vehicles will be parked on a paved surface.
3.
Maintain permanent restroom facilities with ADA access.
4.
Provide at least 3 paved parking spaces per mobile food vending
vehicle.
5.
Maintain sufficient trash receptacles and trash removal services.
6.
Tables, chairs, carts, shade structures, or other vending-related
installations may be erected.
7.
Sufficient lighting shall be required if the vendor remains
open for business after dusk.
8.
Shall comply with all requirements of Title 17 of the Desert
Hot Springs Municipal Code.
(Ord. 690 9-3-19; Ord. 793, 11/7/2023)