HomeMy Public PortalAboutOrd 0088Amended by Ord. 100
ORDINANCE NO. 88
THE ZONING ORDINANCE OF THE CITY OF RANCHO MIRAGE.
The City Council of the City of Rancho Mirage
does hereby ordain as follows:
Section 1: Purpose:
are:
The purposes of this ordinance
(a) To protect the public safety, health and
welfare by prohibiting any uses which may be in conflict
with the Master Plan and subsequent zoning ordinance which
has been studied and adopted by the Rancho Mirage Ad Hoc
Citizens Advisory Committee, the Planning Commission and
City Council.
(b) To permit flexibility and, consequently, more
creative and imaginative design for the development of
residential and commercial areas than generally is possible
under conventional zoning regulations. It is further intended
to promote more economical and efficient use of the land
while providing a harmonious variety of housing choices, a
higher level of urban amenities, and preservation of natural
scenic qualities of open spaces.
(c) To promote flexibility in design and permit
planned diversification in the location of structures.
(d) To promote the efficient use of land to
facilitate a more economic arrangement of buildings, cir-
culation systems, land use and utilities;
(e) To preserve to the greatest extent possible,
the existing landscape features and amenities and to utilize
such features in a harmonious fashion, such as date groves,
mountains and desert terrain.
(f) To provide for more usable and suitably lo-
cated recreation facilities and other public and common
facilities than would otherwise be provided under conven-
tional land development procedures;
(g) To combine and coordinate architectural
styles, building forms and building relationships within the
planned unit developments;
(h) To insure a quality of construction com-
mensurate with other developments within the City.
Section 2: Establishment of Zones.
In order to classify, regulate, restrict, and separate
the use of land, buildings and structures, and to regulate
and limit the type, heighth, bulk and architecture of buil-
dings and structures in the various districts and to regulate
landscaping, open space and density, the City is divided into
the zones set forth hereinafter. Each of the zones contem-
plate development pursuant to the Planned Unit Development
concept as opposed to the historically strict and rigid zoning
concepts used in most municipalities. The Planned Unit De-
velopment concept is intended to provide for flexibility of
project design while insuring quality of development and
planned growth for the City. Rather than establishing strict
regulations applicable to all situations which could result
in drab uniformity or inappropriate standards for innovative
projects this ordinance establishes broad design controls within
which developers must operate, but which allow creative and
innovative concepts to be expressed. However, each develop-
ment is subject to detailed review by Staff, City Planning
Commission, City Council and the public. The zones thus es-
tablished are as follows:
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(a) Residential.
(1) PUD Type A (PUD-A).
( 2 ) PUD Type B ( PUD-B ) .
(3)
Residential Equestrian Agricultural
(REA).
(4) Existing single family subdivisions (ESF).
(b) Commercial.
(1) PUD-C.
(2) PUD Limited Commercial (PUD-LC).
(c) PUD - Mixed (PUD-MX).
(d) PUD Institutional (PUD-I).
(e) Agriculture-Open Space (AOS).
Section 3: Uses Permitted.
(a) Subject to the provisions set forth herein-
after, the following uses shall be permitted in the zones
indicated:
(1) Residential.
a)
PUD-A: Single family residences,
condominiums and such other uses
designed primarily to serve the
residents of the development in
which they are located as may be
approved by the City Council.
b)
PUD-B: This zone is created to
provide the alternative of less
expensive housing for families,
job holders, college students,
and other working residents of the
City. Permitted uses are apartments,
multi-family dwellings, and parking
for adjacent PUD-C, PUDLC or PUDB
uses.
c)
REA: This zone is created to preserve
and protect residential areas which
are oriented toward agricultural,
horticultural, and/or equestrian
activities. Permitted uses include
single family residences and condo-
miniums, agriculture, horticulture,
animal husbandry, commercial riding
stables, roping arenas, polo grounds,
and such other activities consistent
with the above permitted uses approved
by the City Council.
d)
ESF: Single family residences in
existing subdivisions.
( 2 ) Commercial.
a) PUD-C.
1) Antique shops.
2) Appliance stores, household.
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3) Art supply shops and studios.
4) Automobile parts and supply stores
(retail).
5) Bakery shops, including baking
only when incidental to retail
sales on the premises.
6) Banks and financial institutions.
7) Barber and beauty shops.
8) Bicycle sales and rentals.
9) Blueprint and duplicating
services.
10) Book stores and binders.
11) Catering services.
12) Ceramic sales and manufacturing
for on-site sales, provided the
total volume of kiln space does
not exceed sixteen (16) cubic
feet.
13) Cleaning and dyeing shops.
(No processing). Retail only.
14) Clothing stores.
15) Confectionery or candy stores.
16) Costume design studios.
17) Delicatessens.
18) Department stores.
19) Drug stores.
20) Dry goods stores.
21) Employment agencies.
22) Florist shops.
23) Food markets and frozen food
lockers.
24) Gift shops.
25) Hardware stores.
26) Household goods sales, such as, but
not limited to, new furniture,
carpets, draperies, lamps, radios,
and television sets, and repair
of same as an incidental part of
an appliance store.
27) Hobby supply shops.
28) Hotels.
29) Ice cream shops.
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30) Ice sales, not to include ice
plants.
31) Interior decorating shops.
32) Jewelry stores with incidental
repairs.
33) Laboratories, film, dental, medi-
cal, research or testing.
34) Laundries and laundromats. (retail
only. )
35) Leather goods stores.
36) Liquor stores.
37) Locksmith shops.
38) Mail order businesses.
39) Manufacturer's agent.
40) Meat markets, not to include
slaughtering.
41) Mimeographing and addressograph
services.
42) Motels.
43) Music stores.
44) News stores.
45) Notions or novelty stores.
46) Nurseries and garden supply
stores.
47) Offices, professional businesses.
48) Paint and wallpaper stores, not
including paint contractors.
49) Pet shops and pet supply shops.
50) Photography shops and studios
and photo engraving.
51) Retail poultry markets, not to
include slaughtering or live
sales.
52) Printers or publishers.
53) Produce markets. (retail only.)
54) Radio and television broadcas-
ting studios. (no transmitting).
55) Recording. studios.
56) Restaurants and other eating
establishments, excluding drive
in, drive up or drive through.
57) Schools, business and profes-
sional, including art, barber,
beauty, dance, drama, music and
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b)
swimming.
58) Shoe stores and repair shops.
59) Signs, appurtenant business
name. Sign or lettering
shop.
60) Sporting good stores.
61) Stationery stores.
62) Tailor shops.
63) Telephone exchanges.
64) Theatres, excluding drive ins.
65) Tire sales and service, not in-
cluding recapping.
66) Tobacco shops.
67) Tourist information centers.
68) Top shops.
69) Travel agencies.
70) Typewriter sales and rental
and incidental repairs.
71) Watch repair shops.
72) Health clubs, excluding massage
parlors.
PUD-LC. This zone is created to allow
commercial uses in areas which, because of
previous development, find commer-
cial, multi-family residential and
single family residential uses juxta
posed. The intent of this zone is to
allow only such commercial and parking
uses which shall not unreasonably inter-
fere with the peaceful and relatively
quiet use of the residential uses
close by, as a result of:
1) The emission of dust, gas, smoke,
noise, fumes, odors, vibrations
or night illumination; or
2) The creation of an unreasonable
amount of traffic on streets also
serving residential uses; or
3) The construction of the struc-
ture whose height or bulk unrea-
sonably obstruct the view of the
desert or surrounding mountains
from adjacent properties.
(3) PUD-I. Public buildings, churches, private
schools, hospitals, public utility installations and related
facilities.
(4) AOS-Agriculture, recreation, open space
and compatible uses.
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(5) PUD-MX. This zone is designed to provide
various types of land use which can be combined in compatible re-
lationship with each other as part of a totally planned develop-
ment. It is the intent of this zone to insure compliance
with the General Plan and good zoning practices while allowing
certain desirable departures from the strict provisions of specific
zone classifications. The advantages which are intended to
result from the application of the PUD-MX Zone are to be insured
by the adoption of a preliminary and final development plan with
a specific time limit for commencement of construction. Only such
uses which are found by the Planning Commission and the City
Council to be in conformity with the General Plan and sound com-
munity development shall be allowed.
(b) Notwithstanding the provisions of paragraph
(a) hereof, in all cases except those in which no construc-
tion or change in the site is required other than remodeling
of existing structures, the cost of which is less than
$5,000, no use or site preparation shall be commenced or
carried on without first obtaining a land use permit pursuant
to the provisions set forth hereinafter.
Section 4: Adoption of Map.
The zones and the boundaries of those zones and each of
them are hereby established and adopted as shown and deline-
ated and designated on the "Official General Plan and Zoning
Map of the City of Rancho Mirage", which map, together with
all notations, references, data, boundaries, and other informa-
tion attached thereto, is made a part hereof, and by this
reference is adopted.
Section 5: Land Use Permit Procedure.
(a) Application.
(1) Filing. Each application for a land
use permit shall be verified before a Notary Public by the
owner of the land or building, or the lessee of the land
or building having a leasehold interest of not less than
25 years.
(2) Form and contents. Application shall be
made on forms furnished by the Planning Department and shall
be full and complete, including such data as may be prescribed
by the Planning Commission to assist in determining the validity
of the request.
(b) Filing fee.
When the application for a land use permit is
filed, a fee shall be paid in such amount as has been pre-
scribed by resolution of the City Council for the purpose
of deferring the costs incidental to the proceedings.
(C) Staff Investigation.
The Planning Staff shall make an investigation of
the facts bearing on the case to provide the information
necessary for action consistent with the intent of this ordi-
nance and the Master Plan and shall report the findings to
the Commission.
(d) Approvals Required.
(1) Prior to the issuance of a land use permit,
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or commencement of any project or the issuance of any building
permit, the applicant shall submit and have approved, a pre-
liminary development plan and a final development plan.
(2) In ESF zones and in such other cases as
the Director of Planning and Development may deem appropri-
ate, procedures for the approval of the preliminary develop-
ment plan and the final development plan may be combined using
the procedures for the approval of the preliminary development
plan.
(3) The Director of Planning and Development
may issue a land use permit for development in ESF zones upon
the applicant filing the information required in the preliminary
development plan and final development plan and upon a determina-
tion by the Director of Planning and Development that the project
conforms with the design controls applicable as set forth here-
inafter. The decision of the Director of Planning and Develop-
ment shall be given within a reasonable period of time, shall
be in writing and shall be sent to the applicant by registered
mail, postage prepaid. The decision of the Director of Plan-
ning and Development shall be final unless appealed.
apply:
a)
The following appeal procedure shall
i) No decision of the Director
of Planning and Development shall be effective until a
period of ten (10) days has elapsed following the written
notice of the decision.
ii) During this period, the applicant,
any member of the City Council or any person aggrieved or
affected may appeal the action of the Director of Planning
and Development to the Planning Commission. This appeal
shall be filed in writing and shall set forth the reasons
for such appeal.
iii) The Planning Commission shall
hear such appeal within forty (40) days after the date of
filing. The notice of said hearing and all procedures
thereafter shall be in the form and in the manner as pre-
scribed for hearings before the Planning Commission as
set forth hereinafter.
4) In zones other than ESF the preliminary
development plan and the final development plan shall be ap-
proved pursuant to the provisions set forth hereinafter.
5) The preliminary development plan of
the subject property shall include:
a) The legal description.
b) The proposed locations of all buil-
dings, circulation patterns and other specific use areas
such as, parking, active recreation and open space.
c) Calculations showing the gross area
of the property, net area of the property after dedications,
building coverage, streets and open parking, open space, and
recreation areas.
d) Number and size of proposed units
and density based on net and gross acreage.
e) Preliminary report regarding provi-
Page 8
sions for utilities, drainage and sewage disposal.
f) If required by the Director of Plan-
ning and Development, a topographic map of the property,
traffic study, geological report and economic feasibility
report.
g) Such other and further information
as may be required by the Director of Planning and Develop-
ment to determine whether or not the project conforms with
applicable design controls.
h) An environmental assessment form or
an environmental impact report.
and Notice.
6) Planning Commission Public Hearing Date
a) The hearing date shall be set by
the Planning Department for not less than ten (10) nor
more than forty (40) days after the filing of the verified
application with the Planning Commission.
b) Notice of public hearing shall
contain the time and place of the hearing and the location
and proposed use of the subject property.
c) Notice shall be posted at least
three places within the city not less than ten (10) days
before the hearing date.
d) In addition to posting, notice shall
be mailed, postage prepaid, not less than ten (10) days
before the hearing date, to owners of property within a
radius of 500 feet of the exterior boundaries of the
subject property. The applicant shall provide all postage
required.
e) A list of property owners and their
addresses typed upon self-addressed, gummed labels within
the prescribed distances, shall be furnished by the appli-
cant. Said list shall be prepared and certified by a title
insurance company, civil engineer or surveyor licensed by
the State of California. If any property on this list is
owned by the United States Government in trnst for the
Indian tribe or individual Indian, a subsequent list of the
names and addresses of individual Indian owners shall be
obtained from the Bureau of Indian Affairs and signed by the
Director of Indian Affairs or his authorized representative.
No application shall be accepted for filing without the
required property owners list.
7) Planning Commission Public Hearing Recom-
mendation and Notice.
a) On the date set for said hearing, the
Planning Commission shall hear arguments in favor and
against the issuance of said zoning permit.
b) The Commission shall announce and re-
cord its decision within thirty (30) days after the con-
clusion of the public hearing. Said decision shall set
forth the findings of the Commission and any recommended
conditions, including the time limit deemed necessary to
protect the health, safety and welfare of persons in the
neighborhood and in the city as a whole.
c) The decision and findings of the Plan-
Page 9
ning Commission shall be filed with the City Council with-
in fifteen (15) days after its announcement, and a copy
thereof shall be mailed to the applicant at the address
shown on the application.
8) Commission Findings and Condition.
The Planning Commission in recommending appro-
val of a land use permit shall find as follows:
a) That the use applied for in the loca-
tion set forth in the application is properly one for
which a land use permit is authorized by this ordinance.
b) That the use is necessary or desirable
for the development of the community, is in harmony with
the various elements or objectives of the proposed Master
Plan, conforms with the applicable design control and is
not detrimental to existing uses or to uses specifically
permitted in the zone in which the proposed use is to be
located.
c) That the site for the proposed use
relates to highways and streets properly designed and
improved to carry the type and quantity of traffic gener-
ated or to be generated by the proposed use.
d) That the conditions stated in the de-
cision and shown on the approved site plan are deemed
necessary to protect the public health, safety and general
welfare. Such conditions may include:
1) Regulation of use.
2) Special yards, spaces and buffers.
3) Fences and walls.
4) Servicing of parking areas, subject
to city specifications.
5) Required street, service road or
alley dedications and improvements
or appropriate bonds.
6) Regulation of points of vehicular
ingress and egress.
7) Regulation of signs.
8) Requiring landscaping and mainte-
nance thereof.
9) Requiring maintenance of the grounds.
10) Requiring regulation of noise, vibra-
tion and odors.
11) Regulation of time for certain acti-
vities.
12) Time period within which the proposed
use shall be developed and completed.
13) Duration of use.
14) And such other conditions as will
make possible the development of
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city in an orderly and efficient
manner and in conformity with the
intent and purposes set forth in
this ordinance and the proposed
Master Plan.
9) The recommendations of the Planning Commission
shall be forwarded to the City Council and the applicant
and shall be placed on the agenda of a City Council meeting
occurring no fewer than ten (10) nor more than forty (40)
days after the mailing of the recommendation to the appli-
cant. Mailing and posting of public notice of the City
Council meeting shall be the same as that for the Planning
Commission. The City Council shall render its decision within
fifteen days after the close of the hearing. The decision of
the City Council shall be final.
10) Final Development Plan.
The applicant shall submit a final development
plan for consideration by the Planning Commission. Such final
plan shall be substantially in conformance with the prelim-
inary development plan. The final development plan shall
consist of the following:
a) A site plan showing in detail the design
and location of all functional areas such as parking, land-
scaping, recreation, auto and pedestrian circulation, and
showing buildings and their relationship to said functional
areas.
b) A tabulation of the total land use area
and percentage thereof designed for various uses.
c) Exterior elevations, including colors
and materials to be used, roof pitch and type.
d) Landscape plan including walls and
location, number, size and name of all trees, shrubs,
and ground cover.
e) Irrigation plan.
signs.
f) Location, size and lighting of all
g) Plan indicating all proposed lighting.
h) Grading plan for the entire property
described in the preliminary development plan.
i) In addition, the final development
plan shall be accompanied by the following:
i)
A statement indicating the
stages of construction proposed
by the entire development.
ii)
A statement of provisions for
ultimate ownership of all
parts of the development, inclu-
ding streets, structures and
open spaces and suitable deed
covenants providing for continu-
ing use of property for open
space purposes and provisions
for maintenance.
Page 11
j) Such other and further information as
may be required by the Director of Planning and Development
to determine whether or not the project conforms with appli-
cable design controls and the intent of the Master Plan.
k) In the event the project does not comply
with the applicable design controls and the applicant desires
an exception therefrom, or in the event the applicant, any
City Councilman, or any other person aggrieved or affected
by a ruling of the Planning Commission desires to appeal to
the City Council the following rules shall apply:
i) No decision of the Planning Commis-
sion shall become effective until a period of ten (10) days
has elapsed following the written notice of the decision.
ii) During this period, the applicant,
any City Councilman, or any person aggrieved or affected, may
appeal action of the Planning Commission to the City Council.
This appeal shall be filed in writing and shall set forth
the reason for such appeal. In the event the project does
not comply with the applicable design controls and the ap-
plicant desires an exception thereto, the same procedures
shall apply.
iii) The City Council shall hear such
appeals or requests for exceptions within forty (40) days
after the date of filing. The notice of mailing and posting
of public hearing shall be the same as that for the Planning
Commission as set forth hereinabove.
iv) The City Council shall render a
decision within fifteen (15) days after the close of the
hearing. The Council decision shall be final.
v) The applicant shall be notified
in writing of the Council's decision at the address shown
in the application.
11) Modification of Final Development Plan.
Final development plan may be modified by sub-
mitting a request for such modification according to the
same procedure as is required by the initial approval
process, including a public hearing by the Planning Com-
mission and appeal to the City Council. Minor modifica-
tions may be approved by the Director of Planning & Develop-
ment.
12) Termination of Proceedings.
If, within one year after the date of approval
by the Planning Commission or City Council, as the case
may be, of the preliminary development plan, the final
development plan has not been approved by the Planning
Commission or City Council, as the case may be, the pro-
cedures and actions which had taken place up to that
time shall be null and void and the land use permit shall
expire. No extension of time shall be allowed.
13) Termination of Land Use Permit.
If in the opinion of the Planning Commission
the owner or owners of the property which is the subject
of the land use permit, have not commenced substantial con-
Page 12
struction within six (6) months from the date that the
final development plan is approved by the Planning Com-
mission, or City Council, as the case may be, or there
has not been compliance with the requirements of time
schedules specified by the Planning Commission or City
Council, as the case may be, the land use permit shall
automatically become null and void. On the recommendation
of the Planning Commission and for good cause shown by the
property owner, the City Council may extend the period
required for the commencement and completion of construc-
tion.
Section 6: Design Controls. The following design con-
trols shall apply to all land use permit applications:
(a) Density.
1) PUD-A - not to exceed three units per acre.
2) PUD-B - not to exceed ten units per acre.
3) REA - not to exceed one unit per acre.
4)
ESF - density in conformance with
existing development within the
subdivision.
(b) All single story buildings in excess of
twenty feet in height and all buildings in excess of one
story shall be subject to approval by the City Council.
(c) Minimum dwelling size. The minimum dwelling
area is computed by calculating the living areas as measured
on the outside of walls and excludes garages, carports and
exterior courtyards.
1) PUD-A, REA and ESF.
a) Single family detached dwellings.
Livable Area Max.#/Bedrooms Min.#/Baths
1,400 sq. ft.
1,700 sq. ft.
1,900 sq. ft.
2 i 1/2
3 or 2 bed- 13/4
room & den
4 2
b) Condominiums and Planned Development Units.
850 sq. ft.
1,250 sq. ft.
1,650 sq. ft.
1 1
2 i 3/4
3 2
2 ) PUD-B.
a) Apartment.
850 sq. ft.
1,150 Sq. ft.
1,450 sq. ft.
1,650 sq. ft.
1 1
2 i 1/2
3 i 3/4
3+ 2
3) PUD-C
a) Hotels and motels.
500 sq. ft. 3/4
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4) Minimum Room Size Standard.
a) Garages - 400 sq. ft.
b) Bedrooms - 140 sq. ft.
c) Bathrooms - (tub, toilet and lavatory).
Full bath - 50 sq. ft.
3/4 bath (stall shower, toilet and
lavatory) - 40 sq. ft.
1/2 bath (toilet and lavatory) - 30 sq. ft.
(d) Landscape and open space design.
1) The overall character of open spaces
should be inviting and should encourage people to gather,
sit and chat, with places for children to play and activi-
ties for all ages and interest groups. Open space within
development is divided into two basic types:
a)
b)
The plaza concept with a sophis-
ticipated, somewhat formal quality
designed to handle large groups
of people in a concentrated area;
Park like areas and green belts with
more relaxed, informal qualities.
Green belts are not restricted to
being an urban, formal, park like
landscape area. Green belts
could be the use of natural desert
trees and plants that reflect the
natural desert flora. As many ap-
propriate uses as possible should
be encouraged for all open space
areas. The major objective is to
create spaces people can enjoy
through active, passive or visual
use. Permitted improved open space
uses are: golf courses, lakes, ten-
nis courts, stables, corrals, polo
fields, and other recreational uses.
Open space design and site planning
should minimize security and mainte-
nance problems. The landscaping of
open spaces and parcels should be the
overall unifying element. The scale
of the open spaces should be appro-
priate for the use and scale of the
buildings and all landscape features
should be harmonious with adjacent
structures.
2) A complete landscape plan shall be
submitted.
3) Grading. Considerable imagination
should be used in developing topographical features. In
the park or informal areas, sculptured grading should be
used to create interest to separate uses and to screen
service elements. In plazas, malls, or golf courses,
grade changes should be used to give a three dimensional
quality. In areas where hillside grading has been done,
any development proposal must include a grading plan
which indicates the method of remedial grading.
4) Trash storage. All trash storage
Page 14
shall be enclosed with architectural walls of sufficient
height to screen these areas from view, yet permit access
by trash collectors.
5) Parking areas. All parking areas shall
be efficiently screened from adjoining properties and public
rights of way. A three (3') foot high berm parallel to the
parking shall be installed every 210 feet or three parking
bays. A minimum landscaped strip of a continuous planting
mass six (6') to ten (10') feet wide and three (3') feet
high or an approved architectural wall shall be provided
around all major parking areas. One tree, minimum 15 gallons
at installation shall be provided for each five car spaces.
A minimum of 15% of gross parking area shall be planted with
trees, shrubs and ground cover. The maximum spacing between
trees in parking areas shall be forty (40') feet. Large
parking areas shall be divided into small increments by
visual barriers such as planted earth berms and barrier
planting. All planting within parking areas shall be pro-
tected by curbs and raised planters. Each stall shall be 10
feet wide and 20 feet deep.
6) Lighting. Ample security and safety
lighting shall be provided in all portions of the develop-
ment. This includes parking lot lighting, step lighting
and other illumination necessary to assure safety. The
placement of exterior lights shall not direct light into
adjacent structures or lots. All lighting fixtures in
any one parcel shall be of the same basic or complimentary
design to assure visual continuity. The use of accent or
landscape lighting to direct burial (up lights) and
structure or tree-mounted (down lights) shall be encour-
aged to add visual interest.
7) Walls and fences. Only one type of
fence or wall shall be used in any one parcel. No gal-
vanized chain-link fencing shall be employed other than
a chain-link fence used in combination with a living
fence. All walls and fences shall be visually softened
by landscaped tracery. Chain-link fences without a living
fence shall be allowed in the REA zones, except when said
fence is within twenty (20) feet of the property line and
abutts a street and on golf club fairway lots as a pro-
tective measure.
8) Landscape hardware. Miscellaneous ~
landscape features such as benches, fountains, trash recep-
tacles and planter boxes shall be coordinated throughout
any development. All must be designed for safety, durabili-
ty and aesthetics.
9) Planting. The detail landscape plans
submitted for approval shall show the type, spacing and
size of plant material. All areas fronting on public
rights of ways shall be planted immediately upon comple-
tion of building construction, and final inspection shall
not be complete until all planting has been completed. The
placement of trees and shrubs should not block views at
intersections and should be of a type and location that will
not become a nuisance. The seasonal characteristics of plant
materials shall be considered in order to give the develop-
ment visual interest and attractive vegetation throughout
the year.
10) Maintenance. All planted areas shall be~.
irrigated with an underground irrigation system. The
maintenance of planted trees shall be considered in selec-
ting plant materials.
11) Minimum required open space.
Page 15
a)
PUD-A - 80% of the premises shall be
maintained as open space.
b)
PUD-B - 75% of the premises shall be
maintained as open space.
c)
REA - 80% of the premises shall be
maintained as open space.
d)
ESF - 75% of the premises shall be
maintained as open space.
e)
PUD-C and PUD-CL - 50% of the premises
shall be maintained as open space.
f) PUD-MX to be determined in each case.
(3) Utility Control.
All utilities in all zones, shall be in underground
conduits. Air conditioning units, compressors and other equip-
ment shall be screened or incorporated into the detailed de-
sign of units. Television antennas shall be restricted to at-
tics or loft space units.
(e) Maintenance.
Maintenance responsibilities for open space areas
within parcels shall be clearly stated in the final develop-
ment plan. The plan shall indicate areas to be maintained,
by whom, and how often.
(f) Building orientation, continuity and architec-,
tural expression.
1) Each building within a parcel shall have a'
definite view orientation toward attractive activity areas
such as landscaped courtyards and walkways. No buildings
shall be visually oriented toward parking areas, delivery,
docks, maintenance yards, or truck access routes.
2) Individual buildings within a complex of
buildings, whether constructed by a single developer or
various developers shall be related in terms of the struc-
tural systems, exterior materials, fenestrations, modules
and materials, general architectural expression and charac-
ter, scale and proportion in such a way that the complex has
visual continuity of form.
3) Building skylights, staircases, lighting
fixtures and air conditioning machinery may project above
the roof line and may be expressed as irregular shapes so
long as the architectural treatment is similar. For exam-
ple, all stair towers should be of a similar shape and color
to the exterior material specified for the entire complex
and all machinery on roofs should be screened by opaque
materials which conform to the design controls for exterior
wall color.
4) Great emphasis shall be placed upon
achieving a California desert style as described herein.
(g) Roofs and walls.
1) Roofs.
Four roof types shall be per-
mitted.
a)
A flat roof covered with crushed
rock or gravel, light in color.
b) A pitched roof with a pitch'of
Page 16
under four in twelve, which shall
be covered with lightly colored
crushed rock, gravel, tile or shakes.
c)
A pitched roof incorporating more
feasible a pitch, ranging from four
in twelve to eight in twelve inclu-
ding skylights and/or overhead open-
ings and celestory lighting condi-
tions.
d)
An expressed facia roof. The facia
shall be restricted to a minimum
height of three feet and should occur
on the top edge of all structures on
which it is used. The finish for this
facia shall be submitted for approval.
2 ) Roof materials.
a)
Pitched roofs:
rock or gravel.
are earth tones.
Tile or shakes, crushed
The recommended colors
b)
Flat roofs: Pea gravel or crushed
rock over multi-ply roofing. Recom-
mended colors are light tones, such
as sand and tan.
3) Walls.
a)
Acceptable: Because walls will be
a main architectural visual element
in any major development, restraint
must be exercised in the number of
permissible finish wall materials.
The harmony of materials and parti-
cularly color treatment is essen-
tial to achieve unity in the project.
Because the proposed California desert
style suggest a textured wall surface,
the recommended exterior wall finish
materials are textured stucco, con-
crete, or concrete blocks. Stucco
coloring in housing developments and
concrete coloring in other buildings
shall be restricted to being generally
light in tone, covering 75% of the
wall surface. The remaining 25% shall
be in darker shades and/or accent
colors.
b)
Unacceptable: the following are deemed
unacceptable in any development.
i)
Stucco walls divided by wood
dividers.
ii)
Non-anodized and unpainted
aluminum finished window frames.
iii) Metal grills and facades, however,
those grills and facades of uni-
que design and in keeping with
the general decor shall be per-
mitted subject to approval by the
Planning Commission.
iv)
Unstuccoed or untextured concrete
block walls; provided however,
Page 17
v)
vi)
that concrete block walls of
unique wall designs shall be
permitted subject to approval
by the Planning Commission.
Exposed steel as a structural
system.
Corrigated Asbestos, fiberglass
or plastic panels.
(h) Parking: The following minimum on-site parking
requirements shall apply:
1) PUD-A-two covered car spaces plus one-
half uncovered off-street parking spaces per unit.
2) PUD-B-two covered car spaces plus one-
quarter uncovered off-street parking spaces per unit.
3) REA - two covered car spaces plus one
uncovered off-street parking space per unit.
4) ESF - two covered car spaces plus one
uncovered off-street parking space per unit.
5) PUD-C and PUD-LC
a) Retail stores: One space per 200
useable square feet of building area.
b) Restaurants: One space for each 45
square feet of building area, excluding
kitchens, lobbies, rest rooms, service
areas and other non-public use areas.
c) Plus one space per 4 employees per shift.
6) Parking shall not be allowed in any
event in any required front or side yard, except on the
designated driveway.
7) All parking shall be on paved hard surface.
Section 7:
i)
Displays of merchandise for sale:
all merchandise for sale with the
exception of living plants, shall be
within enclosed buildings and no other
merchandise shall be placed for display
or sale outside of any commercial buil-
ding, except for limited periods of
time and by permit of the City Council.
Change of Zone Procedure.
An amendment to the Zoning Map changing any property /
from one zone to another, shall be made in accordance with
the provisions of this Section. An amendment to the Zoning
Map constitutes a precise plan under the State Planning
Law.
(a) Criteria for changing zones: The Planning
Commission in recommending and the City Council in reviewing
a proposed change of zone, shall consider whether the fol-
lowing conditions exist in reference to the proposed zoning
of the subject property.
1) The proposed change of zone is in con-
formity with the General Plan Map and Report. Any amendment
of the General Plan necessitated by the proposed change of
zone shall be made according to the procedures set forth in
Page 18
the State Planning Law (Title 7, Chapter 3, Article 8,
Government Code) either prior to the zone change or notice
may be given and hearings held on such General Plan amend-
ment concurrently with notice and hearings on the proposed
change of zone.
2) The subject property is suitable for
the uses permitted in the proposed zone, in terms of ac-
cess, size of parcel, relationship to similar or related
uses, and other considerations deemed relevant by the
Council and Commission.
3) The proposed zone is necessary and
proper at this time, and is not likely to be detrimental
to the adjacent property or residents.
(b) Procedure.
1) Initiation.
a)
The Planning Commission may initiate
proceedings by motion and then hold
public hearings.
b)
The City Council may initiate pro-
ceedings by motion and then submit
the matter to the Planning Commission
for public hearings.
c)
The owner of the land or building
affected by any application or a
lessee having a leasehold interest
of not less than 25 years, may apply
for amendment or change of zone,
which application shall be veri-
fied before a Notary Public. The
petition shall be on forms provided
by the Planning Department and shall
be full and complete and shall include
such data and information as may be
prescribed by the Planning Commis-
sion to assist in determining the
validity of the request and the manner
in which it meets the considerations
set forth hereinabove. An incomplete
application shall not be accepted for
filing.
d)
Application for a change of zone
to PUD-MX shall be accompanied by a
Preliminary Development Plan and
any such change of zone shall not
be adopted until a final development
plan has been approved as provided
herein.
2) Filing Fee.
When a petition for change of zone is filed, a
fee shall be paid in such amount as has been prescribed by
the resolution of the City Council for the purpose of defraying
the costs incidental to the proceedings.
3) Staff Investigation.
The Planning Department shall investigate
the facts bearing on the proposed zone change to provide
information necessary to assure action consistent with the
intent of this ordinance and the General Plan and shall
report the findings to the Commission.
4)
Notice of Commission Public Hearing Date and
Notice.
Page 19
a)
The hearing date shall be set by the
Director of Planning and Development
for not less than ten (10) days, nor
more than forty (40) days after the
filing of a petition or after the
initiating motion by the Council or
Commission.
b)
Notice of public hearing shall contain
the time and place of the hearing and
a general description of the area pro-
posed for change.
c)
Notice shall be posted in at least
three (3) places within the
City not less than ten (10) days
before the hearing date.
d)
In addition to posting, mailed notice
shall be given. Notice shall be mailed,
postage prepaid by the applicant, not
less than ten (10) days before the
hearing date to owners of property
proposed for change and to owners of
500 feet of the exterior boundaries
of the subject property.
e)
A list of property owners and their
addresses typed on self-addressed,
gummed labels within the prescribed
distances shall be furnished by the
applicant.
Said list shall be prepared and certi-
fied by a title insurance company,
civil engineer or surveyor licensed
by the State of California. If any
property on the list is owned by the
United States Government in trust for
the Indian tribe or individual Indian
a subsequent list of the names and
addresses of the individual Indian
owners shall be obtained from the
Bureau of Indian Affairs and signed
by the Director of Indian Affairs or
his authorized representative. No
application shall be accepted for
filing without the required property
owners' list.
5) Commission Public Hearing, Recommendation
and Notice Thereof.
a)
The Commission shall, not less than
ten (10) nor more than thirty (30)
days after the posting of the
legal notice of a public hearing on
a zone change, hold said hearing.
b)
The Commission shall announce and
record its decision within thirty
days after the conclusion of the
public hearing. Said decision shall
recommend either the approval or dis-
approval of the proposedlzone change
and shall set forth findings in
support of the recommendation. The
Commission may reduce, but shall
Page 20
not enlarge the area of the proposed
zone change in any way, unless the
proper notice and publication of
the enlarged area is made.
c)
The said decision shall be filed
with the City Council within ten
(10) days after its announcement
and a copy thereof shall be mailed
to the petitioner at the address
shown on the petition.
6) Council Public Hearing Date and Notice.
a)
The hearing date of the City Council
public hearing shall be set by the
City Clerk for not less than forty
(40) days after the filing of the
Commission's recommendations to the
Council. The Council shall, not
less than ten (10), nor more than
forty (40) days after posting of
legal notice of a public hearing
of the zone change, hold said
public hearing. The notice of
mailing and posting of public
hearing shall be the same as that
for the Planning Commission as set
forth hereinabove.
7) Council Decision and Referral.
a)
After holding at least one public
hearing, the Council may either
disapprove or adopt by ordinance
the proposed zone change. The
Council may modify or overrule
the recommendation of the Commis-
sion provided that the proposed
modification has been referred back
to the Commission for a report pur-
suant to the following paragraph.
The Commission shall review the changes
proposed and referred to it by the
Council and shall report its recommen-
dations back to the Council. Said
report shall be filed with the Coun-
cil not more than forty (40) days
after the referral by the Council.
8) Termination of PUD-MX Zone.
In the event the land use permit previously
granted for development of property in a PUD-MX Zone is
terminated pursuant to the provisions of Section 5(d) (13)
hereof or for any other reason or by operation of law or
otherwise, this Zone shall terminate and the zoning appli-
cable to the property prior to the application of the PUD-
MX Zone shall automatically be reinstated.
Section 8: Zoning Ordinance Text Amendment.
Any amendment to the text of this ordinance which im-
poses any regulation not theretofore imposed, or removes or
modifies any such regulation theretofore imposed, shall be
made according to the following procedure.
(a) Procedure.
(1) Initiation.
Page 21
a)
The Planning Commission may initiate
proceedings by motion and then hold
public hearings and make a recommenda-
tion as provided below.
b)
The City Council may initiate pro-
ceedings by motion and then submit
the matter to the Commission for public
hearings.
(2) Staff Investigation. The Planning Department
shall provide and shall study the proposed ordinance amend-
ment and shall provide information necessary to assure action
consistent with the intent of this ordinance and the General
Plan and shall report the findings to the Commission.
(3) Notice of Commission Public Hearing.
a)
The hearing date shall be set by
the Director of Planning and
Development for not less than
ten (10) nor more than thirty (30)
days after the initiating motion by the
Commission or Council.
b)
Notice of the required public
hearing shall contain the time
and place of the hearing and the
general purpose of the proposed
amendment.
c)
Notice shall be posted in at least
three places within the City not less
than ten (10) days before the date
set for the hearing.
(4) Commission Public Hearing, Recommendation
and Notice Thereof.
a)
The Commission shall, not less than
ten (10) days nor more than thirty
(30) days after the posting of the
legal notice of the public hearing on
an ordinance amendment hold said
public hearing.
b)
Within thirty (30) days after the
conclusion of the public hearing,
the Commission shall file its recom-
mendations with the Council, together
with the report of findings, hearings
and other supporting data.
5) Council Public Hearing and Notice.
a)
The hearing date shall be set by
the City Clerk for not more than thirty
(30) days after the filing of the
Commission's recommendations.
b)
The City 'Council may adopt, by ordi-
nance, the amendment recommended by
the Commission after holding at
least one public hearing thereon.
The Council may modify the amendment
recommended by the Commission provided
Page 22
the proposed modification has been re-
ferred back to the Planning Commis-
sion for a report, pursuant to the
following paragraph.
c)
The Commission shall review the changes
proposed and referred to it by the
Council and shall report its recommenda-
tions back to the City Council, said re-
port to be filed with the Council not more
than forty (40) days after the referral
by the Council.
(b) Minor Amendments. Minor zoning text amend-
ments which neither impose new regulations, nor remove or
modify existing regulations may be initiated and adopted as
other ordinances are initiated and adopted.
Section 9:
Land:
Non-Conforming Lots, Building Uses and
Where lots, buildings, or uses legally existing on the
effective date of this ordinance are not in conformity with
the provisions of this ordinance, it is the intent and purpose
of this section to declare such lots, buildings, uses, and
land to be non-conforming, for the purpose of protecting the
public health, safety and general welfare.
Uses:
(a)
"Group A" Non-Conforming Lots, Buildings and
"Group A" non-conforming lots, buildings and uses are
those which are generally not detrimental in the zone; they
may be continued and under certain conditions altered or en-
larged.
(1) "Group A" Non-Conforming Lots are those
lots which do not conform to the LOT AREA and LOT DIMENSION
standards for the zone in which they are located. The uses
permitted in the zone shall be permitted on such lots.
(2) "Group A" Non-Conforming Buildings are
those buildings which do not conform to the BUILDING HEIGHT,
YARDS, DISTANCE BETWEEN BUILDINGS, FLOOR AREA RATIO, and MINI-
MUM SIZE OF DWELLING UNIT standards for the zone in which they
are located. Such buildings shall be permitted to continue,
provided that any addition, alteration, or enlargement thereto
shall comply with all provisions of the zone. The alteration
of buildings in established setback areas shall not be permitted
without the prior approval of the City Council. When any "Group
A" non-conforming building is for any reason removed from the
land, all future buildings or structures erected on such land
shall conform to all provisions of the zone.
(3) "Group A" Non-Conforming Uses.
a) In residential zones, "Group A" non-
conforming uses are those uses which do not conform to the
LOT AREA PER DWELLING UNIT standards for the zone in which
they are located. Buildings containing such uses may be
altered, provided that the dwelling or rental unit density
shall not be increased.
b) In commercial and industrial zones,
"Group A" non-conforming uses of buildings are those uses
which are of the same general type (i.e. commercial uses in a
Page 23
commercial zone) and are determined by the Planning Commission
to be not detrimental to the public health, safety and general
welfare and to neighboring uses as provided for in Section
9B, as well as single family residential uses. Such uses
may be continued, altered, or enlarged, subject to the
provisions of the zone.
(b) "Group B" Non-Conforming Buildings and Uses.
"Group B" non-conforming buildings and uses are
those which are detrimental in the zone; they shall be ter-
minated or removed within a specified period. Said period
shall be measured from the effective date of this ordinance
or from the date such use or building becomes non-conforming,
whichever is later.
(1) "Group B" Non-Conforming Buildings.
a)
"Group B" Non-Conforming buildings
are as follows:
l)
In residential zones, industrial
buildings and commercial buildings
other than those specifically per-
mitted shall be considered as
"Group B" non-conforming.
b) The following time limits shall be
applied to all "Group B" non-conforming buildings. This
time table is deemed to provide for the amortization of the
affected buildings; on or before the termination of said period
such buildings shall be removed from the land.
1)
Type 1 and 2 construction, as
defined in the Building Codes -
twenty (20) years.
2)
Type 3 and 4 construction, as
defined in the Building Codes -
fifteen (15) years.
3)
Type 5 construction, as de-
fined in the Building Codes -
ten (10) years.
(c) When said non-conforming building is
removed from the land, at or before the end of the amortiza-
tion period, every future building and use shall be in con-
formity with the provisions of this ordinance.
(2) "Group B" Non-Conforming Uses.
a) "Group B" non-conforming uses shall
be those uses in any zone which are expressly prohibited
and those other uses which are not provided for in said zone.
b) A "Group B" non-conforming use of
a "Group A" non-conforming building shall, within five (5)
years be completely terminated or shall be so altered that
it will be in conformity with the uses permitted in the zone.
Such non-conforming use shall not be expanded or extended
into any other portion of the building, and if such use
is discontinued for a period of 180 days, any future use of
said building shall be in conformity with uses permitted in
the zone.
c) A "Group B" non-conforming non-resi-
dential use in a "Group B" non-conforming building may con-
tinue for the duration of the building and may be expanded or
Page 24
extended throughout said building, provided no structural altera-
tions except those required by law or ordinance shall be made
therein. Further, if no structural alterations are made, a non-
conforming use in such a building may be changed to permit a
similar or more restricted type of non-conforming use, provided
that said new use be approved by the Planning Commission.
d) A "Group B" non-conforming residential
use in a "Group B" non-conforming building shall within five (5)
years be completely terminated and may be replaced by a permitted
non-residential use, provided the new use and any necessary
remodeling and structural alterations be approved by the Plan-
ning Commission.
(c) Non-Conforming Use of the Land.
(1) A non-conforming use of land, where:
no buildings or structures are involved,
or
the only buildings employed are accessory
or incidental to such use.
shall, when deemed by the Council to be
detrimental to the public health, safety
and welfare, within five (5) years be
completely terminated or so altered that
it will be in conformity with the provisions
of the zone.
(2) Such non-conforming use of land shall not
be expanded in any way either on the same or adjoining property.
(3) If such non-conforming use of land is dis-
continued for a period of 180 days, any further use of land
shall be in conformity with this ordinance.
(d) Non-Conforming Signs and Advertising Struc-
tures.
(1) Signs which do not conform to this ordi-
nance but which lawfully existed and were maintained on the
effective date of this ordinance shall conform within the
period set forth in the Sign Ordinance.
(2) During the interim period, said non-
conforming signs shall be kept in good repair and visual
appearance and no structural alteration shall be made
thereto.
(e)
Facilities.
Non-Conforming Off-Street Parking and Loading
Existing buildings whose off-street parking or
loading facilities do not conform to the provisions of
this ordinance may be expanded or facilities added, provi-
ded the requirements for off-street parking and loading space
shall have been complied with for those facilities added or
enlarged.
(f) Non-Conforming Outdoor Storage.
Existing uses involving outside storage not con-
forming to the provisions of City ordinances shall within
two (2) years bring the premises~into conformity with the
requirements of City ordinances, provided that should the
uses on the premises be expanded or the building so altered
Page 25
as to require a building permit, then the owner shall comply
with the applicable provisions at that time.
(g) Non-Conformity with Performance Standards.
The use of land, buildings or structures which
does not meet the standards of performance for said uses or
the standards for equipment employed in the operation of
said uses as required by this ordinance shall be brought
into conformity with said standards within a period of five
(5) years from the effective date of this ordinance, otherwise
the non-conforming use shall be discontinued.
(h) Moving.
A non-conforming building or structure shall not
be moved in whole or in part to any other location on the
lot unless said building or structure which is moved is
made to conform to the regulations of the zone in which it
is located except as otherwise provided by this ordinance.
(i) Reversion of Non-Conforming Use.
Any portion of a non-conforming building or use
which is altered or changed to a conforming use shall not
thereafter be used for a non-conforming use.
(j) Reconstruction of Damaged Buildings.
A non-conforming building or structure which is
damaged or partially destroyed by fire, flood, wind, earth-
quake, or other calamity er Act of God to the extent of
not more than 150% of its assessed value at that time, may
be restored and the occupancy or use of such building, struc-
ture or part thereof which existed at the time of such destruc-
tion may be continued or resumed provided that the total cost
of such reconstruction does not exceed 150% of the assessed
value of building or structure at the time of such damage,
and that such restoration is started within a period of one
year. In the event such damage or destructions exceeds 150%
of the assessed value of such building or structure, no re-
pairs or reconstruction shall be made unless every portion of
such building or structure is made to conform to all regula-
tions of the zone in which it is located.
(k) Use Abandoned.
Where no use of a non-conforming building or im-
provement shall be made for a period of one (1) year, said
noneconforming building or improvement may be used only for
the particular use or uses in their zoning district which
requires the least amount of off-street parking.
Section 10: The City Council shall certify to the
passage hereof and cause the same to be posted as required
by law. This Ordinance shall become effective thirty (30)
days after the date of its adoption.
PASSED AND ADOPTED this ~day of l~' CITY OF RANCHO MIRAGE
ATTEST:
,1975.
City Clerk