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Home My Public Portal AboutOrd 1157l ORDINANCE NO. 1157 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, AMENDING THE TEXT OF TITLE 17 ZONING TO PERMIT FAST FOOD RESTAURANTS IN LARGE SCALE SHOPPING CENTERS IN CERTAIN COMMERCIAL DISTRICTS WHEREAS, the City of Rancho Mirage ("City") is a charter city and a municipal corporation of the State of California; and WHEREAS, "fast-food" restaurants, which are defined in Section 17.90 .020, "Definitions of specialized terms and phrases" of Title 17, "Zoning" of the Rancho Mirage Municipal Code as establishments whose primary business is the sale of food and beverages to customers for consumption on-site or off-site with less than fifty percent (50%) of the floor area used for customer seating, and which may include drive -through service with a Conditional Use Permit only if located within a C-C (Community Commercial) Zoning District; and WHEREAS, "fast-food " restaurants, as defined in Section 17 .90 .020, are not permitted in C-N (Neighborhood Commercial) and C-G (General Commercial) Zoning Districts ; and WHEREAS , In -N-Out Burgers submitted a request to amend the text of Table 2-4, "A llowable Uses and Permit Requirements for Commercial and Industrial Zoning Districts" of Section 17.10.012, "Allowable commercial and industrial zone uses, permit requirements and project review authority" to permit "Restaurants, Fast Food" as a conditional use, requiring a Conditional Use Permit, within Zoning Districts designated as C-N (Commercial Neighborhood); and WHEREAS , the Planning Division initiated a concurrent proposal to amend the text of Table 2-4 , "A llowable Uses and Permit Requirements for Commercial and Industrial Zoning Districts" of Section 17 .10.012, "A llowable commercial and industrial zone uses, permit requirements and project review authority" to also permit "Restaurants, Fast Food" as a conditional use, requiring a Conditional Use Permit, within Zoning Districts designated as C-G (Commercial General); and WHEREAS, the Planning Division recommended that the above Zone Text Amendment proposals be approved, but to allow "Restaurants, Fast Food" as a conditional use, requiring a Conditional Use Permit , within Zoning Districts designated as C-N (Neighborhood Commercial) and C-G (Commercial General) only in Large Scale Shopping Centers consisting of at least 15 acres; and WHEREAS, Section 17 .90.020, "Definitions of specialized terms and phrases" of Title 17 defines "Shopping Center" to mean "a structure or structures with at least five separate retail tenants or occupants whose combined gross floor area totals at le ast 1 l twenty-five thousand square feet, where the director determines that the tenants or occupants are engaging in compatible commercial uses, and which are located on a site where any underlying separate parcels are t ied together by a binding legal agreement providing rights of reciprocal vehicular parking and access"; and WHEREAS, in light of the foregoing, the Planning Division initiated an additional proposal to amend the text of Section 17 .90.020 , "Definit ions of specialized terms and phrases" to include a definition of "La rge Scale Shopping Center" as a Shopping Center comprising 15 acres or more. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. RECITALS That the above recitals are true and correct and are incorporated as though fully set forth herein . Section 2. LARGE SCALE SHOPPING CENTER DEFINITION That Section 17 .90 .020, "Definitions of Specialized Terms and Phrases" of Chapter 17.90, "Definitions" of Division VI, "Zoning Definitions" is hereby amended to include the following definition : "Large scale shopping center" means a shopping center, as defined in this section, that is comprehensively planned and contains at least 15 acres of land situated within a Neighborhood Commercial (C-N), General Commercial (C-GJ or Community Commercial (C-CJ zoning district." Section 3. PERMITTING FAST FOOD RESTAURANTS IN LARGE SCALE SHOPPING CENTERS That the text of Table 2-4 , "Allowable Uses and Permit Requirements for Commercial and Industrial Zoning Districts" of Section 17.10.012 , "Allowable commercial and industrial zone uses, permit requirements and project re view authority" of Title 17 , "Z oning ," of the Rancho Mirage Municipal Code shall be amended to permit "Restau rants , Fast Food" as a conditional use , requir ing a Conditional Use Permit, on parcels situated within a "Large Scale Shopping Center" comprising 15 acres or more within Zoning Districts designated as C-N (Commercial Neighborhood) or C-G (Commercial General). Section 4. SEVERABILITY That the City Council declares that, should any provision, section, paragraph , sentence or word of this ordinance be rendered or declared in valid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the 2 1 rema ining provisions, sections, paragraphs , sentences or words of this ordinance as hereby adopted sha ll remain in full force and effect. Section 5. REPEAL OF CONFLICTING PROVISIONS That al l the provisions of the Rancho Mirage Munic ipal Code as heretofore adopted by the City of Rancho Mirage that are in conflict with the prov isions of this ordinance are hereby repealed. Section 6. EFFECTIVE DATE That this ordinance sha ll take effect thirty (30) days after its adoption. Section 7. CITY ATTORNEY REVIEW That the City Attorney prepared and framed this ordinance pursuant to Section 1.04 .010 of the Rancho Mirage Municipal Code and finds that the City Counci l has the author ity to adopt this ordinance , that the ordinance is constitutionally valid and that the ordinance is consistent with the general powers and purposes of the C ity as set forth in Section 1.04 .031 ofthe RMMC . Section 8. AMENDING OF BAIL SCHEDULE That the City Attorney is hereby directed to determine whether this ord inance necessitates amendment of the City's Bai l Schedule and to cause such necessary amendments to be made and fi led with the loca l branches of the Superior Court of the County of Riverside . Section 9. CERT IFICATION That the City C lerk shall certify to the passage of this ordinance and shall cause the same to be published according to law. [THE REMAINDER OF TH IS PAGE INTENTIONALLY LEFT BLANK] 3 J THE FOREGOING ORDINANCE WAS ADOPTED at a meeting of the City Council held on October 21, 2019, by the following vote: AYES: Kite, Smotrich, Townsend , Weil l. NOES: None . ABSENT: None. ABSTAIN: None RECUSED: Hobart. ATTEST: ~~~~ Kristie Ramos, City Clerk APPROVED AS TO FORM: .(.,,. Steven B. Quintanilla , City Attorney Co \\ ..... "Do-~~~ ~t r l..<...)>c---\ If'\ L..l..( \)~""A·'{_ C ;},.1 At-+or-1/\...-<.1 4 Chapter 17.10 COMMERCIAL AND INDUSTRIAL DISTRICTS 17.10.012 Allowable commercial and industrial zone uses, permit requirements and project review authority. A ll owab le land uses within commercial a nd industrial zo ni ng districts are indicated in Table 2-4 by perm it requirement. Review authority for development projects is also provided. In the event that future land use is unknown for a d evelopme nt project the city council shall be the review authority. Uses that are not identified are cons id ered "not allowed ." TABLE 2-4 ALLOWABLE USES AND PERMIT REQUIREM ENTS FOR COMMERCIAL AND I NDUSTR IAL ZONING DISTRICTS Warehousi ng , Wh olesaling, and D D Distribution Fac ilit ies Retail Trade Accessory Retai l Uses p p p p p Art , Antiques , Collectibles, and Gifts D D D D D D p Auto mob il e Sales (new with inci de ntal c c D c used) Auto (mo tor ve hi cle) Parts an d Supplies c c D c Ba rs and Alcoho lic Beverage Drinking c c c c c c Places, On-Site Consu mption Buildin g Material Stores c c D c Consign men t Stores c c c c c c c Conv eni ence Stores c c c c D c Drug Stores with Drive-Throug h c c Furn itu re, Furnishi ngs and Eq uip me nt D D D D D D Stores Grocery Stores D D D D D D Liq uor Stores , Off-Si te Cons umption c c c c c c Mobi le Home, Recreationa l Veh icle Sales D Ou tdoor Retai l Sa les and Activities D 17 .30.150 Pet Stores D D D D D D Plant Nurseries D D D D D D cc Staff cc cc cc cc cc cc cc cc cc cc cc cc cc cc cc l Restaurants, Fast Food c6 c6 c c D cc Restaurants, Specia lty D D D D D D D cc Restaurants , Standard D D D D D D D cc Retail Stores, General Merchandise D D D D cc Shopping Centers D D D D cc Warehouse Retail Stores c c D c cc Automated Te ll er Machines (ATMs) p p p p p p p p StafT Banks and Financial Services D D D D D D D cc Bed and Breakfas t Inns 17.30 .050 c c cc Business Support Services D D D c D D D D cc Car (Motor Vehicle) Wash c c c D c cc Hospital , Convalescent D c D c cc Hospital , Spec ialty c c cc Hote ls D D D I) D D cc Laun dromats , Self-Service and Dry D D I) D D D cc Cleanin g, Drop-offonly Med ical Services, Clini cs, and D (5) cc D D D D D D Laboratories Mortuaries and Funeral Parlors D D cc Offices , Profe ssio nal D D D D D D D cc Personal Services D D D D D cc Repair and Maintenance , Consumer D D D D D cc Products Repair and Maintenance , Vehicles D cc Service Stations c c c D c cc Spa Facilities D D cc Storage (Sci f Service , Persona l Storage) D cc Facilities Veterinarian Cli ni cs and Animal c c c c c c c cc llospitals Transportation and Comm unic ation Facilities J Altemative Fuels and Re charg ing D D D D D D 0 D cc Facilities Broadcast and Recording Studios D c c D D D cc l Pub li c Util ity Facilit ie s c c c c c c c cc Satelli te Antenna c c c c c c c cc Tem porary Parking Lots (in com pl ia nce c c c c c c c cc wit h city im provem ent stand ards) Transit Stations and Terminals D cc Vehicle Storage Facil it ies D cc Wirele ss Fa cilities 17 .32.050 c c c c c c c cc Re side ntial Accessory Uses and Structures p Staff Assisted Liv ing Facili ties 17.30.040 D c c cc Caretaker/Employee Housing D D cc Chil d Care Ce nt ers Up to 15 Ch il dren D D D D D D p c PC 17 .3 0.060 Child Care Centers lli--30 Children c c c c c c cc 17.30 .060 Condo-Ho tel Projects 17.30.095 D D cc Live/Work Facil iti es c D D PC Mu lt ifamily Hou si ng D c cc State Lice nsed Resident ial Care Home s-p Exe mpt 6 Clie nt s or Less Large Reside nt ial Care Facilities (7 +) and D D cc Nonliccnsed Residentia l Care Homes Se ni or Co ngrega te Care Housing c cc 17.30.210 Vacation Owners hi p Resorts (5) cc Key to Permit Hcquircmcnt s Symbol Applicab le Process See Chapter I' Permitted usc (3) D Development Pla n Permit re quired 17.42 c Conditio nal use-Conditional Use Permit required 17.48 Blank Use not allowe d See Section 17.02.020(0) (A llowable use s of lan d). l J (2) Sec Sectio n 17.90.020 for de finiti ons of th e land uses lis ted . (3) A director approved develo pment plan permit shall be required . See Cha pter 17.42. (4) In exist ing conforming structures land uses all owe d with a deve lop ment pl an permit may be considered a permitted (P) usc . (S) Fra ct ional ownership may be permitted subject to approval of a deve lop men t agreement pursuant to Sect ion 17.56 of thi s title. See Section 17.30.260, Time Share and Vacation Owners hip Uses . (6) A Cond iti ona l Usc l'crmit may be considered by th e City Council in large commercial projects that arc more than fifteen acres in s ize, are comprehensively planned , and demon strate s uperio r architecture and landscaping. (Ord . 1092 § 2 , 2015; Ord. 1076 § 2, 2014; Ord . 106 1 § 3, 2013 ; Ord. 1045 § 3, 2012; Ord . 1021 § 2, 2011; Ord . 952 § 1, 2007; Ord. 932 § 5, 2 006 ; Ord. 845 § 4, 2 003) Chapter 17.90 DEFINITIONS 17.90.020 Definitions of specialized terms and phrases. The following definition will be added: "Large scale shopping center" means a shopping center, as defined in this section, that is comprehensively planned and contains at least 15 acres of land situated within a Neighborhood Commercial (C-N), General Commercial (C-G) or Community Commercial (C-C) zoning district." ORDINANCE CERTIFICATION STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF RANCHO MIRAGE) I, Kristie Ramos, City Clerk of the City of Rancho Mirage , California , do hereby certify under penalty of perjury , that the foregoing Ordinance No . 1157 was introduced by first reading at a regular meeting of the City Council held on October 3, 2019 , by the following vote : AYES : Kite, Smotrich, Towns end, Weill . NOES: None . ABSENT: None. ABSTAIN : None. RECUSED: Hobart. Ordinance No . 1157 was adopted at an adjourned regular meeting of the City Council held on October 21, 2019, by the fo llowi ng vote : AYES : NOES:. ABSENT : ABSTAIN : RECUSED : Kite , Smotrich , Townsend, Weill. None. None . None . Hobart. I further certify that I have caused Ordinance No. 1 157 to be posted and/or published , as required by law (GC Sect. 36933). Kristie Ramos City Clerk