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HomeMy Public PortalAboutOrd 1159ORDINANCE NO. 1159 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, AMENDING SECTION 17.08.020 ("RESIDENTIAL DISTRICTS GENERAL DEVELOPMENT STANDARDS") OF CHAPTER 17.08 ("RESIDENTIAL DISTRICTS"), SECTION 17.20.070 ("FENCES, HEDGES, AND WALLS") AND SECTION 17.20.150 ("SETBACK REGULATIONS AND EXCEPTIONS") OF CHAPTER 17.20 ("GENERAL PROPERTY AND USE STANDARDS"), SECTION 17.30.190 ("ACCESSORY USES AND STRUCTURES") OF CHAPTER 17.30 ("STANDARDS FOR SPECIFIC LAND USES"), SECTION 17.42.130 ("TIME EXTENSIONS FOR DEVELOPMENT PLANS") OF CHAPTER 17.42 ("DEVELOPMENT PLAN PERMITS"), AND SECTION 17.90.020 ("DEFINITIONS OF SPECIALIZED TERMS AND PHRASES") OF CHAPTER 17.90 ("DEFINITIONS"), OF TITLE 17 ("ZONING") OF THE RANCHO MIRAGE MUNICIPAL CODE WHEREAS, the City of Rancho Mirage ("City") is a charter city for certain purposes in the County of Riverside, State of California; and WHEREAS, the City Council seeks to clarify existing development standards and eliminate internal discrepancies within certain sections of Title 17 ("Zoning") of the Rancho Mirage Municipal Code; and WHEREAS, the City Council finds that the adoption of this Ordinance is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061 (b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. 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. AMENDMENT TO SECTION 17.08.020 ("RESIDENTIAL DISTRICTS GENERAL DEVELOPMENT STANDARDS") OF CHAPTER 17.08 ("RESIDENTIAL DISTRICTS"), SECTION 17.20.070 ("FENCES, HEDGES, AND WALLS") AND SECTION 17.20.150 ("SETBACK REGULATIONS AND EXCEPTIONS") OF CHAPTER 17.20 ("GENERAL PROPERTY AND USE STANDARDS"), SECTION 17.30.190 ("ACCESSORY USES AND STRUCTURES") OF CHAPTER 17.30 ("STANDARDS FOR SPECIFIC LAND USES"), SECTION 17.42.130 ("TIME EXTENSIONS FOR DEVELOPMENT PLANS") OF CHAPTER 17.42 ("DEVELOPMENT PLAN PERMITS"), AND SECTION 1 17.90.020 ("DEFINITIONS OF SPECIALIZED TERMS AND PHRASES") OF CHAPTER 17.90 ("DEFINITIONS"), OF TITLE 17 ("ZONING") OF THE RANCHO MIRAGE MUNICIPAL CODE That Section 17.08.020 ("Residential Districts General Development Standards") of Chapter 17.08 ("Residential Districts"), Section 17.20.070 ("Fences, Hedges, and Walls") and Section 17.20.150 ("Setback Regulations and Exceptions") of Chapter 17.20 ("General Property and Use Standards"), Section 17.30.190 ("Accessory Uses and Structures") of Chapter 17.30 ("Standards for Specific Land Uses"), Section 17.42.130 ("Time Extensions for Development Plans") of Chapter 17.42 ("Development Plan Permits"), and Section 17.90.020 ("Definitions of Specialized Terms and Phrases") of Chapter 17.90 ("Definitions"), of Title 17 ("Zoning") of the City of Rancho Mirage Municipal Code, are amended, as follows: 17.08.020 Residential districts general development standards. New land uses and structures, and alterations to existing land uses and structures, shall be designated, constructed, and/or established in compliance with the requirements in Table 2-3, in addition to the general development standards (e.g., landscaping, parking and loading, etc.) in Division Ill (Development and Operational Standards). TABLE 2-3 RESIDENTIAL ZONES GENERAL DEVELOPMENT STANDARDS REQUIREMENTS BY INDIVIDUAL ZONING DISTRICT Development Feature HR R-E R-L-2 R-L-3 Minimum Parcel Size 640 acres 1 acre 18,000 sq. 12,000 sq. ft. (5) ft. Minimum Parcel Width 100ft. 100ft. 90ft. 80ft. Minimum Parcel Depth 100ft. 100ft. 100ft. 90ft. Maximum Density 1 du/640 1 du/net 2 du/gross 3 du/gross acre (5) acre acre acre Private Outdoor Living N/A 1,000 1 ,000 sq. ft. 1,000 sq. ft. (3) Space sq. ft. (3) Setbacks Required Front (8) 25ft. 25ft. 25ft. (1) 25ft. (1) Side (each) 10ft. 10ft. 10ft. 10ft. (7) Street Side 15ft. 15ft. 15ft. 15ft. Rear 25ft. 25ft. 25ft. (1) 25ft.(1) 2 Acce ss ory Structures Section 17.30.190 (R esidential Accessory Uses and Structures) Maximum Lot Coverage (4) 30% (1) 30% 30% (1) 30% (1) Minimum Distance N/A 20ft. 20ft. 20ft. Between Structures {fll Main Structure -Maximum 20 ft./1 Height (whichever is less) 20 ft./1 story story 20 ft./1 story 20 ft./1 story (6) Access ory Structure 14 ft./1 14 ft./1 14 ft./1 MaJfimum Height 14 ft./1 story story story story (Yihichever is less} Antennae, Vertical Section 17.32 .010 (Telecommunication Facilities) Fences/Walls/Hedges Section 17 .20.070 (Fences, Walls and Hedges) Satellite Antennae Section 17.32.010 (Telecommunication Facilities) Development Feature R-M R-H MHP Minimum Parcel Size 10,000 sq . ft. (4) 8,000 sq. ft. (1) (4) Minimum Parcel Width 70ft. 60ft. (1) Minimum Parcel Depth 90ft. 90ft. (1) Density 5 du/gross acre 5-9 du/gross 5-9 du/gross acre (maximum) acre Private Outdoor Living 500 sq . ft . (4) 300 sq . ft. (4) 300 sq. ft . (4) Space Setbacks Required Front (1) 20ft.(1) 20ft. (1) 10ft. Side (each) (9) 10ft. 10ft. 5 ft. Street Side 15ft. 15ft. 15ft. Rear (1) 25ft. (1) 20ft.(1) 10ft. Accessory Structures Section 17 .30.190 (Residential Accessory Uses and Structures) Maximum Lot Cove rage (4) 30% (1) 35% 30% (1) Minimum Distance 20ft. 20ft. 20ft. Between Structures {fll Main Structure -Maximum Height (whichever is less) 20 ft./1 story 20 ft./1 story 20 ft./1 story (6) 3 Antennae, Vertical See Section 17.32.010 (Telecommunication Facilities) Fences/Walls/Hedges See Section 17.20.070 (Fences, Walls and Hedges) Satellite Antennae See Section 17.32.010 (Telecommunication Facilities) GuesUEmployee Quarters See Section 17.30.195 (GuesUEmployee Quarters) Accessory Dwelling Units See Section 17.30.200 (Accessory Dwelling Units) Notes: (1) These dimensions vary only in planned residential development, mixed use, and mobile home parks, and will be determined during development plan permit review. (2) Combined coverage of residential and commercial uses sha ll not exceed thirty-five percent. (3) This standard can be reduced up to twenty-five percent for affordable units. (4) The third car space, not to exceed two hundred forty square feet, shall not be included in the calculation of building lot coverage as long as that area is being maintained as a three-car garage. (5) For existing parcels of less than six hundred forty acres, one dwelling unit is allowed. (6) Additional heighUstories may be allowed, in compliance with Section 17.20.1 OO(A) (Maximum height of structures). (7) Five, fifteen-foot side yards may also be allowed subject to review and approval by the applicable review authority responsible for reviewing the primary discretionary permit or approval. (8) In the case of side-loading garages, only the garage portion itself may be set back a minimum of fifteen feet from the front property line: (a) The side of the garage facing the street is no greater than one-third the width of the primary structure; (b) The rear of the primary structure has a setback greater than the standard minimum allowed in the zone and that the additional setback is equivalent or greater than the reduction in setback utilized by the s id e loading garage; (c) Habitable-like features that architecturally articulate the primary structure, including windows and other architectural details are placed on the sides of the garages that face the street(s); (d) Driveway approaches must have a twenty-eight-foot minimum turning radius; (e) The reduced setback may be applied to no more than one-third of the total number of homes in the development; and 4 (f) Homes that utilize the reduced setback may not be adjacent to each other and must be distributed throughout the project. (9) Detached accessory structure shall not be located closer than eight feet to a main structure or closer than three feet to any other accessory structure on the same property. (Ord. 1148 § 5, 2019; Ord. 1086 § 2, 2014; Ord. 1020 § 2, 2011; Ord. 910 § 1, 2005; Ord. 832 § 1 (b), 2003; Ord. 777 § 1, 2002 17.20.070 Fences, hedges, and walls. The following standards shall apply to the installation of all fences, hedges, and walls. A On a corner parcel, no fence, hedge, sign, wall or other structure, shrubbery, mounds of earth, or other visual obstruction over thirty-six inches in height above the nearest street curb elevation shall be erected, placed, planted, or allowed to grow within a traffic safety-sight area. (See Figure 3-x.) This provision shall not apply to public utility poles; trees trimmed (to the trunk) to a line at least six feet above the elevation of the intersection; saplings or plant species of open growth habits and not planted in the form of a hedge, which are so planted and trimmed as to leave, at all seasons, a clear and unobstructed crossview; supporting members of appurtenances to permanent structures existing on the date that this title becomes effective; and official warning signs or signals, including utility boxes . B. Except for custom single-family residences located within private gated developments, a maximum six-foot high fence, or wall may be located anywhere on a parcel except in a traffic safety-sight area, required front setback or street-side setback. The maximum height of fences and walls within the required front or street side yard setback shall be thirty-six inches. The maximum height of any obstruction within a safety sight triangle shall also be thirty-six inches or as required by other provisions of this title. An exception to this provision is the allowance of fencing required by the state for the purpose of enclosing swimming pools, spas, and other bodies of water over twenty-four inches in depth, in which case the fencing may encroach up to five feet into the required front setback and may be up to six feet in height. Custom single-family residences located within private gated developments may have up to a six-foot high architectural wall or fence located within the required front yard setback provided that the wall or fence is located at least ten feet away from the property line and permitted by the applicable CC&Rs and approved by the applicable HOA. To decrease the visual impact of the height of the wall/fence in relation to the street, a one-foot high earthen mound or planter box shall be installed. For walls less than five feet high, mounding is not required . Vehicle access gates may be located within the front yard setback 5 but shall not be less than seventeen feet from the front property line provided they are allowed by the HOA and approved by the Fire Marshal. All fencing and walls shall be painted or architecturally treated on both sides to match or substantially conform to the residence and/or other v~alls on the site. constructed of stone, masonry, or wrought iron. Alternative materials may be considered by the Director provided all the following requirements are met to the Director's satisfaction: 1. Material is of high quality; 2. Material is painted or architecturally treated on both sides; 3. Material complements the architectural design of the associated residence; 4. Any existing onsite fencing is upgraded, where necessary, to match the new material. Another exception to this provision is the allowance of heightened perimeter walls and fencing for security purposes, in compliance with Section 17.20.120 (Private community walls and gates). C. When there is a difference in the ground level between two adjoining parcels, the height of any fence or wall constructed along the common property line shall be determined using the finished grade of the highest contiguous parcel. D. Only one type of fence or wall design shall be allowed on any one parcel or development. The design may include an appropriate mix of materials subject to the approval of the director. As an exception to this provision wrought iron fencing may be used to enclose a pool and/or spa, although wrought iron is not used elsewhere on the subject site; and enhanced security wall and fencing, in compliance with Section 17.20.120 (Private community walls and gates), may utilize a mixture of wall and fence types, subject to approval of the director. E. The provisions of this section shall not apply to a fence or wall required by any law or regulation of the city, state, or any agency thereof. F. The use of barbed wire, electrified fence, or razor wire fence in conjunction with any fence, hedge, or wall, or by itself within any zoning district, is prohibited unless required by any law or regulation of the city or applicable state agency. 6 ,..._.,. .. '""• ... .:,., ... ,,... ... •laA>l!lo __ _ :w.·-~~~-.... .,.,. .... __ Figure 3-x G. Chain link fencing shall be allowed only as follows: 1. In the R-E zoning district where the fencing is located on the property line and planted with vegetation that would screen the fence from adjacent properties and public areas; 2. In conjunction with approved tennis courts, private and commercial, in any zoning district; 3. Where it is required by any law or regulation of the city or applicable state agency; 4. For the purpose of increased security where existing landscaping would totally screen the full height of the proposed fence; 5 . To provide a barrier between bighorn sheep habitat and developed areas of the city; 6. Significant exposure of existing chain link fencing to the general public shall not be allowed and shall cause the nonconforming fencing to be removed. The director shall have the authority to determine whether or not a nonconforming fence is significantly exposed to public view. Chain link fences shall be removed within two hundred seventy days of receipt of a city notice, unless a discretionary extension of time is granted by the review authority, subject to the approval of an Abatement Agreement, in compliance with Municipal Code Title 14 "Code Compliance and Remedies"; 7 . If an exposed chain link fence is determined by the director to be unsightly due to instability, damage, or weathering, the fencing shall either be aligned, stabilized, repaired, and refurbished to an appearance 7 acceptable to the director or shall be removed within sixty days of receipt of city notification; 8. Where a perimeter chain link fence has been removed a new conforming fence or wall shall be immediately installed as replacement fencing around walled or gated communities. The replacement fencing and any new or replacement parkway landscaping shall be in compliance with a development plan permit modification approved by the commission; 9. In the event that removal of landscaping and nonconforming fencing results in a parkway that is devoid of landscaping, the parkway shall be landscaped in compliance with Section 17.24.050 (Parkway treatment standards). H. Deteriorated or unsightly walls which are exposed to public view shall be restored to an appearance similar to their original condition within sixty days of receipt of city notification. The director shall determine if the exposed wall is deteriorated or unsightly. Any change of wall height or finish color shall be subject to the approval of the director. I. Wall pilasters shall not exceed six feet six inches in height within the side and rear setbacks. J. For residential single-family parcels, any entry gate, with a maximum height of six feet with maximum six-foot high pilasters to support the gate, may be constructed no wider than twenty-five feet within the front twenty-five-foot setback. Any gate or pilaster shall have a minimum setback of twenty feet from the curb. The perimeter wall within the front setback shall transition from the height of the pilaster to the required perimeter wall height of three feet or to the required pool fencing height of four feet. The transition distance for each proposal shall be subject to the approval of the director. K . Fences and walls shall be constructed, treated, and maintained in compliance with Municipal Code Section 8.16.075 (Graffiti prevention and removal). (Ord. 1090 § 2, 2015; Ord. 1023 § 2, 2011; Ord. 916 § 7, 2006; Ord. 777 § 1 (Exh. A), 2002) 17.20.150 Setback regulations and exceptions. This section provides standards for the use and minimum size of required setbacks. These standards are intended to provide open areas around structures for: visibility and traffic safety; access to and around structures; access to natural light, ventilation, and direct sunlight; separation of land uses; and space for privacy, landscaping, mass and scale buffering, noise buffering and recreation. 8 A. Setback Requirements. 1. All structures shall comply with the setback requirements of the applicable zoning district established by Division II (Zoning Districts), and with any special setbacks established for specific uses by this title, except as otherwise provided by this section. 2. Portions of a structure, including eaves or roof overhangs, shall not extend beyond a property line, or into an access easement or street right-of-way. 3 . Each required setback shall be open and unobstructed from the ground upward, except as provided in this section . 4. Legally built structures with nonconforming side yard setbacks shall comply with Chapter 17.70 (Nonconforming Uses, Sites and Structures). B. Projections/Construction Allowable in Setbacks. The following projections/construction are allowed within required setbacks: 1. Front Setback . Regulation height fences and walls, roof overhangs, up to thirty percent of the required setback, entry gates, attached pilasters, pools and spas 1 and fencing required for pool enclosures; 2 . Rear Setback . Roof overhangs up to thirty percent of the required setback, patio covers, tennis courts 2 , gazebos and other accessory uses; provided, there is no projection within ten feet of the property line. In planned residential developments, this setback may vary. Pools and spas may shall be located a minimum of five (5) feet from a side or rear be allowed vl-ithin five feet on the property line. Mechanical equipment and associated screening may be located anywhere in the rear setback; 1 Along private streets within walled and gated developments, front yard pools and spas may be located tvlenty ten (10) feet from the front property line . 2 Tennis courts that are recessed five feet, have no lights, and are designed to meet the requirements specified in Section 17. 20. 120 (Private community walls and gates) may be set back three feet from the rear property line. 3. Side Setback . Roof overhangs up to thirty percent of the required setback, mechanical equipment, and tennis courts, and property boundary walls in compliance with Section 17.20.120 (Private community walls and gates). Pools and spas may shall be located a minimum of five (5) feet from a side or rear be allowed within five feet on the property line; 9 4. Along private streets within walled and gated developments front yard pools and spas may be located twenty ten (10) feet from the front property line; and 5. Tennis courts that are recessed five feet, have no lights, and are designed to meet the requirements specified in Section 17.20 .120 (Private community walls and gates), may be set back three feet from the rear property line. (Ord. 1062 § 2, 2013; Ord. 1023 § 2, 2011; Ord. 832 § 2, 2003; Ord. 777 § 1 (Exh. A), 2002) 17.30.190 Accessory uses and structures. This section provides minimum developmental standards for accessory uses and structures which are allowed in a zoning district by Division II (Zoning Districts), which may be subject to a development plan permit by the director, in compliance with Chapter 17.42, and which shall comply with the following criteria and standards. Accessory dwelling units are instead subject to the provisions of Section 17.30.200 (Accessory dwelling units). A. Relationship of Accessory Use or Structure to the Main Use. Accessory uses and structures shall be incidental to and not alter the main use or character of the site. B. Timing of Installation. An accessory structure may only be constructed on a parcel having a main structure on the property. C . Building Code. The location of all accessory structures shall comply with all applicable building code standards. D. Location. 1. A structure greater than six feet in height above finished grade and attached to a main structure shall comply with the requirements for the main structure. 2. A detached accessory structure shall not be located closer than eight feet to a main structure or closer than three feet to any other accessory structure on the same property or as otherwise specified in this code. 3. An accessory structure higher than six feet or more in height shall not be located within a side setback and shall be located no closer than ten feet from the rear property line. An accessory structure less than six feet in height shall have no side or rear setback requirement, provided it is screened from neighboring views with a solid fence or wall that is six feet high. may be allowed 111ithin fiv-e feet of a side or rear property line provided, it does not exGeed six feet in height. 4. A detached deck or patio greater than twelve inches in height measured from finished grade shall not be constructed in required setback areas unless approval is first obtained from the director. 10 5. An accessory structure shall not be located in a required front setback, except that decorative garden structures (e .g ., small trellis or archway) shall be allowed. 6. Accessory structures may occupy up to a maximum of fifteen percent of a required side setback area and up to a maximum of twenty -five percent of a required rear setback area. E. Maximum Number of Accessory Structures. A maximum of two accessory structures over eight feet in height shall be allowed on any property. F. Height Limitations. 1. The height of an accessory structure attached to the primary dwelling unit shall comply with the base zoning and setback requirements. 2. The height of a detached accessory structure regardless of whether or not it is fully or partially enclosed, shall not exceed twelve feet unless approval is first obtained from the director. In cases where detached accessory structures first obtain written approval from the director, said detached accessory structure(s) shall be set back a minimum of ten feet from a side or rear property line, plus provide an additional 2:1 setback for each vertical foot in height up to a maximum of sixteen feet. 3. An accessory structure located within a required rear and/or side yard setback shall not exceed six feet in height if closer than ten feet from the rear property line. 4 . An accessory structure that is primarily a narrow, vertical element (e.g., flag pole, ham radio antenna, etc.) may be allowed to exceed the twelve - foot height limit no closer than fifteen feet from the front or rear property lines, provided, approval is first obtained from the director. G. Coverage and Size Limitations . 1. The aggregate site coverage of accessory structures in residential zoning districts shall not exceed the lesser of five percent of the parcel area; thirty percent (30%) of the habitable floor area of the main dwelling, or five hundred square feet. 2. The aggregate site coverage for all structures on a parcel shall not exceed the maximum allowed in the applicable zoning district prescribed in Division II. H. Rooftop Decks. Decks, viewing platforms, or balconies located upon the roof of a building or above the ground level of a building shall be prohibited unless otherwise included in a development plan or specific plan as approved by the city council. (Ord. 1148 § 5, 2019; Ord. 1066 § 2, 2013; Ord. 1027 § 2, 2011; Ord. 777 § 1 (Exh. A), 2002) 11 17.42.130 Time extensions for development plans. The review authority may, upon an application being filed at least thirty days before the date of permit expiration and for good cause, grant a one-time extension not to exceed twelve months, in compliance with Section 17.68.070 (Time extensions). If a preliminary development plan (PDP) is processed concurrently and approved with a tentative map, the PDP's expiration shall be concurrent with the expiration of the related approved or conditionally approved tentative map. In addition, the expiration of a PDP approved subsequent to an approved or conditionally approved tentative map shall be concurrent with the expiration of the previously approved or conditionally approved tentative map upon a determination by the department that the tentative map remains consistent with the general plan, applicable specific plans and Title 17. aRdlor if If any duly adopted state legislation is adopted that exteRds mandates the automatic extension of the expiration date or "life" of any tentative map with an entitled PDP, the associated PDP shall be eligible for extensions in twelve month increments upon submittal of a time extension application. sommeRsurate with aRy sity approved time exteRsioRs or exteRsioRs of time maRdated by state law provided that aRy direstly related teRtative map or fiRal map remaiRs valid aRd iR good staRdiRg. V'lheR prosessed GORGurreRtly, The approval period for expiration of a preliminary development plan shall not exseed extend beyond the approval time period expiration date of the related tentative map . (Ord. 1031 § 2, 2011; Ord . 962 § 1, 2007; Ord. 777 § 1 (Exh. A), 2002) 17.90.020 Definitions of specialized terms and phrases. The following definitions are in alphabetical order. A. Definitions, "A." "Abandoned" means the cessation or suspension from developing or maintaining a structure or use for the stated period of time. "Abutting/adjoining" means two or more parcels of land sharing a common boundary line, or two or more objects that physically touch each other. "Access" means safe, adequate, and usable ingress to a property or use. "Accessory dwelling unit" means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel upon which the single-family dwelling is situated. An accessory dwelling unit also includes the following: (1) an efficiency unit, as defined in Section 17958.1 of Health and Safety Code; and (2) a manufactured home, as defined in Section 18007 of the Health and Safety Code. 12 "Accessory retail uses" means the retail sales of various products (including food) in a store or similar facility that is located within a health care, hotel, office, or industrial complex for the purpose of serving employees or customers, and is not visible from public streets . These uses include pharmacies, gift shops, and food service establishments within hospitals; convenience stores and food service establishments within hotel , office, and industrial complexes. "Accessory residential uses and structures" means and includes any use that is customarily part of, and clearly incidental and secondary to a residence and does not change the character of the residential use. These uses include accessory structures (attached and/or detached patio covers, garages, gazebos, greenhouses, hot tubs, spas, and swimming pools, studios, workshops, and similar structures). Includes home satellite dish antennas of eighteen inches or less in diameter, and other receiving antennas for earth- based TV and radio broadcasts (larger satellite dish antennas, and broadcast and receiving antennas for ham radio and commercial applications, are included under the definition of "telecommunications facilities"). "Affordable housing" means housing with a recorded restriction that requires the housing for a certain minimum number of years, to be rented or owned by families and individuals whose income at initial occupancy is no more than the household income threshold requirement (a percent of the area median income) as determined by the Federal Department of Housing and Urban Development guidelines and adjusted for family size. Thereafter such units shall be rented or sold, subject to restrictions on appreciation as determined by the city to be reasonable and necessary to maintain long term affordability. "Agent" means a person authorized in writing by the property owner to represent and act for a property owner in contacts with city employees, committees, commissions, and the council, regarding matters regulated by this title. "Alcoholic beverage sales" means the retail sale of beer, wine, and/or other alcoholic beverages for on-or off-premises consumption. "Alley" means a public or private roadway, generally not more than thirty feet wide that provides vehicle access to the rear or side of parcels having other public street frontage, that is not intended for general traffic circulation. "Allowed use" means a use of land identified by Division II (Zoning Districts) as a permitted or conditional use that may be established with land use permit and, where applicable, site plan and site plan and design review and/or building permit approval, subject to compliance with all applicable provisions of this title. 13 "Alteration" means any construction or physical change in the internal arrangement of rooms or the supporting members of a structure, or a change in the external appearance of any structure, not including painting. "Amenity" means in conjunction with a development project, any or all of the following, proposed and provided by a project applicant in excess of the minimum requirements of this title: permanent open space and landscaping; public art; recreational facilities; on-site child day care facilities, etc. "Animal keeping" means the keeping of a maximum of four farm animals, including other animals not commonly regarded as household pets. Does not include cats, dogs, and other typical household pets. "Antenna" means a device for receiving or transmitting microwave, radio, television, or any other transmitted signal. Apartment. See "Multifamily housing." "Approval" means and includes both approval and approval with conditions. "Architectural projection" means a building feature that is mounted on, and/or extends from, the surface of a building wall or facade, typically above ground level. Examples of architectural projections include balconies, bay windows, lighting fixtures, etc. "Art, antiques, collectibles, and gift shops" means retail sales uses including antique shops, art galleries, curio, gift, and souvenir shops, and the sales of collectible items including sports cards and comic books. "Assisted living facility (ALF)" means a special combination of housing, supportive services, personalized assistance and health care designed to respond to the individual needs of those who need help with activities of daily living. A facility with a central or private kitchen, dining, recreational, and other facilities, with separate bedrooms and/or living quarters, where the emphasis of the facility remains residential. "Attached" means a structure that has a wall or roof in common with another structure. "Automated teller machine (ATM)" means a pedestrian-oriented machine used by bank and financial service patrons for conducting transactions including deposits, withdrawals and fund transfers, without contact with financial institution personnel. The machines may be located at or within banks, or in other locations, in compliance with these regulations. ATMs for use by patrons in vehicles are included under the definition of "Drive-in and drive-through services." 14 "Automobile, mobile home, and motor vehicle sales" means retail establishments selling and/or renting new and/or used automobiles, boats, vans, campers, trucks, mobile homes, recreational and utility trailers, motorized farm equipment, motorcycles, golf carts, snowmobile and jet skis (except bicycles and mopeds, which are included under "Retail stores, general merchandise"). Includes parts sales or repair shops only when part of a dealership selling new vehicles on the same site. Does not include "Service stations," which are separately defined. "Automobile parts sales" means stores selling new automobile parts, tires, and accessories. Does not include tire recapping establishments, which are found under "Repair and maintenance-Vehicle." Automobile repair. See "Repair and maintenance-Vehicle ." "Awning" means a roof-like cover that projects from the wall of a building for the purpose of shielding from the sun. B Definitions, "B." "Balcony" means outdoor living space located on the second or higher floor of a building, enclosed by a railing or other safety barrier. "Banks and financial services" means financial institutions including: • Banks and trust companies • Credit agencies • Holding (but not primarily operating) companies • Lending and thrift institutions • Other investment companies • Securities/commodity contract brokers and dealers • Security and commodity exchanges • Vehicle finance (equity) leasing agencies • See also "Automated teller machine." "Bare ground" means ground surface without landscaping. "Bars and alcoholic beverage drinking places" means a structure or tenant space within a structure where alcoholic beverages are sold for on-site consumption, that are not part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May include entertainment (e .g., live music and/or dancing), and beer brewing as part of a "brew pub." "Basement" means habitable space within a structure where more than one half of the distance from its floor to ceiling is below grade . 15 "Bed and breakfast inn" means a single -family dwelling , with one family in permanent residence, where bedrooms without individual cooking facilities are rented for overnight lodging. This definition does not include "Hotels and motels," which are defined separately; or the rental of an entire residence for one week or longer. "Berm" means a mound or embankment of earth, or curb. "Beverage production" means manufacturing facilities including bottling plants, breweries, coffee roasting , soft drink production, and wineries. Does not include milk processing, which is included under the definition of "Food products ." May include tasting and accessory retail sales of beverages produced on site. A tasting facility separate from the manufacturing facility is included under the definition of "Bars and alcoholic beverage drinking places" if alcoholic beverages are tasted, and under "Restaurant" if beverages are non -alcoholic. "Building" means anything constructed or erected, the use of which requires attachment to the ground or attachment to something located on the ground. For the purposes of this title, the term "structure" includes "buildings." "Building coverage" means the percent of lot area which may be cov e red by all the footprints of structures on a parcel. ,----··-··---·-··-··--·· I ' I I ' I : ~ \_ Landscaped_ · area \ 16 .. Buildin g coverage Paving coverage "Building envelope" means the three -dimensional space within which a structure is allowed on a parcel that is defined by maximum height regulations, and minimum yard setbacks. "Building height" means the vertical distance from the surrounding finished grade to the highest point of the structure, excluding chimneys and vents. Please refer to Section 17.20.100 (Height measurement restrictions and height limit exceptions) for specific provisions (e.g., building pad, foundation, etc.). "Building material stores" means primarily indoor retail establishments selling lumber and other large building materials, and also including paint, wallpaper, glass, fixtures, nursery stock, lawn and garden supplies (which may also be sold in hardware stores, included under the definition of "Retail stores, general merchandise"). Includes all stores selling to the general public, even if contractor sales account for a larger proportion of total sales. Includes incidental retail ready-mix concrete operations, except where excluded by a specific zoning district. Building materials sales businesses that store most of their product inventory outdoors are included under "Lumber and wood products." Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in "Wholesaling and distribution." "Business support services" means establishments primarily within structures, providing other businesses with services, including maintenance, repair and service, testing, rental, also includes: • Blueprinting • Business equipment repair services (except vehicle repair, see also "Repair and Maintenance -Vehicle") • Catering services • Commercial art and design (production) • Computer-related services (rental, repair) • Copying, quick printing, and blueprinting services • Equipment rental businesses within structures • Equipment repair services where repair occurs on the client site • Film processing laboratories • Janitorial services • Mail advertising services (reproduction and shipping) • Other "heavy service" business services • Outdoor advertising services • Photocopying • Photo finishing • Protective services (other than office related) • Soils and materials testing laboratories • Window cleaning 17 C Definitions, "C." "Camper" means a structure designed to be mounted upon a motor vehicle and to provide facilities for human habitation or camping purposes. "Campgrounds" means limited facilities providing designated tent areas, tables, fireplaces or grills, and assigned parking spaces, and related structures for the overnight enjoyment of the public within an open space setting. "Camp trailer" means a vehicle designed to be used on a highway, capable of human habitation for camping or recreational purposes, that does not exceed sixteen feet in overall length from the foremost point of the trailer hitch to the rear extremity of the trailer body and does not exceed ninety-six inches in width and includes any tent trailer. If a camp trailer telescopes for travel, the size shall apply to the trailer as fully extended. "Car washes" means permanent, self-service, and/or attended car washing establishments, including fully mechanized facilities. May include detailing services. Carport. See "Garage, or carport." "Caretaker and employee housing" means a structure constructed to residential occupancy standards in compliance with the Uniform Building Code that is accessory to a nonresidential use and required for security, or twenty-four-hour care or supervision. "Catering services" means preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption. "Cemeteries" means privately owned facilities containing burial plots. "Chemical products manufacturing" means manufacturing establishments that produce or use basic chemicals and establishments creating products predominantly by chemical processes. Establishments classified in this major group manufacture three general · classes of products: (1) basic chemicals including acids, alkalies, salts, and organic chemicals; (2) chemical products to be used in further manufacture, including synthetic fibers, plastic materials, dry colors, and pigments; and (3) finished chemical products to be used for ultimate consumption including drugs, cosmetics, and soaps; or to be used as materials or supplies in other industries, including paints, fertilizers, and explosives. Also includes sales and transportation establishments handling the chemicals described above in other than one of the uses included in the retail trade group on the land use and permit tables. "Child day-care facilities" means facilities that provide care and supervision of minor children for periods of less than twenty-four hours . These facilities 18 include the following, all of which are required to be licensed by the California State Department of Social Services: 1. "Child day-care center" means a commercial or non-profit child day care facility not operated as a small or large family day care home. Includes infant centers, preschools, and extended day care facilities. These may be operated in conjunction with a business, school or religious facility, or as an independent land use. 2. "Large family day-care home" means a day care facility located in a single -family residence where an occupant of the residence provides care and supervision for nine to fourteen children. Children under the age of ten years who reside in the home count as children served by the day care facility. 3. "Small family day-care home" means a day care facility located in a single-family residence where an occupant of the residence provides care and supervision for eight or fewer children. Children under the age of ten years who reside in the home count as children served by the day care facility. "Churches/places of worship" means any religious organization facility operated for worship or promotion of religious activities, including churches and places of worship and classrooms for religious instruction; and accessory uses on the same site, including living quarters for ministers and staff, and child day care facilities where authorized by the same type of land use entitlement required for the church itself. Other establishments maintained by religious organizations, including full-time educational institutions, hospitals and other potentially related operations (e.g., a recreational camp) are classified according to their respective activities. "Church, large" means a church or other place of religious worship having more than four hundred seats and/or larger than eight thousand sq uare feet of total gross floor area. "Church, small" means a church or other place of religious worship having four hundred or fewer seats and/or no larger than eight thousand square feet of total gross floor area. "City" means the city of Rancho Mirage, state of California, referred to in this title as "the city." "City council" means the Rancho Mirage city council, referred to in this title as the "council." "Clothing products" means manufacturing estab lishm ents producing clothing, and fabricating products by cutting and sewing purchased textile fabrics, and related materials including leather, rubberized fabrics, plastics, and furs . 19 Custom tailors and dressmakers not operating as a factory and not located on the site of a clothing store ("Retail stores, general merchandise") are instead included under "Personal services." See also "Leather products" and "Textile products." "Commercial vehicle" means a vehicle customarily used as part of a business for the transportation of goods or people. Commission. See "Planning commission." "Community apartments and condominiums" means a development in which an undivided interest in the land is coupled with the right of exclusive occupancy of an apartment or condominium located on the land. "Community/culture centers" means a multi -purpose meeting and recreational facilities typically consisting of one or more meeting or multi-purpose rooms, kitchen and/or outdoor barbecue facilities, that are available for use by various groups for activities including meetings, parties, receptions, dances, etc. "Conditional use" means a use of land identified by Division II (Zoning Districts) as being allowed in a particular zoning district subject to the approval of a conditional use permit in compliance with Chapter 17.48 (Conditional Use Permits). "Condo-hotel project" means a project which is operated to meet the definition of a hotel, containing condominiums, ownership of which may be structured as whole ownership condominiums, fractional ownership with no more than twelve fractional shares per unit, or other ownership/financing arrangement deemed by the city council to be similar in function and/or operation, but shall not include timeshare . "Condominium" as defined by Civil Code Section 951 (f), means a development where undivided interest in common in a portion of real property is coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map or parcel map. The area within the boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to any land except by easements for access and, if necessary, support. "Consignment stores" means indoor retail establishments that buy and sell used products, including books, clothing, furniture, and household goods. The sale of antiques is included under "Art, antiques, collectibles and gift sales." The sale of cars and other used vehicles is included under "Automobile, mobile home, and motor vehicle sales." Does not include pawn shops. 20 "Construction commencement" means satisfactory completion of the site preparation, grading, forms and foundations, including reinforcing steel, and all electrical, plumbing and air conditioning groundwork. "Contractor's storage yard" means storage yard operated by, or on behalf of a contractor licensed by the state of California for storage of large equipment, vehicles, or other materials commonly used in the individual contractors type of business; storage of scrap materials used for repair and maintenance of contractors own equipment; and structures for uses including offices and repair facilities. "Convenience stores" mean retail stores which carry a range of merchandise oriented to convenience and travelers shopping needs . These stores may be part of a service station or an independent facility. "County recorder" means the county recorder of the county of Riverside. Creek corridors. See "Open space, public ." "Custom single-family residence" means an individually designed single-family residence with a substantially different floor plan and substantially dissimilar architecture than other homes in the subdivision. Custom homes are usually designed by different architects and are located on lots sold to various builders. D. Definitions, "D." "Density" means the number of housing units per gross acre, unless otherwise stated, for residential uses. "Density bonus" means an additional number of dwelling units than normally allowed on a parcel by the applicable zoning district, granted by the city in compliance with Chapter 17.22 (Affordable Housing Incentives/Density Bonus). "Department" means the Rancho Mirage community development services department, referred to in this title as department. "Detached" means any structure that does not have a wall or roof in common with another structure. "Development" means any construction activity or alteration of the landscape, its terrain contour or vegetation, including the erection or alteration of structures. New development is any construction, or alteration of an existing structure or land use , or establishment of a land use, after the effective date of the ordinance codified in this title. "Development agreement" means a contract between the city and an applicant for a development project, in compliance with Chapter 17.56 (Development 21 Agreements) of this title and state law (Government Code Section 65864 et seq.) "Director" means the city of Rancho Mirage Gommunity development services director, or designee. "Drive-in and drive-through sales" mean facilities where products may be purchased by motorists without leaving their vehicles. Does not include "fast- food" restaurants. "Drive-in and drive-through services" mean facilities where services may be obtained by motorists without leaving their vehicles. These facilities include drive-up teller windows and ATMs at banks. Does not include: service stations, which are separately defined, or car washes, which are included in the definition of repair and maintenance -vehicle, or the sale of food or beverage, which are included in the definition of restaurants. "Duplexes" mean residential structures containing two dwelling units. "Dwelling" means a building or portion thereof designed for residential occupancy, not including hotels or motels. "Dwelling, multiple" means a structure containing two or more dwelling units. "Dwelling unit" means any structure designed or used for the shelter or housing of one or more persons. E. Definitions, "E." "Electronics and equipment manufacturing" means establishments engaged in manufacturing machinery, apparatus, and supplies for the generation, storage, transmission, transformation and use of electrical energy, including: • Appliances (e .g., stoves/ovens, refrigerators, freezers, laundry equipment, fans, vacuum cleaners, sewing machines) • Aviation instruments • Electrical transmission and distribution equipment • Electronic components and accessories, and semiconductors, integrated circuits, related devices • Electronic instruments, components and equipment (e.g., calculators and computers) • Electrical welding apparatus • Lighting and wiring equipment (e.g., lamps and fixtures, wiring devices, vehicle lighting) • Industrial apparatus • Industrial controls 22 • Instruments for measurement, testing, analysis and control, associated sensors and accessories • Miscellaneous electrical machinery, equipment and supplies (e.g ., batteries, X-ray apparatus and tubes, electromedical and electrotherapeutic apparatus, electrical equipment for internal combustion engines) • Motors and generators • Optical instruments and lenses • Photographic equipment and supplies • Pre-recorded magnetic tape • Radio and television receiving equipment (e.g., television and radio sets, phonograph records and surgical, medical and dental instruments, equipment, and supplies) • Surveying and drafting instruments • Telephone and telegraph apparatus • Transformers, switch gear and switchboards • Watches and clocks Does not include testing laboratories (soils, materials testing, etc .) (see "Business support services"), or research and development facilities separate from manufacturing (see "Research and development"). "Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay . "Enlargement of use" means the expansion of a land use activity on a site or within a structure so that the use/activity occupies more floor or site area than before the expansion. "Equestrian facilities" mean horse, donkey, and mule facilities including horse ranches, boarding stables, riding schools and academies, horse exhibition facilities (for shows or other competitive events), pack stations, and barns, stables, corrals and paddocks accessory and incidental to these uses. "Equipment rental" means service establishments with outdoor storage/rental yards, which may offer a wide variety of materials and equipment for rental, including construction equipment. F. Definitions, "F." "Fabric product manufacturing" means manufacturing establishments fabricating clothing, draperies, and other products by cutting and sewing purchased textile fabrics, and related materials (e.g ., leather, rubberized fabrics, plastics and furs). Custom tailors and dressmakers not operating as a 23 factory and not located on the site of a clothing store ("Retail stores, general merchandise") are instead included under Personal services . See also "Leather products" and "Textile products." "Family" means two or more people related by birth, marriage or adoption; or an individual or group of people living together as a single housekeeping unit in a dwelling, not including a fraternity, sorority, club, or other group occupying a hotel, other transient lodging, or institution of any kind. "Farm equipment and supplies sales" mean establishments selling, renting or repairing agricultural machinery, equipment, and supplies for use in soil preparation and maintenance, the planting and harvesting of crops, and other operations and processes pertaining to farming and ranching . "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors. "Fifth -wheel travel trailer" means a vehicle designed for recreational purposes to carry persons or property on its own structure and so constructed as to be drawn by a motor vehicle by means of a kingpin connecting device . Fire stations. See "Public facilities." "Fioodway" means the channel of a river or other watercourse and adjacent land areas necessary to discharge the waters from the one hundred year flood without increasing the water surface elevation of that flood more than one foot at any point. "Floor area, gross" means the area included within the surrounding exterior finish wall surface of a building or portion thereof, exclusive of courtyards. "Food and beverage manufacturing" means manufacturing establishments producing or processing foods and beverages for human consumption, and certain related products. Includes: • Bakeries • Bottling plants • Breweries • Candy, sugar and confectionery products manufacturing • Catering services separate from stores or restaurants • Coffee roasting • Dairy products manufacturing • Fats and oil product manufacturing • Fruit and vegetable canning, preserving, related processing • Grain mill products and by -products 24 • Meat, poultry, and seafood canning, curing, byproduct processing • Miscellaneous food item preparation from raw products • Soft drink production May include tasting and accessory retail sales of beverages produced on-site. A tasting facility separate from the manufacturing facility is included under the definition of "Bars and alcoholic beverage drinking places" if alcoholic beverages are tasted, and under "Restaurant" if beverages are non-alcoholic. Does not include: bakeries which sell all products on -site (listed in Division II (Zoning Districts) as "Bakeries;" or beer brewing as part of a brew pub, bar, or restaurant (see "Bars and alcoholic beverage drinking places"). "Food products" means manufacturing establishments producing or processing foods for human consumption and certain related products. Includes: 1. Bakery products, sugar and confectionery products (except facilities that produce goods only for on -site sales with no wider distribution are included under "Retail Stores, General Merchandise"); 2. Dairy products processing; 3. Fats and oil products (not including rendering plants); 4. Fruit and vegetable canning, preserving, and related proce ssing ; 5. Grain mill products and by-products; 6 . Meat, poultry, and seafood canning, curing and by-product processing (not including facilities that also slaughter animals); and 7 . Miscellaneous food preparation from raw products, including catering services that are independent from food stores or restaurants. Fortune telling. See "Personal services." "Freestanding building (structure)" means a building standing alone, on its own foundation, free of attachment with another building. "Furniture/fixtures manufacturing, cabinet shops" means manufacturers producing: wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture and partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, window blinds and shades. Includes wood and cabinet shops, but not sawmills or planning mills, which are instead included under "Lumber and wood products." "Furniture, furnishings and equipment stores" means stores primarily selling: home furnishings including furniture, floor coverings, draperies, glass and chinaware, stoves, refrigerators, other household electrical and gas appliances including televisions and home sound systems and outdoor furniture including 25 lawn furniture, spas and hot tubs. Also includes the retail sale of office furniture and pianos. G. Definitions, "G." "Garage, or carport" means parking space and shelter for automobiles or other vehicles, where the size of the parking space complies with the provisions of Chapter 17.26 (Parking and Loading Standards). 1. A garage is an attached or detached accessory structure with a vehicle door, enclosed on all sides. 2. A carport is an attached or detached accessory structure enclosed on no more than three sides. "Garden apartments" means an apartment building having a low density of population and having substantial landscaped open space located adjacent to the dwelling units. "General plan" means the city of Rancho Mirage comprehensive general plan, including all elements thereof and all amendments thereto, as adopted by the city council under the provisions of Government Code Section 65300 et seq., and referred to in this title as the "general plan." "Glass products" means manufacturing establishments producing flat glass and other glass products which are pressed, blown, or shaped from glass produced in the same establishment. Includes large-scale artisan and craftsman type operations producing primarily for the wholesale market. "Golf courses, country clubs" means public and private golf courses and country clubs, and accessory facilities and uses including: clubhouses with bar and restaurant, locker and shower facilities; driving ranges (driving ranges separate from golf courses are instead classified under "Outdoor recreation, commercial"); "pro-shops" for on -site sales of golfing equipment; and golf cart storage and sales facilities . "Grade" means the ground surface immediately adjacent to the exterior base of a structure, typically used as the basis for measurement of the allowed height of a proposed structure. 1. "Average grade" means the elevation determined by computing the mathematical average of the elevations of the highest and lowest points on the boundaries of the area for which average grade is being determined. 2. "Existing or natural grade" means the contour of the ground surface before grading. 3. "Finish grade" means the final contour of the ground surface of a site that conforms to the approved grading plan . 26 4. "Street grade" means the elevation of the centerline of the street. "Green belts and landscaped areas" means open space areas providing visual separation between different land uses, which may include some passive recreation opportunities. Active recreation facilities may be allowed only where Division II (Zoning Districts) allows "Residential recreational facilities" in the same zoning district. "Greenhouse , commercial" means facilities for the indoor propagation of plants for commercial sale. Grocery store. See "Retail stores, general merchandise ." "Gross acreage" means the total area within the lot lines of a parcel before public streets, easements, or other areas to be dedicated or reserved for public use are deducted from the parcel. "Group home" means a residential care facility that provides various types of supervised and unsupervised care depending on the needs of the residents. The homes may serve children, the elderly or chronically ill, mentally disabled individuals, or adults recovering from or being treated for alcohol or drug addiction as defined in California Health and Safety Code Section 1502. "GuesUemployee housing" means living quarters, which shall not be rented , located on the same premises with a main residence, and occupied for the sole use of members of the family, temporary guest, or persons permanently employed on the premises. H. Definitions, "H ." "Handcraft industries, small-scale manufacturing" means manufacturing establishments not classified in another major manufacturing group, including: jewelry; musical instruments ; toys; sporting and athletic goods; pens, pencils, and other office and artists' materials; buttons, costume novelties; brooms and brushes; and other miscellaneous manufacturing industries. "Health/fitness clinics" means fitness centers, gymnasiums, health and athletic clubs including indoor sauna, spa or hot tub facilities; indoor tennis, handball, racquetball, and other indoor sports activities. Hillside development. See Section 17.30.080 (Hillside Development). "Home occupations" means an accessory commercial activity or business service conducted on the site of a housing unit, only by residents of the housing unit, in a manner clearly incidental to the residential character of the site and surrounding neighborhood, and in compliance with the provisions of Chapter 27 17.44 (Home Occupation Permits). Home occupations do not include business/commercial activities conducted solely by residents of a housing unit that are limited to the use of a desk, telephone and/or personal computer , which are allowed in all residential zoning districts. "Homeless shelters" means a supervised publicly or privately operated shelter that provides temporary living accommodations for individuals who lack a fixed, regular and adequate nighttime residence . Horses . See Section 17.30.030 (Animal Keeping). "Hospital" means an institution, designed within an integrated campus setting for the diagnosis, care, and treatment of human illness, including surgery and primary treatment. "Hotel" means guest rooms or suites, provided with or without meals or kitchen facilities, rented to the general public for overnight or other temporary lodging (less than thirty days) up to a maximum of twentv-seven consecutive days. Also includes accessory guest facilities (including accessory retail uses, elevators, indoor athletic facilities, swimming pools, and tennis courts). "House car" means a motor vehicle originally designed, or permanently altered, and equipped for human habitation, or to which a camper has been permanently attached and includes a motor vehicle equipped with a camper having an axle that is designed to support a portion of the weight of the camper unit regardless of the method of attachment or manner of registration. I. Definitions, "1." "Improvement" means for the purposes of subdivision and development, an improvement means includes any street work and utilities to be installed, or agreed to be installed, by the subdivider on the land within an approved subdivision to be used for public or private streets, highways, and easements for the use of the parcel owners and to accommodate neighborhood traffic and drainage needs . Improvement also refers to any other improvements, the installation of which by either the subdivider, a public agency, utility company, or any other entity, is necessary to ensure consistency with, or implementation of the general plan or any applicable specific plan . "Indoor amusemenUentertainment centers" means primarily indoor establishments providing amusemenUentertainment services for a fee or admission charge, including: arcades emphasizing coin operated amusements and/or electronic games; bowling alleys; card rooms; dance halls, clubs and ballrooms, and pool and billiard rooms that are principal uses rather than being subordinate to a bar or restaurant; ice skating and roller skating . Does not include "sexually oriented businesses," which are separately defined. 28 "Intensification of use" means a change in the use of a structure or site, where the new use is required by Chapter 17.26 (Parking and Loading Standards) to have more off-street parking spaces than the former use; or a change in the operating characteristics of a use (for example, hours of operation), which generates more activity on the site . "Interpretative center" means basic, low intensity facilities for the education of the public related to areas containing valuable resources warranting protection, including simple bulletin boards, exhibit shelters, and interpretive signs . See also "Nature preserves" and "Open space, public." J . Definitions, "J ." No definitions beginning with the letter "J" are used at this time. K. Definitions, "K." "Kennel" means a facility where four or more dogs, cats, or other small animals over the age of four months are kept, whether for pleasure, profit, breeding, or exhibiting, including places where said animals are boarded, kept for sale, or hire . "Kitchen or kitchenette" means an area designed and/or used for the preparation of food, which includes any three of the following features: 1. Cooking or food heating equipment, including a hot plate, microwave, oven, or range; 2 . A refrigerator or other device for cold storage; 3. Cabinets, shelves, or other facilities for storage of food and/or utensils; or 4 . A sink and water supply. L. Definitions, "L." Landscaping . See Chapter 17.24 (landscaping Standards). Large family day-care home. See "Child day-care facilities." "Laundries and dry cleaning plants" means service establishments primarily engaged in high volume laundry and garment services, including: power laundries (family and commercial); garment pressing and dry cleaning; linen supply; diaper service; industrial laundries; carpet and upholstery cleaners. Does not include coin-operated laundries or dry cleaning pick -up stores without dry cleaning equipment, which are classified in "Personal services." Laundromats, self-service and dry cleaning, drop off only. See "Personal services." 29 "Leather products" means the assembly of finished products made primarily from purchased leather goods including: clothing, shoes/boots, luggage, furniture, saddles, and similar items. Does not include tanning, dying, or other processing of leather hides. "Library and museum" means public or quasi -public facilities including aquariums, arboretums, art exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, and planetariums, which are generally non- commercial in nature. Liquor store, off-site consumption . See "Retail stores, general merchandise." "Live/work facility" means an integrated dwelling unit and working space (e.g., the creation and retail sales of arts and crafts), occupied and utilized by a single housekeeping unit in a structure that has been modified or designed to accommodate joint residential occupancy and work activity located in a commercial zoning district, and which includes complete kitchen and sanitary facilities in compliance with applicable building standards and working space reserved for and regularly used by one or more occupants of the unit. "Lot or parcel" means a recorded parcel of real property under single ownership, lawfully created as required by the Subdivision Map Act and city ordinances, including this title. Types of lots include the following. 1. "Corner lot" means a parcel located at the intersection of two or more streets, where they intersect at an interior angle of not more than one hundred thirty-five degrees. If the intersection angle is more than one hundred thirty-five degrees, the parcel is considered an interior lot. 2. "Flag lot" means a parcel having access from the building site to a public street by means of private right-of-way strip that is owned in fee. 3. "Interior lot" means a parcel abutting only one street. 4. "Key lot" means an interior lot, the front of which adjoins the side property line of a corner lot. 5. "Reverse corner lot" means a corner lot, the rear of which abuts a key lot. 6. "Through lot" means a parcel with frontage on two generally parallel streets. "Lot area" means gross lot area is the total area included within the lot lines of a parcel, exclusive of adjacent dedicated street rights of way. Net lot area is exclusive of easements, including those for utilities or flood control channels, which limit the use of the parcel. Lot coverage . See "Site coverage." 30 "Lot depth" means the average linear distance between the front and the rear lot lines or the intersection of the two side lot lines if there is no rear line. The director shall determine lot depth for parcels of irregular configuration. "Lot frontage" means the boundary of a parcel adjacent to a public or private street. "Lot line or property line" means any recorded boundary of a parcel. Types of lot lines are as follows: 1. "Front lot line" means, on an interior lot, the property line separating the parcel from the street. The front lot line on a corner lot is the line with the shortest frontage. (If the lot lines of a corner lot are equal in length, the front lot line shall be determined by the director.) On a through lot, both lot lines are front lot lines and the lot is considered to have no rear lot line. 2. "Interior lot line" means any lot line not abutting a street. 3. "Rear lot line" means a property line that does not intersect the front lot line, which is most distant from and most closely parallel to the front lot line. 4. "Side lot line" means any lot line that is not a front or rear lot line . 5. "Street lot line" means any lot line abutting a street. "Lot width" means the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. The director shall determine lot width for parcels of irregular shape. Ftenl Lo: Uno Lot Features "Lumber and wood product manufacturing" means a manufacturing, processing, and sales uses involving the milling of forest products to produce rough and finished lumber and other wood materials for use in other 31 manufacturing, craft, or construction processes . Includes the following processes and products: • Containers, pallets and skids • Milling operations • Trusses and structural beams • Turning and shaping of wood products • Wholesaling of basic wood products • Wood product assembly Craft-type shops are included in "Handcraft industries, small-scale manufacturing." Other wood and cabinet shops are included under "Furniture/fixtures manufacturing, cabinet shops." The indoor retail sale of building materials, construction tools and equipment is included under "Building material stores." M. Definitions, "M ." "Machinery manufacturing" means the manufacturing of machinery and equipment for purposes and products including the following: • Construction • Conveyors • Die casting • Dies • Dredging • Engines and turbines • Farm and garden • Food products manufacturing • Gear cutting • Heating, ventilation, air conditioning • Industrial molds • Laundry and dry cleaning • Materials handling • Mining • Paper manufacturing • Passenger and freight elevators • Pistons • Printing • Pumps • Refrigeration equipment • Textile manufacturing "Manufactured housing" means a housing unit that is either wholly or partially constructed or assembled off the site in compliance with California Health and Safety Code Section 18551, and certified under the National Manufactured 32 Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.). "Medical services -clinics and laboratories" means facilities primarily engaged in furnishing outpatient medical, mental health, surgical and other personal health services. These include: medical, dental and psychiatric offices (counseling services by other than medical doctors or psychiatrists are included under "Offices"); medical and dental laboratories; out-patient care facilities; emergency room services; and allied health services. Associations or groups primarily engaged in providing medical or other health services to members are included. "Medical services -extended care" means residential facilities providing nursing and health-related care as a principal use with in -patient beds, including: skilled nursing facilities (facilities allowing care for physically or mentally disabled persons, where care is less than that provided by an acute care facility; extended care facilities; convalescent and rest homes; board and care homes . Long-term personal care facilities that do not emphasize medical treatment are classified in "Residential care homes." "Medical services -hospitals" means facilities primarily providing diagnostic services, extensive medical treatment including surgical and other hospital services; these establishments have an organized medical staff, inpatient beds , and equipment and facilities to provide complete health care. May include accessory retail uses (see the separate definition of "Accessory retail uses," and emergency heliports . "Membership organization facilities" means permanent, headquarters-type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for: business associations; professional membership organizations; labor unions and similar organizations; civic and social organizations; political organizations, and other membership organizations . Does not include country clubs, which are included in the definition of "Golf courses, country clubs." "Metal products fabrication" means the assembly of metal parts, including blacksmith and welding shops, sheet metal shops, machine shops, and boiler shops, that produce metal duct work, tanks, towers, cabinets and enclosures, metal doors and gates, and similar products. "Mobile home" means a structure transportable in one or more sections which is over eight feet in width and forty feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory- built housing. For purposes of these regulations, a mobile home on a permanent foundation is considered a structure. 33 "Mobile home park" means any site that is planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes. "Model home complexes" means single-family dwellings which are initially constructed for viewing by prospective buyers of similar homes offered for sale. One or more of the homes in the model home complex may be used in whole or part for a sales office for the display of sample materials and for the administrative, accounting, architectural and construction offices of the developer building the project. At least eighty percent of the homes in the model home complex, excluding garages, shall be available for viewing by prospective homebuyers. "Mortuaries and funeral parlors" means establishment where deceased are prepared for burial or cremation, and funeral services may be conducted. "Mountain reserves" means public lands located within the Santa Rosa Mountains. "Multifamily housing" means a structure or a portion of a structure used and/or designed as residences for two or more families living independently of each other. Includes: duplexes, triplexes and fourplexes (individual structures containing three, and four housing units, respectively) apartments (five or more units under one ownership in a single structure); townhouse development (three or more attached single-family dwellings where no unit is located over another unit); senior citizen multifamily housing; single and common ownership, attached unit projects (e.g., condominiums). "Municipal Code" means the city of Rancho Mirage Municipal Code, as it may be amended from time to time by the council. N. Definitions, "N ." "Nature preserves" means areas intended to remain in a predominately natural or undeveloped state to provide resource protection and possible opportunities for passive recreation and environmental education for present and future generations. "Net acreage" means the total area within the lot lines of a parcel of land after public street easements or other areas to be dedicated or reserved for public use are deducted from the parcel. 34 "Nightclubs" means any bar, cocktail lounge, discotheque, restaurant, or similar activity which includes alcoholic beverage service, dancing and/or entertainment, and music whether such activity is the principal business use or incidental to a primary use. "Nightclubs with food service" means commercial establishments with food service, not part of a larger restaurant, where food service is subordinate to dancing, music, and other related forms of entertainment, including cabarets. "Nightclubs without food service" means commercial establishments where dancing, music, and other forms of related entertainment, including cabarets, are allowed. Noise. See Section 17.18.060 (Noise). Nonconforming uses, structures, and sites. See Chapter 17 .70 (Nonconforming Uses, Structures, and Sites). 0. Definitions, "0." "Occupancy" means all or a portion of a structure occupied by one tenant. "Offices" means service establishments including the following: 1. "Business offices" means establishments providing direct services to consumers, including insurance agencies, real estate offices, post offices (not including bulk mailing distribution centers, which are included under "Vehicle and freight terminals"); and 2. "Professional offices" means professional or government offices including: • Accounting, auditing and bookkeeping services • Advertising agencies • Architectural, engineering, planning, and surveying services • Attorneys • Counseling services • Court reporting services • Data processing and computer services • Detective agencies and similar services • Educational, scientific and research organizations • Employment, stenographic, secretarial and word processing services • Government offices including agency and administrative office facilities • Management, public relations and consulting services • Photography and commercial art studios • Public utilities 35 • Writers and artists offices outside the home Does not include: medical offices, which are allowed under "Medical services- clinics and laboratories"; or offices that are incidental and accessory to another business or sales activity that is the principal use. Incidental offices that are customarily accessory to another use are allowed in any nonresidential zone as part of an approved principal use. "Offices, temporary" means a mobile home, recreational vehicle, travel trailer, or modular unit used as: a temporary business or construction office during construction of permanent facilities on the same site or as an office on the site of a temporary off-site construction yard; a temporary on-site real estate office for a development project; or a temporary business office in advance of permanent facility construction. "Offices, temporary real estate" means the temporary use of a dwelling unit within a residential development project as a sales office for the units on the same site, which is converted to residential use at the conclusion of its office use. "Open space, private" means an outdoor area within a development project designed and maintained for the exclusive use of residents/tenants or club members, including golf courses, lakes and water features, parks (active and passive, tennis courts, and other recreational facilities allowable within planned residential developments). "Open space, public" means lands which constitute a special important or valuable natural resource which warrants protection, including lands that may purpose threats or hazards to development, and suitable for limited recreational use (hiking, equestrian, nonmotorized bicycle trails, etc.). Additional lands include those important for their recreational (campgrounds, parks, active and passive), or regional economic value. "Outdoor recreation, commercial" means facilities for various outdoor participant sports and types of recreation where a fee is charged for use, including: amusement and theme parks; drive-in theaters; golf driving ranges; miniature golf courses (golf courses are included under the definition of "Golf courses, country clubs"); skateboard parks and water slides; recreation equipment rental (for example, bicycles, roller skates); health and athletic clubs with predominately outdoor facilities; tennis courts, swim and tennis clubs; zoos. May also include commercial facilities customarily associated with the above outdoor commercial recreational uses (e.g., bars and restaurants [both table service and counter service], and video game arcades). 36 "Outdoor retail sales and activities" means permanent outdoor sales and rental establishments including equipment, and other uses where the business is not conducted entirely within a structure. "Outdoor retail sales, temporary" means temporary outdoor retail operations including: farmers markets; seasonal sales of Christmas trees, pumpkins or other seasonal items; semi-annual sales of art or handcrafted items in conjunction with community festivals or art shows; sidewalk or parking lot sales. "Overlay zoning district, or overlay zone" means a supplementary zoning designation that is applied to property in addition to a primary zoning district to highlight special regulations that apply to properties within the overlay district. P. Definitions, "P." "Paper product manufacturing" means the manufacture of paper and paperboard, from both raw and recycled materials, and their conversion into products including paper bags , boxes, envelopes, wallpaper, etc . Parcel. See "Lot or parcel." "Park and playground equipment and facilities" means facilities and equipment in support of active recreation, including traditional playground equipment (e.g ., swings, slides, climbing structures), and athletic facilities (e.g., ball fields, backstops, bleachers). "Parks and playgrounds" means public and private parks, play lots, playgrounds, and nonprofessional/noncommercial athletic fields , including park and playground equipment, accessory structures, and facilities . "Park trailer" means a vehicle, other than a motor vehicle, that is built upon a single chassis that is designed for human habitation or human occupancy for industrial, professional, or commercial purposes, for carrying property on its own structure, and for being drawn by a motor vehicle and a trailer designed for human habitation for recreational or seasonal use only, that contains four hundred square feet or less of gross floor area, excluding loft area space and does not exceed fourteen feet in width at the maximum horizontal projection. "Parkway" means the area of a public street that lies between the curb and the adjacent property line or physical boundary definition, including fences or walls, which is used for landscaping purposes. "Patio" means a typically paved outdoor area on the site of a dwelling that is used for lounging, dining, etc. "Permitted use" means a use of land identified by Division II (Zoning Districts) as being allowed in a particular z oning district. 37 "Person" means any individual, firm, co-partnership, corporation, company, association, joint stock association; city, county, state, or district; and includes any trustee, receiver, assignee, or other similar representative thereof. "Personal services" means establishments providing nonmedical related services, including beauty and barber shops; clothing rental; dry cleaning pick- up stores and small-scale dry cleaners without pick-up and delivery services; fortunetelling; laundromats (self-service laundries); shoe repair shops; tanning salons; spa facilities; and electrolysis . These uses may also include accessory retail sales of products related to the services provided . Pet stores. See "Retail store, general merchandise ." "Pharmaceutical manufacturing" means establishments engaged in the production of drugs and related therapeutical products for distribution to clinics, hospitals, and medical -related facilities. "Planned residential development" means development projects which provide design flexibility within residential neighborhoods. They are generally "country club" type developments which incorporate a significant amount of centrally located and easily accessible recreational amenities for the project residents. The planned residential development concept promotes innovative site planning and a transfer of allowed densities from the amenity areas to remaining portions of the property devoted to residential use. However, those areas developed or reserved for recreational amenities may not be converted to commercial, industrial, institutional, or residential uses. "Planning commission" means the Rancho Mirage planning comm1ss1on, appointed by the Rancho Mirage city council in compliance with Government Code Section 65101, referred to throughout this title as the "commission ." "Plant nurseries" means commercial agricultural establishments engaged in the production of ornamental plants and other nursery products, grown under cover or outdoors, which does not include marijuana. Also includes establishments engaged in the sale of these products (e.g., wholesale and retail nurseries) and commercial scale greenhouses (home greenhouses are included under "Accessory residential uses and structures"). The sale of house plants or other nursery products entirely within a structure is also included under "retail stores, general merchandise ." "Plastics and rubber products" means the manufacture of rubber products including: rubber footwear; mechanical rubber goods; heels and soles; flooring; and rubber sundries from natural, synthetic, or reclaimed rubber. Also includes: establishments engaged in molding primary plastics for the trade, and manufacturing miscellaneous finished plastics products; fiberglass manufacturing, and fiberglass application services. 38 Police station . See "Public facilities." Post office. See "Public facilities." "Primary or principal structure" means a structure that accommodates the main use of the site. Also includes "main structure." "Primary or principal use" means the main purpose for which a site is developed and/or used, including the activities that are conducted on the site a majority of the hours during which activities occur. "Printing and publishing" means establishments engaged in printing by letterpress, lithography, gravure, screen, offset or other common process, including electrostatic (xerographic) copying and other "quick printing" services; and establishments serving the printing trade including silk screening, bookbinding, typesetting, engraving, photoengraving and electrotyping. This use also includes establishments that publish newspapers, books and periodicals; and establishments manufacturing business forms and binding devices. "Private outdoor living space" means an outdoor area belonging to, or restricted for the use or enjoyment of, residents of a dwelling unit. "Production single-family residence" means a residence included within a development of a group of homes having identical or nearly identical floor plans, with or without room additions or options, and which have similar exterior forms, colors and materials. Production homes are usually designed by one architect, built by one developer and are often permitted in batches. Production home development usually includes construction and display of model homes . "Public facilities" means facilities operated by public agencies, including city administration buildings; City Hall; fire stations and other fire prevention and fire fighting facilities; police and sheriff substations and headquarters, including interim incarceration facilities; and libraries, museums, and post office. Does not include facilities specifically identified under another land use category, including schools (See "Schools"). "Public right-of-way" means a strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a road, trail, water line, sanitary sewer and/or other public uses . Public utility facilities. 1. Public utility facilities. These uses include any of the following facilities that are not exempted from land use entitlement 39 requirements by Government Code Section 53091: electrical substations, switching stations, and other fixed-base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages; telephone switching facilities; natural gas regulating and distribution facilities; public water system wells, treatment plants and storage; community wastewater treatment plants, settling ponds and disposal fields; corporation and maintenance yards. These uses do not include office or customer service centers (classified in "Offices"), or equipment and material storage yards (classified in "Storage, outdoor"). 2. Public utility facilities. Fixed-base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091: • Corporation and maintenance yards • Electrical substations and switching stations • Natural gas regulating and distribution facilities • Public water system wells, treatment plants and storage • Telephone switching facilities • Wastewater treatment plants, settling ponds and disposal fields Q. Definitions, "Q." No definitions beginning with the letter "Q" are used at this time. R. Definitions, "R." "Recreational vehicle" means a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy, that contains less than three hundred twenty square feet of internal living room area, excluding built-in equipment, including, but not limited to, wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms and four hundred square feet or less of gross area measured at maximum horizontal projections and is built on a single chassis is either self-propelled, truck-mounted, or permanently towable on the highways without a permit. Recycling facilities. 1. "Collection facility" means a center for the acceptance by donation, redemption or purchase of recyclable materials from the public, which may include the following : 40 a. Reverse vending machine(s); b. Small collection facilities which occupy an area of three hundred fifty square feet or less and may include: (1) A mobile unit; (2) Bulk reverse vending machines or a grouping of reverse vending machines occupying more than fifty square feet; and (3) Kiosk-type units which may include permanent structures. c. Large collection facilities which may occupy an area of more than three hundred fifty square feet and may include permanent structures. 2. "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. 3. "Processing facility" means a structure 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 means of baling, briquetting, cleaning, compacting, crushing, flattening, grinding, mechanical sorting, remanufacturing and shredding . Processing facilities include the following types: a. Light processing facility occupies an area of under forty -five thousand square feet of collection, processing and storage area, and averages two outbound truck shipments each day. Light processing facilities are limited to baling, briquetting, compacting, crushing, 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; and b. A heavy processing facility is any processing facility other than a light processing facility. 4. "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 state law (California Beverage Container Recycling and Litter Reduction Act of 1986). A recycling facility does not include storage containers located on a residential, commercial or industrially- 41 designated parcel used solely for the recycling of material generated on the parcel. 5. "Recycling or recyclable material" means reusable domestic containers including glass, metals, paper and plastic which are intended for reconstitution, remanufacture or reuse for the purpose of using in altered form. Recyclable material does not include refuse or hazardous materials. 6. "Reverse vending machine" means an automated mechanical device which accepts at least one or more types ofempty 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 state law. 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 fifty square feet, is designed to accept more than one container at a time and will pay by weight instead of by container. "Repair and maintenance -consumer products" means service establishments where repair of consumer products is the principal business activity, including: electrical repair shops; television and radio and other appliance repair; watch, clock and jewelry repair; re-upholstery and furniture repair. Does not include shoe repair (included under "Personal services"). Does not include heavy equipment repair businesses, which are included under "Business support services." "Repair and maintenance -vehicle" means this use includes major and minor categories. Generally, the use includes the repair, alteration, restoration, towing, painting, cleaning (including self-service and attended car washes), or finishing of automobiles, motorcycles, trucks, recreational vehicles, boats and other vehicles as a principal use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. Major vehicle repair facilities deal with entire vehicles; minor facilities specialize in limited aspects of repair (e.g., muffler and radiator shops, quick-lube). Does not include: automobile dismantling yards which are included under "Recycling, scrap and dismantling yards"; automobile parking (see "Vehicle storage facilities"); repair shops that are part of a vehicle dealership on the same site, which are included under "Automobile, mobilehome and motor vehicle sales"; service stations , which are 42 separately defined; or tire recapping establishments, which are included under "Plastics and rubber products." "Research and development" means facilities for scientific research, and the design, development and testing of computer software, and electrical, electronic, magnetic, optical and mechanical components in advance of product manufacturing, that are not associated with a manufacturing facility on the same site. Also includes chemical and biotechnology research and development. Does not include soils and other materials testing laboratories which are defined under "Business support services," or medical laboratories, which are included under "Medical services-clinics and laboratories." "Residential care homes" means facilities providing residential social and personal care for children, the elderly, and people with limited ability for self- care, but where medical care is not a major element. Includes: children's homes; transitional houses; orphanages; rehabilitation centers; self-help group homes. Convalescent homes, nursing homes and similar facilities providing medical care are included under the definition of "Medical services -extended care." "Residential recreational facilities, private" means swimming pools, tennis and other sport courts, playground equipment, and similar facilities and accessory structures that are operated for the residents of a specific housing project and their guests, and are not open to the general public. Does not include these facilities for individual homes, which are defined as "Accessory residential uses and structures." "Resort hotel" means one of more structures containing guest rooms and providing outdoor recreational activities. Restaurants. 1. "Restaurants, fast-food" mean establishments whose primary business is the sale of food and beverages to customers for consumption on-site or off-site. Less than fifty percent of the floor area is used for customer seating. Interior furnishings include standardized floor plans, stationary seats, and tables. Food is primarily pre-packaged rather than made to order. Condiment bars and trash disposal are self-service. Drive-in or drive-through facilities may be allowed with a conditional use permit, granted in compliance with Chapter 17.48. Fast-food restaurants have a higher turnover rate than standard restaurants. 2. "Restaurants, specialty" mean establishments whose primary business is the sale of a single specialty type of food or beverage that is not considered a complete meal (e.g., candy, coffee, or ice cream). The sale of other food, beverages, or merchandise is incidental to the sale of the 43 specialty food or beverage. Food and beverages are for customer consumption within the restaurant or restaurant patio area. 3. "Restaurants, standard" mean establishments whose primary business is the sale of food and beverages to customers for their consumption within the restaurant or restaurant patio area. At least fifty percent of the total gross floor area is used for the seating of customers. The restaurant may be open for breakfast, lunch, and/or dinner. Alcoholic beverages and carry-out food service are allowed if they are incidental to the primary purpose of consumption of food and beverages in the restaurant. "Retail stores, general merchandise" mean retail trade establishments selling many lines of merchandise. These stores and lines of merchandise, include, but are not limited to: • Artists' supplies • Auto parts (not repair or machine shops) • Bakeries (retail only) • Bicycles • Books • Cameras and photographic supplies • Clothing and accessories • Department stores • Drug and discount stores (drive-through sales of prescription pharmaceuticals may be allowed for drug stores with a conditional use permit, granted in compliance with Chapter 17 .48) • Dry goods • Fabrics and sewing supplies • Florists and houseplant stores (indoor sales only-outdoor sales are "Plant nurseries") • General stores • Gifts, novelties and souvenirs • Grocery store • Handcrafted items (stores may include crafting operations subordinate to sales) • Hardware • Hobby materials • Jewelry • Liquor stores, off-site consumption • Luggage and leather goods • Musical instruments, parts and accessories • Newsstands • Orthopedic supplies • Pet stores • Religious goods 44 • Small wares • Specialty shops • Sporting goods and equipment • Stationery • Toys and games • Variety stores • Video stores (rental and sales) "Review authority" means the person, committee, comm1ss1on, or council responsible for the review and final determination on a land use entitlement, map, or amendment. S. Definitions, "S." "Satellite dish antenna" means an apparatus larger than eighteen inches in diameter capable of receiving or transmitting communications from a satellite. See also "Accessory residential uses and structures" and "Telecommunication facilities." "Schools" mean public and private elementary, middle, junior high, and high schools serving kindergarten through 12th grade students, including denominational and sectarian, boarding schools and military academies. Also includes community colleges, public or private colleges, universities and professional schools granting associate arts degrees, certificates, undergraduate and graduate degrees, and requiring for admission at least a high school diploma or equivalent general academic training. Pre-schools and child day care are included under the definitions of child day care facilities. "Schools-specialized education and training" mean business, secretarial schools and vocational schools offering specialized trade and commercial courses. Includes specialized non -degree granting schools offering subjects including: art, drama, language, music, driver education, ballet and other dance . Also includes seminaries and other facilities exclusively engaged in training for religious ministries; and establishments furnishing educational courses by mail. Facilities, institutions and conference centers are included that offer specialized programs in personal growth and development (including fitness, environmental awareness, arts, communications, and management, as examples). "Screening" means solid fencing, gates and/or landscaping which provide a solid barrier and is installed and maintained architecturally compatible with the adjacent structure and/or existing surrounding conditions. For purposes of this definition, screening shall not consist of reflective surfaces, bamboo type curtains, chain link (with or without slats, or similar transparent or semi- transparent materials. 45 "Senior citizen congregate care housing" means a structure serving as a residence for a group of senior citizens with available centralized services, where the emphasis of the facility remains residential. "Service station" means a retail business selling gasoline or other motor vehicle fuels, which may also provide vehicle engine maintenance and minor repair services incidental to fuel sales. May also include: mini-markets and other food sales; accessory towing and trailer rental services, but not the sale, storage or repair of wrecked or abandoned vehicles, vehicle painting, body or fender work, or the rental of vehicle storage or parking spaces . "Setback" means the distance by which a structure or other development feature must be separated from a lot line . In planned residential developments, setbacks are determined during the project review process. On corner parcels, the shortest street frontage shall be the front yard. On flag lots, the rear yard location shall be determined through project review. See also "Yard." Sexually oriented businesses. See Municipal Code Chapter 8.07 (Sexually Oriented Businesses). "Shopping center" means a structure or structures with at least five separate retail tenants or occupants whose combined gross floor area totals at least 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 tied together by a binding legal agreement providing rights of reciprocal vehicular parking and access. Sign. See Chapter 17.28 (Signs). 46 "Single-family housing" means a structure designed for and/or occupied exclusively by one family. Also includes factory -built housing (modular housing) units, constructed in compliance with the Uniform Building Code (UBC). "Single room occupancy (SRO)" means an independent living accommodation, usually between two hundred to three hundred fifty square feet, similar to an efficiency or studio rental unit. SROs may also provide semi-independent living accommodations with the use of common areas for the benefit of residents. "Site" means a parcel or adjoining parcels under single ownership or single control, considered a unit for the purposes of development or other use. "Site coverage" means the percentage of total site area occupied by enclosed structures . Structure/ building coverage is measured from exterior wall to exterior wall. Site coverage "Slide -in camper" means a portable unit, consisting of a roof, floor, and sides, designed to be loaded onto, and unloaded from, a truck and designed for human habitation for recreational or emergency occupancy. Small family day-care homes. See "Child day-care facilities." "Solar access" means the airspace over a parcel that provides access for a solar energy system to absorb energy from the sun. "Spa facility" shall have the same meaning as "massage establishment" as set forth in California Business and Professions Code Section 4601 (f) which provides that a massage establishment is a fixed location where massage is 47 performed for compensation pursuant to all applicable state and local laws, rules and regulations. Spa facilities may include additional services such as full service hair salons, make-up consultation and application and manicure and pedicure services, and therapeutic treatments such as body packs and wraps, exfoliation, cellulite and heat treatments, electrolysis, body toning, waxing, aromatherapy, cleansing facials, medical facials, non-surgical face lifts, electrical toning and electrolysis. Hydrotherapy and steam and sauna facilities, nutrition and weight management, spa cuisine and exercise facilities and instruction may also be provided as additional services. "Specialty hospital" means an institution which provides in-patient medical services for the care of one or more specified non-communicable diseases and/or health conditions. A specialty hospital may include surgical facilities, out- patient services, and limited emergency facilities as required by law to serve the on-site patient population, provided however, that a specialty hospital shall include a full service emergency room or emergency facilities open to the general public. A specialty hospital shall include, but not be limited to, a physical rehabilitation hospital. "Stable, commercial" means a structure for the keeping of horses, mules or ponies which are rented, used, or boarded for compensation. "Stable, private" means an accessory structure for the keeping of horses or ponies for the use of occupants of the premises, in compliance with Section 17.30.030 (Animal keeping). "Stone and cut stone products" mean manufacturing establishments primarily engaged in cutting, shaping, and finishing marble, granite, slate, and other stone for building and miscellaneous uses. Also includes establishments primarily engaged in buying or selling partly finished monuments and tombstones. "Storage, outdoor" means the storage of various materials outside of a structure other than fencing. "Storage, self-service, personal storage facility" means a structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand. Also known as "mini-storage." "Story" means that portion of a structure included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. "Street" means a thoroughfare which affords principal means of access to abutting property, including avenue, boulevard, drive, highway, lane, place, 48 road, way, and any other thoroughfare except an "alley" as defined in this division. "Structural clay and pottery products" mean manufacturing establishments primarily producing brick and structural clay products, including pipe, china plumbing fixtures, and vitreous china articles, fine earthenware and porcelain electrical supplies and parts. Artist/craftsman uses are included in "Handcraft industries, small scale manufacturing" or "Home occupations." "Structure" means anything constructed or erected, the use of which requires attachment to the ground or attachment to something located on the ground. For the purposes of this title, the term "structure" includes buildings. "Studios, art, dance, music, and photography" means facilities for: individual and group instruction and training in the arts; production rehearsal; photography, and the processing of photographs produced only by users of the studio facilities; and martial arts training studios. "Supportive housing" means housing with no limits on length of stay, that is occupied by the target population, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community, and consists of more than six occupants. Swimming pool. See "Accessory residential uses and structures." T. Definitions, "T." "Telecommunications facilities" means public, commercial and private electromagnetic and photoelectrical transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, cellular telephone, and data network communications; including commercial earth stations for satellite-based communications. Includes antennas, towers, commercial satellite dish antennas, and equipment buildings. Does not include: 1. Home television and radio receiving antennas, including satellite dish antennas of eighteen inches or less in diameter, which are included under "Accessory residential uses and structures." 2. Telephone, telegraph, and cable television transmission facilities utilizing hard -wired or direct cable connections, which are included under "Pub lic utility facilities." "Temporary occupancy vehicle (TOV)" means a recreational vehicle which includes a motor home, travel trailer, truck camper, camping trailer, and park trailer, mobilehome, fifth-wheel travel trailer, house car, trailer coach, slide-in 49 camper, trunk camper, tent trailer, with or without a motor, designed for human habitation for recreational, emergency, or other occupancy. Temporary uses. See Chapter 17.46 (Temporary Use Permits). "Tennis courts, private" means one or more tennis courts designed and maintained for the sole and exclusive use of the residents/tenants of a specific unit or portion of the site and their invited guests . "Tent trailer" means a vehicle designed to be used on a highway, capable of human habitation for camping or recreational purposes, that does not exceed sixteen feet in overall length from the foremost point of the trailer hitch to the rear extremity of the trailer body and does not exceed ninety-six inches in width. If a tent trailer telescopes for travel, the size shall apply to the trailer as fully extended. "Textile products" means manufacturing establishments engaged in performing any of the following operations: preparation of fiber and subsequent manufacturing of yarn, threads, braids, twine cordage; manufacturing woven fabric and carpets and rugs from yarn; dying and finishing fiber, yarn, fabric, and knit apparel; coating, waterproofing, or otherwise treating fabric; the integrated manufacture of knit apparel and other finished products from yarn; the manufacture of felt goods, lace goods, non-woven fabrics and miscellaneous textiles; and upholstery manufacturing. "Theaters, auditoriums, and meeting halls" means indoor facilities for public assembly and group entertainment, other than sporting events , including: public and quasi-public auditoriums; exhibition and convention halls; civic theaters, meeting halls and facilities for "live" theater and concerts; motion picture theaters; meeting halls for rent and similar public assembly uses. "Traffic safety sight area" means a triangular area on a corner parcel formed by measuring thirty-five feet from the intersection of the front and street side property lines, and connecting the lines across the property. 50 S treo~ si ll~ -·· 3 n. beiaJ:ll limit for strocrures and other vi: t obstruction:; In this ~tbxk FMflt lnt Uno "Trailer bus" is a trailer or semitrailer designed, used, or maintained for the transportation of more than fifteen persons, including the driver, and includes a connected towing motor vehicle that is a motor truck, truck tractor, or bus. "Trailer coach" means a vehicle, other than a motor vehicle, designed for human habitation or human occupancy for industrial, professional, or commercial purposes, for carrying property on its own structure, and for being drawn by a motor vehicle. "Trails and multiple use corridors" mean a multiple use trail system that links city parks with mountain reserve, nature preserve, and open space areas. "Transitional housing" and "transitional housing development" mean buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months, and consists of more than six occupants . "Transit stations and terminals" mean passenger stations for vehicular and rail mass transit systems; also terminal facilities providing maintenance and service for the vehicles operated in the transit system. Includes buses, taxis, and railway. "Truck camper" means a portable unit, consisting of a roof, floor, and sides, designed to be loaded onto, and unloaded from, a truck and designed for human habitation for recreational or emergency occupancy. "Two-family housing/duplexes" mean attached multifamily housing structure under single or individual unit ownership containing two dwelling units in the same structure. 51 U. Definitions, "U." Unit. See "Dwelling unit." "Use" means the purpose for which land or a structure is designed, arranged, intended, occupied, or maintained. "Use inauguration" means the implementation of a use on a parcel or occupancy of a building, or construction of substantial site improvements after a building permit has been issued, subject to determination by the director. Use, primary. See "Primary or principal use ." V. Definitions, "V." "Variance" means a discretionary entitlement that may waive or relax the development standards of this title, in compliance with Chapter 17.52 (Variances). "Vehicle and freight terminals" mean transportation establishments furnishing services incidental to transportation including: freight forwarding services; transportation arrangement services; packing, crating, inspection and weighing services; freight terminal facilities; joint terminal and service facilities; trucking facilities, including transfer and storage; and postal service bulk mailing distribution centers. Includes rail, air and motor freight transportation. "Vehicle storage facilities" mean service establishments in the business of storing currently licensed and operative cars, trucks, buses, recreational vehicles, and other motor vehicles for clients. Includes both day use and long - term public and commercial garages, parking lots and parking structures, except when accessory to a principal use. (All principal uses are considered to include any customer or public use off-street parking required by these regulations.) Includes sites where vehicles are stored for rental or leasing . "Vertical antennae" means any box frame, mast, pole, structure, tripod, or tower utilized for the purpose of reception, retransmission, or transmission of electromagnetic, ham radio, microwave, or radio signals. "Veterinary clinics and animal hospitals" mean office and medical treatment facilities used by veterinarians, with indoor and/or outdoor kennel facilities. This use includes large and small animal veterinary clinics, and animal hospitals. See also "Kennels and animal keeping ." Video stores. See "Retail stores, general merchandise." 52 W. Definitions, "W." "Warehouse retail stores" mean retail stores that emphasize the packaging and sale of products in large quantities or volumes, some at discounted prices, where products are typically displayed in their original shipping containers. Sites and structures are usually large and industrial in character. Patrons may or may not be required to pay membership fees. "Warehousing" means facilities for the storage and distribution of farm products, furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include: warehouse, storage or mini-storage facilities offered for rent or lease to the general public, which are included under "Storage, self-service, personal storage facilities." Does not include terminal facilities for handling freight (classified in "Vehicle and freight terminals"). "Wholesaling and distribution" means establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to persons or companies. Includes: merchant wholesalers; agents, merchandise or commodity brokers, and commission merchants; assemblers, buyers and associations engaged in the cooperative marketing of farm products; stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment. Wireless communication facilities. See "Telecommunication facilities." X. Definitions, "X." No definitions beginning with the letter "X" are used at this time. Y. Definitions, "Y ." "Yard" means an area between a lot line and a setback, unobstructed and unoccupied from the ground upward, except for projections allowed by this title. See Section 17.20.150 (Setback regulations and exceptions). 1. "Front yard" means an area extending across the full width of the parcel between the front lot line and the required setback. 2. "Rear yard" means an area extending the full width of the parcel between a rear lot line and the required setback. 3. "Side yard" means an area extending from the front yard to the rear yard between the nearest side lot line and the required setback. 53 Required street side yard Z . Definitions, "Z." Lot depth is the average linear distance between the front and rear lot lines "Zoning district" means one of the zoning districts established by Section 17.06.010 (Zoning districts established), within which certain uses of land and structures are allowed or prohibited, and within which certain setback, open space requirements, and height limits are established for structures by these regulations. "Zoning ordinance" means the Rancho Mirage Zoning Ordinance, Title 17 of the Rancho Mirage Municipal Code, referred to herein as this zoning ordinance. (Ord. 1148 § 5, 2019; Ord. 1128 § 2, 2017; Ord. 1113 § 5, 2016; Ord. 1092 § 3, 2015; Ord. 1076 § 3, 2014; Ord. 1067 § 2, 2013; Ord . 1036 § 2, 2011; Ord. 1009 § 5, 2011; Ord. 983 §§ 1, 2, 2009; Ord. 932 § 3, 2006; Ord. 911 § 1, 2005; Ord. 856 § 2, 2004; Ord. 845 § 6, 2003; Ord. 832 § 8, 2003 ; Ord . 777 § 1 (Exh. A), 2002) Section 3. ENVIRONMENTAL REVIEW That this Ordinance is exempt from environmental review pursuant to Section 15061 (b)(3) of the Guidelines for CEQA (California Code of Regulations, Title 14, Chapter 3), because approval of this Ordinance does not have the potential for causing a significant effect on the environment, and it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. 54 Section 4. CITY ATTORNEY REVIEW That the City Attorney prepared and framed this Ordinance pursuant to Section 1.04.010 of the Municipal Code and finds that the City Council has the authority to adopt this Ordinance, that the Ordinance is constitutionally valid and that the Ordinance is consistent with the general powers and purposes of the City as set forth in Section 1.04.031 of the Rancho Mirage Municipal Code. Section 5. SEVERABILITY That the City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect. Section 6. REPEAL OF CONFLICTING PROVISIONS That all the provisions of the Rancho Mirage Municipal Code as heretofore adopted by the City that are in conflict with the provisions of this Ordinance are hereby repealed. Section 7. AMENDING OF BAIL SCHEDULE That the City Attorney's Office is hereby directed to determine whether this Ordinance necessitates amendment of the City's Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside. Section 8. EFFECTIVE DATE That this Ordinance shall take effect thirty (30) days after its second reading. Section 9. CERTIFICATION That the City Clerk shall certify to the passage of this Ordinance, and cause it to be published as required by law. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 55 THE FOREGOING ORDINANCE WAS ADOPTED at a meeting of the City Council held on November 7, 2019, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Hobart, Kite, Smotrich, Townsend, Weill. None. None. None. CITY OF RANCHO MIRAGE Kristie Ramos, City Clerk APPROVED AS TO FORM: 56 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 . 1159 was introduced by first reading at an adjourned regular meeting of the City Council held on October 21, 2019, by the following vote: AYES: Hobart, Kite, Smotrich, Townsend, Weill. NOES: None . ABSENT: None. ABSTAIN: None . Ordinance No . 1159 was adopted at a regular meeting of the City Council held on November 7, 2019, by the following vote: AYES: Hobart, Kite, Smotrich, Townsend, Weill. NOES: None. ABSENT: None. ABSTAIN : None. I further certify that I have caused Ordinance No. 1159 to be posted and/or published, as required by law (GC Sect. 36933). 57 Kristie Ramos City Clerk