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Home My Public Portal AboutOrd 1175ORDINANCE NO. 1175 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, AMENDING THE TEXT OF TITLE 17 ZONING TO PERMIT FAST FOOD RESTAURANTS IN LARGE SCALE SHOPPING CENTERS IN CERTAIN COMMERCIAL DISTRICTS WHEREAS, the City of Rancho Mirage ("City") is a charter city and a municipal corporation of the State of California; and WHEREAS, "fast-food" restaurants, which are defined in Section 17.90.020, Definitions of specialized terms and phrases" of Title 17, "Zoning" of the Rancho Mirage Municipal Code as establishments whose primary business is the sale of food and beverages to customers for consumption on -site or off -site with less than fifty percent (50%) of the floor area used for customer seating, and which may include drive -through service with a Conditional Use Permit only if located within a C-C (Community Commercial) Zoning District; and WHEREAS, "fast-food" restaurants, as defined in Section 17.90.020, are not permitted in C-N (Neighborhood Commercial) and C-G (General Commercial) Zoning Districts; and WHEREAS, In-N-Out Burger submitted a request to amend the text of Table 2-4, Allowable Uses and Permit Requirements for Commercial and Industrial Zoning Districts" of Section 17.10.012, "Allowable commercial and industrial zone uses, permit requirements and project review authority" to permit "Restaurants, Fast Food" as a conditional use, requiring a Conditional Use Permit, within Zoning Districts designated as C-N (Commercial Neighborhood); and WHEREAS, the Planning Division initiated a concurrent proposal to amend the text of Table 2-4, "Allowable Uses and Permit Requirements for Commercial and Industrial Zoning Districts" of Section 17.10.012, "Allowable commercial and industrial zone uses, permit requirements and project review authority" to also permit "Restaurants, Fast Food" as a conditional use, requiring a Conditional Use Permit, within Zoning Districts designated as C-G (Commercial General); and WHEREAS, the Planning Division recommended that the above Zone Text Amendment proposals be approved, but to allow "Restaurants, Fast Food" as a conditional use, requiring a Conditional Use Permit, within Zoning Districts designated as C-N Neighborhood Commercial) and C-G (Commercial General) only in Large Scale Shopping Centers consisting of at least 15 acres; and WHEREAS, Section 17.90.020, "Definitions of specialized terms and phrases" of Title 17 defines "Shopping Center" to mean "a structure or structures with at least five separate retail tenants or occupants whose combined gross floor area totals at 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"; and WHEREAS, in light of the foregoing, the Planning Division initiated an additional proposal to amend the text of Section 17.90.020, "Definitions of specialized terms and phrases" to include a definition of "Large Scale Shopping Center" as a Shopping Center comprising 15 acres or more. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. RECITALS That the above recitals are true and correct and are incorporated as though fully set forth herein. Section 2. LARGE SCALE SHOPPING CENTER DEFINITION That Section 17.90.020, "Definitions of Specialized Terms and Phrases" of Chapter 17.90, "Definitions" of Division VI, "Zoning Definitions" is hereby amended to include the following definition: Large scale shopping center" means a shopping center. as defined in this section, that is comprehensively planned and contains at least 15 acres of land siLugted wi hin a Neighborhood Commercial QN). General Commercial LC-G) or Community Commercial X-C) zoning district' Section . PERMITTING FAST FOOD RESTAURANTS IN LARGE SCALE SHOPPING CENTERS That the text of Table 2-4, "Allowable Uses and Permit Requirements for Commercial and Industrial Zoning Districts" of Section 17.10.012, "Allowable commercial and industrial zone uses, permit requirements and project review authority" of Title 17, "Zoning," of the Rancho Mirage Municipal Code shall be amended to permit "Restaurants, Fast Food" as a conditional use, requiring a Conditional Use Permit, on parcels situated within a "Large Scale Shopping Center" comprising 15 acres or more within Zoning Districts designated as C-N (Commercial Neighborhood) or C-G (Commercial General), as depicted in Attachment A. Section 4. 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. 2 Section 5. REPEAL OF CONFLICTING PROVISIONS That all the provisions of the Rancho Mirage Municipal Code as heretofore adopted by the City of Rancho Mirage that are in conflict with the provisions of this ordinance are hereby repealed. Section 6. EFFECTIVE DATE That this ordinance shall take effect thirty (30) days after its adoption. Section 7. CITY ATTORNEY REVIEW That the City Attorney prepared and framed this ordinance pursuant to Section 1.04.010 of the Rancho Mirage Municipal Code and finds that the City Council has the authority to adopt this ordinance, that the ordinance is constitutionally and statutorily 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 RMMC. Section 8. AMENDING OF BAIL SCHEDULE That the City Attorney 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 9. CERTIFICATION That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 3 The foregoing Ordinance was approved and adopted at a meeting of the City Council held on January 21, 2021, by the following vote: AYES: Hobart, Kite, Smotrich, Townsend, Weill. NOES: None. ABSENT: None. ABSTAIN: None. RECUSED: None. ATTEST: Kristie Ramos, City Clerk APPROVED AS TO FORM: f: ra- Steven B. Quintanilla, City Attorney CITY OF RANCHO MIRAGE: r r Ted Weill, Mayor Pro Tern bW Wec+ver-No,-icti, DevoA C" A*Or r 4 ATTACHMENT A Chapter 17.10 COMMERCIAL AND INDUSTRIAL DISTRICTS 17.10.012 Allowable commercial and industrial zone uses, permit requirements and project review authority. Allowable land uses within commercial and industrial zoning districts are indicated in Table 2-4 by permit requirement. Review authority for development projects is also provided. In the event that future land use is unknown for a development project the city council shall be the review authority. Uses that are not identified are considered "not allowed." TABLE 2-4 ALLOWABLE USES AND PERMIT REQUIREMENTS FOR COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS Warehousing, Wholesaling, and Distribution Facilities D D CC Retail Trade Accessory Retail Uses P P P P P Staff Art, Antiques, Collectibles, and Gifts D D D D D D P CC Automobile Sales (new with incidental used) C C D C CC Auto (motor vehicle) Parts and Supplies C C D C CC Bars and Alcoholic Beverage Drinking Places, On -Site Consumption C C C C C C CC Building Material Stores C C D C CC Consignment Stores C C C C C C C CC Convenience Stores C C C C D C CC Drug Stores with Drive -Through C C CC Furniture, Furnishings and Equipment Stores D D D D D D CC Grocery Stores D D D D D D CC Liquor Stores, Off -Site Consumption C C C C C C CC Mobile Home, Recreational Vehicle Sales D CC Outdoor Retail Sales and Activities 17.30.150 D CC Pet Stores D D D D D D CC Plant Nurseries D D D D D D CC Restaurants, Fast Food C6 C" C C D CC Restaurants, Specialty D D D D D D D CC Restaurants, Standard D D D D D D D CC Retail Stores, General Merchandise D D D D CC Shopping Centers D D D D CC Warehouse Retail Stores Cl C D C CC Automated Teller Machines (ATMs) P P P P P P P P Staff Banks and Financial Services D D D D D D D CC Bed and Breakfast Inns 17.30.050 C C CC Business Support Services D D D C D D D D CC Car (Motor Vehicle) Wash C C C D C CC Hospital, Convalescent D C D C CC Hospital, Specialty C C CC Hotels D D D D D D CC Laundromats, Self -Service and Dry Cleaning, Drop-off only D D D D D D CC Medical Services, Clinics, and Laboratories D (5) D D D D D CC Mortuaries and Funeral Parlors D D CC Offices, Professional D D D D D D D CC Personal Services D D D D D CC Repair and Maintenance, Consumer Products D D D D D CC Repair and Maintenance, Vehicles D CC Service Stations C C C D C CC Spa Facilities D D CC Storage (Self Service, Personal Storage) Facilities D CC Veterinarian Clinics and Animal Hospitals C C C C C C C CC Transportation and Communication Facilities Alternative Fuels and Recharging D D D D D D D D CC Facilities Broadcast and Recording Studios D C C D D D CC Public Utility Facilities C C C C C C C C CC Satellite Antenna C C C C C C C C CC Temporary Parking Lots (in compliance C C C C C C C CC with city improvement standards) Transit Stations and Terminals D CC Vehicle Storage Facilities D CC Wireless Facilities 17.32.050 C C C C C C C CC Residential Accessory Uses and Structures P Staff Assisted Living Facilities 17.30.040 D C C CC Caretaker/Employee Housing D D CC Child Care Centers Up to 15 Children D D D D D D P C PC 17 30 060 Child Care Centers 16-30 Children C C C C C C CC 17,30.060 Condo -Hotel Projects 17.30.095 D D CC Live/Work Facilities C D D PC Multifamily Housing D C CC State Licensed Residential Care Homes- P Exempt 6 Clients or Less Large Residential Care Facilities (7+) and D D CC Nonlicensed Residential Care Homes Senior Congregate Care Housing C CC 17,30.210 Vacation Ownership Resorts (5) C CC Key to Permit Requirements Symbol Applicable Process See Chapter P Permitted use (3) D Development Plan Permit required 17.42 C Conditional use —Conditional Use Permit required 17.48 Blank I Use not allowed Notes: 1) See Section 17.02.020(D) (Allowable uses ofland). 2) See Section 17.90.020 for definitions of the land uses listed. 3) A director approved development plan permit shall be required. See Chapter 17.42. 4) In existing conforming structures land uses allowed with a development plan permit may be considered a permitted (P) use 5) Fractional ownership may be permitted subject to approval of a development agreement pursuant to Section 17.56 of this title. See Section 17.30.260, Time Share and Vacation Ownership Uses. 6) A Conditional Use Permit may be considered by the City Council in large commercial projects that are more than fifteen acres in size, are comprehensively planned, and demonstrate superior architecture and landscaping. Ord. 1092 § 2, 2015; Ord. 1076 § 2, 2014; Ord. 1061 § 3, 2013; Ord. 1045 § 3, 2012; Ord. 1021 § 2, 2011; Ord. 952 § 1, 2007; Ord. 932 § 5, 2006; Ord. 845 § 4, 2003) 4 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. 1175 was introduced by first reading at a regular meeting of the City Council held on January 7, 2021, by the following vote: AYES: Kite, Smotrich, Townsend, Weill. NOES: None. ABSENT: None. ABSTAIN: None. RECUSED;. Hobart. Ordinance No. 1175 was adopted at a regular meeting of the City Council held on January 21, 2021, by the following vote: AYES: Hobart, Kite, Smotrich, Townsend, Weill. NOES: None. ABSENT: None. ABSTAIN: None. RECUSED: None. I further certify that I have caused Ordinance No. 1175 to be posted and/or published, as required by law (GC Sect. 36933). Kristie Ramos City Clerk