Rancho Mirage, CA Zoning Ordinance

Rancho Mirage City Zoning Code

Division IV

Permits and Review

§ 17.34.010 Introduction.

The purpose of this division is to outline procedures together with various land use permit or approval options.

Table 4-1 (Threshold of Review) identifies the full range of land use permit or approval options and the general review authority for the subject permit.

Table 4-1 Threshold of Review⁶
Type of Application	See Chapter	Director Review¹	Commission Review²	City Council Review³
Amendments (General Plan, and Zoning Map/Ordinance)³	17.72	X	X	X
Conditional Use Permit (Minor)⁷	17.48	X	X
Conditional Use Permits⁷	17.48	X	X	X
Development Agreements³	17.56	X	X	X
Development Plan Permits	17.42	X	X	X
Development Plan Extension of Time⁸	17.42	X	X	X
Home Occupation Permits	17.44	X
Private Tennis Court or Sport Court (Associated with PDP Modification)	17.30	X	X
Private Tennis Court or Sport Court Associated with Single-Family Residence	17.30	X	X
Sign Permits⁴	17.28	X	X
Sign Programs	17.28	X	X
Single-Family Permit	17.42	X
Single-Family Permit Extension of Time	17.42	X
Specific Plans/Specific Plan Amendments³	17.54	X	X	X
Street Names	17.58	X
Street Name Changes	17.58	X	X
Temporary Use Permits	17.46	X
Tentative Parcel Maps	16.12	X	X
Tentative Parcel Map Extension of Time	17.68	X	X
Tentative Tract Maps³	16.12	X	X	X
Tentative Tract Map Extension of Time	17.68	X	X	X
Variances (Minor)	17.50	X
Variances⁵	17.52	X	X

Notes:
1	The director may defer action and refer any permit or approval application to the commission for final determination.
2	The commission may defer action and refer any permit or approval application to the council for final determination.
3	Commission recommends to council for final determination.
4	The director may approve signs thirty sq. ft. or smaller in size or signs which conform to an approved sign program. Other signs are reviewed by the commission.
5	The commission shall recommend to the city council variances required in connection with a development plan permit or conditional use permit.
6	Project review authority for development plan and conditional use permits is dependent on the land use type and is identified in Tables 2-2 and 2-4.
7	The review authority for wireless communication facilities shall be subject to the provisions of Section 17.32.060(A). Conditional uses within an existing building shall be subject to the review and approval of the director.
8	The director may approve time extensions, but may defer, at directors discretion, such requests to the commission or city council for final action.

(Ord. 777 § 1 (Exh. A), 2002; Ord. 818 Exh. A, 2002; Ord. 845 § 5, 2003; Ord. 912, § 3, 2005; Ord. 1030 § 2, 2011; Ord. 1219, 7/18/2024; Ord. 1223, 6/5/2025)

§ 17.36.010 Purpose.

The purpose of this chapter is to identify the procedures for the filing and processing of the different land use permit or approval applications contained within this division.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.36.020 Multiple permit applications.

An applicant for a development project, which requires the filing of more than one application, shall file all related applications concurrently, unless waived by the director, and submit appropriate processing deposits/fees in compliance with Section 17.36.050 (Fees).

Permit processing and environmental/design review shall be concurrent and the final decision on the project shall be made by the designated review authority, in compliance with Table 4-1 (Threshold of Review), Section 17.34.010.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.36.030 Pre-application conference.

A prospective applicant is strongly encouraged to request a pre-application conference with the department before submittal of land use permit or approval applications.

This conference should take place before any substantial investment (e.g., land acquisition, site, engineering and construction plans, etc.) in the preparation of the proposed development project application. During the conference, the department representatives) shall inform the applicant of applicable general plan policies, plans, and requirements as they apply to the proposed development project, review the appropriate procedures identified in this title, and examine possible alternatives or modifications relating to the proposed project. Preliminary evaluation of environmental issues shall be addressed and potential technical studies relating to future environmental review should be identified.

Neither pre-application review nor the provision of available information and/or pertinent policies shall be construed as a complete analysis of a land use proposal or as a recommendation for approval/disapproval by the department representative(s).

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.36.040 Application filing.

Applications for amendments, permits and approvals, and other matters pertaining to this ordinance shall be filed with the department in the following manner:

The application shall be made on forms furnished by the department;

All necessary fees and/or deposits shall be paid in compliance with the city's fee resolution;

The application shall be accompanied by the information identified in the department handout for the particular application, and may include address labels, exhibits, maps, materials, plans, reports, and other information required by the department, to describe clearly and accurately the proposed work, its potential environmental impact, and its effect on the terrain, existing improvements, and the surrounding neighborhood;

Applicants are encouraged to contact the department before submitting an application to verify which materials are necessary for application filing; and

Acceptance of the application does not constitute an indication of approval by the city.

Eligible Applicants.

Applications may only be made by the owners or lessees of property, or their agents, with the written consent of the owner; or

Persons who have contracted to purchase or lease property contingent upon their ability to acquire the necessary permits and approvals in compliance with this title.

If the director determines that the application does not support a prima facie right to the granting of the application (e.g., a request for a zoning map amendment or tentative map that could not be granted in absence of a required general plan amendment application, or a request for a conditional use permit allowing a use that is not allowable in the subject zoning district, etc.), the city shall not accept the application.

The filing date of an application shall be the date on which the department receives the last submittal, map, plan, or other material required as a part of that application by subsection A, above, in compliance with Section 17.36.060 (Initial application review).

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.36.050 Fees.

Filing Fees Required.

The council shall, by resolution, establish a schedule of fees for amendments, permits and approvals, and other matters pertaining to this title, referred to as the city's fee resolution, in compliance with Municipal Code Section 3.50.040 (Schedule of fees and service charges).

The schedule of fees may be changed only by resolution of the council.

The city's processing fees are cumulative. For example, if an application for a parcel map also requires a minor variance, both fees shall be charged.

Processing shall not commence on an application until all required fees/deposits have been paid.

Without the application fee, the application shall not be deemed complete.

The city is not required to continue processing any application unless all fees are paid in full.

Refunds and Withdrawals.

Recognizing that filing fees are utilized to cover city costs of public hearings, mailing, posting, transcripts, and staff time involved in processing applications, no refunds for disapproved projects are allowed.

In the case of a withdrawal, the director may authorize a partial refund based upon the prorated costs to-date and determination of the status of the application at the time of withdrawal.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.36.060 Initial application review.

All applications filed with the department shall be initially processed as follows:

The director shall review all applications for completeness and accuracy before they are accepted as being complete and officially filed.

The applicant shall be informed in writing within thirty days of submittal, either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the letter, shall be provided.

Where the director has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the director is not required, the applicant may appeal the determination, in compliance with Chapter 17.76 (Appeals).

When an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness shall occur. The time available to an applicant for submittal of additional information is limited by subsection (A)(4).

Expiration of Application.

If a pending application is not able to be deemed complete within one hundred eighty days after the first filing with the department, the application shall expire and be deemed withdrawn.

A new application, including exhibits, fees, plans, and other materials which shall be required to commence processing of a project application on the same property, may then be filed in compliance with this title.

After an application has been accepted as complete, the director may require the applicant to submit additional information needed for the environmental review of the project in compliance with Section 17.36.070 (Environmental assessment).

An application shall not be deemed complete, and/or shall not be processed or approved, in the event that a conditions) exists on the subject property in violation of this title or any permit or approval granted in compliance with this title, other than an application for the permit or approval, if any, needed to correct the violation(s).

At the discretion of the director, or where otherwise required by this title, state, or federal law, an application may be referred to any public agency that may be affected by or have an interest in the proposed land use activity.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.36.070 Environmental assessment.

After acceptance of a complete application, the project shall be reviewed in compliance with the California Environmental Quality Act (CEQA) to determine whether:

The proposed project is exempt from the requirements of CEQA;

The proposed project is not a project as defined by CEQA;

Whether a negative declaration may be issued;

Whether a mitigated negative declaration may be issued; or

Whether an environmental impact report (EIR) shall be required.

These determinations and, where required, the preparation of EIRs, shall be in compliance with CEQA.

A special study may be required to supplement the city's CEQA compliance review.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.36.080 Resubmittals.

For a period of twelve months following the approval, disapproval, or revocation modification of a discretionary permit or approval, no application for the same or substantially similar discretionary permit or approval for the same site shall be filed.

The director shall determine whether the new application is for a discretionary permit or approval which is the same or substantially similar to the previously approved or disapprove permit or approval. The determination of the director may be appealed to the commission in compliance with this chapter.

The council may reconsider a previous determination it has made in compliance with Section 2.02.120 (Reconsideration hearing).

(Ord. 832 § 5(a), 2003)

§ 17.36.090 Applicable regulations.

All uses shall be subject to the applicable provisions of this title, including the procedures identified in the following chapters:

17.76 Appeals

17.74 Public Hearings.

(Ord. 777 § 1 (Exh. A), 2002; Ord. 832 § 5(b), 2003)

§ 17.40.010 Purpose.

The purpose of this chapter is to ensure the review of projects for architectural and site plan design as an integral part of the development review process.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.40.020 Design review procedures.

Each application for a conditional use permit, development plan permit, minor variance, or variance (including all associated plans and elevations) shall be reviewed to ensure that the application is consistent with: the purpose of this chapter; all applicable development standards and regulations of this title; and any adopted design guidelines and policies that may apply, whenever any physical alteration or construction is proposed.

Directors Review.

Design review is initiated when the department receives a complete application package including all required attachments, elevations, plans, specifications, sample materials, etc. as specified in department handouts and any additional information required by the director in order to conduct a thorough review of the proposed project.

Upon receipt of a complete application the director shall conduct a review of the location, design, site plan configuration, and effect of the proposed development by comparing the project plans to established development standards and regulations and any design guidelines/policies.

In general, the following criteria shall be considered during the review of development applications submitted to the department:

Compliance with this chapter and all other applicable city ordinances;

Desirable site layout and design;

Compatibility with neighboring property and development;

Efficiency and safety of public access and parking;

Appropriate open space and use of water efficient landscaping;

Consistency with the general plan and any applicable specific plan; and

Consistency with any adopted design guidelines and design review policies.

Reference to Design Guidelines and Policies.

The director shall refer to any design guidelines and policies that have been adopted by the council in order to provide guidance to applicants seeking to comply with the requirements of this chapter. The council may amend the design guidelines and policies whenever deemed appropriate in order to carry out the purpose of this chapter. Copies of any adopted design guidelines and policies shall be available to the public at the department.

The adopted design guidelines are to be used by property owners, developers, architects, designers, and landscape architects in the planning and design of projects in the city. The design guidelines communicate the desired qualities and characteristics of development, and are intended to promote quality design that is compatible with the surrounding neighborhood and which implements the general plan. The design guidelines and policies are used by city staff, the architectural board of review, the commission, and the council as adopted criteria for the review of development proposals subject to design review.

Directors Recommendation.

The director shall provide a written statement of findings and recommendations to the applicable review authority for its consideration simultaneously with the final determination on a conditional use permit, development plan permit, minor variance, or variance application. The director may recommend approval, approval with conditions, or disapproval of a projects design. The report containing findings, recommendations, and conditions shall also be forwarded to the applicant before consideration by the review authority.

Where the findings and recommendations of the director may substantially alter a proposed development, the applicant may be requested to submit revised plans at the discretion of the director.

Preliminary Design Review. The director may require that a project applicant submit design concept plans for preliminary design review before submittal of a formal application for a project deemed significant by the director. The purpose of the preliminary consultation is to advise the project applicant of applicable design guidelines, design review policies, and other specific design criteria that may affect the projects design.

Architectural Review Board Project Review.

The architectural review board (ARB) shall review site and structure design and landscaping plans for development projects and shall provide recommendations which should be considered by staff, the commission, and the council.

The elements of design consideration shall include landscaping and hardscape features, screening, site plan layout and function, structure exterior appearance, and sun control measures.

Projects may be reviewed by the architectural review board (ARB) at the discretion of the director.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.40.030 Applicable regulations.

All applications shall be subject to the applicable provisions of this title, including the procedures identified in the following:

17.76 Appeals

17.36 Application Filing, Processing, and Fees

17.68.080 Changes to an Approved Project

17.74 Public Hearings

17.78 Revocations and Modifications

17.68.070 Time Extensions

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.42.010 Purpose.

The purpose of this chapter is to protect the integrity and character of the residential, commercial, and industrial areas of the city, through the application of provisions of this chapter consistent with the general plan. The application will be reviewed for conformance to established standards.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.42.020 Application.

Application for a development plan permit (preliminary and final) shall be filed in a manner consistent with the requirements contained in Chapter 17.36 (Applications, Filing, Processing, and Fees).

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.42.030 Project review.

Each development plan permit application (preliminary and final) shall be analyzed to ensure that the application is consistent with the intent and purpose of this chapter.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.42.040 Hearings and notice.

Upon receipt in proper form of a preliminary development plan permit application, a hearing shall be set and notice of the hearing given in a manner consistent with Chapter 17.74 (Public Hearings).

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.42.050 Planned residential development plan permits.

A development plan permit application may modify applicable development standards in the following manner:

The permit may adjust or modify, where necessary and justifiable, all applicable development standards (e.g., building envelope [coverage, height, and setbacks], fence and wall heights, landscaping, off street parking [design and ratios], open space, street layout, etc.) identified in this title, except for an increase in the applicable density/intensity provisions.

Residential development projects with increased density or intensity standards may only be approved in compliance with state law (Government Code Section 65915 [Incentives for lower income housing development]).

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.42.060 Findings and decision.

Following a hearing, the review authority, as identified in Table 4-1, Section 17.34.010, shall record the decision in writing and shall recite the findings upon which the decision is based. The review authority may approve a development plan permit in whole or in part, and shall impose specific development conditions. These conditions shall relate to both on- and off-site improvements that are necessary to accommodate property development, mitigate project-related adverse effects, and to carry out the purpose and requirements of the respective zoning district. The review authority may approve a development plan permit, only if all of the following findings are made:

The proposed development is:

Allowed within the respective zoning district;

Generally in compliance with all of the applicable provisions of this title that are necessary to carry out the purpose and requirements of the respective zoning district, including prescribed development standards and applicable design guidelines; and

Consistent with the general plan and specific plan, if applicable.

The proposed project would produce a comprehensive development incorporating a more enhanced environment and architectural excellence (e.g., appropriate variety of structure placement and orientation opportunities, appropriate mix of structure sizes, high quality architectural design, increased amounts of landscaping and open space, improved solutions to the design and placement of parking facilities, etc.) than would normally be possible under more standard district development requirements;

The design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle access and public services and utilities (e.g., drainage, fire protection, sewers, water, etc.), would ensure that the proposed development would not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or welfare, or injurious to the property or improvements in the vicinity and the respective zoning district;

The design, location, and proposed uses would be compatible with the character of existing development in the surrounding neighborhood;

The subject site is physically suitable for the type and density/intensity of development being proposed; and

The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and there would be no potential significant negative effects upon environmental quality and natural resources that would not be properly mitigated and monitored, unless findings are made in compliance with CEQA.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.42.070 Preliminary development plan permit expiration.

Within twenty-four months of the preliminary development plan permit approval, a final development plan permit shall be obtained or the preliminary development plan permit shall become void. In no case shall the validity of a preliminary development plan permit exceed the expiration of any directly related tentative map.

(Ord. 777 § 1 (Exh. A), 2002; Ord. 962 § 1, 2007; Ord. 1031 § 2, 2011)

§ 17.42.080 Final development plan permit approval.

The director shall consider the final development plan permit application. The director may approve a final development plan permit if it substantially conforms to the preliminary development plan and associated conditions of approval, and provided any directly related tentative map or final map remains valid and in good standing.

(Ord. 777 § 1 (Exh. A), 2002; Ord. 962 § 1, 2007)

§ 17.42.090 Final development plan permit expiration.

Within twelve months of final development plan permit approval, the permit shall be exercised in compliance with Section 17.68.060 (Expiration), and any directly related tentative map or final map shall remain valid and in good standing, or the permit shall become void.

(Ord. 777 § 1 (Exh. A), 2002; Ord. 962 § 1, 2007)

§ 17.42.100 Conditions of approval.

In approving a development plan permit, the review authority may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 17.42.050 (Findings and decision).

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.42.110 Use of property before final action.

Permits shall not be issued for any use involved in an application for a development plan permit until, and unless, the same shall have become final, in compliance with Section 17.68.030 (Effective date of permits).

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.42.120 Modification of development plan permit.

An approved development plan (preliminary or final) may be modified by the commission, in compliance with Chapter 17.36 (Application Filing, Processing, and Fees). Minor modifications to an approved development plan may be approved by the director in compliance with Section 17.68.080 (Changes to an approved project).

(Ord. 777 § 1 (Exh. A), 2002)

§ 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. If any duly adopted state legislation is adopted that extends 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. The expiration of a preliminary development plan shall not extend beyond the expiration date of the related tentative map.

(Ord. 777 § 1 (Exh. A), 2002; Ord. 962 § 1, 2007; Ord. 1031 § 2, 2011; Ord. 1159 § 2, 2019)

§ 17.42.140 Revocation.

The director may revoke or modify a development plan permit in compliance with Chapter 17.78 (Revocations and Modifications).

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.42.150 Applicable regulations.

All applications shall be subject to the applicable provisions of this title, including the procedures identified in the following chapters and sections:

17.76 Appeals

17.36 Application Filing, Processing, and Fees

17.68.080 Changes to an Approved Project

17.74 Public Hearings

17.78 Revocations and Modifications

17.68.070 Time Extensions.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.44.010 Purpose.

The purpose of this chapter is to allow for the conduct of home occupations which are deemed incidental to and compatible with surrounding residential uses. A home occupation represents a legal commercial enterprise conducted by an occupant(s) of the dwelling.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.44.020 Application.

The application shall be filed with the department in compliance with Chapter 17.36 (Application Filing, Processing, and Fees). A home occupation permit may be approved, modified, conditioned, or disapproved by the director. The director may defer action and refer the application to the commission.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.44.030 Allowed home occupations.

Where Allowed. Home occupations are allowed in all residential zoning districts (except the HR).

Compatibility with Neighborhood. Certain business activities are deemed appropriate when conducted by the residents) of a dwelling in a manner accessory to and compatible with the residential characteristics of the surrounding neighborhood.

Compliance with Standards. Allowable home occupations shall be limited to those which comply with all of the standards identified in Section 17.44.060 (Operating Standards), below.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.44.040 Prohibited home occupations.

The following list presents example commercial uses that are not incidental to or compatible with residential activities, are suitable only in nonresidential zoning districts, and are therefore prohibited:

Adult business;

Barber and beauty shop;

Businesses which entail the breeding, grooming, harboring, raising, or training of dogs, cats, or other animals on the premises;

Carpentry and cabinet making (does not prohibit a normal wood-working hobby operation);

Dance club/night club;

Fortune telling (psychic);

Massage parlor;

Medical and dental offices, clinics, and laboratories;

Mini-storage;

Plant nursery;

Storage of equipment, materials, and other accessories to the construction and service trades;

Vehicle repair (body or mechanical), upholstery, automobile detailing (e.g., washing, waxing, etc.) and painting. (This does not prohibit mobile minor repair or detailing at the customers location);

Welding and machining; and

Other similar uses determined by the director not to be incidental to or compatible with residential activities.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.44.050 Directors decision.

The director may approve a home occupation permit that would be operated in compliance with Section 17.44.060 (Operating Standards) below, or the director may defer action and refer the application to the commission.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.44.060 Operating standards.

This section provides locational and operational standards for the conduct of home enterprises which are incidental to and compatible with surrounding residential uses. A home occupation represents a legal income producing activity by the occupant(s) of the dwelling. Home occupations shall comply with all of the following operating standards:

The home occupation shall be incidental and secondary to and compatible with surrounding residential uses;

Only the occupant(s) of the dwelling may be engaged in the home occupation;

The home occupation shall not alter the appearance of the dwelling unit;

A home occupation shall not be initiated until a current business license is obtained in compliance with Fees Generally). Immediately following the effective date of an approved home occupation permit, when no appeal has been filed, the applicant shall obtain a business license;

Except as allowed by these standards there shall be no delivery, display, distribution, sale, or storage of merchandise, or advertising signs on the premises. Only a sign with the address and name of the resident shall be allowed;

There shall be no advertising which identifies the home occupation by street address;

The home occupation shall be confined completely to one room located within the main dwelling. It shall not occupy more than twenty-five percent of the gross area of the ground level floor. Garages or other enclosed accessory structures shall not be used for home occupation purposes, except for the storage of incidental office supplies where two parking spaces are maintained. Horticulture activities may be conducted outdoors, but only within the rear one-third of the subject parcel;

Only one vehicle no larger than a three quarter-ton truck may be used by the occupant(s) directly or indirectly in connection with a home occupation;

The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises in a manner different from normal residential usage, except for FedEx, UPS, or USPS home deliveries/pickups;

The home occupation shall not encroach into any required parking, setback, or open space areas;

There shall be no use or storage of material or mechanical equipment not recognized as being part of a normal household or hobby use;

The use shall not create or cause dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, or vibration that can or may be considered a hazard or nuisance;

Negative impacts that may be felt, heard, or otherwise sensed on adjoining parcels or public rights-of-way shall not be allowed;

Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. Utility consumption shall not exceed normal residential usage;

Creation of pedestrian or vehicular traffic or parking demand in excess of that customarily associated with the residential zoning district in which it is located shall not be allowed;

A home occupation permit shall not be transferable;

Only one home occupation may be allowed in any dwelling;

For rental property, the property owners written authorization for the proposed use shall be obtained and submitted with the application for a home occupation permit;

Standards for home occupations that would allow for transient visitor accommodations are identified in Section 17.30.50 (Bed and Breakfast Inns);

Any special condition(s) established by the director shall be made part of the record of the home occupation permit, as deemed necessary to carry out the purpose of this chapter; and

All pre-existing home occupations shall conform with all applicable title requirements before or upon renewal of the annual business license.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.44.070 Conditions of approval.

In approving a home occupation permit, the director may impose conditions (e.g., buffers, hours of operation, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the purpose of this chapter.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.44.080 Permit expiration.

Home occupation permits shall immediately expire upon discontinuance of the home occupation.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.44.090 Inspections.

The director shall have the right at any time, upon request, to enter and inspect the premises subject to a home occupation permit a order to verify compliance with the locational and operational standards identified in Section 17.44.060 (Operating Standards), above.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.44.100 Revocation.

The director may revoke or modify a home occupation permit in compliance with Chapter 17.78 (Revocations and Modifications).

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.44.110 Applicable regulations.

All applications shall be subject to the applicable provisions of this title, including the procedures identified in the following:

17.76 Appeals

17.36 Application Filing, Processing, and Fees

17.68.080 Changes to an Approved Project

17.78 Revocations and Modifications

17.68.070 Time Extensions.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.46.010 Purpose.

The purpose of this chapter is to allow for short-term activities that would be compatible with adjacent and surrounding uses when in compliance with this chapter.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.46.020 Allowed uses.

The following temporary uses are allowed, subject to the issuance of a temporary use permit:

Within commercial zoning districts, temporary outdoor merchandise display and sales events, limited to four separate events during each calendar year, not exceeding ten days for each separate event, plus an additional four separate events associated with any weekend during each calendar year which shall not exceed three days for each such event, may be permitted, provided that each event is separated by at least fifteen days and offers only merchandise customarily sold on the premises by a permanently established business. During the 2013 calendar year, such events shall be exempt from the payment of a temporary use permit application fee;

Halloween pumpkin sales and Christmas tree sale lots by businesses holding a valid business license; provided, the activity may only be held from October 1st through October 31st, of the same year for the Halloween pumpkin sales, and from the day after Thanksgiving through December 25th, of the same year for Christmas tree sales;

On- and off-site contractor's construction yard. The permit may be effective for up to twelve months, or at the discretion of the director, may remain effective in conjunction with a building permit to which the temporary use is related. Said temporary use trailer or building shall be removed prior to expiration of the companion building permit, or prior to final inspection whichever occurs first;

Car washes, limited to one event each month for each sponsoring organization, not exceeding one day in length. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Revenue and Taxation Code;

The temporary use of a specified and approved on-location site for the filming of commercials, movie(s), videos, etc. The director shall find that the approval would not result in a frequency of use likely to create incompatibility between the temporary filming activity and the surrounding areas;

Emergency public health and safety needs/land use activities; and

Similar temporary uses which, in the opinion of the director, are compatible with the subject zoning district and surrounding land uses.

(Ord. 777 § 1 (Exh. A), 2002; Ord. 1003 § 1, 2010; Ord. 1032 § 2, 2011; Ord. 1042 § 1, 2012; Ord. 1054 § 1, 2013)

§ 17.46.030 Application.

The application shall be filed with the department in compliance with Chapter 17.36 (Application Filing, Processing, and Fees). A temporary use permit may be approved, modified, conditioned, or disapproved by the director. The director may defer action and refer the application to the commission.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.46.040 Findings and decision.

The director shall review all applications and shall record the decision in writing with the findings on which the decision is based. The temporary use permit application shall be approved, with or without conditions, only if all of the following findings are made:

The design and layout of the proposed temporary use would:

Be consistent with the actions, goals, objectives, and policies of the general plan and the development and design standards/guidelines of the subject zoning district;

Not interfere with the use and enjoyment of neighboring existing or future developments, and would not create traffic or pedestrian hazards; and

Provide a desirable environment for its occupants and visiting public as well as its neighbors through good/proper aesthetic use of materials, texture, and color, and would be aesthetically appealing and retain an appropriate level of maintenance.

The proposed temporary use would not:

Be detrimental to the public convenience, health, interest, safety, or welfare, or materially injurious to the properties or improvements in the immediate vicinity; or

Interfere with the use or enjoyment of property in the surrounding neighborhood.

The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA).

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.46.050 Conditions of approval.

In approving an application for a temporary use permit, the director shall impose conditions which are deemed reasonable and essential to ensure that the permit would be in full compliance with the findings required by Section 17.46.040 (Findings and decisions). These conditions may address any pertinent factors affecting the operation of the temporary event, or use, and may include the following:

Unless otherwise stated in the permit, a provision for a fixed period of time not to exceed ninety days for a temporary use not occupying a structure, including promotional activities, or twelve months for all other temporary uses or structures, or for a charter period of time as determined appropriate by the director;

Provision for adequate temporary pedestrian and vehicular circulation, parking facilities (including vehicular ingress and egress), and public transportation, if applicable;

Regulation of nuisance factors including prevention of glare or direct illumination on adjacent parcels, dirt, dust, gases, heat, noise, odors, smoke, trash, and vibration;

Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;

Provision for sanitary and medical facilities, as appropriate;

Provision for solid, hazardous, and toxic waste collection, recycling, and/or disposal;

Provision for police/security and safety measures, as appropriate;

Regulation of signs;

Regulation of operating hours and days, including limitation of the duration of the temporary use;

Submission of a performance bond or other security measures, satisfactory to the director, to ensure that any temporary facilities or structures used would be removed from the site within a reasonable time following the event and that the property would be restored to its former condition, or better as determined by the director;

A requirement that the approval of the requested temporary use permit is contingent upon compliance with applicable provisions of the Municipal Code and the successful granting of any/all required permits from any other department or governing agency; and

Other conditions which would ensure the operation of the proposed temporary use in an orderly and efficient manner, and in full compliance with the purpose of this chapter.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.46.060 Condition of site following temporary use.

Each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall continue to be used in compliance with this title.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.46.070 Revocation.

The director may revoke or modify a temporary use permit in compliance with Chapter 17.78 (Revocations and Modifications) with only a twenty-four-hour notice.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.46.080 Applicable regulations.

All applications shall be subject to the applicable provisions of this title, including the procedures identified in the following chapters and sections:

17.76 Appeals

17.36 Application Filing, Processing, and Fees

17.68.080 Changes to an Approved Project

17.78 Revocations and Modifications

17.68.070 Time Extensions.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.48.010 Purpose.

The purpose of this chapter is to allow for activities requiring a conditional use permit and which are so unique that their effect on the surrounding environment cannot be determined before being proposed for a particular location. At the time of application, a review of the configuration, design, location and potential effect of the proposed activity shall be conducted by comparing it to established development and site standards. This review shall determine whether the proposed use should be allowed by weighing the public need for and the benefit(s) to be derived from the proposed use, against the potential negative effects it may cause.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.48.020 Application.

An application for a conditional use permit shall be filed in compliance with Chapter 17.36 (Application Filing, Processing, and Fees).

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.48.030 Applicability.

The land use activities listed in Division II (Zoning Districts) may be allowable subject to the approval of a conditional use permit.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.48.040 Project review.

Each application shall be analyzed to ensure that it is consistent with the purpose of this chapter and in compliance with the California Environmental Quality Act (CEQA). To ensure effective implementation of General Plan policies relating to design, each application may be reviewed in compliance with Chapter 17.40 (Design Review) before determination by the commission. Additionally, any application which may involve grading may require the submittal of preliminary grading plans for review and recommendation by the city engineer and approval by the commission.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.48.045 Minor conditional use permits.

Requests for a conditional use permit that involve establishment of a conditional use in an existing structure or expansion of a conditional use in an existing structure, where no exterior modifications to the structure are required may qualify for a minor conditional use permit and shall be subject to director review and approval. Wireless communications facilities as detailed in Chapter 17.32 may also qualify for a minor conditional use permit with the review authority determined by Section 17.32.060(A). Tennis and sports courts (non-lighted) may also qualify for a minor conditional use permit with a recommendation by the director. Said application shall be made to the director of development services and processed in accordance with Chapter 17.48.

(Ord. 1033 § 2, 2011; Ord. 1223, 6/5/2025)

§ 17.48.050 Hearings and notice.

Upon receipt in proper form of a conditional use permit application and compliance with the California Environmental Quality Act (CEQA), a public hearing shall be set and notice of the hearing given in compliance with Chapter 17.74 (Public Hearings).

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.48.060 Findings and decision.

Following a hearing, the review authority shall record the decision in writing and shall recite the findings upon which the decision is based. The review authority may approve a conditional use permit application in whole or in part, with conditions, only if all of the following findings are made:

The proposed use is conditionally allowed within, and would not impair the integrity and character of, the subject zoning district and is in compliance with all of the applicable provisions of this title;

The proposed use is consistent with the general plan and specific plan, if applicable;

The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses and would not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other allowed uses operating nearby or adverse to the public interest, health, safety, convenience, or welfare of the city;

The subject site is physically suitable for the type and density/intensity of use being proposed;

There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety; and

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.48.070 Use of property before final decision.

Permits shall not be issued for any use involved in an application for a conditional use permit until, and unless, the same shall have become final, in compliance with Section 17.68.030 (Effective date of permits).

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.48.080 Conditional use permit expiration.

Within twelve months of conditional use permit approval, the permit shall be exercised in compliance with Section 17.68.060 (Expiration) or the permit shall be deemed void.

If the application for the conditional use permit also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit shall be exercised before the expiration of the companion tentative map.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.48.090 Time extension.

The review authority may, upon an application being filed at least thirty days before the date of permit expiration and for good cause, grant one time extension not to exceed twelve months, in compliance with Section 17.68.070 (Time extensions).

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.48.100 Modification of a conditional use permit.

An approved conditional use permit may be modified in compliance with Section 17.68.080 (Changes to an approved project). Minor modifications to an approved permit may be approved by the director, in compliance with Section 17.68.080 (Changes to an approved project). Minor modifications shall not apply when a nonconforming use, structure or site is involved.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.48.110 Conditions of approval.

In approving a conditional use permit, the review authority may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 17.48.060 (Findings and decision).

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.48.120 Periodic review.

The city may conduct a periodic review of the permit to ensure proper compliance with this title and any developmental or operational conditions imposed by the review authority.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.48.130 Performance guarantee.

The applicant or owner may be required to provide adequate performance security for the faithful performance of any/all conditions of approval imposed by the review authority.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.48.140 Conditional use permit to run with the land.

A conditional use permit granted in compliance with the provisions of this chapter shall continue to be valid upon a change of ownership of the site, business, service, use, or structure which was the subject of the permit application.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.48.150 Revocation.

The review authority may revoke or modify a conditional use permit in compliance with Chapter 17.18 (Revocations and Modifications).

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.48.160 Applicable regulations.

All applications shall be subject to the applicable provisions of this title, including the procedures identified in the following chapters and sections:

17.76	Appeals
17.36	Application Filing, Processing, and Fees
17.68.080	Changes to an Approved Project
17.74	Public Hearings
17.78	Revocations and Modifications
17.68.070	Time Extensions.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.50.010 Purpose.

The purpose of this chapter is to ensure that minor variances are only granted when, because of special circumstances applicable to the property, the strict application of this title denies the property of privileges enjoyed by other property located nearby and in an identical zoning district and conditions are applied which would ensure that the minor variance shall not constitute a granting of special privilege(s) inconsistent with the limitations upon other property in the vicinity and zoning district in which the property is located.

The power to grant minor variances does not extend to use regulations.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.50.020 Application.

An application for a minor variance shall be filed in compliance with Chapter 17.36 (Application Filing, Processing, and Fees).

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.50.030 Applicability.

The director may grant a minor variance, up to a maximum of ten percent of the standards being modified, for only the following:

Allowable height of a fence, hedge, or wall;

Distance between structures;

On-site parking, loading, lighting, and landscaping;

Parcel coverage;

Parcel dimensions and area (size);

Setbacks; or

Signs (other than prohibited signs).

Any minor variance request which exceeds the prescribed limitations identified in this chapter shall require the filing of a variance application in compliance with Chapter 17.52.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.50.040 Project review.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.50.050 Notice.

A public hearing shall not be required for a decision on a minor variance.

The director shall have discretion to provide notice (e.g., posting the subject site).

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.50.060 Findings and decision.

The director shall record the decision in writing and shall recite the findings upon which the decision is based, in compliance with state law (Government Code Section 65906 or as this section may be amended/replaced from time to time). The director may defer action and refer the application to the commission. The director may approve an application in whole or in part, with conditions, only if all of the following findings are made:

There are special circumstances applicable to the property, including location, shape, size, surroundings, or topography so that the strict application of this title denies the property of privileges enjoyed by other property in the vicinity and under identical zoning district classification.

Granting the minor variance:

Is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zoning district and unavailable to the property for which the minor variance is sought;

Would not be detrimental to the public health, safety, or welfare, or injurious to the property or improvements in the vicinity and zoning district in which the property is located;

Does not constitute a special privilege inconsistent with the limitations upon other property in the vicinity and zoning district in which the property is located;

Does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel; and

Would not be inconsistent with the general plan.

The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA).

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.50.070 Precedents.

Each application shall be reviewed on an individual case-by-case basis and the granting of a prior minor variance is not admissible evidence for the granting of a new minor variance.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.50.080 Burden of proof.

The burden of proof to establish the evidence in support of the findings, required by Section 17.50.060 (Findings and decision), is the responsibility of the applicant.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.50.090 Minor variance expiration.

Within twelve months of minor variance approval, the minor variance shall be exercised in compliance with Section 17.68.060 (Expiration) or the minor variance shall be deemed void.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.50.100 Time extension.

The director may, upon an application being filed at least thirty days before the date of permit expiration and for good cause, grant one time extension not to exceed one hundred eighty days, in compliance with Section 17.68.070 (Time extensions).

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.50.110 Conditions of approval.

In approving a minor variance, the director may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 17.50.060 (Findings and decision).

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.50.120 Use of property before final decision.

Permits shall not be issued for any use involved in an application for a minor variance until, and unless, the same shall have become final, in compliance with Section 17.68.030 (Effective date of projects).

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.50.130 Performance guarantee.

The applicant or owner may be required to provide adequate performance security for the faithful performance of any/all conditions of approval imposed by the director.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.50.140 Revocation.

The director may revoke or modify a minor variance in compliance with Chapter 17.78 (Revocations and Modifications).

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.50.150 Applicable regulations.

All applications shall be subject to the applicable provisions of this title, including the procedures identified in the following chapters and sections:

17.76	Appeals
17.36	Application Filing, Processing, and Fees
17.68.080	Changes to an Approved Project
17.74	Public Hearings
17.78	Revocations and Modifications
17.68.070	Time Extensions.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.52.010 Purpose.

The purpose of this chapter is to ensure that variances are only granted when, because of special or unique circumstances applicable to the property, including location, shape, size, surroundings or topography, the strict application of this title denies the property of privileges enjoyed by other property located nearby and in an identical zoning district and conditions are applied which would ensure that the variance shall not constitute a granting of special privilege(s) inconsistent with the limitations upon other property in the vicinity and zoning district in which the property is located.

The power to grant variances does not extend to use regulations.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.52.020 Application.

An application for a variance shall be filed in compliance with Chapter 17.36 (Application Filing, Processing, and Fees).

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.52.030 Applicability.

The review authority may grant a variance from the requirements of this title for only the following:

Allow the modification of the dimensional standards in excess of ten percent for only the following:

Allowable height of a fence, hedge, or wall;

Distance between structures;

Parcel area (size);

Parcel coverage;

Parcel dimensions; or

Setbacks.

Allow the modification of sign regulations (other than prohibited signs); and

Allow the modification of the number and dimensions of parking areas, loading spaces, landscaping, or lighting requirements.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.52.040 Project review.

Each application shall be analyzed to ensure that it is consistent with the purpose of this chapter and in compliance with the California Environmental Quality Act (CEQA). To ensure effective implementation of general plan policies relating to design, each application may be reviewed in compliance with Chapter 17.40 (Design Review) before determination by the commission. Additionally, any application which may involve grading may require the submittal of preliminary grading plans for review and recommendation by the city engineer and approval by the commission.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.52.050 Hearings and notice.

Upon receipt in proper form of a variance application and compliance with the California Environmental Quality Act (CEQA), a public hearing shall be set and notice of the hearing given in compliance with Chapter 17.74 (Public Hearings).

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.52.060 Findings and decision.

Following a public hearing, the review authority shall record the decision in writing and shall recite the findings upon which the decision is based, in compliance with state law (Government Code Section 65906 or as this section may be amended/replaced from time to time). The review authority may approve an application in whole or in part, with conditions, only if all of the following findings are made:

Granting the variance:

Would not be detrimental to the public health, safety, or welfare, or injurious to the property or improvements in the vicinity and zoning district in which the property is located;

Does not constitute a special privilege inconsistent with the limitations upon other property in the vicinity and zoning district in which the property is located;

Does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel; and

Would not be inconsistent with the general plan and specific plan, if applicable.

The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA).

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.52.070 Precedents.

Each application shall be reviewed on an individual case-by-case basis and the granting of a prior Variance is not admissible evidence for the granting of a new variance.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.52.080 Variance expiration.

Within one hundred eighty days of variance approval, the variance shall be exercised in compliance with Section 17.68.060 (Expiration) or the variance shall be deemed void.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.52.090 Time extension.

The review authority may, upon an application being filed at least thirty days before the date of permit expiration and for good cause, grant one time extension not to exceed one hundred eighty days, in compliance with Section 17.68.070 (Time Extensions).

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.52.100 Conditions of approval.

In approving a variance, the review authority may impose conditions (e.g., buffers, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 17.52.060 (Findings and Decision), above.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.52.110 Use of property before final decision.

Permits shall not be issued for any use involved in an application for a variance until, and unless, the same shall have become final, in compliance with Section 17.68.030 (Effective Date of Projects).

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.52.120 Performance guarantee.

The applicant or owner may be required to provide adequate performance security for the faithful performance of any/all conditions of approval imposed by the review authority.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.52.130 Revocation.

The review authority may revoke or modify a variance in compliance with Chapter 17.78 (Revocations and Modifications).

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.52.140 Applicable regulations.

All applications shall be subject to the applicable provisions of this title, including the procedures identified in the following:

17.76 Appeals

17.36 Application Filing, Processing, and Fees

17.68.080 Changes to an Approved Project

17.74 Public Hearings

17.78 Revocations and Modifications

17.68.070 Time Extensions

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.54.010 Purpose.

The purpose of this chapter is to provide a process for preparing, processing, reviewing, adopting, and amending specific plans in compliance with State law (Government Code Section 65450 et seq. or as this chapter may be amended/replaced from time to time).

When required by Section 17.54.030 (Applicability), below, the General Plan, or this title to systematically implement the general plan for any part of the city, a specific plan shall be prepared, processed, approved and implemented, or disapproved, in compliance with this chapter.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.54.020 Intent.

A specific plan adopted by ordinance shall replace the base zoning district for the subject property, and the development standards and guidelines identified in the specific plan shall take precedence over the general standards and guidelines contained in this title.

A specific plan adopted by resolution shall be applied as guidelines and the applicable standards contained in this title shall take precedence over the development standards identified in the specific plan.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.54.030 Applicability.

An application for a specific plan shall be considered by the commission and council.

A specific plan is designed to provide for flexibility, innovative use of land resources and development, a variety of housing and other development types, and an equitable method of vehicular access.

A specific plan shall be required under the following circumstances:

Areas designated SP (Specific Plan Overlay) zoning district require the preparation of a specific plan in compliance with Chapter 17.14 (Overlay Districts);

Areas included within the city's sphere of influence and proposed for annexation to the city require the preparation of a specific plan to protect unique biological resources, create fiscal benefits for the city, and enhance its infrastructure; and

A specific plan, as a tool which is available to private property owners not covered by subparagraphs 1 and 2, above, could assist in the comprehensive master planning of a specific site(s).

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.54.040 Minimum project area.

The minimum project area for a Specific Plan shall be forty acres.

The project area may be one parcel under single ownership or a combination of adjoining parcels subject to a unified planning concept with written concurrence of one or more applicable property owners.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.54.050 Initiation and presubmittal requirements.

A specific plan may be initiated in the following manner:

By a resolution of intention adopted by the council, with or without a recommendation from the commission;

By a resolution of intention adopted by the commission; or

By an application being filed by the owner(s) of one or more parcels which would be the subject of the specific plan. If initiated by an applicant, the following should first occur:

A pre-application conference with the director is strongly encouraged before the filing of a specific plan application, in compliance with Section 17.36.030 (Pre-application Conference).

Public meeting(s) required.

Before the preparation of the specific plan, at least one public/neighborhood meeting shall be held to identify potential community impacts and concerns relating to the proposed plan.

Public notice of the meeting shall be in compliance with Chapter 17.74 (Public Hearings).

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.54.060 Preparation and content.

The applicant shall prepare a draft specific plan for review by the city that includes detailed information in the form of text and diagram(s), organized in compliance with state law (Government Code Section 65451).

The following information shall be provided:

The distribution, location, and extent of land uses proposed within the area covered by the Specific Plan, including open space areas;

The proposed distribution, extent, intensity, and location of major components of public and private circulation/transportation, drainage, energy, sewers, solid waste disposal, water, and other essential facilities proposed to be located within the specific plan area and needed to support the proposed land uses;

Standards, criteria, and guidelines by which development would proceed, and standards for the conservation, development, and utilization of natural resources, where applicable;

A program of implementation measures, including financing, regulations, programs, and public works projects, necessary to carry out the proposed land uses, infrastructure, and development and conservation standards and criteria;

A discussion of the relationship of the specific plan to the actions, goals, objectives, and policies of the general plan; and

The specific plan shall contain additional information deemed to be necessary by the director based on the characteristics of the area to be covered by the plan, applicable actions, goals, objectives, and policies of the general plan, or any other issue(s) determined by the director to be significant.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.54.070 Application filing, processing, and review.

A draft specific plan and application shall be filed with the department, and shall be accompanied by the fee established by the city's fee resolution. The draft plan shall be processed in the same manner as required for general plans by state law, and as follows:

Directors Evaluation.

After the filing of a draft specific plan, the director shall review the draft plan to determine whether it is in compliance with the provisions of this chapter.

If the draft plan is not in compliance, it shall be returned to the applicant with written specification(s) as to why it does not comply, and with suggested revisions to ensure compliance.

When a draft plan is returned by the applicant to the department and the director determines it is complete and in compliance with this chapter, the plan shall be deemed to be accepted for processing, in compliance with Section 17.36.060 (Initial Application Review).

The draft specific plan shall be subject to environmental review as identified in Section 17.36.070 (Environmental Assessment); and

A written staff report shall be prepared for the draft specific plan which shall include detailed recommendations for changes to the text and/or diagrams of the specific plan, as necessary to make it acceptable for adoption.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.54.080 Commissions action.

The commission shall make a written recommendation to the council on the proposed specific plan whether to approve, approve in modified form, or disapprove based upon the findings identified in Section 17.54.100 (Findings and Decision), below.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.54.090 Councils action.

Upon receipt of the commissions recommendation, the council may approve, approve in modified form, or disapprove the proposed specific plan based upon the findings identified in Section 17.54.100 (Findings and Decision), below.

Any substantial change(s) to the specific plan that were not considered by the commission shall be referred to the commission for its recommendation, in compliance with state law (Government Code Section 65356).

Failure of the commission to report within forty days after the referral, or a longer period set by the council, shall be deemed a recommendation for the approval of the change(s).

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.54.100 Findings and decision.

A specific plan may be approved, only if all of the following findings are made:

The proposed specific plan is consistent with the general plan;

The proposed specific plan would not be detrimental to the public interest, health, safety, convenience, or welfare of the city;

The subject property is physically suitable for the requested zoning district(s) and the anticipated land use development(s);

The proposed specific plan ensures development of desirable character which would be harmonious with existing and proposed development in the surrounding neighborhood; and

The specific plan shall be approved by ordinance, or by resolution of the council, in compliance with state law (Government Code Section 65453).

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.54.110 Implementation and amendments.

After the adoption of a specific plan, a public works project, a tentative map or parcel map, or an amendment to this title may be approved/adopted within an area covered by a specific plan only if it is first found consistent with the specific plan.

Implementation of development projects within an area covered by a specific plan shall require the filing and approval of all applicable development permits.

The council may impose a specific plan fee surcharge on development permits and approvals within the specific plan area, in compliance with state law (Government Code Section 65456).

Amendments.

A specific plan may be amended through the same procedure specified by this chapter for the approval of a specific plan.

The specific plan may be amended as often as deemed necessary by the council, in compliance with state law (Government Code Section 65453).

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.54.120 Applicable regulations.

All applications shall be subject to the applicable provisions of this title, including the procedures identified in the following:

17.76 Appeals

17.36 Application Filing, Processing, and Fees

17.68.080 Changes to an Approved Project

17.74 Public Hearings

17.78 Revocations and Modifications

17.68.070 Time Extensions

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.56.010 Purpose.

A development agreement is a contract between the city and an applicant for a development project, in compliance with state law (Government Code Sections 65864 et seq.) A development agreement is intended to provide assurance to the applicant that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to city policies, rules, and regulations after project approval. In return, the city is provided assurance of payment of required fees, installation of necessary infrastructure, and other considerations the city might obtain in the development agreement.

In construing the provisions of any development agreement entered into in compliance with this chapter, those provisions shall be read to fully effectuate, and to be consistent with, the language of this chapter, state law (Government Code Article 2.5, cited above), and the agreement itself. Should any apparent discrepancies between the meaning of these documents arise, reference shall be made to the following documents, and in the following order:

The plain terms of the development agreement itself;

The provisions of this chapter; and

The provisions of state law (Government Code Article 2.5, cited above).

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.56.020 Application.

Any person(s) having a legal or equitable interest in real property may apply through the director to enter into a development agreement provided the following:

The status of the applicant, having a legal or equitable interest in the subject real property, is established to the satisfaction of the director. An applicant may also include an authorized agent;

The application is made on approved forms, contains all information required by the director, and is filed with the department in compliance with Chapter 17.36 (Application Filing, Processing, and Fees); and

The application is accompanied by all lawfully required documents, materials, and information.

The director is empowered to receive, review, process, and prepare, together with recommendations for commission and council consideration, all applications for development agreements. The director may call upon all other city departments for timely assistance in complying with this chapter.

Processing fees, as established by the city's fee resolution, shall be collected for an application for a development agreement made in compliance with this chapter. Additionally, appropriate fees shall be established and collected for amendments to a development agreement.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.56.030 Hearings and notice.

The director, upon finding the application for a development agreement complete and in compliance with the provisions of the California Environmental Quality Act (CEQA), shall set the application, together with recommendations, for a public hearing before the commission in compliance with Chapter 17.74 (Public Hearings). Following conclusion of the public hearing, the commission shall make a written recommendation to the council that it approve, conditionally approve, or disapprove the application.

Upon receipt of the commissions recommendation, the city clerk shall set the application and written report of the commission for a public hearing before the council in compliance with Chapter 17.74 (Public Hearings). Following conclusion of the public hearing, the council shall approve, conditionally approve, or disapprove the application.

Notice of the hearings identified in subsections A and B shall be given in the form of a notice of intention to consider approval of a development agreement in compliance with state law (Government Code Section 65867) and Chapter 17.74 (Public Hearings).

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.56.040 Content of development agreements.

Mandatory Contents.

A development agreement shall contain the applicable provisions identified below, in compliance with state law (Government Code Section 65865.2):

Specify the duration of the agreement;

Specify the allowed uses for the subject property;

Specify the density/intensity of the allowed uses;

Describe the maximum height and size of proposed structures by clearly identifying and referring to the documents and exhibits approved;

Describe the provisions, if any, for reservation or dedication of land for public purposes;

Describe the provisions, if any, for the protection from either a future growth control ordinance or a future increase in development and/or effect fees;

Provide for a tiered amendment review procedure that may incorporate the following:

Director approval for minor modifications;

Commission approval for major modifications; and

Council approval for major amendments.

Provide for the possibility of subsequent discovery of health and safety issues like a compelling public necessity (e.g., a new environmental health hazard is discovered), which would necessitate a reconsideration/amendment of the previously approved development agreement.

Permissive Contents.

A development agreement entered into in compliance with this chapter may include the following provisions:

Conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that the conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density/intensity of development specified in the agreement;

Provisions which require that construction shall be commenced within a specified time and that the project, or any single phase, be completed within a specified time;

Terms and conditions relating to applicant financing of necessary public improvements and facilities including applicant participation in benefit assessment proceedings; and

Any other terms, conditions and requirements as the council may deem necessary and proper, including requirement(s) for ensuring, to the satisfaction of the director, performance of all provisions of the agreement in a timely manner by the applicant/contracting party.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.56.050 Execution and recordation.

The city shall not execute any development agreement until on or after the date upon which the ordinance approving the agreement, enacted in compliance with Section 17.56.030 (Hearings and Notice), above, becomes effective.

A development agreement shall be recorded in the county recorders office no later than ten days after it is executed.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.56.060 Amendment and cancellation of development agreements.

Either party to the agreement may propose an amendment to or cancellation of the development agreement.

The procedure and notice requirements for amendment or cancellation of the development agreement is the same as the procedure for entering into an agreement in compliance with this chapter.

Where the city initiates the amendment or cancellation of the development agreement, it shall first give notice to the property owner of its intention to initiate the proceedings at least fifteen days before giving public notice to consider the amendment or cancellation, in compliance with Chapter 17.74 (Public Hearings).

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.56.070 Periodic review.

Every development agreement, approved and executed in compliance with this chapter, shall be subject to periodic city review during the full term of the agreement. The review schedule shall be specified in the agreement.

The purpose of the periodic reviews shall be to determine whether the applicant/contracting party or its successor(s)-in-interest has complied in good faith with the terms or conditions of the development agreement. The burden of proof shall be on the applicant/contracting party or its successor(s) to demonstrate compliance, to the full satisfaction of, and in a manner prescribed by, the city.

If, as a result of periodic review in compliance with this subsection, the council finds and determines, on the basis of substantial evidence, that the applicant/contracting party or its successor(s)-in-interest has not complied in good faith with the terms or conditions of the development agreement, the council may order, after a noticed public hearing in compliance with Section 17.56.030 (Hearings and Notice), above, that the agreement be terminated or modified.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.56.080 Effect of development agreements.

Unless otherwise provided by the development agreement, the policies, regulations, and rules governing allowed uses of the land, density, design, improvement, and construction standards and specifications, applicable to development of the property subject to a development agreement, are the policies, regulations, and rules in force at the time of execution of the agreement.

In compliance with state law (Government Code Section 65866), a development agreement shall not prevent the city, in subsequent actions applicable to the property, from applying new policies, regulations, and rules which do not conflict with those policies, regulations, and rules applicable to the property, nor shall a development agreement prevent the city from conditionally approving or denying any subsequent development project application on the basis of existing or new policies, regulations, and rules.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.56.090 Approved development agreements.

Development agreements approved by the council shall be on file with the city clerk.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.56.100 Applicable regulations.

All agreements shall be subject to the applicable provisions of this title, including the procedures identified in the following chapters and sections:

17.76 Appeals

17.36 Application Filing, Processing, and Fees

17.74 Public Hearings

17.78 Revocations and Modifications

17.68.070 Time Extensions.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.58.010 Purpose.

The purpose of this chapter is to establish procedures for review and approval of street names and street name changes.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.58.020 Initiation of street name changes.

Street name changes may be initiated by either the city or by petition of owners of seventy-five percent of the properties fronting upon the affected street.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.58.030 Application.

The initiating city agency, property owner, or group of property owners shall file a completed name or street name change application with the department.

When naming a new public street or renaming is initiated by a property owner(s), a petition shall be completed with signatures of the property owners or tenants representing at least seventy-five percent of the properties located along the road segment to be named or renamed. The application and petition shall also include the required filing fee, in compliance with the city's fee resolution.

When naming a new public street or renaming is initiated by the city, the city shall notify all affected property owners of commission public hearings to consider the street naming.

(Ord. 777 § 1 (Exh. A), 2002; Ord. 1034 § 2, 2011)

§ 17.58.040 Review authority.

Street Names associated with the development of private streets in new subdivisions shall be subject to review and approval by the director.

All newly created public streets and street name changes shall be subject to public hearing review and approval by the commission.

(Ord. 777 § 1 (Exh. A), 2002; Ord. 1034 § 2, 2011)

§ 17.58.050 Hearings.

Upon receipt in proper form of an application or direction of the council, following staff review, hearings shall be set. Notice of the hearings will be given in compliance with the requirements of Chapter 17.74 (Public Hearings).

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.58.060 Findings and decision.

Street names and street name changes may be approved by the applicable review authority only if all of the following findings are made:

The proposed street name or name change is consistent with the general plan and in compliance with Municipal Code Chapter 12.06 (Street Name Standards); and

The proposed street name or name change would not be detrimental to the public interest, health, safety, convenience, or welfare of the city.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.58.070 Applicable regulations.

All applications shall be subject to the applicable provisions of this title, including the procedures identified in the following chapters:

17.76 Appeals

17.36 Application Filing, Processing, and Fees

17.74 Public Hearings.

(Ord. 777 § 1 (Exh. A), 2002)

Rancho Mirage City Zoning Code

Division IV

Permits and Review

§ 17.34.010 Introduction.

The purpose of this division is to outline procedures together with various land use permit or approval options.

Table 4-1 (Threshold of Review) identifies the full range of land use permit or approval options and the general review authority for the subject permit.

Table 4-1 Threshold of Review⁶
Type of Application	See Chapter	Director Review¹	Commission Review²	City Council Review³
Amendments (General Plan, and Zoning Map/Ordinance)³	17.72	X	X	X
Conditional Use Permit (Minor)⁷	17.48	X	X
Conditional Use Permits⁷	17.48	X	X	X
Development Agreements³	17.56	X	X	X
Development Plan Permits	17.42	X	X	X
Development Plan Extension of Time⁸	17.42	X	X	X
Home Occupation Permits	17.44	X
Private Tennis Court or Sport Court (Associated with PDP Modification)	17.30	X	X
Private Tennis Court or Sport Court Associated with Single-Family Residence	17.30	X	X
Sign Permits⁴	17.28	X	X
Sign Programs	17.28	X	X
Single-Family Permit	17.42	X
Single-Family Permit Extension of Time	17.42	X
Specific Plans/Specific Plan Amendments³	17.54	X	X	X
Street Names	17.58	X
Street Name Changes	17.58	X	X
Temporary Use Permits	17.46	X
Tentative Parcel Maps	16.12	X	X
Tentative Parcel Map Extension of Time	17.68	X	X
Tentative Tract Maps³	16.12	X	X	X
Tentative Tract Map Extension of Time	17.68	X	X	X
Variances (Minor)	17.50	X
Variances⁵	17.52	X	X

Notes:
1	The director may defer action and refer any permit or approval application to the commission for final determination.
2	The commission may defer action and refer any permit or approval application to the council for final determination.
3	Commission recommends to council for final determination.
4	The director may approve signs thirty sq. ft. or smaller in size or signs which conform to an approved sign program. Other signs are reviewed by the commission.
5	The commission shall recommend to the city council variances required in connection with a development plan permit or conditional use permit.
6	Project review authority for development plan and conditional use permits is dependent on the land use type and is identified in Tables 2-2 and 2-4.
7	The review authority for wireless communication facilities shall be subject to the provisions of Section 17.32.060(A). Conditional uses within an existing building shall be subject to the review and approval of the director.
8	The director may approve time extensions, but may defer, at directors discretion, such requests to the commission or city council for final action.