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ORDINANCE NO. 1219
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, 1) FINDING ADOPTION OF THIS OMNIBUS ORDINANCE EXEMPT FROM CEQA; AND 2) ADDING CHAPTER 5.14 (NONRESIDENTIAL SPECIAL EVENT PERMITS); DELETING SECTION 10.32.070 (SIDEWALK SALES PROHIBITIONS AND REGULATIONS); DELETING CHAPTER 8.10 (ILLEGAL DUMPING) AND ADDING SECTION 14.60.245 (ILLEGAL DUMPING); ADDING SECTION 14.60.550 (WASTEFUL LANDSCAPE IRRIGATION AND VECTOR CONTROL) TO CHAPTER 14.60 (PUBLIC NUISANCES); AMENDING CHAPTERS 5.04 (BUSINESS LICENSES AND FEES GENERALLY) -SECTION 5.04.290 (ENFORCEMENT), CHAPTER 8.12 (GARBAGE COLLECTION) -SECTION 8.12.170 (SELF-HAULER REQUIREMENTS), CHAPTER
6.60 (ANIMAL NUISANCES) -SECTION 6.60.010 (ANIMAL NUISANCES DEFINED), CHAPTER 10.40 (STOPPING, STANDING AND PARKING REGULATIONS AND RESTRICTIONS) -SECTION 10.40.120 (STREET VENDING -PERMIT REQUIRED - RESTRICTIONS), CHAPTER 14.60 (PUBLIC NUISANCES) -SECTIONS 14.60.050 (TREES AND SHRUBS) AND 14.60.070 (VEHICLE PARKING), CHAPTER 14.80 (ADMINISTRATIVE CITATION AND APPEAL PROCEDURES) -SECTION 14.80.030 (TIME PERIOD WITHIN WHICH TO CORRECT OR REMEDY VIOLATIONS), CHAPTER
15.27 (HISTORIC PRESERVATION PROGRAM), CHAPTER 16.12 (TENTATIVE MAPS) -SECTION 16.12.080 (EXPIRATION), CHAPTER 17.08 (RESIDENTIAL DISTRICTS) SECTIONS 17.08.012 (ALLOWABLE RESIDENTIAL ZONE USES, PERMIT REQUIREMENTS AND PROJECT REVIEW AUTHORITY) & 17.08.020 (RESIDENTIAL DISTRICTS GENERAL DEVELOPMENT STANDARDS), CHAPTER 17.20 (GENERAL PROPERTY AND USE STANDARDS)-SECTION 17.20.110 (OUTDOOR STORAGE), CHAPTER 17.30 (STANDARDS FOR SPECIFIC LAND USES) -SECTION 17.30.030 (ANIMAL KEEPING), CHAPTER 17.34 (INTRODUCTION) -SECTION 17.34.010 (INTRODUCTION) OF DIVISION IV (PERMITS AND REVIEW), AND CHAPTER 17.68 (PERMIT IMPLEMENTATION, TIME LIMITS, AND EXTENSIONS) -SECTION
17.68.060 (EXPIRATION) OF THE RANCHO MIRAGE MUNICIPAL CODE WHEREAS, the City of Rancho Mirage is a charter city and a municipal corporation of the State of California, and recognized as a political subdivision of the State of California for certain purpose; and
WHEREAS, the "Proposed Project" is an omnibus ordinance, proposing various revisions to Title 5 (Business Taxes, Licenses and Regulations), Title 10 (Vehicles and Traffic), Title 16 (Subdivisions) and Title 17 (Zoning), as specified in more detail herein, in the Rancho Mirage Planning Commission May 30, 2024, Special Meeting Staff Report, incorporated herein by reference, and June 20, 2024, City Council Staff Report; and WHEREAS, Chapter 17. 73 of the Rancho Mirage Municipal Code provides that amendments to the text of Title 17 may be initiated by the City Manager or any Department Director; and
WHEREAS, the version of the Ordinance included in the May 30, 2024, Special Rancho Mirage Planning Commission Staff report differs in substance from the version 1 2-2
included in the City Council's consideration of this Omnibus Ordinance, because staff proposed further Municipal Code amendments which are outside the purview of the Planning Commission, and instead go directly to the City Council for consideration; and WHEREAS, on May 30, 2024, the Planning Commission adopted Resolution No. 2024-PC-03, incorporated herein by this reference, recommending the City Council (1) find the adoption of the omnibus ordinance, as presented to the Planning Commission, not a "project" under CEQA pursuant to Title 14 California Code of Regulations, Section 15378, because it will not cause a direct (or reasonably foreseeable indirect) physical environmental change, but even assuming, arguendo, that the action is a "project" under CEQA, it is exempt from CEQA pursuant to 15061 (b)(3) in that the amendments involve general policy and procedure making, and it can be seen with certainty that there is no possibility that the amendments will have a significant effect on the environment; and (2) find the amendments consistent with the General Plan and applicable Specific Plans, upon consideration of all of its aspects, in that the proposed amendments further the objectives and policies of the General Plan and do not obstruct their attainment, and (3) introduce and adopt the omnibus ordinance ; and
WHEREAS, the action is an amendment to the Municipal Code and is City-wide .
Certain revisions to the municipal code require public noticing, to provide the public an opportunity to comment on certain proposed revisions, in accordance with applicable law.
Accordingly, a Public Hearing Notice was published in the Desert Sun on June 9, 2024, and posted at the City's website, City Hall, and library on June 5, 2024, informing the public of City Council's consideration of portions of the attached ordinance, and the Planning Commission's recommendation related thereto, in addition to the Agenda and Staff Report posted on the City's website for public review and inspection at least 72 hours prior to the City Council's June 20, 2024, meeting.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, DOES HEREBY RESOLVES AS FOLLOWS:
SECTION 1. RECITALS AND EXHIBITS
That the foregoing Recitals and attached Exhibits are true and correct and are hereby incorporated by this reference.
SECTION 2. EVIDENCE AND ADMINISTRATIVE RECORD
That the City Council conducted a noticed Public Hearing on June 20, 2024, and considered all of the evidence submitted into the administrative record for the Proposed Project, including, but not limited to, the following, which are all hereby incorporated herein by reference :
(a) Rancho Mirage Municipal Code;
(b) Rancho Mirage General Plan, applicable Specific Plans, and Title 17 (Zoning) of the Rancho Mirage Municipal Code and all relevant provisions contained therein;
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(c) Notice of Planning Commission Public Hearing scheduled for May 30, 2024, at 2:00 p.m. in the Council Chamber, located at City Hall at 69-825 Highway 111, Rancho Mirage, California;
(d) Planning Commission Staff Report, attachments and Staff presentation for the Proposed Project, and all public documents, records and references related thereto submitted or provided at or prior to the May 30, 2024, Planning Commission Public Hearing;
(e) Testimony and/or comments from all persons that were provided in written format or correspondence, at, or prior to, the May 30, 2024, Planning Commission Public Hearing;
(f) Notice of City Council Public Hearing scheduled for June 20, 2024, at 1 :00 p.m. in the Council Chamber, located at City Hall at 69-825 Highway 111, Rancho Mirage, California;
(g) City Council Staff Report, attachments and Staff presentation for the Proposed Project, and all public documents, records and references related thereto submitted or provided at or prior to the June 20, 2024, City Council Public Hearing; and
(h) Testimony and/or comments from all persons that were provided in written format or correspondence, at, or prior to, the June 20, 2024, City Council Public Hearing .
SECTION 3. CITY COUNCIL ENVIRONMENTAL REVIEW AND
GENEAL PLAN CONSISTENCY
That based on the foregoing Recitals and the Evidence contained in the Administrative Record for the Proposed Project, as set forth and described herein, and the findings and determinations set forth in the May 30, 2024, Planning Commission Staff Report, and June 20, 2024, City Council Staff Report, and this Ordinance, the City Council takes the following actions:
a) Find that the adoption of the ordinance is not a "project" under CEQA pursuant to Title 14 California Code of Regulations, Section 15378, because it will not cause a direct (or reasonably foreseeable indirect) physical environmental change, but even assuming arguendo that the action is a "project" under CEQA, it is exempt from CEQA pursuant to 15061 (b)(3) in that the amendments involve general policy and procedure making, and it can be seen with certainty that there is no possibility that the amendments will have a significant effect on the environment; and
b) Find the amendments to the Municipal Code are consistent with the General Plan and applicable Specific Plans, upon consideration of all of its aspects, in that the proposed amendments further the objectives and policies of the General Plan and do not obstruct their attainment.
SECTION 4. AMENDING SECTION 5.04.290 (ENFORCEMENT) OF
CHAPTER 5.04 (BUSINESS LICENSES AND FEES
GENERALLY) OF TITLE 5 (BUSINESS TAXES, LICENSES
AND REGULATIONS)
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That Section 5.04.290 (Enforcement) of the Rancho Mirage Municipal Code is hereby amended as set forth in Exhibit "A", attached hereto and incorporated herein by this reference.
SECTION 5. ADDING CHAPTER 5.14 (NONRESIDENTIAL SPECIAL
EVENT PERMITS)
That Chapter 5.14 (Nonresidential Special Event Permits) of Title 5 (Business Taxes, Licenses and Regulations) of the Rancho Mirage Municipal Code is hereby added in its entirety as set forth in Exhibit "B", attached hereto and incorporated herein by this reference.
SECTION 6. AMENDING SECTION 6.60.010 (ANIMAL NUISANCES
DEFINED) OF CHAPTER 6.60 (ANIMAL NUISANCES) OF
TITLE 6 (ANIMAL SERVICES)
That Section 6 .60.010 (Animal Nuisances Defined) is hereby amended as set forth in Exhibit "C", attached hereto and incorporated herein by this reference.
SECTION 7. AMENDING SECTION 8.12.170 (SELF-HAULER
REQUIREMENTS) OF CHAPTER 8.12 (GARBAGE
COLLECTION) OF TITLE 8 (HEAL TH AND SAFETY)
That Section 8.12.170 (Self-Hauler Requirements) of Title 8 (Health and Safety) is hereby amended as set forth in Exhibit "D", attached hereto and incorporated herein by this reference.
SECTION 8. DELETING SECTION 10.32.070 (SIDEWALK SALES
PROHIBITIONS AND REGULATIONS) OF CHAPTER 10.32
(PROHIBITED ACTS) OF TITLE 10 (VEHICLES AND
TRAFFIC)
That Section 10.32.070 (Sidewalk Sales Prohibitions and Regulations) of Chapter
10.32 (Prohibited Acts) of Title 10 (Vehicles and Traffic) of the Rancho Mirage Municipal Code is hereby deleted in its entirety, as set forth in Exhibit "E", attached hereto and incorporated herein by this reference.
SECTION 9. DELETING CHAPTER 8.10 (ILLEGAL DUMPING) AND
ADDING SECTION 14.60.245 (ILLEGAL DUMPING)
That Chapter 8.10 (Illegal Dumping) of Title 8 (Health and Safety) is hereby deled in its entirety and Section 14 .60.245 (Illegal Dumping) is added to the Rancho Mirage Municipal Code, as set forth in Exhibit "F", attached hereto and incorporated herein by this reference.
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SECTION 10. AMENDMENT TO SECTION 10.40.120 (STREET VENDING -PERMIT REQUIRED -RESTRICTIONS) OF CHAPTER
10.40 (STOPPING, STANDING AND PARKING
REGULATIONS AND RESTRICTIONS) OF TITLE 10
(VEHICLES AND TRAFFIC)
That Section 10.40 .120 (Street Vending -Permit Required -Restrictions) of Chapter 10.40 (Stopping, Standing and Parking Regulations and Restrictions) of Title 10 (Vehicles and Traffic) of the Rancho Mirage Municipal Code is hereby amended and replaced in its entirety as set forth in Exhibit "G", attached hereto and incorporated herein by this reference.
SECTION 11. ADDING SECTION 14.60.550 (WASTEFUL LANDSCAPE
IRRIGATION AND VECTOR CONTROL) TO CHAPTER
14.60 (PUBLIC NUISANCES)
That Section 14.60 .550 (Wasteful Landscape Irrigation and Vector Control) is hereby added to Chapter 14.60 (Public Nuisances) of Title 14 (Code Compliance and Remedies}, as set forth in Exhibit "H", attached hereto and incorporated herein by this reference.
SECTION 12. AMENDING SECTION 14.60.050 (TREES AND SHRUBS) OF CHAPTER 14.60 (PUBLIC NUISANCES) OF TITLE 14
(CODE COMPLIANCE AND REMEDIES)
That Section 14.60.050 (Trees and Shrubs) of Chapter 14.60 (Public Nuisances) of Title 14 (Code Compliance and Remedies) is hereby amended as set forth in Exhibit ''I", attached hereto and incorporated herein by this reference .
SECTION 13. AMENDING SECTION 14.60.070 (VEHICLE PARKING) OF TITLE 14 (CODE COMPLIANCE AND REMEDIES)
That Section 14 .60 .070 (Vehicle Parking) of Chapter 14.60 (Public Nuisances) of Title 14 (Code Compliance and Remedies) is hereby amended as set forth in Exhibit "J", attached hereto and incorporated herein by this reference .
SECTION 14. AMENDING SECTION 14.80.030 (TIME PERIOD WITHIN
WHICH TO CORRECT OR REMEDY VIOLATIONS) OF
CHAPTER 14.80 (ADMINISTRATIVE CITATION AND
APPEAL PROCEDURES) OF TITLE 14 (CODE
COMPLIANCE AND REMEDIES)
That Section 14 .80.030 (Time Period within which to Correct or Remedy Violations) of Chapter (Administrative Citation and Appeal Procedures) of Title 14 (Code Compliance and Remedies) is hereby amended as set forth in Exhibit "K", attached hereto and incorporated herein by reference .
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SECTION 15. AMENDING CHAPTER 15.27 (HISTORIC PRESERVATION PROGRAM) OF TITLE 15 (BUILDING AND
CONSTRUCTION)
That Chapter 15 .27 (Historic Preservation Program) of Title 15 (Building and Construction) is hereby amended as set forth in Exhibit "L", attached hereto and incorporated herein by this reference .
SECTION 16. AMENDING SECTION 16.12.080 (EXPIRATION) OF
CHAPTER 16.12 (TENTATIVE MAPS) OF TITLE 16
(SUBDIVISIONS)
That Section 16.12.080 (Expiration) of Chapter 16.12 (Tentative Maps) of Title 16 (Subdivisions) of the Rancho Mirage Municipal Code is hereby amended as set forth in Exhibit "M", attached hereto and incorporated herein by this reference.
SECTION 17. AMENDMENT TO TITLE 17 (ZONING), AMENDING:
SECTIONS 17.08.012 (ALLOWABLE RESIDENTIAL ZONE
USES, PERMIT REQUIREMENTS AND PROJECT REVIEW
AUTHORITY) & 17.08.020 (RESIDENTIAL DISTRICTS
GENERAL DEVELOPMENT STANDARDS) OF CHAPTER
17.08 (RESIDENTIAL DISTRICTS); SECTION 17.20.110
(OUTDOOR STORAGE) OF CHAPTER 17 .20 (GENERAL
PROPERTY AND USE STANDARDS); SECTION 17.30.030
(ANIMAL KEEPING) OF CHAPTER 17.30 (STANDARDS
FOR SPECIFIC LAND USES); SECTION 17.34.010
(INTRODUCTION) OF DIVISION IV (PERMITS AND
REVIEW) OF CHAPTER 17.34 (INTRODUCTION); AND
SECTION 17 .68.060 (EXPIRATION) OF CHAPTER 17 .68
(PERMIT IMPLEMENTATION, TIME LIMITS, AND
EXTENSIONS)
That Title 17 (Zoning) is hereby amended, amending Chapter 17.08 (Residential Districts) -Section 17 .08.012 (Allowable Residential Zone Uses, Permit Requirements and Project Review Authority) and 17 .08.020 (Residential Districts General Development Standards); Section 17 .20.11 O (Outdoor Storage) of Chapter 17.20 (General Property and Use Standards); Section 17.30 .030 (Animal Keeping) of Chapter 17 .30 (Standards for Specific Land Uses); Section 17 .34.010 (Introduction) of Division IV (Permits and Review) of Chapter 17.34 (Introduction); and Sections 17.68.060 (Expiration) of Chapter
17.68 (Permit Implementation, Time Limits, And Extensions); of the Rancho Mirage Municipal Code, as set forth in Exhibit "N", attached hereto and incorporated herein by this reference.
SECTION 18. EFFECTIVE DATE
That this Ordinance shall take effect thirty (30) days after its adoption. 6 2-7
SECTION 19. 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 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 20. SEVERABILITY
That if any provision, section, paragraph, sentence or word of this Ordinance or any portion of the administrative record for the Proposed Project 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 as hereby adopted shall remain in full force and effect.
SECTION 21. CERTIFICATION
That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.
SECTION 22. REPEAL OF CONFLICTING PROVISIONS
That all provisions of any ordinance and/or Municipal Code in effect prior to the effective date of this Ordinance as adopted by the City Council that are in conflict with the provisions of this Ordinance, are hereby repealed .
SECTION 23. AMENDING OF BAIL SCHEDULE
That the City Attorney's Office is hereby directed to determine whether this Ordinance necessitates amendment of the City's Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside.
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The foregoing Ordinance was approved and adopted at a meeting of the City Council held on July 18, 2024 by the following vote :
AYES :
NOES:
ABSENT:
ABSTAIN:
Steve Downs, Mayor
ATTEST:
Kristie Ramos, City Clerk
APPROVED AS TO FORM:
Colin D. Kirkpatrick, City Attorney
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EXHIBIT "A"
AMENDING SECTION 5.04.290 (ENFORCEMENT) OF
CHAPTER 5.04 (BUSINESS LICENSES AND FEES GENERALLY)
OF TITLE 5 (BUSINESS TAXES, LICENSES AND REGULATIONS)
(SEE ATTACHED)
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5.04.290 Enforcement.
The chief of police.1. and all police officers, and all code compliance officers, are appointed inspectors of licenses to examine all places of business and persons liable to procure a license, to see that such licenses are taken out, and to see that all regulatory provisions of this title are enforced; and shall have the right to enter free of charge at any time any place of business to which a license has been procured for the current term by any person engaged or employed in the transaction of such business to ascertain that the required licenses have been procured; and to enforce and perform all of the regulatory provisions of this title.
(Ord. 30 § 25, 1973)
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