The purpose of this chapter is to preserve the security of existing
gated communities by regulating vehicular access to such communities
while homes are being constructed within them.
(Ord. 815 Exh. A (part))
This chapter shall only apply to development in existing gated
communities where vehicular access to the construction site is to
be provided at a location other than a gate controlled by a guard
or automated security device used by the existing residents to enter
the community.
(Ord. 815 Exh. A (part))
The words, terms, and phrases used in this chapter shall be
defined as follows:
means the city of Rancho Mirage community development director,
or their designee.
means any construction activity or alteration of the landscape,
its terrain contour or vegetation, including the erection or alteration
of structures.
means a residential development vehicular access to which
is restricted by a guard or an automated security device where at
least one home is occupied as a residence. This term does not include
a development that is intended to provide restricted access at some
future date, but is not presently providing restricted access; provided,
that the person constructing the development notices home buyers within
the development in writing that the security gates may not be put
into service until a later date.
means any natural person or any association, firm, individual,
partnership, joint stock company, joint venture, trust, corporation,
limited liability company or other legally recognized entity, private
or public.
(Ord. 815 Exh. A (part))
It shall be unlawful for any person to engage in any development
activity within an existing gated community without obtaining a gated
community security maintenance plan approved by the director. For
the purposes of this section, activity occurs "within" an existing
gated community if there are existing, unrestricted means of vehicular
access between the site of the development activity and an existing
gated community.
(Ord. 815 Exh. A (part))
A.
A proposed
gated community security maintenance plan shall be submitted to the
director for the directors review. At the time the plan is submitted
to the director, the person submitting the plan shall provide evidence
that the plan has been provided to each homeowner association having
responsibility for maintaining security within the existing gated
community, and that each homeowner association has been advised that
it has ten days to submit any comments or objections to the plan it
may have to the director.
B.
The
director may only approve a proposed gated community security maintenance
plan, if the director determines that the measures to be taken under
the plan will restrict vehicular access to the existing gated community
in a manner that meets or exceeds the level of security being provided
at the time the plan is submitted for approval. The director shall
render his decision on a proposed gated community security maintenance
plan no sooner than ten calendar days after it is submitted.
C.
All
decisions made by the director in exercising the authority given in
this chapter shall be final.
(Ord. 815 Exh. A (part))
The fee for the review and approval of a gated community security
maintenance plan shall be established by resolution of the city council
and shall be calculated so as to recover no more than the cost of
administering the program established in that chapter.
(Ord. 815 Exh. A (part))
A.
The
failure to comply with the requirement of this chapter and the provisions
of an approved gated community security maintenance plan is a misdemeanor
and may be enforced pursuant to the provisions of Section 1.08.010
of this code.
B.
In
addition, such violations may be enforced by a civil action brought
by the city attorney seeking injunctive relief.
C.
The
remedies provided in this chapter are cumulative, and in addition
to any other remedies available at law or in equity.
(Ord. 815 Exh. A (part))
