City of Rancho Mirage, CA Chapter 17.30 STANDARDS FOR SPECIFIC LAND USES

§ 17.30.010 Purpose.

This chapter provides site planning and development standards for land uses that are allowed by Division II (Zoning Districts) in individual or multiple zoning districts, and for activities that require special standards to mitigate their potential adverse impacts.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.30.020 Applicability.

Land uses and activities covered by this chapter shall comply with the provisions of the sections applicable to the specific use, in addition to all other applicable provisions of this title.

A. Where Allowed. The uses that are subject to the standards in this chapter shall be located in compliance with the requirements of Division II (Zoning Districts).

B. Land Use Permit Requirements. The uses that are subject to the standards in this chapter shall be authorized by the land use permit or approval required by Division II (Zoning Districts), except where a land use permit or approval requirement is established by this chapter for a specific use.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.30.030 Animal keeping.

This section provides location, developmental, and operational standards that are intended to ensure that the raising and maintenance of domestic animals does not create adverse impacts on adjacent properties by reason of bright lights, dust, fumes, insect infestations, noise, odor, or visual blight.

A. Household Pets. Animals and fowl commonly considered as household pets may be kept as an accessory use of residential property; provided, the animals and fowl are kept in a humane and sanitary manner and in compliance with the provisions of this section.

B. Dogs and Cats. Not more than three dogs or three cats, or any combination of three dogs and cats, over the age of ninety days shall be kept or maintained at any one place of residence, as designated by a single street address number in the city.

C. A conditional use permit shall be required for animal keeping as defined by the Municipal Code, as determined by the director.

1. Keeping of Horses. The following regulations are established for the keeping of horses:

•	All parcels shall have a minimum of one net acre for the keeping of horses. The director may consider an application for the keeping of one horse on parcels less than one net acre, but no less than three-fourths net acre, upon the applicant obtaining written permission of all adjoining property owners and in compliance with this section;
•	The following acreage and numbers of horses are the maximum allowable:

Table 3-14 Maximum Number of Horses Allowed
Acreage	Maximum Allowed
1—2 net acres	3

2. A horse corral or barn shall be kept no closer than twenty-five feet to an adjacent property line;

3. All horses shall be provided with adequate fenced enclosures, to contain them within the boundaries of the owner's property; and

4. An application for the keeping of horses shall contain a detailed description outlining the proposed method(s) of controlling dust, insects, odors, sanitation, and other considerations.

(Ord. 777 § 1 (Exh. A), 2002; Ord. 1065 § 2, 2013; Ord. 1219, 7/18/2024)

§ 17.30.040 Assisted living facilities.

This section provides locational, developmental, and operational standards for senior assisted living facilities, in compliance with state law and in a manner that recognizes the needs of senior care operators and minimizes negative impacts on adjoining properties. The establishment of a senior assisted living facility is allowed in the R-H and O zoning districts, subject to approval of a development plan permit and in the R-M and M-U zoning districts subject to approval of a conditional use permit, and the following criteria and standards:

A. Parking Requirements.

1. The operator of an assisted living facility shall provide an area for off-street parking at a minimum ratio of 0.5 spaces for each dwelling unit.

a. Up to twenty percent of these spaces may be shown on the site plan, landscaped, but not installed. Future installation of these spaces shall be secured for a period of five years with a financial deposit to the city.

b. A specially dimensioned parking space for an enlarged shuttle van may also be required.

2. It shall be demonstrated that traffic generation is comparable to or less than that which would be generated by other allowed uses in the same zoning district.

B. Density.

1. The maximum density of the underlying zoning district shall not apply. Instead, it shall be demonstrated that structure mass and scale and traffic generation rates shall be less than or comparable to other allowed uses in the same zoning district.

2. Maximum parcel coverage shall be thirty percent in residential zoning districts and thirty-five percent in nonresidential zoning districts.

C. Structure Height Limits.

1. Up to sixty percent of the structure footprint may be up to two stories in height. Second story elements shall be in compliance with Chapter 17.20 (General Property Development and Use Standards).

2. Assisted living facilities shall not exceed two stories in height.

D. Dwelling Unit Size.

1. The minimum dwelling unit size shall be four hundred square feet for a studio and five hundred square feet for a one-bedroom unit. Up to twenty-five square feet of the patio or balcony space may count towards the minimum unit size.

2. Minimum room sizes shall be in compliance with Section 17.30.110 (Minimum dwelling room size standards).

E. Site Design.

1. The exterior of all resident windows shall be architecturally treated. Special consideration shall be given to solar protection with roof and/or window overhangs, awnings (either fixed or adjustable), architectural protrusions, or attachments.

2. A covered pick-up/drop off lane immediately adjacent to the main entrance shall be provided. The minimum length (stacking distance) for this lane shall be calculated by multiplying the number of dwelling units by 0.5 which converts to the number of feet required for the minimum length of the pick-up/drop off lane.

F. Common Area Space.

1. Dwelling units shall be no further than one hundred fifty horizontal feet from the dining area.

2. Hand rails shall be consistent with ADA standards.

3. Skylights and windows shall be required where feasible in interior hallways.

4. All second story units shall be accessible by elevator.

5. All elevators shall be large enough for a gurney.

G. Interior of Individual Dwelling Units.

1. All dwelling units shall have at least two alarm/call buttons connected to a twenty-four-hour staffed administrative desk or lifeline emergency response system. One call button shall be located in the bathroom.

2. All independent living and assisted care units shall include a private or semi-private patio or balcony of sufficient size to accommodate a chair and a small table.

3. The windows in dwelling units shall have low sill heights to allow residents in bed or seated to see outside.

4. To enlarge the apparent space in independent living and assisted care units, where possible interior ceiling heights (excluding bathrooms, closets, and hallways) shall be eight feet tall or more.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.30.050 Bed and breakfast establishments.

This section provides locational, developmental, and operational standards for the development and operation of bed and breakfast establishments.

A. Bed and breakfast (B&B) establishments are allowed in the M-U zoning districts subject to the approval of a conditional use permit. B&B establishments shall be developed and operated in compliance with the following standards.

B. The parcel upon which the B&B establishment is to be developed and operated shall conform to all standards of the M-U zoning district.

C. Meal service shall be limited to the provision of meals for registered guests only.

D. There shall be no additional food preparation areas for the guests.

E. Receptions, private parties, or activities, for which a fee is paid or which is allowable as a condition of room rental, shall not be allowed.

F. A current city business license shall be maintained and displayed in compliance with Municipal Code Chapter 5.04 (Business Licenses and Fees Generally).

G. All B&Bs shall be subject to the city's transient occupancy tax in compliance with Municipal Code Chapter 3.24 (Transient Occupancy Tax).

H. Off-street parking shall be provided at a ratio of one space for each bedroom available for rent in addition to the parking required for the main dwelling unit. This parking shall not be located within the required front setback.

I. Signs shall be limited to one on-site sign not to exceed three square feet in area and shall be installed and maintained in compliance with Chapter 17.28 (Signs). In the event of alley access to a guest parking area, a second sign, not to exceed two square feet in area, may be approved by the director in order to identify the parking area.

J. The B&B shall meet all of the requirements of the fire department.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.30.060 Child day care facilities.

This section provides definitions and applicability provisions for small family day care homes, large family day care homes, and child day care centers as well as locational, developmental, and operational standards for child day care centers, in compliance with state law and in a manner that recognizes the needs of child care operators and minimizes negative impacts on adjoining properties. These standards apply in addition to the other provisions of this title and the requirements of the California Department of Social Services. Licensing by the Department of Social Services is required for all child day care facilities identified in this section.

The establishment of a child day care facility shall comply with Division II (Zoning Districts), and the following criteria and standards.

A. Applicability. Child day care facilities shall be allowed as follows:

1. Small Family Day Care Homes (Eight or Fewer Children). Allowed within a single-family residence located in a residential district, and the M-U zoning district;

2. Large Family Day Care Homes (Nine to Fourteen Children). Allowed within a single-family residence located in a residential zoning district (except R-HR), commercial zoning districts, and the M-U, I-L, and P zoning districts, subject to approval of a development plan permit, in compliance with Chapter 17.42; and

3. Child Day Care Centers (Up to Thirty Children). Allowed in commercial zoning districts, I-L, and P zoning districts, subject to approval of a conditional use permit, in compliance with Chapter 17.48, and the standards identified in subsection B, immediately below.

B. Standards for Child Day Care Centers. The following standards shall apply to child day care centers which are designed to provide care for up to thirty children.

1. The minimum parcel size for a child day care center shall be ten thousand square feet.

2. Off-street parking shall be as determined through the granting of the required permit or approval.

3. A safe area for picking up and dropping off children and a vehicle stacking area, if required, shall be provided. This activity shall only be allowed in a driveway, in an approved parking area, or in an area with direct access to the facility.

4. The minimum separation between the main assembly building of the center and the nearest residential dwelling unit or zoning district shall be three hundred feet.

5. No residential property shall be bordered on more than one side by a child day-care facility.

6. A six-foot high solid decorative fence or wall shall be constructed on all property lines, except in the front yard or within a traffic safety sight area. Fences or walls shall provide for safety with controlled points of entry. A minimum three-foot wide landscaped area shall be provided adjacent to the fence or wall and shall include a dense hedge of evergreen shrubs a minimum of four feet in height at the time of planting.

7. No swimming pool/spa shall be installed, due to high risk and human safety considerations. Additionally, no existing pool/spa shall remain on the parcel, unless determined by the director that adequate, secure separation exists between the pool/spa and the facilities used by the children.

8. The facility shall be provided with indoor play areas in compliance with state requirements. Separate and clearly defined play and activity areas shall be provided for each age group (e.g., infant, toddler, preschool and school age children).

9. An outdoor play area of not less than seventy-five square feet per child, but in no case less than four hundred fifty square feet in area exclusive of the required front yard setback, shall be provided. The outdoor play area shall be located in the rear yard. Stationary play equipment shall not be located in required front and side yards.

10. All on-site lighting shall be energy efficient, shielded, stationary, directed away from adjoining properties and public rights-of-way and of an intensity compatible with the surrounding neighborhood.

11. All on-site signs shall be in compliance with Chapter 17.28 (Signs).

12. The facility shall contain a fire extinguisher and smoke detector devices and comply with all standards established by the city fire department.

13. Potential noise sources shall be identified during the permit application or approval process, and noise attenuation and sound dampening shall be addressed. Noise levels shall be in compliance with the most recent guidelines of the noise element of the general plan and Municipal Code Chapter 8.45 (Noise).

14. In order to protect adjacent residential dwellings from noise impacts, a facility within any residential zoning district may only operate up to fourteen hours per day between the hours of 6:00 a.m. and 8:00 p.m. and may only conduct outdoor activities between the hours of 7:00 a.m. and 7:00 p.m.

C. Alternative Standards. Alternatives to the standards of this section may be authorized through approval of a conditional use permit in compliance with Chapter 17.48 if the commission determines that:

1. The intent of these standards would be met; and

2. There would be no negative impact to surrounding properties or residents.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.30.070 Golf courses and related facilities.

This section provides locational, developmental, and operational standards for golf course developments which are subject to development plan permit review in compliance with Chapter 17.42.

A. State-of-the-art water conservation techniques shall be incorporated into the design and irrigation of the golf course;

B. Treated effluent shall be used for irrigation where available;

C. Perimeter walls or fences shall provide a viewshed window design along all public rights-of-way, incorporating a mix of walls and wrought iron fencing or equivalent treatment; and

D. All accessory facilities including club houses, maintenance buildings, and half-way houses shall be designed and located to ensure compatibility and harmony with the golf course setting and surrounding uses.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.30.080 Hillside development.

This section provides for requests for development in the measure V area, as designated on the general plan and zoning map, which are subject to the approval of a development plan permit in compliance with Chapter 17.42, and which shall comply with the following:

A. The department shall evaluate and quantify the impacts of development on habitat for review by California Department of Fish and Game, United States Fish and Wildlife Service, and other appropriate entities (e.g., Bighorn Sheep Institute);

B. Development in the R-HR zoning district shall be restricted in the following manner:

1. Development shall be restricted to areas with natural slopes of ten percent or less in steepness.

a. The minimum buildable site area: ten thousand square feet; and

b. The maximum buildable site area: one acre.

2. Natural slopes in excess of twenty-five percent shall remain undisturbed;

3. Proposed development shall be compatible with surrounding land uses and shall respect the natural topography;

4. Existing and newly disturbed areas not proposed for development shall be contour graded, renaturalized, and revegetated. The city shall require appropriate mechanisms with project approval to ensure mitigation;

5. In the Santa Rosa Mountains, proposed hillside development shall not be visible from the valley floor and shall utilize low lighting levels to avoid glare in the mountain areas;

6. The availability of and proximity to public services and utilities shall be established;

7. All public services and utilities shall be placed underground and sized to serve the proposed development only;

8. Hillside areas with naturally occurring steep slopes of twenty-five percent or greater shall not be disturbed to provide vehicular access;

9. Access roads serving hillside development shall not exceed fifteen percent grade on any portion of the road;

10. Due to the fire hazard of hilly areas with slopes of ten percent or more, access problems, lack of water, and excessively dry brush, adequate on-site fire protection measures shall be provided. These could include a fuel modification program, an on-site water storage system, or any other provision deemed necessary during project review; and

11. An eight-foot-high chain link fence or equivalent barrier to exclude the big horn sheep from developed areas shall be installed.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.30.090 Hotel standards.

This section provides the following developmental standards for hotels.

A. Accessory Uses. Accessory uses, including barber shops, beauty salons, candy, coffee, florist, and gift shops, health facilities, newsstands, and restaurants, may be located within a hotel; provided, the following standards are met:

1. There are no entrances directly from the street; and

2. The hotel is of sufficient size that the patronage of these businesses may be expected to be furnished substantially by the guests of the hotel.

B. Minimum Hotel Dwelling Area Standards. The minimum dwelling area requirements for hotels shall be three hundred fifty square feet, with at least one full bathroom.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.30.095 Condo-hotel projects.

A. Development Standards. The development standards applicable to resort hotels shall apply to all condo-hotel projects, unless otherwise provided in this chapter or pursuant to a development agreement.

B. Conversions. No existing hotel room or existing hotel facility or structure shall be converted to condo-hotel status unless otherwise permitted pursuant to a development agreement.

C. Owner and Occupancy Restrictions. The following occupancy restrictions shall apply to all condo-hotel projects:

1. The number of units of a condo-hotel project that may be condo-hotel units shall be limited to no more than ten percent of the project's total sum of condo-hotel units and hotel rooms combined unless otherwise permitted pursuant to a development agreement.

2. Each owner of a condo-hotel unit and each individual fractional owner of a condo-hotel unit shall be limited to using or occupying any given unit owned by said owner for no more than twenty-seven days per calendar year unless otherwise permitted pursuant to a development agreement. Owners may assign their use and occupancy rights to a third party subject to the city's transient occupancy tax regulations unless otherwise provided pursuant to a development agreement.

3. Outside the owner occupancy periods, a condo-hotel unit shall be made available for transient occupancy purposes for no more than twenty-seven consecutive days by any given transient.

D. Collection of Transient Occupancy Taxes. The following provisions shall apply to all condo-hotel projects:

1.

a. Each owner of a condo-hotel unit shall enter into an agreement with a professional hotel management entity/company which, at a minimum, provides that the management entity/company will collect all transient occupancy taxes required on rentals of that owner's unit, outside the owner occupancy periods, whether or not such rentals are handled by said management entity/company. The management entity/company shall then be responsible for forwarding transient occupancy taxes to the city in accordance with the city's transient occupancy tax regulations.

b. Any condo-hotel units owned, in whole or in part by the parent hotel or professional management entity/company shall be made available for rent for transient occupancy for no more than twenty-seven consecutive days by any given transient, at all times regardless of whether the hotel or management entity/company would otherwise have occupancy rights as an owner under this section.

2. The professional management entity/company designated to collect transient occupancy taxes pursuant to this section must have at least five consecutive years of experience, meeting the First Class Hotel Standards and having no fewer than ten other properties (in separate cities, or distinct and separate projects in any given city, nationally or internationally) under current management unless otherwise provided pursuant to a development agreement.

(Ord. 932 § 7, 2006)

§ 17.30.100 Minimum dwelling size standards.

This section provides the following minimum developmental standards for dwelling areas which are computed by calculating the living area as measured on the outside of walls and excludes garages, carports, and exterior courtyards.

A. The minimum area requirements for the R-E, R-(L, L-3, M, and H), and M-U zoning districts are as follows:

TABLE 3-15
SINGLE-FAMILY DETACHED UNITS
LIVABLE AREA IN SQ. FT.	BEDROOMS MAX. No	BATHS MIN. No
1,400	2	1 1/2
1,700	3 or 2 bedrooms and den	1 3/4
1,900	4	2

ATTACHED UNITS IN PLANNED RESIDENTIAL DEVELOPMENTS
LIVABLE AREA IN SQ. FT.	BEDROOMS MAX. No	BATHS MIN No
1,000	1	1
1,250	2	1 1/2
1,650	3	2

B. The minimum area requirements for apartments in the R-(M and H) and M-U zoning districts are as follows:

MINIMUM AREA REQUIREMENTS FOR APARTMENTS IN THE R-M, R-H AND M-U ZONING DISTRICTS
LIVABLE AREA IN SQ. FT.	BEDROOMS MAX. No	BATHS MIN No
850	1	1
900	2	1 1/2
1,000	3	1 3/4
1,200	4	2

C. The minimum area requirements for affordable housing projects in all zoning districts are as follows:

TABLE 3-16
MINIMUM AREA REQUIREMENTS FOR AFFORDABLE HOUSING IN ALL ZONING DISTRICTS
USE	LIVABLE AREA IN SQ. FT.		BEDROOMS MAX. NUMBER	BATHS MIN. NUMBER
Single Family Detached		SENIOR HOUSING 950	1	1
	1,200	1,050	2	1 1/2
	1,500	1,200	3 or 2 + den	1 3/4
	1,700	N/A	4	2
Attached Units in a Planned Unit Development	850		1	1
	1,100		2	1 3/4
	1,400		3	2

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.30.110 Minimum dwelling unit room size standards.

This section provides minimum room size developmental standards which are as follows:

TABLE 3-17
MINIMUM DWELLING ROOM SIZE STANDARDS
ROOM	MINIMUM AREA IN SQ. FT.
Garage	400
Bedroom	140*
Full bath (tub, toilet and lavatory)	50
Three-quarter bath (stall shower, toilet lavatory)	40
Half bath (toilet and lavatory)	30

Notes:
*	For affordable housing, the master bedroom shall be a minimum of one hundred forty square feet and remainder bedroom(s) shall be a minimum of one hundred ten square feet.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.30.120 Mobile home and manufactured housing standards.

This section provides minimum developmental standards for manufactured or mobile homes which shall be installed in the following manner:

A. Mobile or manufactured homes may be used as single-family dwellings if the home is certified under the National Mobile Home Construction and Safety Standards Act of 1974;

B. Mobile or manufactured homes which are used as single-family residences shall be installed on an approved permanent foundation system in compliance with this title; and

C. Before the installation of any mobile or manufactured home, the director shall determine that the subject parcel together with the proposed mobile or manufactured home is compatible with surrounding development. This determination shall include an assessment of on-site design, materials, architectural aesthetics, setbacks, building height, accessory structures, access, off-street parking, minimum square footage requirements, and any other criteria, in compliance with the city's design and development standards.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.30.130 Mobile home park subdivision standards.

This section provides minimum developmental standards for mobile home park subdivisions which are subject to approval of a development plan permit in compliance with Chapter 17.42 and which shall be constructed in the following manner:

A. Individual mobile home space minimum setbacks shall be measured from the edge of internal streets and space lines as follows:

1. Front-ten feet;

2. Side-five feet; and

3. Rear-ten feet.

B. Maximum mobile home space coverage (mobile home and its accessory structure) shall be seventy-five percent;

C. Each mobile home shall be equipped with skirting, or provided with a support pad which is recessed to give the appearance of the mobile home being located on-grade;

D. All on-site utilities shall be installed underground;

E. The mobile home park shall be provided with off-street parking in compliance with Chapter 17.26 (Parking and Loading Standards;

F. A common recreation area shall contain a recreation and active outdoor recreational amenities in the park for use by all tenants and their invited guests. The area shall be provided in one common location with a minimum aggregate area of four hundred square feet of recreational space for each mobile home space;

G. All exterior boundaries of the mobile home park shall appear similar to conventional residential developments and shall be screened by a decorative wall, fence, or other comparable device six feet in height, with a minimum six-foot wide landscaped area provided along the inside of the perimeter screen; and

H. Landscaping.

1. Common open space shall be landscaped in compliance with a landscape plan approved by the applicable review authority and in a manner consistent with Chapter 17.24 (Landscaping Standards).

2. All required landscaping in each development phase shall be installed before occupancy of the mobile homes, and adequately irrigated and maintained in compliance with the approved landscaping plan as well as the provisions identified in Chapter 17.24 (Landscaping Standards).

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.30.140 Motor vehicle sales.

This section provides minimum developmental standards for new motor vehicle sales and leasing dealerships in the city which are intended to enhance and promote the prestigious residential resort image of the city and which shall result in an aesthetically pleasing visual environment that promotes and protects the natural and built scenic beauty of the community. A conditional use permit in compliance with Chapter 17.48 shall be required, and all new dealerships shall be constructed in the following manner:

A. New motor vehicle displays shall be confined to an indoor showroom and ground level outdoor display, in compliance with Section 17.30.150.C (Permanent outdoor vehicle displays), below. No other display features shall be allowed;

B. Used motor vehicle sales shall be incidental to the new motor vehicle sales and long-term new motor vehicle leasing operations on-site;

C. All motor vehicles stored outdoors shall be completely screened from public view with a combination of landscaping, trellises, and walls as appropriate, except for the allowed outdoor motor vehicle display in the landscaped front setback area. Employee and customer parking areas shall be landscaped in compliance with Chapter 17.24. (Landscaping Standards);

D. All parts, accessories, servicing, and repair work shall be located and/or occur only within a fully enclosed structure(s);

E. The storage of motor vehicles and lease inventory shall not be located between any structure and the public street frontage, except for customer and employee parking areas and the allowed outdoor motor vehicle display in the landscaped front setback area. Storage is defined as being the motor vehicle inventory for sale or lease;

F. Service and associated motor vehicle parking areas shall be completely screened from public view;

G. Night lighting for landscaping, signs, outdoor motor vehicle display in the landscaped front setback, the indoor showroom, and incidental security lighting shall be limited to the minimum necessary as determined by the director. All other lighting shall be prohibited; and

H. Off-street parking requirements shall be established during project review to adequately accommodate all on-site uses including showroom, office, parts, and service areas, as well as customer and employee parking.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.30.150 Outdoor uses (e.g. dining, display, sales, etc.).

This section provides developmental and operational standards for limited outdoor uses including nurseries limited to plants and trees and, including the prohibition of general outdoor uses and storage (subsection A), temporary outdoor display and sales (subsection B), permanent outdoor vehicle displays (subsection C), and outdoor dining and seating areas (subsection D).

A. Prohibition of General Outdoor Uses and Storage. All uses shall be conducted within a completely enclosed structure. All merchandise available for the services provided, on-or offsite, granted by the Business License issued, or to be issued, for the premises, shall be displayed, maintained, placed, or otherwise stored within an enclosed structure, with the exception of temporary outdoor displays and sales, permanent outdoor vehicle displays, and outdoor dining and seating, only as described below.

B. Temporary Outdoor Displays and Sales. Temporary outdoor displays and sales are allowed only in nonresidential zoning districts, and are subject to the approval of a temporary use permit, in compliance with Chapter 17.46 and with conditions of approval addressing the following:

1. Provision for a fixed period of time as specified by the permit or approval, or where not specified, not to exceed three days for a temporary event;

2. Regulation of nuisance factors (e.g., prevention of glare or direct illumination on adjoining parcels, dirt, dust, gases, heat, noise, odors, smoke, waste, and vibration);

3. Regulation of operating hours and days, including limitation of the duration of the temporary event, as identified in subsection A.1, above;

4. Provision for adequate temporary parking facilities, vehicular and pedestrian circulation, including vehicular ingress and egress, and public transportation, if applicable, in compliance with Chapter 17.26 (Parking and Loading Standards);

5. Submission of a performance security 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, the property would be cleaned of debris, litter, or any other evidence of the temporary event upon completion or removal of the event, and restored to the former or improved condition as deemed appropriate by the director;

6. Provision for sanitary facilities, in compliance with Municipal Code Section 5.12.120 (Sanitation facilities required);

7. Provision for security and safety measures, if applicable and as deemed appropriate by the director;

8. Appropriate setbacks shall be maintained to ensure adequate separation from adjoining land uses and a safe environment for vehicles and pedestrians;

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

10. Other conditions that would ensure the orderly and efficient operation of the proposed temporary event.

C. Permanent Outdoor Vehicle Displays. Outdoor displays for new vehicle sales shall be allowed only as follows:

1. Only golf carts or automobiles, and no other display features, shall be allowed.

2. Golf cart retail businesses shall be allowed to display a maximum of one golf cart for each forty lineal feet of public street frontage.

3. Automobile dealerships shall be allowed to display one automobile for each forty lineal feet of public street frontage.

4. The vehicles shall be displayed at ground level in the landscaped front setback area between the front street right-of-way line and a parallel line forty feet deep into the property.

5. Outdoor vehicle displays behind the forty-foot depth of frontage shall be reasonably limited in number, attractively arranged, and the displayed vehicles shall not be placed to appear crowded. The precise maximum number of displayed vehicles shall be determined through the development plan permit or conditional use permit review process.

6. All vehicle displays shall be located no closer than fifteen feet from the front and side property line(s).

D. Outdoor Dining and Seating Areas. Outdoor dining and seating areas are allowed subject to the approval of a development plan permit in compliance with Chapter 17.42, and the following standards:

1. Parking requirements shall be calculated in compliance with Chapter 17.26 (Parking and Loading Standards);

2. Outdoor dining areas shall provide adequate clean-up facilities, and associated procedures, in the following manner. Outdoor dining areas shall:

a. Be cleaned on a continual basis for removal of litter and food items which would constitute a nuisance to the public health, safety, and general welfare of the patrons and the community, and

b. Contain waste receptacles for use by the public and/or restaurant employees;

3. The following standards are intended to ensure compatibility with surrounding uses and a high standard of quality.

a. Outdoor dining and seating areas:

i. And associated structural elements, awnings, covers, furniture, umbrellas or other physical elements that are visible from public rights-of-way, shall be compatible with the character of the main structure(s),

ii. That provide entertainment, or amplified music may require the preparation of a noise analysis with appropriate mitigation measures, including limit hours of operation, and

iii. Shall not obstruct vehicular or pedestrian traffic flow and not necessitate the removal of existing vehicular or pedestrian movement areas,

b. The use of awnings, plants, umbrellas, and other human-scale elements is encouraged to enhance the pedestrian experience,

c. Outdoor dining and seating areas and their relation to churches or other recognized religious organizations, hospitals, public schools, and residential uses shall be considered by the commission. Proper mitigation measures shall be applied to eliminate potential impacts related to glare, light, loitering, noise, and odor, and

d. Outdoor dining and seating areas shall be set back a minimum of five feet from property lines or parking lots.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.30.160 Private cemeteries.

This section provides minimum developmental standards for private cemeteries which are subject to discretionary director review for compliance with the following criteria:

A. Private cemeteries shall be limited to the maximum interment of five family members on a parcel fifty acres or larger in size;

B. A plan shall be submitted showing the cemetery's location on the property;

C. Private cemeteries shall conform to all of the setback regulations for the applicable zoning district and shall not be visible from public streets;

D. Applicants requesting approval for a private cemetery shall submit evidence of its perpetual maintenance; and

E. The construction of a mausoleum or columbarium shall require the issuance of a building permit and in compliance with the Uniform Building Code.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.30.170 Recreational vehicle storage facilities.

This section provides minimum developmental standards for recreational vehicle storage facilities proposed for planned residential developments which shall be reviewed as part of the development plan permit in compliance with Chapter 17.42, and which shall be constructed in the following manner:

A. Individual storage spaces shall measure not less than twelve feet by thirty feet, and shall have direct access to a driveway with a minimum paved width of twenty-five feet;

B. Storage areas shall be paved and properly drained; and

C. Storage areas shall be completely screened from exterior view by a combination of landscaping, masonry walls, fences, or other comparable screening devices six feet in height and subject to the approval of the director.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.30.180 Recycling facilities.

This section provides locational, developmental, and operational standards for the establishment of various types and sizes of commercial recycling facilities, in compliance with Division II (Zoning Districts). Recycling facilities shall comply with the following standards:

A. Reverse Vending Machines. Reverse vending machines are allowed in the C-N, C-G, C-C, and I-L zoning districts, subject to the approval of a development plan permit in compliance with Chapter 17.42, and shall comply with the following standards:

1. Accessory Use Only. The machines shall be installed as an accessory use in compliance with the applicable provisions of this title, and shall not require additional parking;

2. Location Requirements. If located outside of a structure, the machines shall not occupy required parking spaces, and shall be constructed of durable waterproof and rustproof materials;

3. Maximum Size. When located outdoors, the area occupied by the machines shall not exceed fifty square feet, including any protective enclosure, nor eight feet in height;

4. Signs. Signs shall not exceed a maximum area of four square feet for each machine, exclusive of operating instructions;

5. Hours of Operation. The machines shall have operating hours which are consistent with the operating hours of the main use; and

6. Lighting. The machines shall be illuminated when needed to ensure comfortable and safe operation, in compliance with Section 17.18.050 (Exterior glare, heat, and light).

B. Small Collection Facilities. Small collection facilities are allowed in the C-N, C-G, C-C, and I-L zoning districts, subject to approval of a development plan permit in compliance with Chapter 17.42, and shall comply with the following standards:

1. Location Requirements. Small collection facilities shall:

a. Not be located within fifty feet of any parcel zoned or occupied for residential use; and

b. Be set back at least ten feet from any public right-of-way, and not obstruct vehicular or pedestrian circulation.

2. Maximum Size. A small collection facility shall not occupy more than three hundred fifty square feet nor three parking spaces, not including space that would be periodically needed for the removal of materials or exchange of containers;

3. Appearance of Facility. Collection containers and site fencing shall be of a color and design that is compatible and harmonious with the surrounding uses and neighborhoods;

4. Operating Standards. Small collection facilities shall:

a. Not use power-driven processing equipment, except for reverse vending machines;

b. Accept only glass, metal or plastic containers, paper, and reusable items; and

c. Use containers that are constructed with durable waterproof and rustproof material(s), secured from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule.

5. Signs. Signs may be provided as follows:

a. Identification signs are allowed with a maximum area of fifteen percent for each side of the structure or twelve square feet, whichever is greater. In the case of a wheeled facility, the side shall be measured from the ground to the top of the container;

b. Signs shall be both compatible and harmonious with the character of their location; and

c. Directional signs, consistent with Chapter 17.28 (Signs) may be approved by the director if found necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way.

6. Parking Requirements.

a. Additional parking space shall not be required for customers of a small collection facility located in the established parking lot of the main use. One space shall be provided for the attendant, if needed.

b. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present.

c. Use of parking spaces by the patrons and the attendant shall not reduce available parking spaces below the minimum number required for the main use.

C. Large Collection Facilities. Large collection facilities are allowed in the I-L zoning district, subject to the approval of a conditional use permit in compliance with Chapter 17.48. A collection facility that is larger than three hundred fifty square feet, or on a separate parcel not accessory to a main use, shall comply with the following standards:

1. Location Requirements. The facility shall not adjoin a parcel within a residential zoning district;

2. Container Location. Any containers provided for after hours donation of recyclable materials shall be permanently located at least one hundred feet from any residential zoning district, constructed of sturdy, rustproof material(s), have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of materials;

3. Screening. The facility shall be screened from public rights-of-way, by solid masonry walls or located within an enclosed structure;

4. Maximum Size. A large collection facility shall not exceed fifteen thousand square feet of combined floor and ground area;

5. Setbacks and Landscaping. Structure setbacks and landscaping shall be provided as required for the applicable zoning district;

6. Outdoor Storage. Exterior storage of material shall be in sturdy containers that are secured and maintained in good condition. Storage, excluding truck trailers, shall not be visible above the height of the required solid masonry walls; and

7. Operating Standards.

a. The site shall be maintained clean, sanitary, and free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis,

b. Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable on adjoining parcels.

D. Processing Facilities. Processing facilities are allowed in the I-L zoning district, subject to the approval of a conditional use permit in compliance with Chapter 17.48, and shall comply with the following standards:

1. Location Requirements. The facility shall not adjoin a parcel within a residential zoning district;

2. Limitation on Use. Processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding, and sorting of source-separated recyclable materials and repairing of reusable materials;

3. Maximum Size. A processing facility shall not exceed forty-five thousand square feet of combined floor and ground area, may have up to an average of two outbound truck shipments of material each day, and shall not bale, compact, or shred ferrous metals, other than beverage and food containers;

4. Container Location. Containers provided for after hours donation of recyclable materials shall be permanently located at least one hundred feet from any residential zoning district, constructed of sturdy, rustproof materials, have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of the materials;

5. Screening. The facility shall be screened from public rights-of-way, by solid masonry walls or located within an enclosed structure;

6. Outdoor Storage. Exterior storage of material shall be in sturdy containers or enclosures that are secured and maintained in good condition. Storage, excluding truck trailers, shall not be visible above the height of the required solid masonry walls; and

7. Operating Standards. Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable on adjoining parcels.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.30.190 Accessory uses and structures.

This section provides minimum developmental standards for accessory uses and structures which are allowed in a zoning district by Division II (Zoning Districts), which may be subject to a development plan permit by the director, in compliance with Chapter 17.42, and which shall comply with the following criteria and standards. Accessory dwelling units are instead subject to the provisions of Section 17.30.200 (Accessory dwelling units).

A. Relationship of Accessory Use or Structure to the Main Use. Accessory uses and structures shall be incidental to and not alter the main use or character of the site.

B. Timing of Installation. An accessory structure may only be constructed on a parcel having a main structure on the property.

C. Building Code. The location of all accessory structures shall comply with all applicable building code standards.

D. Location.

1. A structure greater than six feet in height above finished grade and attached to a main structure shall comply with the requirements for the main structure.

2. A detached accessory structure shall not be located closer than eight feet to a main structure or closer than three feet to any other accessory structure on the same property or as otherwise specified in this code.

3. An accessory structure six feet or more in height shall not be located within a side setback and shall be located no closer than ten feet from the rear property line. An accessory structure less than six feet in height shall have no side or rear setback requirement, provided it is screened from neighboring views with a solid fence or wall that is six feet high.

4. A detached deck or patio greater than twelve inches in height measured from finished grade shall not be constructed in required setback areas unless approval is first obtained from the director.

5. An accessory structure shall not be located in a required front setback, except that decorative garden structures (e.g., small trellis or archway) shall be allowed.

6. Accessory structures may occupy up to a maximum of fifteen percent of a required side setback area and up to a maximum of twenty-five percent of a required rear setback area.

E. Maximum Number of Accessory Structures. A maximum of two accessory structures over eight feet in height shall be allowed on any property.

F. Height Limitations.

1. The height of an accessory structure attached to the primary dwelling unit shall comply with the base zoning and setback requirements.

2. The height of a detached accessory structure regardless of whether or not it is fully or partially enclosed, shall not exceed twelve feet unless approval is first obtained from the director. In cases where detached accessory structures first obtain written approval from the director, said detached accessory structure(s) shall be set back a minimum of ten feet from a side or rear property line, plus provide an additional 2:1 setback for each vertical foot in height up to a maximum of sixteen feet.

3. An accessory structure located within a required rear and/or side yard setback shall not exceed six feet in height if closer than ten feet from the rear property line.

4. An accessory structure that is primarily a narrow, vertical element (e.g., flag pole, ham radio antenna, etc.) may be allowed to exceed the twelve-foot height limit no closer than fifteen feet from the front or rear property lines, provided, approval is first obtained from the director.

G. Coverage and Size Limitations.

1. The aggregate site coverage of accessory structures in residential zoning districts shall not exceed thirty percent of the habitable floor area of the main dwelling.

2. The aggregate site coverage for all structures on a parcel shall not exceed the maximum allowed in the applicable zoning district prescribed in Division II.

H. Rooftop Decks. Decks, viewing platforms, or balconies located upon the roof of a building or above the ground level of a building shall be prohibited unless otherwise included in a development plan or specific plan as approved by the city council.

(Ord. 777 § 1 (Exh. A), 2002; Ord. 1027 § 2, 2011; Ord. 1066 § 2, 2013; (Ord. 1148 § 5, 2019; Ord. 1159 § 2, 2019)

§ 17.30.195 Guest/employee quarters.

Guest/employee quarters may be allowed in the R-E, R-L-2, R-L-3 and R-M zoning districts and shall be constructed in the following manner:

A. All guest/employee quarters shall conform to all development standards (e.g., setbacks, etc.) of the applicable residential zoning district;

B. There shall be no more than one guest/employee quarters or accessory dwelling unit on any parcel under two acres in size, in compliance with Section 17.30.200 (Accessory dwelling units);

C. There shall be no more than two guest/employee quarters, or one guest/employee quarter and one accessory dwelling unit on any parcel two acres in size and larger. On parcels having a minimum of one hundred acres a maximum of four guest/employee quarters or three guest/employee quarters and one accessory dwelling unit shall be allowed. The guest/employee quarters shall be limited in size to thirty percent of the aggregate living area of the main dwelling;

D. Detached guest/employee quarters shall not exceed a height of one story and twelve feet and shall be set back a minimum of ten feet from any interior side lot line and at least fifteen feet from the rear property line and street side lot line. In cases where detached accessory structures first obtain written approval from the director, said detached accessory structure(s) may provide an additional 2:1 setback for each vertical foot in height up to a maximum of sixteen feet. If the unit is detached it shall not exceed the height of the main dwelling unit unless approved by the commission in compliance with Section 17.20.100(A) (Maximum height of structures);

E. Guest/employee quarters shall be used only by the occupants of the main structure, their nonpaying guests or persons permanently employed on the premises. The guest/employee quarters shall not be rented; and

F. The guest/employee quarters shall not be metered separately from the main dwelling for gas, electricity, and water/sewer services.

(Ord. 777 § 1 (Exh. A), 2002; Ord. 1027 § 2, 2011; Ord. 1148 § 5, 2019)

§ 17.30.200 Accessory dwelling units.

A. Purpose and Intent.

1. The purpose and intent of accessory dwelling units is to help address home supply and affordability in California.

2. The purpose and intent of these regulations is to create certain standards, consistent with state law, for the development of accessory dwelling units on lots developed with single-family dwellings.

B. Applicability. The provisions of this chapter apply to all lots that are occupied or proposed to be occupied with a single-family dwelling unit and which are zoned residential. Accessory dwelling units shall not be counted as separate and/or additional units for the purposes of density calculations.

C. Development Standards.

1. Accessory Dwelling Units Within Existing Space. The city will ministerially approve an application to create within a single-family residential zone, one ADU per single family lot if the unit is:

a. Contained within an existing or proposed residence or accessory structure, including, but not limited to, a studio, pool house, or other similar structure;

b. Has Independent exterior access from the primary residence; and,

c. Has sufficient side and rear setbacks for fire safety.

2. Accessory Dwelling Units (Attached and Detached) General.

a. The accessory dwelling unit shall not be sold separate from the primary residence, but may be rented for terms longer than thirty days, provided the main dwelling is owner occupied.

b. Accessory dwelling units shall be permitted on lots zoned for residential use and which contain an existing or proposed single-family dwelling.

c. The accessory dwelling unit may be attached to the existing or proposed primary dwelling or detached from the primary dwelling and shall be located on the same lot as the primary dwelling.

d. Accessory dwelling units shall be architecturally compatible with the existing primary dwelling.

e. The floor area of an attached accessory dwelling unit shall not exceed fifty percent of the living area within the primary dwelling, with a maximum floor area of one thousand two hundred square feet.

f. Where the primary dwelling is less than four thousand square feet, the total area of floor space for a detached accessory dwelling unit shall not exceed thirty percent of the living area within the primary dwelling, and where the primary dwelling is four thousand square feet or larger, the total area of floor space for a detached accessory dwelling unit shall not exceed one thousand two hundred square feet.

g. Only one accessory dwelling unit shall be permitted on any parcel.

h. Accessory dwelling units shall conform to all development standards of the residential zoning district in which the parcel is located, including, but not limited to: height, lot coverage, setbacks, and distance between structures.

i. No passageway shall be required in conjunction with the development of an accessory dwelling unit.

j. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence and may employ alternative methods for fire protection.

k. No setback can be required where an existing garage is converted to an ADU, provided the garage was approved and constructed through issuance of a building permit, and the minimum parking requirements for the existing main dwelling are still being met.

3. Junior Accessory Dwelling Unit. See Section 17.30.205.

4. Parking Requirements for ADUs.

a. Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom, whichever is less. These spaces may be provided as tandem parking, including on an existing driveway or in setback areas, excluding the non-driveway front yard setback.

b. Parking is not required in the following instances:

i. The accessory dwelling unit is located within one-half mile of public transit, including transit stations and bus stations.

ii. The accessory dwelling unit is located within an architecturally and historically significant historic district.

iii. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

iv. When there is a car share vehicle located within one block of the accessory dwelling unit.

v. When the accessory dwelling unit is part of the existing primary residence or an accessory structure.

D. Permit Requirements. ADUs shall be permitted ministerially, in compliance with this chapter within one hundred twenty days of receipt of application. The development services director, or designee, shall issue a building permit to establish an accessory dwelling unit in compliance with this chapter if all applicable requirements are met in subsection C, as appropriate. Private sewage disposal systems shall be subject to the approval of the Riverside County Health Department pursuant to Government Code Section 65852.2.

E. Definitions.

"Living area"

means the interior habitable area of a dwelling unit, but does not include a garage, covered patio or any accessory structure.

"Accessory dwelling unit"

means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel upon which the single-family dwelling is situated. An accessory dwelling unit also includes the following: (a) an efficiency unit, as defined in Section 17958.1 of Health and Safety Code; and (b) a manufactured home, as defined in Section 18007 of the Health and Safety Code.

"Passageway"

means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

"Existing structure"

for the purposes of defining an allowable space that can be converted to an ADU, means within the four walls and roofline of any structure that was approved and constructed through issuance of a validly is-sued building permit.

"Attached"

for the purposes of this chapter means the sharing of a common building/structure wall. Structures attached by roof elements, garden walls, or similar elements shall be considered "detached" for the purposes of this chapter.

(Ord. 777 § 1 (Exh. A), 2002; Ord. 1027 § 2, 2011; Ord. 1148 § 2, 2019)

§ 17.30.205 Junior accessory dwelling units.

A. Purpose and Intent.

1. The purpose and intent of junior accessory dwelling units is to help address home supply and affordability in California.

2. The purpose and intent of these regulations is to create certain standards, consistent with state law, for the development of junior accessory dwelling units on lots developed with single-family dwellings.

B. Applicability. The provisions of this chapter apply to all lots that are occupied or proposed to be occupied with a single-family dwelling unit and which are zoned residential. Junior accessory dwelling units shall not be counted as separate and/or additional units for the purposes of density calculations.

C. Development Standards.

1. A junior accessory dwelling unit (JADU) shall not exceed five hundred square feet and must be completely contained within the space of an existing residential structure. All JADUs must comply with the following requirements:

a. Limited to one JADU per residential lot zoned for single-family residences with a single-family residence already built on the lot.

b. The single-family residence in which the JADU is created or JADU must be occupied by the owner of the residence, except when owner is a governmental agency, land trust or housing organization.

c. The owner must record a deed restriction stating that the JADU cannot be sold separately from the single-family residence, including a statement that the deed restriction may be enforced against future purchasers, and restricting the JADU to the size limitations and other requirements of the JADU ordinance.

d. The JADU must be located entirely within the existing structure of the single-family residence and have its own separate entrance, with an interior entry to the main living area, and must include an existing bedroom.

e. The JADU must include an efficiency kitchen which includes a sink with a maximum waste line diameter of one and one-half inches; a cooking facility with appliances that do not require electrical service greater than one hundred twenty volts, or natural or propane gas; a food preparation counter; and storage cabinets that are of reasonable size in relation to the size of the JADU and that meet minimum building code standards.

f. The JADU may share a bath with the primary residence or have its own bath.

g. The JADU will be subject to inspections and any fees for such inspections, for determination of whether the JADU is in compliance with applicable building codes.

D. Permit Requirements. JADUs shall be permitted ministerially, in compliance with this chapter within one hundred twenty days of submission of an application. The development services director, or designee, shall issue a building permit to establish a junior accessory dwelling unit in compliance with this chapter if all applicable requirements are met in subsection C. The city may charge a fee to reimburse the city for costs incurred in connection with issuance of such permit. Private sewage disposal systems shall be subject to the approval of the Riverside County Health Department pursuant to applicable laws.

E. Definitions.

"Existing structure"

for the purposes of defining an allowable space that can be converted to a JADU, means within the four walls and roofline of any structure that was approved and constructed through issuance of a validly issued building permit.

"Junior accessory dwelling unit"

means an accessory dwelling unit that cannot exceed five hundred square feet and must be completely contained within the space of an existing residential structure.

(Ord. 1148 § 3, 2019)

§ 17.30.210 Senior congregate care housing facilities.

This section provides locational, developmental, and operational standards for senior congregate care housing facilities.

A. Applicability. Congregate housing facilities are allowed only within the Senior Overlay (S-OL) district, in compliance with Chapter 17.14 (Overlay Districts), subject to the approval of a development plan permit in the R-L-3, R-M, and R-H zoning districts and a conditional use permit in the M-U zoning district.

B. Zoning Standards. The parcel upon which the congregate housing facility is to be established shall conform to all standards of the R-L-3, R-M, R-H, and M-U zoning districts respectively, within the S-OL district, as applicable.

C. Specific Standards. Congregate housing facilities shall be located, developed, and operated in the following manner:

1. The congregate housing facility shall in compliance with all local, regional, state, and federal requirements;

2. The number of senior congregate care units shall be governed by the standards contained in this section;

3. The minimum floor area for each residential dwelling unit shall be as follows:

Table 3-18
Minimum Floor Area Required
Type of Dwelling Unit	Minimum Floor Area Required
Studio	410 square feet
One-bedroom	510 square feet (if kitchen-dining living areas are combined)
	570 square feet (if kitchen-dining living areas are separate)
Two-bedroom	610 square feet (if kitchen-dining living areas are combined)
	670 square feet (if kitchen-dining living areas are separate)

4. The main entrance to the facility, common areas, and all living units shall provide disabled access in compliance with applicable state and federal law;

5. Indoor common areas and dwelling units shall be provided with all necessary safety equipment (e.g., safety bars, etc.), as well as emergency signal/intercom systems, subject to the approval of the director;

6. Adequate interior and exterior lighting shall be provided for security purposes. The exterior lighting shall be stationary, directed away from adjoining properties and public rights-of-way, and of an intensity compatible with the surrounding neighborhood;

7. Common entertainment, recreational, and social activity area(s) of a number, size, and scale consistent with the number of dwelling units shall be provided;

8. Common laundry facilities of sufficient number and accessibility, consistent with the number of dwelling units shall be provided;

9. The facility may provide one or more of the following specific common facilities for the exclusive use of the residents:

a. Beauty and barber shop,

b. Central cooking and dining room(s),

c. Exercise room(s), and

d. Small scale drug store and/or medical facility (not exceeding eight hundred fifty sq. ft.);

10. Off-street parking shall be provided in the following manner:

a. One covered parking space for each dwelling unit for the exclusive use of the residents,

b. One uncovered parking space for every two dwelling units for employee and guest use in congregate housing facility projects, and one and one-half uncovered parking spaces for every two dwelling units in independent living projects,

c. Standards relating to off-street parking, disabled parking, access, surfacing, striping, lighting, landscaping, shading, dimensional requirements, etc., shall be in compliance with the standards identified in Chapter 17.26 (Parking and Loading Standards),

d. Adequate and suitably striped or marked paved areas for shuttle parking shall be provided. Shaded waiting areas shall be provided adjacent to the shuttle stops, and

e. The parking standards for congregate housing facilities may be reduced by up to twenty-five percent for a project which includes at least a portion of the units affordable to low and moderate income seniors. The reduction shall be calculated only for the percentage of the units designated as affordable and only uncovered spaces shall be eliminated;

11. A bus turnout and shelter along the street frontage shall be provided by the operator of the facility;

12. Private dial-a-ride transportation shuttles shall be provided by the operator of the facility for congregate housing facilities with a minimum of fifty dwelling units; exact number and schedule to be determined by the director;

13. The entire facility shall be designed to provide maximum security for residents, guests, and employees;

14. Solid waste and recycling receptacle(s) within walled and gated enclosure(s) shall be provided in compliance with Section 17.20.160 (Solid waste/recyclable materials storage); and

15. Residential occupancy shall be limited to single persons over fifty-five years of age or married couples of which one spouse is over fifty-five years of age.

(Ord. 777 § 1 (Exh. A), 2002)

§ 17.30.230 Tennis courts and sports courts, private.

This section provides locational, developmental, and operational standards for private tennis courts, and other types of sport courts, which are allowed in residential zoning districts, subject to the approval of a minor conditional use permit in compliance with Chapter 17.48. No tennis court or sports court shall be located closer than ten feet to the nearest property line.

A. Tennis courts shall not encroach into the front and side setbacks, or within ten feet of the rear property line, with the following exceptions;

1. If it is not possible to satisfy the ten-foot setback standard, tennis courts which are recessed a minimum of five feet below finished grade may encroach into the setback up to five feet for a minimum setback distance of five feet from the side and rear property lines.

2. Tennis courts with setbacks less than ten feet are not allowed any tennis court lighting and shall be designed so that the corners of the court are constructed at forty-five degree angles.

B. There shall be no more than one tennis court for each residential parcel of land.

C. Private tennis courts shall not be used for commercial purposes, and shall be used only by the residents and their invited guests.

D. Tennis court fencing shall not exceed six feet in height as measured from the finished grade, and shall be completely screened from public view.

E. All tennis courts shall be recessed a minimum of four feet below finished grade and shall be further screened with a combination of walls, berms, and landscaping.

1. The wall shall be guaranteed to be maintained with a recorded agreement providing that the property owner would maintain the wall in good condition during the life of the tennis court.

2. A landscape and irrigation plan with written notice to all adjacent neighbors shall be submitted as part of an development plan permit application for tennis courts with proposed setbacks of less than ten feet.

F. A plan for overhead court lighting shall be defined as part of an approved development plan permit.

G. Light standards shall not exceed the following heights as measured from the court surface:

1. Eighteen feet with four poles on each side; and

2. Twenty feet with three poles on each side.

H. All illumination fixtures shall be directed downward and away from adjoining properties and public rights-of-way, and shall be shielded to prevent spilling of light onto adjacent parcels.

I. Hours of lighting operation shall be defined as part of an approved development plan permit and the lighting shall not be used after ten p.m.

(Ord. 777 § 1 (Exh. A), 2002; Ord. 1027 § 2, 2011)

§ 17.30.240 Applicable regulations.

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

17.48 Conditional Use Permits

17.42 Development Plan Permits

17.24 Landscaping Standards

17.50 Minor Variances

17.26 Parking and Loading Standards

17.28 Signs

17.46 Temporary Use Permits

17.52 Variances.

(Ord. 777 § 1 (Exh. A), 2002; Ord. 1027 § 2, 2011)

§ 17.30.250 Condominium design standards.

The following standards shall apply to all condominium projects citywide, including specific plan areas, which are approved after the effective date of the ordinance codified in this section. This section provides minimum design and development standards for condominiums which are subject to approval of a development plan permit in compliance with Chapter 17.42 and which shall be constructed in the following manner:

A. Density. The maximum density of the underlying zoning district may be allowed only with demonstration that the project meets or exceeds city standards and that superior design elements are utilized.

B. Building Setbacks.

1. Structures shall be located on the project property to meet the requirements of the zoning district for setbacks and distances between buildings except as provided herein. Setback requirements shall be measured from the subdivision boundaries, common area boundaries and curb face of private streets whichever is nearest as applicable. Where condominium structures are not located along a street, and are located behind other structures, or where there are structures back to back, there shall be a minimum fifty-foot separation between buildings and there shall be an unobstructed, minimum twenty-four foot wide separation distance between buildings along the street, where it would be necessary to bring a fire truck to a location within one-hundred sixty-five feet of any portion of the exterior walls of any condominium structure.

2. In calculating the additional setbacks required for building heights above twenty feet, where there is no property line from which to measure setbacks, the required separation distances between buildings shall be increased pursuant to Section 17.20.100.

C. Site Design.

1. There should be an efficient and harmonious grouping of structures and space which encourages the individuality of separate condominium dwelling units within a unifying design concept.

2. The applicant shall utilize site planning techniques and architectural treatments to reduce the impact of building mass. Use of varied building heights, building articulation, landscaping, walls and fences, screening and other similar techniques may be employed to achieve the goal of reduction of building mass impacts.

3. All condominium lots shall be situated in such a way that noise impacts will be mitigated. Dwellings shall be sound attenuated against present and projected noise to mitigate noise impacts on outdoor living areas and in all habitable rooms.

4. Buildings shall be placed in a manner to allow streetscape building diversity. Clusters of condominiums shall be sited in a manner that respects the natural topography and that avoids excessive massing. Front setbacks of structures shall be varied by increasing some setbacks to the extent necessary to create an interesting appearance from the street.

5. Private drives serving the clusters of single-family homes shall be curvilinear, either following the natural contours, or in the event of a flat site, to avoid long straightaways.

6. Condominium structures shall be offset to avoid linear arrangement of homes between clusters and across streets.

7. The project shall establish safe, direct and convenient access to common amenity areas.

8. Private driveways serving four or less dwelling units having no parking within the travelway shall have a minimum paved width of twenty-four feet.

D. Structure Design.

1. Building design shall integrate and equitably distribute details on sides of proposed structures which face private streets, common areas and public rights-of-way as follows:

a. Light and shadow achieved through openings, projections, recesses and details;

b. Avoidance of large blank façades;

c. Roof lines shall vary by use of varying roof structural configurations and slopes.

2. Rear building elevations shall incorporate design features consistent with front building elevations.

E. Landscaping.

1. Hierarchy of the circulation system shall be reinforced by landscaping. Project plans shall identify opportunities and techniques for the creation of focal points where appropriate. Such opportunities may include, but shall not be limited to, use of attractive hardscape elements, specimen trees, water features or unusual plant groupings.

2. The use of special landscape treatments and/or thematic elements shall be used to embellish distinguishable features of the condominium project.

3. The applicant shall enhance entry view corridors. Design treatments which enhance project entries through the use of raised medians, additional landscaping, landscape theme and location of recreational amenities may be required.

4. It shall be demonstrated that trees will be distributed on slopes, common areas and/or lots and along private streets so as to interrupt and soften the silhouette of structures visible from outside the project.

5. The natural vegetation and topography should be preserved where such natural features contribute to the attractiveness of the project and compatibility within the neighborhood or district.

F. Compatibility with Surrounding Development.

1. The applicant shall design the project to create project edges which are compatible with adjacent residential communities, which have been previously approved by the city. Similar structure heights, comparable or more attractive perimeter walls, architectural features and landscaping improvements shall be designed.

2. The design of the condominium structures and overall site plan should be compatible with the physical characteristics of the site, with buildings adjacent to the site, and with the character of the neighborhood or district. Design compatibility of buildings includes harmonious building style, form, size, color, materials and relationship to site topography. A compatible design plan is one which preserves the existing neighborhood character, facilitates efficient and convenient circulation, is functionally related to the natural topography, utilizes natural characteristics of the site, and is an asset to the community.

3. Due consideration should be given to the impact of condominium development on the neighborhood or district in which property is located. Development should be designed to minimize view obstruction.

(Ord. 862 Exh. A, 2004; Ord. 1027 § 2, 2011)

§ 17.30.260 Time share and vacation ownership uses.

In addition to the general property and use standards contained in Chapter 17.20, the following standards shall apply to vacation ownership resort projects:

A. Vacation ownership resort projects shall have a minimum of fifty units (which units can be developed subject to phasing in a manner and on conditions approved by the California Department of Real Estate (DRE)) and be developed only in conjunction and integrated with a resort hotel having at least three hundred rooms. The vacation ownership resort project shall have amenities on-site, as set forth in a development agreement and conditional use permit. The requirement that a vacation ownership resort project be developed, subject to phasing, in conjunction and integrated with a resort hotel may be satisfied if the property/lot on which the vacation ownership resort project is developed, abuts, exclusive of any easement and/or right-of-way, the property/lot of the existing resort hotel. A vacation ownership resort project shall be required to have, as set forth above, at least two hotel units for each vacation ownership unit, subject to the minimum requirement of fifty vacation ownership units and three hundred hotel units.

B. It must, as a minimum requirement, comply with all development standards for the resort hotel zone in which it is located and have a minimum size of one thousand two hundred square feet per vacation ownership unit.

C. Each vacation ownership unit intended for dwelling purposes shall have a minimum of one bathroom and one kitchen and otherwise meet the building standards applicable to a hotel room of similar type of construction. A vacation ownership unit may contain a lock-off bedroom, kitchenette and bathroom.

D. Prior to issuance of a certificate of occupancy, a vacation ownership resort project applicant shall post a maintenance bond letter of credit or cash deposit, as determined by the director of community development, to assure the maintenance of any landscaping on the right-of-way side of any fence line along the perimeter of the project abutting any public right-of-way. The amount of the bond, letter of credit or cash deposit shall be equal to twenty-five percent of the landscaping maintenance expense line item in the annual budget of the owner's association having the duty to maintain the exterior of the vacation ownership resort project. The bond, letter of credit or cash deposit shall run to the city and it (or a substitute bond, letter of credit or cash deposit supplied by the owner's association) shall remain in place for the life of the project.

E. A development agreement between the city and the vacation ownership resort project applicant is required and shall include, among other things, the amount of current and/or future fees to be paid to the city.

F. Approval of a conditional use permit pursuant to Rancho Mirage Municipal Code Chapter 17.48.

G. Application Process. An applicant for a vacation ownership resort project shall submit in the application at least the following information:

1. A description of the means proposed to be employed to disclose the number and location of all vacation ownership units within the project;

2. A description of the proposed vacation ownership interval periods and vacation ownership resort units and the proposed phasing schedule for the development of the vacation ownership resort units;

3. All documents and/or information required by Chapter 17.56 related to development agreements as well as all documents and/or information required by Chapter 17.48 of the Rancho Mirage Municipal Code related to conditional use permits;

4. A description of the proposed sales plan that will be used to sell the vacation ownership intervals. Such sales plan shall include, but not be limited to, a description of hours of operation, location(s), signage, an estimate of the traffic related to such activity, and proposal(s) to accommodate traffic;

5. When and as submitted, prior to the issuance of the first building permit, copies of vacation ownership program submissions to the DRE;

6. When and as received, prior to the issuance of the first building permit, copies of all DRE approvals of material components of the vacation ownership program;

7. A description and proposal of the manner in which vacation ownership resort units might be rented nightly as hotel rooms, the estimated transient occupancy tax (TOT) revenue, and how such TOT revenue would be identified, collected and paid to the city.

(Ord. 1028 § 2, 2011)

§ 17.30.270 Short-term rentals.

A. Definition. "Short-term rental" means a dwelling unit, in whole or in part, rented for a period of twenty-seven consecutive calendar days or less, for transient dwelling, lodging, sleeping, or special event purposes, regardless of home-sharing or subletting arrangements. For the purposes of this section, rentals in exchange for non-monetary forms of compensation shall also qualify a dwelling unit as a short-term rental. Rentals of units located within city-approved hotels, motels, time-shares, and bed and breakfasts shall not be considered short-term rentals.

B. Prohibition. Operation of short-term rentals is prohibited in every zone of the city. Operation of a short-term rental includes advertising, offering for rent, or agreeing to rent, a short-term rental, regardless of whether a person actually occupies the short-term rental. Each such action, and each day such operation persists, is a separate violation of this section.

C. Exception. Short-term rental certificates issued for 2021 shall not expire until June 30, 2022. Certificate holders for 2021 must abide by all rules and regulations applicable under the code as it read at the time the certificate was issued, and such certificates may be revoked or suspended for any reason set forth in the code at the time the certificate was issued.

D. Penalty. The city may issue an administrative citation to any occupant, responsible party, owner(s), or the owner's authorized agent or representative, pursuant to Chapter 14.80 (Administrative Citation and Appeal Procedures) of this code for any violation of this section committed, caused or maintained by any of the above parties. Each day the violation persists shall constitute a separate violation. Unless otherwise provided herein, any person issued an administrative citation pursuant to this chapter shall for each separate violation be subject to the following fines set forth in the schedule of fines established by resolution of the city council and otherwise permitted by applicable law.

(Ord. 1189 § 2, 2021; Ord. 1225, 9/4/2025)