Rancho Mirage Municipal Code Art. I Relating to Development on Mountainous Lands Within the City of Rancho…

Note: Editor's Note: This article is a codification of the ordinance dated November 3, 1992, approved by voters on the same date and known as Measure V.

All discretionary approvals, including but not limited to development agreements, general plan amendments, zone changes, development permits, grading permits and use permits approved by the city council on or after July 3, 1992 and having no building permit issued, shall require the approval of the city council, and thereafter a two-thirds vote of the electorate of the city to be considered an approved application, if the approval is an application on property located within the city "mountainous lands" area of the Santa Rosa and San Jacinto Mountains, as described within the Coachella Valley Mountains Conservancy legislative map, as of November 3, 1992.

(Ord. dated 11/3/92 § 1)

Development permits and approvals within the mountainous lands existing prior to July 3, 1992, including but not limited to development agreements, may be modified, altered or extended only by approval of the city council, and thereafter by a two-thirds vote of the electorate.

(Ord. dated 11/3/92 § 2)

This chapter shall not apply to the following:

A. Any project intended to preserve the species of the Peninsular Bighorn Sheep;

B. An extension or renewal of an existing development agreement or an approval of any development right contained within an existing development agreement.

(Ord. dated 11/3/92 § 7)

After November 3, 1992, the city council shall not make any changes, amendments or deletions in the city Grading Ordinance, as those changes affect the mountainous lands, unless those changes, amendments or deletions are first approved by the electorate with a two-thirds majority vote.

(Ord. dated 11/3/92 § 3)

Upon the expiration of any existing development agreement, permit or other development approval, granted for and permitting development within the mountainous lands, the general plan land use designation resulting from the agreement, permit or approval shall be vacated, and the area shall then become "hillside reserve" land use or the land use then in existence within the general plan which is consistent with the current land use designation of hillside reserve. After expiration, the land area contained within the agreement, permit or approval shall be placed upon the next general plan amendment agenda and shall be changed to hillside reserve or the land use then consistent with the current hillside reserve land use. The city council shall, at the next regularly scheduled city council meeting, cause the zoning to become compatible with the hillside reserve land use designation.

(Ord. dated 11/3/92 § 4)

A two-thirds vote of the electorate is required to amend, delete or modify any provision of the municipal code or general plan containing the text of this chapter.

(Ord. dated 11/3/92 § 6)

Any cost associated with any special election required by the provisions of this chapter shall be paid by the proponent of the request causing the election. A proponent, other than the city, shall deposit with the city clerk funds necessary to cover the cost of the election at least thirty days prior to the last day to call a special election.

(Ord. dated 11/3/92 § 5)

If any provision of this chapter shall be deemed inconsistent with the general plan, the general plan shall be amended to the extent necessary to produce consistency.

(Ord. dated 11/3/92 § 8)