Desert Hot Springs City Council
January 18, 2022

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
15 and is planned to exceed two stories in height, that portion of the structure greater than two stories shall be set back an additional five feet.

E. Building/Finish Materials.

1. The selection of finish materials structures, walls, carports and garage doors shall be consistent with the architectural concept for the building. The use of tile roofing materials is particularly appropriate for residences designed in Spanish, mission, southwestern, and Mediterranean architecture or their derivations.

2. Materials to be avoided include metal or aluminum siding and most metal roofs, reflective materials and finishes, and unfinished concrete block. Use of exposed wood shall be kept to a minimum and shall be properly finished and stained rather than painted to assure maximum life of the coating in the desert environment.

3. Where stucco used, the finish texture shall be consistent with the architectural style of the building.

For instance, adobe or southwestern style architecture will typically have a smooth, hand-finished stucco appearance.

4. Larger residential buildings and walls shall include a greater variety of complementary materials to break up building expanses, including split-face precision block, fluted block, brick, and tile. A “sack finish” over slumpstone is an especially appropriate finish, consistent with the community design goals and policies of the General Plan.

D. Balconies, Porches, and Patios. Balconies, porches, and patios shall be integrated into the design and siting of multifamily structures for enhanced functional and living environment values. These elements shall be integrated to break up large wall masses, offset floor setbacks, and add human scale to structures.

E. Dwelling Unit Access. Individual walkways, corridors, or access balconies shall be designed to serve no more than five units. The use of long, monotonous walkways shall be avoided. To the maximum extent practicable, the entrances to individual units shall be plainly visible from nearby parking areas.

Distinctive architectural elements and materials shall be sed to denote prominent entrances.

F. Exterior Stairs. Exterior stairs shall be designed as simple, clean, bold projections that complement the architectural massing and form of the multifamily structure. Stairways shall be of smooth stucco, plaster, wood, or decorative wrought iron with accent trim of complementary colors to help identify them in the elevation and denote their function. Thin-looking and disproportionate, open metal, prefabricated stairs shall not be used.

G. Carports, Garages, and Accessory Structures.

1. Detached and attached garages, carports, and accessory structures shall be designed as an integral part of the architecture of projects. They shall be consistent in their use of materials, color, and design detail and compatible with the principal structures of a development. Carports may utilize Item Number: 7.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
16 flat roofs but shall not project above any exterior walls adjacent to streets, their preferred location being on the interior side of parking areas. Prefabricated metal carports shall not be used.

2. Where garages are utilized, doors shall appear set into walls rather than flush with the exterior wall.

Their design shall be compatible with the architectural theme.

H. Gutters, Downspouts, and Roof Vents.

1. Gutters and downspouts shall be concealed unless designed as a continuous architectural feature.

Exposed gutters used as architectural features shall be colored to match fascia or wall material.

Exposed downspouts shall be colored to match the surface to which they are attached unless uncoated copper is used.

2. Roof vents shall be colored to match roofing materials or the dominant trim color of the structure.

Sidewall vents shall be framed in to make them an integral part of the elevation and shall be finished (stucco, etc.) consistent with the treatment of the facade. Flashing shall be obscured or coated in a manner that reduces contrast and enhances its compatibility with the adjoining roof or wall treatment.

I. Active and Passive Solar Design. Where active solar panels are used, any associated mechanical equipment shall either be placed in the attic or be pad-mounted and completely screened from view from a public right-of-way and immediately adjacent structures.

J. Mechanical and Utility Equipment. Heating/air conditioning (HVAC) or other type of equipment shall be pad-mounted on the ground. No roof-mounted equipment shall be permitted. All HVAC and similar equipment must be visually and acoustically screened. Screens shall be designed and constructed to intercept both equipment view and noise. The method of screening must be functionally and architecturally compatible in terms of materials, color, shape, and size. The screening design shall blend with the building design. Where individual equipment is provided, a continuous screen is desirable. Utility meters and equipment must be placed in locations which are not exposed to view from the street, or they must be suitably screened. All screening devices shall be compatible with the architecture and color of the adjacent structures.
(Prior code § 159.04.050(6))
Item Number: 7.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
17 17.08.290 Multifamily Infill in Single-family Neighborhood.

A. Intent. New infill multifamily projects shall be integrated into existing neighborhoods in manner that provides compatibility with adjacent structures in terms of massing, scale, and architectural treatments, and to provide for privacy.

B. Front Yard Setbacks. Front yard setbacks for structures in new multifamily projects shall be a minimum of 20 feet. Setbacks for structures which exceed 30 feet in height shall increase setbacks of that portion of a building over 30 feet by two feet for each additional foot of height.

C. Parking Setback. Parking spaces shall be set back from the right-of-way a minimum of five feet and shall be buffered by landscaping and/or decorative block wall, which shall complement and extend the landscaped portion of the public parkway.

D. Architectural Compatibility. New multifamily developments in existing single-family neighborhoods shall incorporate and complement existing architectural characteristics and scale of existing development. A differing or contrasting architectural style may be appropriate if it enhances the visual environment and establishes a desirable precedent for future development. (Prior code § 159.04.050(7)) Item Number: 7.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
1 EXHIBIT A.3.

17.12 COMMERCIAL DISTRICTS

17.12.010 Purpose.

A. This chapter applies to all development in the Commercial Districts. The purpose of these zoning districts is to:

1. Allow a mixture of complementary land uses that may include retail, offices, commercial services, and civic uses, to create economic and social vitality;

2. Develop commercial areas that are safe, comfortable and attractive to pedestrians;

3. Protection of commercial and adjoining residential areas from excessive noise, illumination, unsightliness, odor, smoke, and the objectionable influences.

4. Provide flexibility in the location and design of new developments to anticipate changes in the market;

5. Reinforce streets as public places that encourage pedestrian and bicycle travel and connections to residential areas;

6. Provide both formal and informal community gathering places;

7. Provide employment opportunities for existing and future residents of the City and those of adjacent communities.

8. Provide visitor accommodations and tourism amenities.

A. The specific purpose of each individual commercial district is as follows:

1. C-N (Neighborhood Commercial). This district is intended to accommodate a limited range of neighborhood scale retail sales, business, dining, personal, and professional services conveniently located near residential areas.

2. C-G (General Commercial). This district is intended to accommodate a wide range of retail sales, business, dining, personal, and professional services, as well as entertainment and lodging.

3. C-D (Downtown Commercial). This district is intended to encourage the development of a large concentration of commercial, entertainment, and office uses in the central business area of the City, which will provide a focal point of activity for the City and the surrounding areas.

4. C-H (Highway Commercial). This district is intended to accommodate those business and retail uses which provide merchandise and services desired by motorists, directly Item Number: 7.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
2 from or for motor vehicles. The C-H District is intended to promote a unified grouping of travel-oriented uses, such as fueling stations, regional retail, entertainment, dining and hotels.

5. C-BP (Business Park). This district is intended to facilitate a flexible administrative, medical, research, and office centers. The intent is to create, maintain, and support an environment for employment-generating businesses including administrative, professional office, limited industry, medical, research, and similar uses. It is also the intent to provide amenities, personal service, and convenient restaurant uses for people who work in the business park.

6. VS-C (Visitor-Serving Commercial). This district is intended to provide for areas appropriate for accommodations, goods, and services intended to serve primarily visitors to the City.

17.12.020 Permitted Uses.

A. Table 17.14.01 lists the uses permitted in each of the Commercial and Visitor-Serving districts utilizing the following key:
“P” Use is permitted by right.
“A” Use is accessory to an established primary use.
“AUP” Use requires an Administrative Conditional Use Permit. “CUP” Use requires a Conditional Use Permit.
“TUP” Use requires a Temporary Use Permit.
“--” Use is prohibited.

B. Land uses listed in Table 17.12.01 use definitions from the North American Industry Classification System (NAICS) unless otherwise defined specifically by this Title. The individual land uses permitted in each of the mixed-use districts are grouped in Table

17.14.01 using the major land use categories of Commercial, Industrial, Institutional, Residential and Other.

Item Number: 7.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
3 TABLE 17.12.01
PERMITTED USES – COMMERCIAL AND VISITOR SERVING DISTRICTS USE

COMMERCIAL DISTRICTS

CODE SECTION

C-N C-G C-D C-H C-BP VS-C

BUSINESS, FINANCIAL, AND

PROFESSIONAL OFFICE
Automated Teller Machines (ATMs) -
Drive up AUP P P P -- --
Business Support Services P P P P P P
Check Cashing and/or Payday Loans -- P CUP -- -- --
Financial Institutions and Related
Services (without drive-through facilities) P P P P P P Office, Business and Professional P P P P P CUP

EATING AND DRINKING

ESTABLISHMENTS
Bars, Lounges, Nightclubs, and Tasting
Rooms -- CUP CUP CUP CUP A 17.12.050
Food Preparation/Catering
(no on-site sales or service) AUP P P P P A
Restaurant - Full or Limited Service,
Serving Alcohol CUP AUP AUP AUP AUP CUP 17.12.050
Restaurant – Full or Limited Service, No
Alcohol Sales P P P P P P
Restaurant with Drive-through Facilities P P -- P P CUP 17.12.100 Snack Bar A A A A A A

INDUSTRY, MANUFACTURING

AND PROCESSING, AND

WAREHOUSING
Brewery, Winery, or Distillery -- CUP CUP CUP CUP --
Data Centers -- -- -- -- AUP --
Hazardous Waste Facilities -- -- -- -- -- --
Food Processing -- -- -- -- -- --
Furniture and fixtures manufacturing,
cabinet shops, and woodworking shops
(wholesale sales only)
-- -- -- -- P --
Laboratory – Medical, Analytical,
Research, Testing -- -- -- -- AUP --
Laundries and Dry-Cleaning Plants -- -- -- -- -- --
Manufacturing - Heavy -- -- -- -- -- --
Manufacturing - Light -- -- -- -- CUP --
Recycling
Small Collection Facility -- AUP -- AUP AUP --
Large Collection Facility -- CUP -- CUP CUP --
Item Number: 7.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
4 USE

COMMERCIAL DISTRICTS

CODE SECTION

C-N C-G C-D C-H C-BP VS-C
Light Processing -- -- -- -- -- --
Heavy Processing -- -- -- -- -- --
Reverse Vending Machine A A A A A A
Research and Development -- -- -- -- P --
Storage - Outdoor -- -- -- -- CUP --
Warehouse, Wholesaling and Distribution -- -- -- -- CUP --

LODGING
Hotel and Motel (without spa) -- CUP CUP P CUP P
Spa Resort -- -- -- CUP CUP P
Homeless Shelters—up to 20 beds -- -- -- -- CUP --
Homeless Shelters—more than 20 beds -- -- -- -- CUP --
Low Barrier Navigation Center -- -- -- -- -- P

MARIJUANA USES
Marijuana Delivery -- -- -- CUP1 CUP1--
1 In Industrial Cannabis
Overlay Zone, marijuana
use cannot be a
standalone use and must
in center with other
retail/commercial uses.

Marijuana Distribution -- -- -- CUP1 CUP1--
Marijuana Cultivation -- -- -- CUP1 CUP1--
Marijuana Manufacturing -- -- -- CUP1 CUP1--
Marijuana Storefront Retail CUP CUP CUP CUP -- 17.180.040 Marijuana Testing Facilities P P -- AUP P -- 17.180.070

MEDICAL-RELATED AND CARE
USES
Ambulance Fleet -- -- -- -- AUP --
Clinic and Urgent Care -- AUP -- AUP AUP --
Day Care Center -- -- -- -- -- -- 17.12.090
Health Facilities, Therapy and
Rehabilitation -- CUP -- AUP P --
Hospital -- CUP -- CUP CUP --
Office, Medical and Dental Office P P P P P CUP
Residential Care Facilities CUP -- -- -- -- --

PUBLIC AND ASSEMBLY USES
Cultural Institutions AUP P P P P P
Public Assembly Facilities -- CUP CUP CUP CUP CUP
Religious Assembly Facilities -- CUP CUP CUP CUP CUP
Schools, Private CUP CUP CUP -- CUP --
Trade and Vocational Schools -- P P P P P
Tutoring and Education Centers P P P P P P
Item Number: 7.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
5 USE

COMMERCIAL DISTRICTS

CODE SECTION

C-N C-G C-D C-H C-BP VS-C

RECREATION AND

ENTERTAINMENT
Art Gallery P P P P P P
Arcade (Electronic Game Center) CUP AUP AUP AUP AUP --
Commercial Recreation - Indoors CUP P P P P P
Commercial Recreation - Outdoors CUP CUP CUP CUP CUP CUP Entertainment, Indoor AUP AUP P P P P
Health/Fitness Facilities
Health/Fitness Facilities – Small AUP P P P P P
Health/Fitness Facilities - Large CUP CUP CUP CUP CUP CUP

RESIDENTIAL USES
Accessory Dwelling Unit -- -- -- -- -- --
Dwelling, Multifamily -- -- -- -- -- CUP 17.12.140
Dwelling, Single-Family -- -- -- -- -- --
Home Occupations -- -- -- -- -- --
Single Room Occupancy (SRO) -- -- -- -- -- -- 17.08.200 Supportive Housing -- -- -- -- -- --
Transitional Housing -- -- -- -- -- --

RETAIL USES
Alcohol Beverage Sales
Alcohol Sales, for Off-Site
Consumption CUP AUP AUP AUP AUP AUP 17.12.050
Alcoholic beverage sales, for on-site
or off-site consumption, in
conjunction with an allowed use
-- CUP CUP CUP CUP CUP 17.12.050
Building Materials and Services, Indoor -- P P P P --
Building Materials and Services, Outdoor -- CUP -- P AUP -- Convenience Store, No Alcohol Sales AUP P AUP P P P 17.12.080 Farmers’ Market TUP TUP TUP TUP TUP TUP
Grocery Store P P P P P P
Nurseries and Garden Centers -- P AUP P P --
Outdoor Temporary and/or Seasonal
Sales TUP TUP TUP TUP TUP TUP
Recreational Equipment Rentals – Indoor
Only P P P P P A
Retail Sales - General P P P P P P
Retail Sales - Restricted -- CUP CUP CUP CUP CUP
Vehicle Sales and Rental -- CUP -- P -- -- 17.12.060
Item Number: 7.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
6 USE

COMMERCIAL DISTRICTS

CODE SECTION

C-N C-G C-D C-H C-BP VS-C
Large Vehicle, Construction, and Heavy
Equipment Sales, Service, and Rental -- CUP -- -- CUP --

SERVICE USES
Animal Care, Services
Animal Boarding/Kennels, Grooming AUP P AUP P P CUP
Veterinary Services, Large Animal -- P AUP P P CUP
Veterinary Services, Small Animal AUP P P P P CUP
Funeral Parlors and Internment Services -- AUP -- -- AUP -- Instructional Services P P P P P P
Maintenance and Repair Services -
Indoor P P P P P CUP
Moving Companies, Storage Allowed -- -- -- -- AUP --
Personal Services, General P P P P P P
Personal Services, Restricted CUP CUP CUP CUP CUP CUP
Recording Studio -- AUP -- AUP P CUP
Social Service Facilities -- P -- P P P
Storage
Storage - Personal -- CUP -- -- CUP -- 17.16.060
Storage – Outdoor Recreational
Vehicle Storage -- -- -- CUP --
Vehicle Repair and Services
Service/Fueling Station CUP CUP CUP AUP CUP -- 17.12.170 Vehicle Washing/Detailing A AUP A AUP AUP --
Vehicle Service, Minor -- AUP -- P P --
Vehicle Service, Major -- -- -- CUP --

TRANSPORTATION,

COMMUNICATION, AND

INFRASTRUCTURE USES
Car Sharing – Parking AUP AUP AUP AUP AUP AUP
Parking Facility - Temporary TUP TUP TUP TUP TUP TUP
Utility Facilities - Staffed -- AUP -- AUP AUP --
Utility Facility - Unstaffed AUP AUP -- AUP AUP AUP
Vehicle Charging Stations - Commercial AUP P P P P P
Vehicle Storage -- -- -- -- CUP --
Wireless Communication Facilities -
Minor AUP AUP AUP AUP AUP AUP
Wireless Communication Facilities -
Major CUP CUP CUP CUP CUP CUP
Item Number: 7.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
7 USE

COMMERCIAL DISTRICTS

CODE SECTION

C-N C-G C-D C-H C-BP VS-C
Wireless Telecommunication Facilities,
Satellite Dish Antenna P P P P P P

OTHER USES
Caretaker Quarters -- -- -- -- AUP A
Donation Boxes - Outdoors -- -- -- -- CUP --
Drive-Through or Drive-Up Facilities -- AUP -- AUP AUP -- Vending Machine A A A A A A
Item Number: 7.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
8 17.12.280 Site Planning
Placement of structures shall consider the existing built context of the commercial area, the location of incompatible land uses, the location of major traffic generators, and consideration of specific site characteristics and surrounding influences.

A. Structures shall be sited in a manner that respects the orientation, privacy and access of adjacent structures.

B. New structures shall be clustered unless site conditions prevent clustering, as determined by the responsible review authority. The purpose is to create plazas or pedestrian malls and prevent long “barracks like” rows of structures. When clustering is impractical, a visual link between separate structures shall be established. This link can be accomplished through the use of an arcade system, trellis, or other open structure.

C. Structures and on-site circulation systems shall be placed and integrated to avoid pedestrian/vehicle conflicts. Textured paving, landscaping, and trellises shall be provided to physically and visually connect structures to the public sidewalk.

D. The importance of spaces between structures as “outdoor rooms” on the site shall be emphasized through use of clear, recognizable shapes that reflect careful planning and are not simply left-over areas between structures. Such spaces shall provide pedestrian amenities such as shade, benches, fountains, etc.

E. Freestanding, singular commercial structures shall be oriented with their major entry toward the street where access is provided, as well as having their major facade parallel to the street.

F. Loading facilities shall be located at the rear of structures and not visible from a public right-of-way.

G. Open space areas shall be clustered into larger, predominant landscape areas rather than be equally distributed into areas of low impact such as at building peripheries, behind a structure, or areas of little impact to the public view, where they are not required as land use buffer or as a required yard setback.

H. Downtown Commercial Site Planning Standards. Development within a Downtown Commercial (CD) district shall be designed to:

1. Provide direct pedestrian linkages to adjacent public sidewalks and trails.

2. Create enhanced pedestrian connections throughout the project between commercial buildings and parking areas.

3. Provide enhanced pedestrian amenities throughout the project, including seating, pedestrian area lighting, special paving, public art, water features, common open space, directories, and similar items to create a pleasant pedestrian experience.

4. Incorporate architectural design elements and materials that relate to a pedestrian scale.

5. Locate uses in proximity to one another without large intervening parking lots so that it is convenient for people to walk between the various uses and park their vehicles only once.

6. Create a pedestrian scale and character of development along the street by providing significant wall articulation and varying roof heights, incorporating pedestrian-scale elements (e.g., doors, Item Number: 7.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
9 windows, lighting, landscaping), and locating storefronts and common open space areas (e.g., plaza, courtyard, outdoor dining) near the public sidewalk to contribute to an active street environment.

7. Provide a transition to adjacent lower-density residential uses by reducing building height and increasing building setbacks adjacent to the residential uses.

Item Number: 7.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
1 EXHIBIT A.4.

17.14 MIXED-USE DISTRICTS

17.14.010 Purpose.

A. The purpose of this Chapter is to establish use regulations and development standards for mixed-use districts. Mixed-use districts are intended to provide suitable locations for a wide variety of interrelated and compatible commercial, office, residential, civic, and entertainment uses, often in a pedestrian-oriented environment. Uses will vary in composition and intensity based on location, accessibility, and surrounding development context. In addition, it is the intent of this Chapter to establish use regulations and development standards for the provision of adequate sites for the development of new and emerging housing types in compliance with the City’s adopted Housing Element goals and policies.

B. The specific purpose of each individual mixed-use district is as follows:

1. MU-N (Mixed-Use Neighborhood). The district is intended to provide local- and neighborhood-supporting mixed-use activity centers with maximum residential densities of 15 dwelling units per acre and/or non-residential intensity with a maximum floor area ratio (FAR) of 1.0. Commercial retail uses are the primary uses allowed on the ground floor. Professional office and residential uses are also allowed, either integrated with a commercial use or as separate, free-standing use. Easy walkable access from residential neighborhoods and pedestrian orientation are key considerations in the location and site design of mixed-use developments in this zone.

2. MU-C (Mixed-Use Corridor). The district is intended to provide higher-intensity, commercially oriented activity with maximum residential densities of 30 dwelling units per acre and/or maximum non-residential intensities of 1.50 FAR. This district provides for integrated commercial retail, professional office, residential, and civic uses.

Commercial retail uses are the preferred uses allowed on the ground floor. Residential development is allowed, either as part of a mixed-use project or as a freestanding use and are encouraged to be developed at the highest allowable density. Convenient public transportation access, innovative housing options, and pedestrian-oriented design are key considerations in the location and site design of mixed-use developments in this zone.

3. VS-M (Visitor-Serving Mixed). This district is intended to provide for areas appropriate for accommodations, goods, and services intended to serve primarily visitors to the City. Also allowed are detached and attached residential uses at a maximum density of 20 dwelling units per acre. Either commercial or residential development is allowed, but not concurrently on the same property.

Item Number: 7.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
2 17.14.020 Permitted uses.

A. Table 17.14.01 lists the uses permitted in each of the mixed-use districts utilizing the following key:
“P” Use is permitted by right.
“A” Use is accessory to an established primary use.
“AUP” Use requires an Administrative Conditional Use Permit. “CUP” Use requires a Conditional Use Permit.
“T” Use requires a Temporary Use Permit.
“--” Use is prohibited.

B. Land uses listed in Table 17.14.01 use definitions from the North American Industry Classification System (NAICS) unless otherwise defined specifically by this Title. The individual land uses permitted in each of the mixed-use districts are grouped in Table

17.14.01 using broad land use categories.

TABLE 17.14.01
PERMITTED USES – MIXED-USE DISTRICTS
USE

MIXED-USE DISTRICTS

CODE SECTION

MU-N MU-C VS-M

BUSINESS, FINANCIAL, AND

PROFESSIONAL OFFICE
Automated Teller Machines (ATMs) - Drive up A A --
Business Support Services P P --
Check Cashing and/or Payday Loans -- CUP --
Financial Institutions and Related Services
(without drive-through facilities) P P --
Office, Business and Professional (excluding
Medical and Dental Office)
P P --

EATING AND DRINKING

ESTABLISHMENTS
Bars, Lounges, Nightclubs, and Tasting Rooms -- CUP -- 17.12.050 Food Preparation/Catering
(no on-site sales or service) AUP P AUP
Restaurant - Full or Limited Service, Serving
Alcohol CUP CUP CUP 17.12.050
Restaurant – Full or Limited Service, No Alcohol
Sales P P P
Restaurant with Drive-through Facilities CUP CUP CUP 17.12.100 Snack Bar A A A

LODGING
Hotel or Motel (without spa) -- CUP CUP
Spa Resort -- CUP CUP
Item Number: 7.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
3 USE

MIXED-USE DISTRICTS

CODE SECTION

MU-N MU-C VS-M
Homeless Shelters—up to 20 beds -- -- --
Homeless Shelters—more than 20 beds -- -- --
Low Barrier Navigation Center P P P

MARIJUANA USES
Marijuana Delivery -- -- --
Marijuana Distribution -- -- --
Marijuana Cultivation -- -- --
Marijuana Manufacturing -- -- --
Marijuana Storefront Retail -- CUP -- 17.180.040
Marijuana Testing Facilities -- CUP -- 17.180.070

MEDICAL-RELATED AND CARE USES
Ambulance Fleet -- -- --
Clinic and Urgent Care -- CUP --
Day Care Center CUP CUP CUP
Health Facilities, Therapy and Rehabilitation -- -- --
Hospital -- CUP --
Office, Medical and Dental Office AUP P P
Residential Care Facilities AUP AUP CUP

PUBLIC AND ASSEMBLY USES
Cultural Institutions P P P
Public Assembly Facilities -- CUP --
Religious Assembly Facilities -- CUP --
Schools, Private CUP CUP CUP
Trade and Vocational Schools CUP CUP CUP
Tutoring and Education Centers P P P

RECREATION AND ENTERTAINMENT
Arcade (Electronic Game Center) CUP AUP --
Art Gallery P P CUP
Commercial Recreation - Indoors CUP CUP --
Commercial Recreation - Outdoors -- CUP --
Entertainment, Indoor CUP AUP --
Health/Fitness Facilities
Health/Fitness Facilities – Small AUP P A
Health/Fitness Facilities - Large CUP CUP --

RESIDENTIAL
Accessory Dwelling Unit -- -- P
Item Number: 7.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
4 USE

MIXED-USE DISTRICTS

CODE SECTION

MU-N MU-C VS-M
Dwelling, Multifamily P P P 17.12.140
Dwelling, Single-Family -- -- P 17.12.190
Home Occupations A A A
Hotel/Motel to Residential Conversion -- -- CUP
Live/Work Unit P P
Single Room Occupancy (SRO) -- CUP -- 17.12.210
Supportive Housing P P P
Transitional Housing P P P

RETAIL USES
Alcohol Beverage Sales
Alcohol Sales, for Off-Site Consumption CUP CUP -- 17.12.050 Alcoholic beverage sales, for on-site or off-site
consumption, in conjunction with an allowed
use
-- CUP CUP 17.12.050
Building Materials and Services, Indoor -- P --
Building Materials and Services, Outdoor -- -- --
Convenience Store, No Alcohol Sales AUP P -- 17.12.080
Farmers’ Market TUP TUP TUP
Grocery Store P P CUP
Nurseries and Garden Centers -- P --
Outdoor Temporary and/or Seasonal Sales TUP TUP TUP
Recreational Equipment Rentals – Indoor Only P P P
Retail Sales – General P P P
Retail Sales – Restricted -- CUP --
Vehicle Sales and Rental -- -- -- 17.12.060
Large Vehicle, Construction, and Heavy Equipment
Sales, Service, and Rental -- -- --

SERVICE USES
Animal Care, Services
Animal Boarding/Kennels, Grooming P P --
Veterinary Services, Large Animal CUP CUP --
Veterinary Services, Small Animal AUP AUP -
Instructional Services AUP P
Maintenance and Repair Services - Indoor P P --
Moving Companies, Storage Allowed -- -- --
Personal Services, General P P CUP
Personal Services, Restricted CUP CUP CUP
Item Number: 7.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
5 USE

MIXED-USE DISTRICTS

CODE SECTION

MU-N MU-C VS-M
Recording Studio -- AUP --
Social Service Facilities -- P --
Storage
Storage - Personal -- -- --
Storage – Outdoor Recreational Vehicle
Storage -- -- --
Vehicle Repair and Services
Service/Fueling Station -- CUP -- 17.12.170
Vehicle Washing/Detailing -- -- --
Vehicle Service, Minor -- -- --
Vehicle Service, Major -- -- --

TRANSPORTATION, COMMUNICATION,

AND INFRASTRUCTURE USES
Car Sharing – Parking AUP AUP CUP
Parking Facility - Temporary TUP TUP TUP
Utility Facilities - Staffed -- CUP --
Utility Facility - Unstaffed CUP CUP
Vehicle Charging Stations - Commercial AUP P A
Vehicle Storage -- -- --
Wireless Communication Facilities - Minor AUP AUP AUP
Wireless Communication Facilities - Major CUP CUP --
Wireless Telecommunication Facilities,
Satellite Dish Antenna P P P

OTHER USES
Caretaker Quarters -- -- AUP
Donation Boxes - Outdoors -- -- --
Drive-Through or Drive-Up Facilities -- CUP --
Vending Machine A A A
Item Number: 7.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
6 17.14.030 Development standards.

A. Table 17.14.02 establishes the development standards applicable to mixed-use districts.

B. Design criteria as outlined Sections 17.14.040 through 17.14.070 applicable to the respective development type within the mixed-use districts shall apply and are in addition to the standards of Table 17.14.02.

TABLE 17.14.02
DEVELOPMENT STANDARDS – MIXED-USE DISTRICTS

DEVELOPMENT STANDARD MIXED-USE DISTRICTS ADDITIONAL

MU-N MU-C VS-M REQUIREMENTS

GENERAL PLAN DENSITY/FAR
Maximum Density - Residential 15 du/1 ac 30 du/1 ac 15 du/1 ac Minimum Density – Residential - 15 du/1 ac -
Maximum Floor Area Ratio (FAR) – NonResidential1.00 1.50 1.00

LOT DIMENSIONS, SIZE AND COVERAGE
Minimum Lot Size (net)
Single Family
Multifamily
--
10,000 sf
--
20,000 sf
7,200 sf
10,000 sf
Minimum Lot Width 100 ft 100 ft 45 ft
Minimum Lot Depth - - 90 ft
Maximum Lot Coverage
(Stand-Alone Residential)
60% 70% 50%

SETBACKS AND BUILDING SEPARATIONS
Maximum Front Yard Setback (From Public
Right-of-way)
10 ft 5 ft 15 ft1 Garage front yard
setback shall be a
minimum of 20 ft.

Maximum Side Yard Setback
Interior
Corner or Exterior
5 ft
10 ft
0 ft
10 ft
5 ft
10 ft
Minimum Rear Yard Setback
Standard Lot
Adjacent to Alley
15 ft
10 ft
15 ft
10 ft
15 ft
10 ft
Minimum Building Separation Between
Multiple Buildings on a Single Lot –
Residential to Residential or Residential to
Non-Residential
Window to Window Walls
Window to Non-Window Walls
30 ft 25 ft 15 ft
Item Number: 7.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
7 DEVELOPMENT STANDARD MIXED-USE DISTRICTS ADDITIONAL

MU-N MU-C VS-M REQUIREMENTS
Non-Window to Non-Window Walls 25 ft
15 ft
20 ft
10 ft
10 ft
10 ft
Minimum Building Separation Between
Multiple Non-Residential Buildings on a
Single Lot
- - -

DWELLING UNIT SIZE AND LAND AREA
Minimum Dwelling Unit Size Per R-M
District
Per R-H
District
Per R-M
Maximum Dwelling Unit Size District

BUILDING HEIGHT AND STORIES
Maximum Number of Stories 3 4 2
Maximum Building/Structure Height 45 ft 60 ft 30 ft

OTHER DEVELOPMENT STANDARDS
Signs and Outdoor Displays Chapters 17.44 and 17.45
Off-Street Parking and Off-Street Loading Chapters 17.48 and 17.52 Landscaping Chapter 17.56

17.14.040 Mixed Use Development.

A. General Requirements.

1. Mixed-use projects shall comply with the development criteria in this Section in addition to the standards in Table 17.14.02.

2. If a proposed mixed-use development is located in an area covered by a specific plan, the development standards of the specific plan shall take precedence over the standards in this Section unless otherwise stated to the contrary.

B. Design Criteria.

1. Development within a mixed-use district. All projects shall be designed to:
a. Provide direct pedestrian linkages to adjacent public sidewalks and trails. b. Create enhanced pedestrian connections throughout the project between residential and nonresidential uses/structures and parking areas.
c. Provide enhanced pedestrian amenities throughout the project, including seating, pedestrian area lighting, special paving, public art, water features, common open space, directories, and similar items to create a pleasant pedestrian experience. d. Incorporate architectural design elements and materials that relate to a pedestrian scale.
e. Locate uses in proximity to one another without large intervening parking lots so that it is convenient for people to walk between the various uses and park their vehicles only once.

Item Number: 7.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
8 f. Create a pedestrian scale and character of development along the street by providing significant wall articulation and varying roof heights, incorporating pedestrian-scale elements (e.g., doors, windows, lighting, landscaping), and locating storefronts and common open space areas (e.g., plaza, courtyard, outdoor dining) near the public sidewalk to contribute to an active street environment. g. Provide a transition to adjacent lower-density residential uses by reducing building height and increasing building setbacks.

2. Consistent use of architectural details and materials. Architectural style and use of quality materials shall be compatible and consistent throughout an entire mixed-use project. However, differences in architectural details and materials may occur to differentiate between the residential and nonresidential portions of the project. The overall project design and site layout shall be one that promotes an active pedestrian environment and street frontage. This can be accomplished by incorporating the following features into the project:
a. Street level features. Variations in the front building plane shall be incorporated through the use of varying building setbacks, variations in wall planes, and the inclusion of pedestrian amenities (e.g., plaza, courtyard, outdoor dining, landscaping). Long expanses of blank walls shall be prohibited. b. Pedestrian-oriented features. At least 75 percent of the building frontage facing a public street, primary pedestrian way, or parking lot shall be devoted to pedestrianoriented features (e.g., storefronts, pedestrian entrances to nonresidential uses; transparent display windows; landscaping).
c. Upper level features. Upper floor balconies, bays, and windows shall be provided to provide architectural accent and functional balcony space. d. Entrances. When nonresidential and residential uses are located in a vertical mixeduse structure, separate pedestrian entrances shall be provided for each use. The entrances for nonresidential uses shall be designed to be visually distinct from the entrances for residential uses. Entrances to individual residential units in a vertical mixed-use project shall not be allowed along a street frontage. Instead, shared entrances to residential units located above the ground floor shall be from lobbies that serve multiple units.
e. Neighborhood interface. The design of new infill development shall be sensitive to the scale and design characteristics of established structures in abutting residential neighborhoods, with the objective of achieving a visually distinctive transition between the new development and existing neighborhood. Consideration shall be given to factors including, but not limited to, orientation of architectural features, building articulation, and exterior building treatments. f. Lighting. Lighting shall be incorporated along sidewalks or other pedestrian walkways, plazas, paseos, courtyards, and other common open areas to enhance the pedestrian environment and increase public safety.
g. Security. Projects shall be designed to minimize security risks to residents and to minimize the opportunities for vandalism and theft.

C. Site Layout.

1. Location of nonresidential uses along street frontages.

Item Number: 7.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
9 a. For vertical mixed-use projects, only nonresidential uses shall be located on the ground floor along public/private street frontages. Residential uses may be located above the ground floor and in areas that do not have frontage on a street. Up to 20 percent of the ground floor frontage may be occupied by lobby entrances to multiple residential units and pedestrian amenities (e.g., plaza, paseo, or courtyard). b. For horizontal mixed-use projects, the residential portion of the project may have frontage on a public/private street.
c. On corner parcels, the nonresidential space shall wrap around the corner for a distance of at least 30 feet along secondary/side streets.

2. Primary building entrances shall be oriented to the major street on which the structure has frontage, street corner, courtyard, plaza, park, or other structures on the site, but not to interior blocks or parking lots/structures.

3. Site planning shall integrate the street pedestrian environment with the nonresidential uses through the provision of pedestrian-oriented features (e.g., courtyard, plaza, paseo, street furniture, enhanced walkways, lighting, and landscaping).

D. Lighting standards. Lighting for nonresidential uses shall be designed, located, and shielded to ensure that it does not impact the residential uses.

E. Open space standards. Common and private open spaces shall be provided for projects with five units or more as follows:

1. In the MU-N district, a freestanding residential project within a horizontal mixed-use development shall provide common and private open space in compliance with standards for the R-M district. In the MU-C, district, the open space standards for the R-H district shall apply.

2. Residential units that are part of a vertical mixed-use project (i.e., located above the ground floor and above nonresidential uses) shall provide open space as required below:
a. Up to 25 percent of the total open space requirement may be met by counting any private open space areas (patios and balconies) provided within the project. b. The minimum area of any private open space may be in the form of patios or balconies accessible only to the abutting unit.
c. The minimum dimension (length and width) of eligible common open space areas shall be 20 feet. These may be located at grade or above grade and may include terraces, courtyards, rooftop gardens, or other similar areas. d. Common open space areas shall include amenities for residents. e. Sharing of common open space between residential and nonresidential uses may be allowed when it is clear that the open space will provide direct benefit to residents of the project and the public in general subject to the following limitations:
i. Up to 30 percent of the required open space for residential uses in a horizontal mixed-use project may be provided as quasi-public open space within the nonresidential component of the project.
ii. Up to 50 percent of the required open space for residential uses in a vertical mixed-use project may be provided as quasi-public open space within the nonresidential component of the project.

Item Number: 7.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
10 iii. The minimum dimension (length and width) of shared common open space areas shall be 20 feet. These areas shall be located at grade and shall be accessible for use by the general public.
iv. Quasi-public open space areas shall not include outdoor dining areas or other outdoor activity areas for exclusive use by an individual business. v. Quasi-public open space areas are areas located on private property and accessible to the general public. These areas shall include pedestrian oriented amenities, including enhanced seating, lighting, paving, landscaping, public art, water features, and other similar features.

F. Operational standards.

1. Outdoor nonresidential uses in a mixed-use project that includes residential uses shall be prohibited from operating between the hours of 10:00 p.m. and 6:00 a.m. Approval of a conditional use permit may modify these hours.

2. Loading and unloading activities, including refuse collection, shall not take place after 10:00 p.m. or before 7:00 a.m. on any day of the week.

3. Residents, whether owners or tenants, of a mixed-use development project shall be notified in writing before taking up residence that they will be living in an urban environment and that the noise levels may be higher than a typical residential area.

4. The location and design of recycling and refuse storage facilities shall mitigate nuisances from noise and odors when residential uses might be impacted.

5. Residential dwelling unit interiors and private open space areas shall be designed to be sound attenuated against present and future project noise. New vertical mixed-use projects shall provide an acoustical analysis report, by an acoustical engineer, describing the acoustical design features of the structure required to satisfy the exterior and interior noise standards.

G. Parking, loading, and circulation.

1. The total number of parking spaces shall comply with the requirements of Chapter

17.48. A mixed-use project may be required to submit a parking study for review and approval by the City to allow a different requirement through a conditional use permit.

2. Parking facilities shall be separated for nonresidential uses and residential uses, except that guest parking for the residential use may be shared with nonresidential uses.

3. If enclosed parking, including parking garages and structures, is provided for residential and nonresidential portions of a mixed-use project, separate areas/levels shall be provided for each use and separate entrances shall be provided unless it can be demonstrated to the satisfaction of the Community Development Director that this requirement cannot be achieved.

4. Loading areas for nonresidential uses shall be located as far as possible from residential units and shall be completely screened from view from the residential portion of the project and public streets. Loading areas shall be compatible in architectural design and details with the overall project. The location and design of loading areas shall mitigate nuisances from noise when residential uses might be impacted.

Item Number: 7.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
11 5. Separate site access driveways shall be provided for nonresidential and residential uses unless it can be demonstrated to the satisfaction of the Community Development Director that this requirement cannot be achieved. Site access driveways shall i incorporate distinctive design elements, landscape features, and signs to help differentiate access to nonresidential parking areas from access to residential parking areas.

6. Vehicular circulation shall be designed to direct traffic away from adjacent residential streets outside the mixed-use districts to the greatest extent feasible.

H. Trash and Recycling Enclosures.

1. Trash and recycling enclosures for nonresidential uses shall be located as far as possible from residential units and shall be completely screened from view from the residential portion of the project and public streets.

2. Trash and recycling storage facilities shall be integrated into and be compatible with the architectural design and details with the overall project.

3. The location and design of trash and recycling enclosures shall mitigate nuisances from noise and odors.

17.14.050 Residential Development.

A. Design Criteria. The overall design of the project shall be one that promotes a pedestrianfriendly environment and that is oriented towards adjacent streets while still maintaining adequate security for residents.

B. Open Space Design Criteria. Common and private open spaces provided for projects with five or more units shall incorporate the following in the design:

1. Up to 25 percent of the total open space requirement may be met by counting any private exterior open space areas (patios and balconies) provided within the project.

2. The private exterior open space shall be provided in the form of patios or balconies accessible only to the abutting unit.

3. The minimum dimension (length and width) of common open space areas shall be 20 feet. Common open space areas may be located at grade or above grade and may include terraces, courtyards, rooftop gardens, or other similar areas. General open areas that provide access to buildings (e.g., walkways), and required setback areas shall not count towards the common open space requirement unless they meet the minimum dimension and contain amenities.

4. Common open space areas shall include amenities for residents.

D. Security. Projects shall be designed to minimize security risks to residents and to minimize the opportunities for vandalism and theft. This may be accomplished by:

1. Maximizing visibility to common open space areas, internal walkways, and public sidewalks. Use opportunities for natural surveillance to increase visibility.

Item Number: 7.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
12 2. Using walkways, low fences, lighting, signage, and landscaping to clearly guide people and vehicles to and from the proper entrances.

3. Eliminating areas of concealment, hiding places, and dead spaces.

4. Using lighting to improve the visibility of common areas while enhancing the pedestrian environment. Lighting should not be overly bright and should provide a uniform level of light over the subject area to eliminate dark spaces.

17.14.060 Commercial Development.

A. General Requirements. In addition to the development standards outlined within this Chapter, stand-alone commercial development shall comply with design criteria outlined in this Section.

B. Design Criteria. The overall design of a stand-alone commercial development shall:

1. Provide direct pedestrian linkages to adjacent public sidewalks.

2. Provide enhanced pedestrian amenities throughout the project, including seating, pedestrian area lighting, special paving, public art, water features, common open space, directories, and similar items to create a pleasant pedestrian experience.

3. Incorporate architectural design elements and materials that relate to a pedestrian scale.

4. Locate uses in proximity to one another without large intervening parking lots so that it is convenient for people to walk between the various uses and their vehicles parking only once. Parking lots shall be located to the rear of buildings.

5. Create a pedestrian scale and character of development along the street by providing significant wall articulation and varying roof heights, incorporating pedestrian scale elements (e.g., doors, windows, lighting, landscaping), and locating storefronts and common open space areas (e.g., plaza, courtyard, outdoor dining) near the public sidewalk to contribute to an active street environment.

6. Incorporate variations in the front street level building plane through the use of building setbacks, variations in wall planes, and the inclusion of pedestrian amenities (e.g., plaza, courtyard, outdoor dining, landscaping). Long expanses of blank walls shall be prohibited.

7. The design of new infill development shall be sensitive to the scale and design characteristics of established structures in abutting residential neighborhoods, with the objective of achieving visually distinctive transition between the new development and existing neighborhood. Consideration shall be given to factors including, but not limited to, orientation of architectural features, building articulation, and exterior building treatments.

8. Lighting shall be incorporated along sidewalks or other pedestrian walkways, plazas, paseos, courtyards, and other common open areas to enhance the pedestrian environment and increase public safety.

9. Projects shall be designed to minimize security risks to residents and to minimize the opportunities for vandalism and theft by maximizing visibility to common open space areas and internal walkways and minimizing areas of concealment and dead spaces.

10. In the case of either a new single or new multiple building development, a minimum of 50 percent of the primary public street frontage shall be occupied by building Item Number: 7.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
13 frontages that incorporate any of the following: storefront entrances, display windows that provide views into the interior commercial space, plazas, courtyards, outdoor dining areas, or similar features. In the case of a secondary public street frontage, a minimum of 30 percent of the street frontage shall be occupied by building frontages that provide the same amenities as described above.

17.14.070 Live/Work Development.

A. General Requirements. Live/work units are structures or spaces within structures that are used jointly for commercial and residential purposes. The development of live/work units and the reuse of existing nonresidential structures to accommodate live/work opportunities shall comply with the development standards in this Chapter and the use limitations and design criteria of this Section.

B. Specific Requirements for Allowed Uses.

1. The nonresidential component of a live/work unit shall only be a nonresidential use allowed within the applicable mixed-use district, except that certain uses are determined to be incompatible within a shared residential environment and are therefore prohibited as provided in subsection C., below.

2. The residential component of a live/work unit shall only be a residential use allowed within a mixed-use district.

C. Prohibited Uses. A live/work unit shall not be used for any of the following activities:

1. Adult-oriented businesses.

2. Animal care or boarding.

3. Classroom instruction (e.g., art/music lessons, tutoring, and similar uses) involving five or more students at any one time.

4. Commercial food preparation activities.

5. Industrial uses.

6. Vehicle maintenance or repair (e.g., body or mechanical work, including boats and recreational vehicles), vehicle detailing and painting, upholstery, etc.

7. Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use.

8. Medical and dental offices, clinics, and laboratories (not including chiropractors or counselors/psychotherapists).

9. Activities or uses that are incompatible with residential activities that would clearly conflict with other live/work activities or the character of the surrounding neighborhood.

10. Activities or uses that would adversely affect the health or safety of live/work unit residents, because of dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or other impacts, or that would be hazardous because of materials, processes, products, or wastes.

Item Number: 7.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
14 D. Design Standards.

1. Each live/work unit fronting a public street shall have a pedestrian-oriented frontage that allows views into the interior of the nonresidential areas of the unit.

2. Each live/work unit shall have a clearly identified, separate access from other live/work units within the structure or development. Access to individual units shall be from common access areas, parking lots, or walkways. Access to each unit shall be clearly identified to provide for emergency services.

3. The living space within the live/work unit shall be contiguous with the working space, with direct access between the two areas.

E. Operating Standards.

1. No portion of a live/work unit shall be separately sold or rented.

2. The owner or developer of a structure containing live/work units shall provide written notice to all occupants, tenants, and users that the surrounding area may be subject to higher impacts associated with nonresidential uses (e.g., noise) than exist in more predominantly residential areas.

3. All activities related to the "work" component of a live/work unit shall be conducted within a completely enclosed building.

4. Up to two additional persons who do not reside in the live/work unit may work in the unit.

5. Client and customer visits to live/work units are allowed.

6. A live/work unit shall not be converted to either entirely residential use or entirely nonresidential use.

7. A live/work use may display a window or building-mounted signup to a maximum of four-square feet. Signs shall not be illuminated, including neon signs.

Item Number: 7.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
1 EXHIBIT A.5

17.16 INDUSTRIAL DISTRICTS

17.16.010 Purpose.

A. This chapter applies to all development in the Industrial Districts. The purpose of these zoning districts is to:

1. Provide appropriate industrial areas to accommodate enterprises engaged in the manufacturing, processing, creating, repairing, renovating, painting, cleaning, or assembling of goods, merchandise, or equipment.

2. Protection of adjoining residential areas from excessive noise, illumination, unsightliness, odor, smoke, and the objectionable influences.

3. Provide flexibility in the location and design of new developments to anticipate changes in the market;

4. Provide employment opportunities for existing and future residents of the City and those of adjacent communities.

5. Provide adequate space to meet the needs of industrial development, including off-street parking and loading.

6. Minimize traffic congestion and avoid the overloading of utilities.

7. Promote high standards of site planning and landscape design for industrial developments within the City.

8. Promote a mix of industrial uses that provide the City with a sound, diverse and employment enhancing industrial base.

9. Promote and regulate the development of wind, solar and other alternative energy resources available within the City and its sphere of influence.

10. Ensure compatibility with adjacent land uses.

B. The purpose of the individual industrial land use districts are as follows:

1. I-L (Light Industrial) District. This district is intended to retain, enhance, and intensify existing and provide for the new development of lighter industrial uses along major transportation routes serving the City.

2. I-E (Industrial-Energy Production) District. This district is intended to promote the development and harvesting of wind and other energy resources in western areas of the City, while ensuring their compatibility with adjacent land uses. Additionally, this Item Number: 7.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
2 land use district provides for the development of interim uses including, but not limited to, properly screened equipment storage yards, plant nurseries, recreation (non-structural), etc., which do not impair the long-term ability to develop and harvest wind and other energy resources. Wind turbines are herein generally referred to as WECS (wind energy conversion systems).

17.16.020 Permitted uses.

A. Table 17.16.01 lists the uses permitted in each of the Light Industrial and Industrial-Energy Production Districts utilizing the following key:
“P” Use is permitted by right.
“A” Use is accessory to an established primary use.
“AUP” Use requires an Administrative Conditional Use Permit. “CUP” Use requires a Conditional Use Permit.
“TUP” Use requires a Temporary Use Permit.
“--” Use is prohibited.

B. Land uses listed in Table 17.16.01 use definitions from the North American Industry Classification System (NAICS) unless otherwise defined specifically by this Title. The individual land uses permitted in each of the mixed-use districts are grouped in Table

17.14.01 using the major land use categories of Commercial, Industrial, Institutional, Residential and Other.

TABLE 17.16.01
PERMITTED USES – INDUSTRIAL DISTRICTS
USE

INDUSTRIAL

DISTRICTS CODE SECTION

I-L I-E

BUSINESS, FINANCIAL, AND

PROFESSIONAL OFFICE
Automated Teller Machines (ATMs) - Drive up -- --
Business Support Services AUP --
Check Cashing and/or Payday Loans -- --
Financial Institutions and Related Services (without
drive-through facilities) -- --
Office, Business and Professional (excluding
Medical and Dental Office)
A --

EATING AND DRINKING STABLISHMENTS
Bars, Lounges, Nightclubs, and Tasting Rooms CUP -- 17.12.050 Food Preparation/Catering (no on-site sales or
service) AUP --
Restaurant - Full or Limited Service, Serving
Alcohol CUP -- 17.12.050
Item Number: 7.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
3 USE

INDUSTRIAL

DISTRICTS CODE SECTION

I-L I-E
Restaurant – Full or Limited Service, No Alcohol
Sales AUP --
Restaurant with Drive-through Facilities CUP -- 17.16.070 Snack Bar A A

INDUSTRY, MANUFACTURING AND

PROCESSING, AND WAREHOUSING
Brewery, Winery, or Distillery AUP CUP 17.12.050
Data Centers AUP --
Hazardous Waste Facilities -- CUP
Food Processing P --
Furniture and fixtures manufacturing, cabinet
shops, and woodworking shops (wholesale sales
only)
P --
Laboratory – Medical, Analytical, Research,
Testing P --
Laundries and Dry-Cleaning Plants P --
Manufacturing – Heavy -- --
Manufacturing – Light P --
Recycling
Small Collection Facility -- -- 17.12.150
Large Collection Facility CUP CUP 17.12.150
Light Processing CUP CUP 17.12.150
Heavy Processing -- CUP 17.12.150
Reverse Vending Machine A -- 17.12.150
Research and Development P --
Storage – Outdoor AUP CUP
Warehouse, Wholesaling and Distribution P --

LODGING
Hotel and Motel (without spa) -- --
Spa Resort -- --
Homeless Shelters—up to 20 beds P --
Homeless Shelters—more than 20 beds P --

MARIJUANA USES
Marijuana Delivery AUP - 17.180.045
Marijuana Distribution AUP - 17.180.080
Marijuana Cultivation AUP - 17.180.050
Marijuana Manufacturing AUP - 17.180.060
Marijuana Storefront Retail -- -- 17.180.040
Item Number: 7.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
4 USE

INDUSTRIAL

DISTRICTS CODE SECTION

I-L I-E
Marijuana Testing Facilities AUP - 17.180.070

MEDICAL-RELATED AND CARE USES
Ambulance Fleet P --
Clinic and Urgent Care AUP --
Day Care Center -- --
Health Facilities, Therapy and Rehabilitation CUP --
Hospital CUP --
Office, Medical and Dental Office -- --
Residential Care Facilities -- --

PUBLIC AND ASSEMBLY USES
Cultural Institutions P --
Public Assembly Facilities CUP --
Religious Assembly Facilities CUP --
Schools, Private -- --
Trade and Vocational Schools P --
Tutoring and Education Centers -- --

RECREATION AND ENTERTAINMENT
Arcade (Electronic Game Center) -- --
Commercial Recreation – Indoors AUP --
Commercial Recreation – Outdoors AUP --
Entertainment, Indoor -- --
Health/Fitness Facilities
Health/Fitness Facilities – Small AUP --
Health/Fitness Facilities – Large AUP --

RETAIL USES
Alcohol Beverage Sales
Alcohol Sales, for Off-Site Consumption -- --
Alcoholic beverage sales, for on-site or off-site
consumption, in conjunction with an allowed
use
CUP --
Building Materials and Services, Indoor P --
Building Materials and Services, Outdoor AUP --
Convenience Store, No Alcohol Sales P -- 17.16.060
Farmers’ Market -- --
Grocery Store -- --
Nurseries and Garden Centers P AUP
Item Number: 7.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
5 USE

INDUSTRIAL

DISTRICTS CODE SECTION

I-L I-E
Outdoor Temporary and/or Seasonal Sales TUP --
Recreational Equipment Rentals – Indoor Only P --
Retail Sales - General -- --
Retail Sales - Restricted CUP --
Vehicle Sales and Rental CUP --
Large Vehicle, Construction, and Heavy Equipment
Sales, Service, and Rental AUP --

SERVICE USES
Animal Care, Services
Animal Boarding/Kennels, Grooming AUP --
Veterinary Services, Large Animal CUP --
Veterinary Services, Small Animal AUP --
Funeral Parlors and Internment Services P --
Instructional Services -- --
Maintenance and Repair Services - Indoor P --
Moving Companies, Storage Allowed P --
Personal Services, General P --
Personal Services, Restricted CUP --
Recording Studio P --
Social Service Facilities -- --
Storage
Storage - Personal CUP CUP 17.16.080
Storage – Outdoor Recreational Vehicle
Storage CUP CUP
Vehicle Repair and Services
Service/Fueling Station AUP -- 17.16.100
Vehicle Washing/Detailing AUP --
Vehicle Service, Minor P --
Vehicle Service, Major AUP --

TRANSPORTATION, COMMUNICATION,

AND INFRASTRUCTURE USES
Car Sharing – Parking AUP --
Freight and Trucking Terminals CUP --
Parking Facility - Temporary TUP --
Solar Farm A AUP
Utility Facilities - Staffed AUP AUP
Utility Facility - Unstaffed P P
Item Number: 7.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
6 USE

INDUSTRIAL

DISTRICTS CODE SECTION

I-L I-E
Vehicle Charging Stations - Commercial AUP AUP
Vehicle Storage CUP CUP
Wind Machines and Wind Farms CUP CUP 17.16.140
Wireless Communication Facilities - Minor P P
Wireless Communication Facilities - Major CUP CUP
Wireless Telecommunication Facilities,
Satellite Dish Antenna P P

OTHER USES
Caretaker Quarters A A
Donation Boxes - Outdoors -- --
Drive-Through or Drive-Up Facilities CUP --
Vending Machine A --
Item Number: 7.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
1 EXHIBIT A.6

17.64.010 Purpose.

A. The purpose of Chapters 17.64 through 17.140 is to outline procedures for filing and processing the various land use permits, subdivision maps, variances and other regulatory review and approval responsibilities of the City. Chapters 17.64 through 17.140 also provide for the review and processing of development agreements, amendments to the General Plan and this Zoning Ordinance.

B. The system of regulatory review and permit approval provides a full range of processing options gauged to the type of use and its intensity and appropriateness. Table 17.64.01 (Review Authority) identifies the full range of land use permit options and applicable final review authority. Appeals of Director determinations are to the Planning Commission and appeals of Planning Commission determinations are to the City Council.

Table 17.64.01

REVIEW AUTHORITY
Type of Application Applicable
Code Section Director Planning Commission
City
Council
Ministerial (Staff Level)
Certificate of Occupancy 17.72 X
Development Permits - Administrative
Single-family Residential Housing –
1 structure 17.92
X
Antennae117.40.060 X
Fences and Walls 17.40.110 X
Large Family Day Care 17.08.070 X
Development Permits - Minor
Minor Additions to existing
Commercial or Industrial Buildings 17.92
X
Home Occupation Permits 17.108 X
Interpretations (Zoning Ordinance) 17.112 X
Landscape Plans 17.56 X
Lot Line or Boundary Adjustment 16.20.110 X
4 Minor Exceptions 17.116 X
Minor Modifications 17.120 X
Sign Permits 17.44 X
Temporary Use Permits117.136 X
Item Number: 7.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
2 Table 17.64.01

REVIEW AUTHORITY
Type of Application Applicable
Code Section Director Planning Commission
City
Council
Tree Removal 17.56.090 X
Zoning Compliance/Approval
Accessory Structures in Residential
Zones not Requiring a Building
Permit
X
Building Color Modifications on
Nonresidential Buildings1 X
Tenant Improvements/Occupancy
Permit for Nonresidential Uses
(where no other approval required)
X
Quasi-Judicial
Administrative Conditional Use Permit 17.74 X
Conditional Use Permits 17.76 X
Design Review – If Required by a
Specific Plan or Conditions of Approval 17.80
X
Development Permits - Major
Residential
Single-family housing –
Subdivision

17.92 X
Multifamily Housing
(2 to 4 units)

17.92;

17.08.140;

17.08.270 to

17.08.290
X (X)
Multifamily Housing
(5 units or more)

17.92;

17.08.140;

17.08.270 to

17.08.290
X
Commercial, Industrial, and Institutional
New Construction on Vacant Lot 17.92 X
All Other Improvements, other
than those listed above subject
Zoning Compliance/Approval 17.92
X
Item Number: 7.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
3 Table 17.64.01

REVIEW AUTHORITY
Type of Application Applicable
Code Section Director Planning Commission
City
Council
Recycling Facilities 17.92 X
Final Maps 16.20 X
General Plan Interpretations 17.112 X
Reversions to Acreage216.20.120 X
Sign Program 17.44 X
Tentative Parcel Maps 16.20 X
Variances 17.140 X
Legislative
Development Agreements 17.84 X
General Plan Amendments 17.100 (X) 3 X
Planned Development Districts 17.36 (X) 3 X
Specific Plans 17.128 (X) 3 X
Surface Mining and Land Reclamation 17.132 (X) 3 X
Tentative Tract Maps 16.24, 16.28 (X) 3 X
Zoning Ordinance Amendments 17.88 (X) 3 X
Notes:
1 The Director has the authority to refer Director level approval application to the Planning Commission. 2 The merger of four or fewer parcels is subject to approval by the City Engineer, pursuant to Section 16.20.100. 3 The Planning Commission recommends to the City Council for final determination. (Prior code § 159.31.010)
Item Number: 7.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
1 EXHIBIT A.7
Chapter 17.74 ADMINISTRATIVE CONDITIONAL USE PERMITS

17.74.010 Purpose.

The purpose of this Chapter is to provide a Director-level process for reviewing land uses that may be appropriate in the applicable zone but whose effects on a site and surrounding uses cannot be determined absent a discretionary review process. Certain types of land uses may require special conditions in a particular zone or physical location within the City because they possess unique characteristics or present special problems that make automatic inclusion as permitted uses either impractical or undesirable due to potential and unforeseeable impacts to the surrounding area.

Administrative Conditional Use Permit procedures are intended to provide sufficient flexibility in the use regulations to further the objectives of this Title and to provide the City with the opportunity to impose special conditions to mitigate potential impacts that could result from allowing the use(s) at the requested location.

17.7 4.020 Application.

An application for an Administrative Conditional Use Permit (AUP) shall be filed in a manner consistent with the requirements contained in Chapter 17.68 (Applications and Fees).

17.74.030 Project review and action.

A. Administrative Conditional Use Permit applications shall be analyzed and reviewed by the Director or his/her designee for consistency with the intent and the purpose of this Chapter, the provisions of this Title, and the General Plan. The Director or designee shall have the authority to approve, approve with conditions, or deny the application.

B. No public notice and no public hearing shall be required for an Administrative Conditional Use Permit.

Within 20 working days from the date an application is deemed complete, the Director shall issue a written determination as to the approval, conditional approval, or denial of the application. The written determination shall state the findings for the decision.

17.74.040 Conditions.

In approving an Administrative Conditional Use Permit, the Director or designee may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with this Chapter, State law, and with the findings required by Section 17.74.050 (Findings).

17.74.050 Findings.

The Director or designee may approve and/or modify an Administrative Conditional Use Permit application in whole or in part, with or without conditions, only if all of the following findings are made:

A. That the proposed use is conditionally permitted within the subject zone and complies with all of the applicable provisions of this Title;
B. That the proposed use would not impair the integrity and character of the zone in which it is to be located;
Item Number: 7.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
2 C. That the subject site is physically suitable for the type and intensity of land use being proposed; D. That the proposed use is compatible with any land uses that may already exist on the subject property; E. That the proposed use would be compatible with existing and future land uses within the general area in which the proposed use is to be located;
F. That the proposed use is compatible in scale, mass, coverage, density, and intensity with all adjacent land uses;
G. That there are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety; H. That there will be adequate provisions for public access to serve the subject use; and I. That the proposed use is consistent with applicable goals and policies of the General Plan.

17.74.060 Use of property before final decision.

In no instance shall a permit be issued for any use involved in an application for approval of an Administrative Conditional Use Permit until, and unless, the same shall have become final.

17.74.070 Administrative Conditional Use Permit approval expiration.

A. Administrative Conditional Use Permits which are not exercised by the commencement of construction within two years from the date of approval shall become null and void. In addition, if after issuance of a building permit, work is discontinued for a period of one year, the Administrative Conditional Use Permit shall become null and void, unless extended.

Further, if after issuance of a grading permit, work is discontinued for a period of six months, then the Administrative Conditional Use Permit shall become null and void, unless extended. Projects may be built in phases if pre-approved by the review authority. If a project is built in pre-approved phases, each subsequent phase shall have two years from the previous phase’s date of construction commencement to the next phase’s date of construction commencement to have occurred, or the Administrative Conditional Use Permit shall become null and void.

B. For any Administrative Conditional Use Permit not requiring issuance of a building permit or grading permit, exercise of the approval shall be issuance of a business license.

17.74.080 Modification of Administrative Conditional Use Permit.

An approved Administrative Conditional Use Permit may be modified pursuant to Chapter 17.68 (Applications and Fees). Minor modifications to an approved Administrative Conditional Use Permit may be approved by the Director pursuant to Chapter 17.120 (Minor Modifications).

17.74.090 Revocation.

A. The City may initiate proceedings to revoke or modify an Administrative Conditional Use Permit granted pursuant to the provisions of this chapter by using the procedures set forth in the applicable sections of Chapter 4.36 of the Desert Hot Springs Municipal Code, or successor chapter.

B. An Administrative Conditional Use Permit may be revoked or modified if one or more of the following findings can be made:

Item Number: 7.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
3 1. That circumstances have changed so that one or more of the findings contained in Section 17.74.050 can no longer be made;

2. The Administrative Conditional Use Permit was obtained by misrepresentation or fraud;

3. The use for which the Administrative Conditional Use Permit was granted had ceased or was suspended for six or more consecutive calendar months;

4. One or more of the conditions of the Administrative Conditional Use Permit have not been met;

5. The use or permit holder is in violation of any statute, ordinance, law, or regulation; and/or

6. The use permitted by the Administrative Conditional Use Permit has subsequently been determined to be detrimental to the public health, safety, or welfare or constitutes a nuisance.

17.74.100 Administrative Conditional Use Permit to Run with the Land.

Administrative Conditional Use Permits are granted pursuant to the provisions of this Chapter and shall continue to be valid upon a change of ownership of the site, business, service, use or structure which was the subject of the permit application.

Item Number: 7.

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OS-C
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OS-C
OS-C
SP
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SP
R-RD
OS-C
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SP
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OS-C
R-L
R-RD
P
I-L
R-RD
P
R-RD
SP
SP
R-RD
SP
P
SP
I-L
C-BP
R-RD
OS-C
R-H
OS-C
OS-C
OS-C
R-L
R-M
R-RD
R-L
R-M
R-L
OS-C
P
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VS-C
R-L
OS-C
R-L
C-G
OS-C
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OS-C
OS-C
R-RD
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C-BP
R-RD
C-BP
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R-RD
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OS-C
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MU-C
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R-RD
R-RD
C-BP
MU-C
R-M
OS-C
R-RD
P
R-L
R-H
SP
C-G
R-L
R-RD
P
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OS-C
C-G
R-M
R-RD
R-M
R-L
R-M
MU-C
OS-C
C-BP
R-L
P
C-H
MU-C
C-BP
MU-C
C-G
VS-C
MU-C
MU-C
C-G
P
R-RD
P
OS-R
R-L
R-RD
R-H
R-M
C-G
R-L
R-M

MU-N C-G
R-L
OS-C
R-L
R-L
R-L
C-N
OS-R
R-RD
MU-C
R-RD
OS-R
C-H
OS-C
SP
C-N
MU-N
MU-N
R-H
P
OS-R
R-H
MU-N
P
R-L
R-L
R-L
R-L
R-L
R-L
SP
SP
R-L
R-L
R-L
P
R-L
R-L
SP
R-L
R-L
R-L
SP
R-M
R-L
SP
R-L
R-RD
VS-MU
R-L
R-M
R-M
R-M
VS-MU
MU-C
R-H
R-H
VS-C
VS-C
VS-C

VS-C R-L

VS-C VS-C
VS-C
R-L
VS-MU
I-L
I-L
VS-MU
VS-MU
P
P
P
C-N
OS-R
OS-R
Sunset Ridge
Specific Plan
Tuscan Hills
Specific Plan
Rancho Royale
Specific Plan
Skyborne
Specific Plan
Two Bunch Palms
Specific Plan
Ranch Oasis
Specific Plan
Aventura Palms IISpecific Plan
Rancho Royale
Specific Plan
Walmart Retail CenterSpecific Plan
Desert Land
Ventures
Specific Plan
Coachillin
Specific Plan
Desert
Harvest
Specific Plan
Mountain View
Country Estates
Specific Plan
Highland Falls
Amendment District
Mission Creek Trails
Amendment District
Rancho Royale
Specific Plan
I-10
SH-62

PALM DR

DILLON RD

WORSLEY RD
20TH AVE

PIERSON BLV

HACIENDA DR
8TH ST

MISSION CREEK RD

LITTLE MORONGO RD

N INDIAN CANYON DR INDIAN AVE

MISSION LAKES BLV
4TH ST

CACTUS DR

MOUNTAIN VIEW RD
5TH ST
18TH AVE
6TH ST
3RD ST

BUBBLING WELLS RD
1ST ST

VARNER RD

PIERSON BLVD
12TH ST

MESQUITE AVE

VERBENA DR
21ST AVE
7TH ST

DESERT VIEW AVE

CHOLLA DR
2ND ST
13TH AVE
16TH AVE
15TH AVE
14TH AVE

ACOMA AVE

IRONWOOD DR

KAREN AVE

MICRO PL

WEST AVE

VIA VISTA

UN TI ED RD

SCENIC DR

CAHUILLA AVE

SIERRA BLV

LONG CANYON RD
19TH AVE

YERXA RD

PAINTED HILLS RD
KAY RD

INAJA ST

BUENA VISTA AVE

WESTERN AVE

SANTA CRUZ RD
8TH AVE

VIA QUEDO

VIA MONTANA

CAMINO AVENTURA

HIDALGO ST

SERENDIPITY RD
14TH ST

TAMAR DR

SUNLAND RD

HACIENDA AVE

POMELO DR

VERNON RD

M RI ACLE H LI L RD

JUNE RD

QU NI TA WY

RUBY DR

WEST DR

VIA REAL

MAPLE RD

GRANADA AVE

BLAIR RD

ATLANTIC AVE

CUANDO WY

YUCCA DR

LA SALLE

SEELEY ST

ANNADALE AVE

EL RIO LN

DAVE AVE

MARION RD

AMBROSIO DR

INYO DR

AVENIDA DESCANSO

AVEN DI A M RI OLA

CAROL DR

JUL AI N DR

CABOT RD

ZETA RD

CAMINO CAMPANERO

AVEN DI A RAMBLA

CLUBHOUSE BLV

PROMENADE DR

VALENCIA DR

DIABLO RD

TWO BUNCH PALMS TR

AVENIDA ATEZADA

FLORA AVE

BLUMA AVE

REDBUD RD

CREST ST

OLD MORONGO RD

VIA LORETO

GATEWAY BLV

ELAINE DR

AVENIDA RAMADA

SONORA DR

MEL SI SA LN

OAKMOUNT BLV

RAMONA DR

LAMESA DR

CLAIRE AVE

ELISEO RD

MOLLIES AVE

PACIFIC AVE

OCOTILLO RD

THOMAS AVE

CALIENTE DR

ANGELA DR

EL CAJON DR

GLORY VIEW RD

SILVER STAR AVE

FAR VIEW RD

AUGUSTA AVE

DIABLO ST

THORNTON RD

FLORENCE DR

SUMAC DR

AVENIDA BARONA

PANORAMA DR

TRAM V EI W RD

SPYGLASS AVE

WARW CI K DR

CUYAMACA DR

KNOLL DR

DEODAR AVE

ESTRADA ST

WINDHAVEN RD

AVENIDA MONTEFLORA

CAMINO CAMPESINO

WOLVEN ST

LUIS DR
10TH ST

OPPERMAN RD

SUNSET AVE

NANCY DR

BANDERA ST

THUMB DR

SKYLINE DR

LUNA RD S

SAN ARDO RD

MAUI WY

AVEN DI A V SI TA

PALOMAR LN
BOBCAT

CALLE DE LOS ROMOS

ORMA VISTA DR

KEITH ST

VISTA DEL VALLE

NEW VIEW DR

HERMANO WY

SANTA YSABEL DR

AUGUA CAYENDO RD

CALLE CERRITO

AZANIA AVE

FALCON DR

COVEY ST

MCCARGER RD

AVEN DI A MERCED

SAN RAFAEL RD

GARY AVE

PASEO YUCCA VISTA

VIA CORTO WEST

LOU SI E ST

PR CI KLY PEAR TR

MOUNTAIN VIEW DR

SAN FELIPE RD

TERRACE WY

VISTA PL

E A R ROYO DR

SAR TI A DR

NAHUM DR

SAN MARCUS RD

EL MIRADOR BLV

P SI CES WY

CAPILAND RD

PARK LN

CLUB HOUSE DR

GALILEO PL

PARMA DR

AVEN DI A FLORENCITA AVEN DI A MANZANA

VIA DOMINGO

REPOSO WY
COUGAR

SAN JACINTO LN

BROOKLINE AVE

AVENIDA ALTA LOMA

CATALPA AVE

ESPARTA AVE

CASA GRANDE DR

COTTONWOOD DR

MARION WY

MARK DR
AVA CT

W ARROYO DR

DEL REY LN

DERONDA AVE

LOMA VISTA RD

DEL RAY LN

ESTRELLA AVE

SYCAMORE RD

CENTEN NIAL P L

LOUISAN RD

KRANSHIRE RD

PAINT BRUSH TR

FOXDALE DR

SKYBORNE DR

BEACON WY

KIT ETAIL DR

SAN MIGUEL RD

SAGEBRUSH TR

AVENIDA CADENA

MAUNA LOA RD

BEECH AVE

YAQUI LN

SAN GORGONIO LN

CRESENT DR

EL SOL DR

CALLE AZTECA

HOYLAKE RD

GOLDEN EAGLE WY

CAROB TREE DR

TUMBLEWEED TR

AVALON PL

SANBORN ST

CHUCKWALLA TR

MARY CIR

CANYON DR

NORTH CRESCENT ST

SAN SIMEON DR

AURORA PL

ARNOLD AVE

SATURN LN

BRAE BURN AVE

AVENIDA DORADO

MOON DR

SAND HILL

PIONEER TR

SYLVANOS RD

EL SERAPE TR

HOUGH RD

WH TI E SAGE TR

SAN RAFAEL DR

RAINBOW LN

VIA DEL SOL

WH TI EWATER

SUMMIT PAS

SKY RIDGE WY

CALLE BLANCO

AVENIDA LADERA

SAN PABLO RD

JASMINE DR

HIGHWING ST

ORION TERRACE

KIMLIN AVE

MONTEREY RD

POLARIS ST

AVENIDA JALISCO

LANTANA LN

ROLLING HILLS DR

HEARTLAND WY

TEAGARDEN DR

HIGHLAND AVE

ROSEMONT AVE

DESERT WILLOW DR

SANTA ROSA RD

SPRUCE ST

MOUNTAIN TOP CT

QUA LI R DI GE

ANTELOPE

SOUTH STARCROSS DR

SAN REMO RD

MESA AVE

VIEW RD

VIA CORTO EAST

SOUTH CRESCENT ST

HORIZON DR

AVENIDA SERENA

SKYPOINTE D R

SAN JUAN RD

CALLE ESCORIAL

CAMINO SILVOSO

SCENIC CREST C RI

SAN TOMAS ST

CAMINO IDILIO

TARBUTTON RD

ROADRUNNER

VIA DEL PUEBLO

OVERLOO K DR

SAN BRUNO RD

ROUNDUP DR

RAYO DEL SOL

CALLE AMAPOLA

MERCURY DR N

PINEHURST CIR

CLOW LN

VISTA DR

AGU A DULCE DR

SAN DIEGO DR

JAYNE ST

MEADOWS WY

SALTON VIEW RD

ROCHELLE RD

BINNIE ST

AVENIDA HERMOSA

SUSAN WY

SAN JACINTO ST

ROCKIES AVE

NORTH STARCROSS DR

AVENIDA PICO

SAN ANTONIO ST

WHITNEY CT

PAUL RD

UPLAND WY

ARBOR ST

DORAL DR

HACIENDA HEIGHTS DR

CASA LOMA RD

VALPARAISO DR

SKYRIS E DR

HATCHET CACTUS DR

NORTH STAR LN

SAN JOSE RD

BALD EAGLE LN

SIWANOY DR

BUCKBOARD LN

CALLE AGUA CALIENTE

JOSEPH WY

CANYON COUNTRY RD

C RI CLE B DR

LARIAT LN

PACIFICA BLV

APAWAMIS RD

PUESTA DEL SOL

PYRENESS AVE

MOUNTA NI HAWK LN

SALIDA DEL SOL PL

NICOLE CIR

N CILLE WY

BLUE SKY CIR

WHITEWATER CUTOFF

CLUB CIRCLE DR

ELDORADO PL

EL SOMBRERO LN

WILLOW CREEK

PROSPECT WY

LIDO CT

AGAVE WY

DESERT TER

MADRE LN

EAGLE MOUNTAIN AVE

ANNANDALE AVE

CORSAIR ST

ACACIA AVE

LEITH AVE

MOUNTAIN PAS

LA SALLE RD

NORTH CANDLE TREE LN

BROKEN ARROW LN

DON ENGLISH WY

AVENIDA GRACIA

ARENA BLANCA RD

CALLE BONITA

INGLEWOOD AVE

ORIS WY

SUMMERWALK DR

CLARENCE ST

EKWANOK DR

PROUDLAND DR ARDEN WY

MOJAVE RD

OCOTILLO TR

CA LLE LAS T IENDAS

CLIFF CIR S

CONGRESSIONAL RD

LOFTWOO D ST

CLIFF CIR N

CATS CLAW RD

DUNES PAS

SAN CARLOS RD

ORTEGA DR

TROON CT

TUNITAS RD
BOB RD

VIA CORTO

AFORTUNADO DR

ENCHANTED RD

SAN LORENZO DR

PEAK DR

SKYWAY DR

PEQUENA DR

LOVAS CT

EAS T PARKW ALK LN

WEST PARKWALK LN

AVENIDA SUENOS

COUNTRY V EI W RD

VISTA CIR

MONTERICO RD

SA N FIDEL WY

V A RDO N CT

TENTH ST

ASTORIA PL

MERCURY DR S

TWELFTH ST

SAN GORGONIO ST

OASIS DR

PASATIEMPO DR

LEONARDO DR

CAMINO CAP SI TRANO

ARGONNE RD

SANDERLING CT

SUNRISE DR

DESERT AIR CT

CARLOS ST
KEY WY

EGAN CT

PECOS RD

FARRIS DR

WEST SIDE DR

SMOKEWOOD CIR

CACTUS APPLE DR

BERNARDO WY

AVEN DI A DELORES

AVONDALE RD

SAN LUCAS RD

SUMM TI VIEW CT

PINTO WY

BOROS CT

MC GARGER RD

SMITH CT

BURKE CT

LEMA CT YOSEMITE LN

LEONARD CT

CAMINO DEL SOL

BARNES CT

TACO WY

VALLEY VIEW CT

DEL RAY CT

ELM AVE

JUNIPER DR
I-10

CABOT RD

VIA QUEDO

SAGEBRUSH TR

THOMAS AVE

PIERSON BLV

VERBENA DR

TWO BUNCH PALMS TR

DESERT VIEW AVE

KAREN AVE

CALLE AMAPOLA

WEST DR
18TH AVE

DESERT VIEW AVE AMBROS OI DR

VIA REAL

CAMINO CAMPESINO

MISSION CREEK RD

AVENIDA DORADO

TENTH ST

OCOTILLO RD

TWO BUNCH PALMS TR
5TH ST

AVENIDA CADENA

FOXDALE DR
16TH AVE

CAMINO AVENTURA

OCOTILLO RD
4TH ST

ANNADALE AVE

MAUI WY

GOLDEN EAGLE WY

WEST DR
10TH ST
I-10

ACOMA AVE

COVEY ST

MISSION LAKES BLV

AVENIDA MANZANA

FARRIS DR

DESERT TER

SKYBORNE DR

SUMAC DR

INDIAN AVE

SAN REMO RD

ATLANTIC AVE
I-10

WEST DR

CAMINO IDILIO

AVENIDA DORADO

CHOLLA DR
16TH AVE CAMINO AVENTURA

PALM DR

LITTLE MORONGO RD

N INDIAN CANYON DR

EL RIO LN

PA NI T BRUSH TR

DILLON RD

ATLANT CI AVE
18TH AVE

MESQU TI E AVE

ACOMA AVE

POMELO DR

DIABLO RD

FOXDALE DR
16TH AVE

FLORA AVE

LONG CANYON RD

VIA REAL

AVENIDA MERCED

CACTUS DR

ESTRELLA AVE
Zoning Map
City of Desert Hot Springs
Zoning Districts
R-RD: Residential Rural Desert R-L: Residential LowR-M: Residential MediumR-H: Residential HighC-N: Neighborhood CommercialC-G: General CommercialC-D: Downtown CommercialC-H: Highway CommercialC-BP: Business ParkVS-C: Visitor-Serving CommercialVS-M: Visitor-Serving MixedMU-N: Mixed-Use Neighborhood MU-C: Mixed-Use CorridorI-L: Light Industrial I-E: Industrial-Energy ProductionOS-C: Open Space - ConservationOS-R: Open Space - Recreational ParkOS-P: Open Space - PrivateSP: Specific PlanP: Public/Institutional Base Map Features
City BoundarySphere of Influence
0 0.5 1 1.5 2 0.25
Miles
°Source: City of Desert Hot Springs, 2020.Date: May 27, 2020.

Zoning Overlays
Arts and Culture OverlayIndustrial Cannabis OverlayEnergy Overlay Specific Plan Boundaries
Specific Plans
!!!!!!!!!!!!!!!! Specific Plan Amendment Districts
Item Number: 7.

Item Number: 7.

SR-22-002
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: January 18, 2022
Department: Community Development
Prepared by: Juan Carrillo, Principal Planner
Subject: An Ordinance 1) Adding Section 16.24.095 "SB9 Parcel Map Standards" and 2) Amending Certain Sections of Chapter 17.08 "Residential Districts" in Order to Comply With Senate Bill 9
RECOMMENDATION:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open Public Hearing;
4) Take public testimony of those in favor;
5) Take public testimony of those in opposition;
6) Take public testimony of those neutral;
7) Close the Public Hearing;
8) City Council discussion and questions to Staff; and
9) Introduce for First Reading and read by title only: "An Ordinance of the City Council of the City of Desert Hot Springs, California, 1) Adding Section 16.24.095 "SB9 Parcel Map Standards" and 2) Amending Certain Sections of Chapter 17.08 "Residential Districts" in order to comply with Senate Bill

9."
BACKGROUND:

On December 14, 2021, the Planning Commission made a recommendation that the City Council approve the above-mentioned ordinance in order to comply with Senate Bill 9. Senate Bill 9 (SB 9) requires a proposed urban lot split or housing development containing two residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposal meets certain requirements. Local agencies are allowed to apply additional objective zoning, subdivision, and design review standards as long as those standards would not physically preclude construction of two residential units of at least 800 square feet on each lot. Proposed amendments to Desert Hot Springs Municipal Code (DHSMC) would implement SB 9 citywide.

DISCUSSION:

Senate Bill 9 SB 9 was signed by Governor Newsom on September 16, 2021 and becomes effective January 1, 2022 (Exhibit 2 – Senate Bill No. 9). This bill requires a proposed urban lot split or housing development containing no more than two residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements. Requirements include, among others:

Item Number: 8.

SR-22-002
• That the urban lot split or proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; • That the urban lot split or proposed housing development would not require demolition or alteration of housing that has been occupied by a tenant in the last three years; • That the urban lot split or proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls (unless a local ordinance so allows); • That any units developed under these regulations be rented for more than 30 consecutive days and applicants of urban lot splits must sign an affidavit stating that they intend to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split;
• That the urban lot split or proposed development is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.

SB 9 allows a local agency to impose objective zoning, design, and subdivision standards unless those standards would have the effect of physically precluding the construction of two residential units on either of the resulting parcels or physically precluding either of the two units from being at least 800 square feet in floor area.

The proposed Ordinance allows urban lot splits and sets forth other objective development standards to comply with SB 9.

ATTACHMENTS:

Exhibit 1 - Ordinance SB9
Exhibit 2 - Senate Bill 9 Legislation
Item Number: 8.

ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS, CALIFORNIA, 1) ADDING SECTION 16.24.095 “SB9 PARCEL MAP STANDARDS” AND 2) AMENDING CERTAIN SECTIONS OF CHAPTER 17.08 “RESIDENTIAL DISTRICTS” IN ORDER TO COMPLY WITH SENATE BILL 9 WHEREAS, the City of Desert Hot Springs is a charter City; and WHEREAS, Title 16 of the Desert Hot Springs Municipal Code (DHSMC) regulates subdivisions and
WHEREAS, Chapter 17.08 of the DHSMC regulates Residential Districts; and WHEREAS, Senate Bill 9 (“SB9”) was passed in September 2021, and takes effect January 1, 2022; and
WHEREAS, SB9, among other things, would require a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements; and WHEREAS, SB 9 sets forth what a local agency can and cannot require in approving the construction of 2 residential units, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of up to 2 units or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances; and WHEREAS, SB9, among other things, requires a local agency to ministerially approve a parcel map for an urban lot split that meets certain requirements, including, but not limited to, that the urban lot split would not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the parcel is located within a single-family residential zone, and that the parcel is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district; and
WHEREAS, SB 9 established the ministerial review processes described above, would thereby exempt the approval of projects subject to those processes from CEQA; and
Item Number: 8.

WHEREAS, the City deems that this Resolution is in the best interest of the City’s public health, safety, and welfare.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Desert Hot Springs as follows:

Section 1. RECITALS
That the foregoing recitals are true and correct and are herein adopted by this reference.

Section 7. ADDITION OF SECTION 16.24.095 “SB9 Parcel Map Standards” Section 16.24.095 shall be added to read as follows:

16.24.095 SB9 Parcel Map Standards
A. Notwithstanding any other provision of this section and any local law, the City shall ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the City determines that the parcel map for the urban lot split meets all the following requirements:

1. The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.

2. Both newly created parcels are no smaller than 1,200 square feet.

3. The parcel being subdivided meets all the following requirements:
a. The parcel is located within a single-family residential zone. b. The parcel subject to the proposed urban lot split is located within the City, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. c. The parcel is not located on a site that is any of the following:
i. Either prime farmland or farmland of statewide
importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the
Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction. ii. Wetlands, as defined in the United States Fish and
Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). iii. Within a very high fire hazard severity zone, as
determined by the Department of Forestry and Fire Protection Item Number: 8.

pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to
Section 4202 of the Public Resources Code, except sites excluded from the specified hazard zones by the City pursuant to subdivision (b) of Government Code Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
iv. A hazardous waste site that is listed pursuant to
Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
v. Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with
applicable seismic protection building code standards
adopted by the California Building Standards Commission under the California Building Standards Law, and by any local building department under Chapter 12.2 of Division 1 of Title 2 of Government code.
vi. Within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency
Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the City shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:

A. The site has been subject to a Letter of Map
Revision prepared by the Federal Emergency
Management Agency and issued to the local
jurisdiction.

B. The site meets Federal Emergency Management
Agency requirements necessary to meet minimum flood
plain management criteria of the National Flood
Item Number: 8.

Insurance Program pursuant to Part 59 and Part 60 of
Subchapter B of Chapter I of Title 44 of the Code of
Federal Regulations.
vii. Within a regulatory floodway as determined by the
Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency,
unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the City shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
viii. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural
Community Conservation Planning Act, habitat conservation plan pursuant to the federal Endangered Species Act of 1973, or other adopted natural resource protection plan.
ix. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973, the California
Endangered Species Act, or the Native Plant Protection Act. x. Lands under conservation easement.
d. The proposed urban lot split would not require demolition or alteration of any of the following types of housing:
i. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
ii. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. iii. A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
iv. Housing that has been occupied by a tenant in the last three years.
e. The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a Item Number: 8.

city or county landmark or historic property or district pursuant to a city or county ordinance.
f. The parcel has not been established through prior exercise of an urban lot split as provided for in this section.
g. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section.

B. An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements:

1. The City shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review.

2. The City shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act, except as otherwise expressly provided in this section.

C. Notwithstanding subdivision A, the City may deny an urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

D. In addition to any conditions established in accordance with this section, the City may require any of the following conditions when considering an application for a parcel map for an urban lot split:

1. Easements required for the provision of public services and facilities.

2. A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way.

3. Off-street parking of up to one space per unit, except that the City shall not impose parking requirements in either of the following instances:
a. The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code. b. There is a car share vehicle located within one block of the parcel.

E. The uses allowed on a lot created by this section are limited to residential uses.

F. An applicant for an urban lot split shall sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.

This subdivision shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.

G. A rental of any unit created pursuant to this section must be for a term longer than 30 days.

Item Number: 8.

H. The City shall not be required to permit more than two units on a parcel created through the exercise of the authority contained within this section. For the purposes of this section, “unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21 of the Government Code, a primary dwelling, an accessory dwelling unit a s defined in Section 65852.2 of the Government Code, or a junior accessory dwelling unit as defined in Section 65852.22 of the Government Code.

I. An application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.

J. Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of, except that the City shall not be required to hold public hearings for coastal development permit applications for urban lot splits pursuant to this section.

Section 3. AMENDMENT OF SECTION 17.08.020 “Permitted Uses” AND LAND USE TALBE 17.08.01 OF THE DESERT HOT SPRINGS MUNICIPAL
CODE
Section 17.08.020 and Land Use Table 17.08.01 shall be amended to read as follows:

17.08.020 Permitted uses.

A. Table 17.08.01 lists the uses permitted in each of the residential zoning districts using the following key:
“P” Use is permitted by right.
“A” Use is accessory to an established primary use.
“AUP” Use requires an Administrative Conditional Use Permit. “CUP” Use requires a Conditional Use Permit.
“TUP” Use requires a Temporary Use Permit.
“—” Use is prohibited.

B. Land uses listed in Table 17.08.01 use definitions from the North American Industry Classification System (NAICS) unless otherwise defined specifically by this title. The individual land uses permitted in each of the residential districts are grouped in Table 17.08.01 using broad land use categories.

C. Uses not specifically listed in Table 17.08.01 may be allowed subject to the provisions of Section 17.04.070 (C) of this title.

D. Table 17.08.01 also lists applicable code references of this title if a use requires conformance with special provisions.

E. Uses listed in Table 17.08.01 are subject to the applicable design standards of this title for residential districts.

Item Number: 8.

TABLE 17.08.01
PERMITTED USES – RESIDENTIAL DISTRICTS

USE RESIDENTIAL DISTRICTS

R-RD R-L R-M R-H
CODE

SECTION

AGRICULTURAL AND

RELATED USES
Agriculture/Horticulture AUP CUP CUP —
Equestrian Stables, Private P CUP1 — — 1.) Minimum 1
acre
Equestrian Stables,
Commercial
CUP — — —
Kennel CUP — — —
Garden, Private A A A A
Nurseries and Garden
Centers
CUP — — —

PUBLIC AND ASSEMBLY
USES
Public Assembly Facilities CUP CUP CUP CUP
Religious Assembly
Facilities

CUP CUP CUP CUP
Schools, Private CUP CUP CUP CUP

RESIDENTIAL USES
Accessory Dwelling Unit P P P P 17.08.170
SB 9 Single Family
Dwelling Unit
P P — — 17.08.170
Junior Accessory Dwelling
Unit

P P P P
Accessory Structures and
Uses

A A A A
Boarding House — — — CUP
Dwelling, Multifamily — — P P 17.08.140
Dwelling, Single-Family P P P P
Item Number: 8.

USE RESIDENTIAL DISTRICTS

R-RD R-L R-M R-H
CODE

SECTION
SB 9, Single-Family
Dwelling Unit
P P — —
Home Occupations P P P P 17.108
Manufactured Homes P P P P 17.08.120
Mobile Home Parks — — CUP CUP 17.08.130
Parolee/Probationer Homes CUP CUP CUP CUP 17.08.310
Planned Residential
Development
— CUP CUP CUP 17.08.150
Single Room Occupancy
(SRO)
— — — P 17.08.200
Supportive Housing P P P P Government
Code Section
50675.14 and
65651.

Supportive
Housing are
subject to the
requirements
of Table

17.08.02. Transitional Housing P P P P Government
Code Section
50801(i).

Transitional
Housing are
subject to the
requirements
of Table

17.08.02. RECREATION AND

ENTERTAINMENT
Clubhouses AUP AUP AUP AUP
Golf Course and Related
Facilities
CUP CUP CUP CUP 17.08.090
Public Park P P P P
Recreational Use,
Commercial
— — — CUP
Recreational, Private A A A A
Item Number: 8.

USE RESIDENTIAL DISTRICTS

R-RD R-L R-M R-H
CODE

SECTION
Swimming Pool/Spa,
Private

A A A A
Tennis Court, Private A A A A 17.08.300
Trails P P P P
Trailhead CUP CUP CUP CUP

RETAIL AND

COMMERCIAL USES
Bed and Breakfast Inn CUP CUP CUP —
Condominium Hotel,
Converted
— — CUP CUP
Hotel or Motel (without spa) — — — —
Spa Resort — — — —
Property Management — — A A

SERVICE USES
Day Care Center — — AUP AUP 17.08.060
Day Care Homes,
Small/Large
P P P P 17.08.070
Emergency Shelter — — CUP P

OTHER USES
Antenna, Vertical/Satellite
Dish
A A A A 17.40.060
Parking Lot, Commercial — CUP CUP CUP
Parking Lot, Office — CUP CUP CUP
Recreational Vehicle
Storage
A A A A 17.08.160
Temporary Structures or
Uses
TUP TUP TUP TUP 17.136
Utility Facilities P P P P
Vehicle Charging Stations A A A A
(Ord. 721 9-15-20; Ord. 712 6-2-20)
Section 4. AMENDMENT OF SECTION 17.08.030 “DEVLOPMENT STANDARDS” AND LAND USE TALBE 17.08.02 OF THE DESERT HOT SPRINGS

MUNICIPAL CODE
Item Number: 8.

Section 17.08.030 and Land Use Table 17.08.02 shall be amended to read as follows:

17.08.030 Development Standards.

A. Table 17.08.02 establishes the development standards applicable to residential districts.

B. Design standards as outlined Sections 17.08.240 through 17.08.300 shall apply within residential districts and are in addition to the standards of Table 17.08.02.

TABLE 17.08.02
DEVELOPMENT STANDARDS – RESIDENTIAL DISTRICTS

DEVELOPMENT RESIDENTIAL DISTRICTS

STANDARD R-RD R-L R-M R-H

ADDITIONAL

REQUIREMENTS

DENSITY/FAR
Maximum Density –
Residential
1 du/5
ac
6 du/1
ac
20 du/1
ac
30 du/1
ac
Minimum Density –
Residential
- - - 20.0
du/ac
Floor Area Ratio (FAR) –
Non-Residential
- - - -

LOT DIMENSIONS, SIZE,

AND COVERAGE
Minimum Lot Size (net)
Single Family
Multifamily
SB 9, Single Family
Dwelling Unit
1 ac
1,200
sf
9,000 sf
---
1,200 sf
7,200 sf
10,000 sf
---
7,200 sf
20,000
sf
---
Minimum Lot Width
Standard
Cul-de-Sac (at setback
line)
Flag Lot (for access)
SB 9, Single Family
Dwelling Unit
600 ft
-
30 ft
5 ft
50 ft
30 ft
25 ft
5 ft
45 ft
25 ft
25 ft
-
45 ft
25 ft
25 ft
-
Minimum Lot Depth
SB 9, Single Family
Dwelling Unit
1,200 ft
600 ft
75 ft
35 ft
90 ft
-
90 ft
-
Maximum Lot Coverage 15% 40% 40% 50%
SB 9 Maximum Lot 40% 40% - -
Item Number: 8.

DEVELOPMENT RESIDENTIAL DISTRICTS

STANDARD R-RD R-L R-M R-H

ADDITIONAL

REQUIREMENTS
Coverage

SETBACKS AND

BUILDING

SEPARATIONS
Minimum Front Yard
Setback
From Public Right-ofWay
Flag Lot (at end of
access)
100 ft
10 ft
15 ft
10 ft
15 ft
15 ft
5 ft
15 ft
Garage front yard
setback shall be a
minimum of 20 ft.

Minimum Side Yard
Setback
Interior
Corner or Exterior
Substandard Lots
100 ft
100 ft
—
5 ft
10 ft
5 ft
10 ft
10 ft
5 ft1
0 ft
15 ft
5 ft1
1 For single-family
dwelling only.

SB 9 Minimum Side
Yard Setback*
4 ft 4 ft — —
Minimum Rear Yard
Setback
Standard Lot
Flag Lot
Adjacent to Alley
100 ft
100 ft
-
25 ft
25 ft
15 ft
20 ft
-
15 ft
15 ft
-
10 ft
Garage facing an
alley rear yard
shall be a
minimum of 20 ft.

Minimum Building
Separation
10 ft 10 ft 8 ft 10 ft

DWELLING UNIT SIZE

AND LAND AREA
Minimum Unit Size
(Attached)
Studio
One Bedroom
Two Bedrooms
Three or more
Bedrooms
550 sf
700 sf
900 sf
1,000 sf
550 sf
Minimum Unit Size
(Detached Single Family) 1,000
sf
1,000 sf 1,000 sf 1,000 sf
Item Number: 8.

DEVELOPMENT RESIDENTIAL DISTRICTS

STANDARD R-RD R-L R-M R-H

ADDITIONAL

REQUIREMENTS
Maximum Unit Size
(Attached)
- - - 2,000 sf
Building Height
Maximum Height
Detached Residential
Accessory Structures
Attached Residential
Nonresidential
30 ft
30 ft
-
-
30 ft
30 ft
-
-
30 ft
30 ft
55 ft
55 ft
30 ft
30 ft
55 ft
55 ft
Open Space
Minimum Private Open
Space per Dwelling Unit
- - 200 sf 100 sf
Minimum Common Open
Space (percent of net lot
area)
- - 25% 20%
Other Development
Standards
Planned Residential
Development
- Section 17.08.150 -
Signs and Outdoor
Displays
Chapters 17.44 and 17.45
Off-Street Parking and
Loading
Chapters 17.48 and 17.52
Landscaping Chapter 17.56
Property Development
Standards
Chapter 17.40
* For setbacks pertaining to the SB9 single family units, no setback is required if:
1) the unit is built within the footprint of an existing structure, and 2) such setback does not prevent the unit from being 800 square feet.

Section 5. DELETION OF SECTION 17.08.040 “LAND USE DISTRICT DEVELOPMENT – SPECIFIC STANDRADS” AND LAND USE TABLE

17.08.03 Section 17.08.040 and Land Use Table 17.08.03 shall be deleted, as both the section and table were inadvertently kept in the DHSMC, after the adoption of the General Plan and updated zoning.

17.08.040 Land use district development—Specific standards.

Item Number: 8.

In addition to the general development requirements contained in Chapter 17.40 (Property Development Standards), the following standards shall apply to specific residential districts:

TABLE 17.08.03

RESIDENTIAL DISTRICTS SPECIFIC STANDARDS
Specific Standards R-E R-L R-M R-MH R-H R-VS
Accessory Dwelling Unit/Junior
Accessory Dwelling Unit + + + + + +
Accessory Structures + + + + + +
Day Care Center + +
Day Care Home, Large Family + + + + +
Density Bonus/Affordable
Housing + + + + + +
Golf Courses and Related
Facilities + + + + + +
Guest Housing + + + + +
Minimum Dwelling Size + + + + + +
Mobile Home and
Manufactured Housing + + + + + +
Mobile Home Park or
Subdivision +
Multiple-Family Housing + + +
Planned Residential
Development + + + + + +
Planned Development District + + + + + +
Recreational Vehicle Storage + + + +
Senior Citizen/Congregate Care
Housing + + + + +
Single-Family Dwelling, Existing + + + + + +
Single Room Occupancy + + +
Small Lot Subdivisions + + + +
Second Stories for SingleFamily Units in the R-L District + + Item Number: 8.

Key: “+” = applies in the land use district.
(Ord. 722 9-15-20)
Section 6. AMENDMENT OF SECTION 17.08.170 “ACCESSORY DWELLING UNIT” Section 17.08.170 shall be amended to read as follows:

17.08.170 Accessory dwelling unit.

A. This section provides for accessory dwelling units on lots developed or proposed to be developed with single-family dwellings, provided they comply with the requirements of this section. Accessory dwelling units are a residential use which is consistent with the General Plan objectives and zoning regulations and which enhances housing opportunities, including near transit on single-family lots.

B. This section applies to all lots that are occupied or proposed to be occupied with a single-family dwelling unit and zoned residential. Accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit it located, and are a residential use that is consistent with the existing general plan and zoning designation for the lot.

C. An accessory dwelling unit within an existing space including the primary structure, attached or detached garage or other accessory structure shall be permitted ministerially with a building permit regardless of all other standards within the chapter if it complies with:

1. Building and safety codes;

2. Independent exterior access from the existing residence; and

3. Fire codes.

D. Accessory dwelling units shall meet the following general development standards:

1. Except as otherwise allowed under Government Code Section 65852.26, the unit may be rented separately from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence.

2. The lot is zoned for single-family residential use and contains an existing or proposed single-family dwelling.

3. The accessory dwelling unit is either attached or located within the living area of the proposed or existing dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling, and located on the same lot as the proposed or existing dwelling.

4. If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling or 1,200 square feet, whichever is less. Notwithstanding this, the attached accessory dwelling unit can be up to 850 square feet regardless of the size of the primary residence.

5. The total floor area for a detached accessory dwelling unit shall not exceed 50 percent of the primary dwelling or 1,200 square feet, whichever is less. Notwithstanding this, the detached accessory dwelling unit can be up to 850 square feet regardless of the size of the primary residence.

6. Local building code requirements that apply to detached dwellings, as appropriate.

7. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

Item Number: 8.

8. No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than 4 feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.

9. 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.

10. Attached accessory dwelling units shall be located in such a fashion so that it is concealed from public view (specifically the entrance) and shall have matching colors and materials as the main unit.

11. Allow for paved parking on-site, as allowed by State law.

E. Accessory dwelling units shall be permitted ministerially if all applicable requirements and development standards of this chapter are met and no variances are required. The City shall act on the building permit application to create an accessory dwelling unit within 60 days from the date the City receives a completed application if there is an existing single-family dwelling on the lot. If the building permit application to create an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application for the accessory dwelling unit until the City acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. The City may charge a fee to reimburse it for costs incurred in connection with implementing this subsection.

F. Notwithstanding subsections C through E inclusive, applications for a building permit within a residential or mixed-use zone to create any of the following shall be ministerially approved:

1. One accessory dwelling unit or junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
a. The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
b. The space has exterior access from the proposed or existing single-family dwelling.
c. The side and rear setbacks are sufficient for fire and safety. d. The junior accessory dwelling unit complies with the requirements of Government Code Section 65852.22.

2. One detached, new construction, accessory dwelling unit that does not exceed 4- foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling Item Number: 8.

unit. An accessory dwelling unit described in this paragraph must conform to the following conditions:
a. The total floor area is not more than 800 square feet. b. The height is not more than 16 feet.

3. For multifamily zones:
a. Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with State building standards for dwellings.
b. At least 1 accessory dwelling unit within an existing multifamily dwelling and up to 25 percent of the existing multifamily dwelling units.

4. Not more than 2 accessory dwelling units that are located on a lot that has an existing multifamily dwelling but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and 4-foot rear yard and side setbacks.

G. Notwithstanding subsections C through F inclusive, accessory dwelling units are prohibited if

1. The lot is subdivided pursuant to SB 9, when there are two units existing on each lot

2. Both the lot subdivision and housing unit construction on the lot are done as an SB 9 project.

H. Accessory dwelling units under this section shall conform to the following standards:

1. Rental of the accessory dwelling unit shall be for a term longer than 30 days.

2. As part of the application for a permit to create an accessory dwelling unit connected to an onsite water treatment system, a percolation test must be completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years.

3. No certificate of occupancy for an accessory dwelling unit shall be issued before the City issues a certificate of occupancy for the primary dwelling.

I. Enforcement. In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2) below, the City, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:

1. The accessory dwelling unit was built before January 1, 2020.

2. The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (Ord. 722 9-15-20; Ord. 679 2-19-19; prior code § 159.04.030(2)(M)) Section 7. AMENDMENT OF SECTION 17.08.175 “JUNIOR
ACCESSORY DWELLING UNIT”
Section 17.08.175 shall be amended to read as follows:

17.08.175 Junior accessory dwelling unit.

Item Number: 8.

A. Purpose and Intent. This section provides for junior accessory dwelling units on lots developed or proposed to be developed with single-family dwellings, provided they comply with the requirements of this section. Junior accessory dwelling units are a residential use which is consistent with the General Plan objectives and zoning regulations, and which enhances housing opportunities, including near transit on singlefamily lots.

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. A junior accessory dwelling unit (JADU) shall not exceed 500 square feet and must be completely contained within the space of a single-family residence. All JADUs must comply with the following requirements:

1. Limited to 1 JADU per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot.

2. 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. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit.

3. The owner must record a deed restriction, a copy of which shall be filed with the City, that contains the following provisions:
a. A prohibition on the sale of the JADU separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.
b. A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this chapter.

4. The JADU must be constructed within the walls of the proposed or existing singlefamily residence.

5. The JADU must have a separate entrance from the main entrance to the proposed or existing single-family residence. In addition, the JADU must have a shared entrance with the main proposed or existing single-family residence.

6. The JADU must include an efficiency kitchen that includes the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.

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

8. 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. Applications for a permit pursuant to this chapter shall be considered ministerially, without discretionary review or a hearing. The City shall act on the building permit application to create a junior accessory dwelling unit within 60 days from the date the City receives a completed application if there is an existing singlefamily dwelling on the lot. If the building permit application to create a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application for the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new Item Number: 8.

single-family dwelling, but the application to create the junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. The City may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this subsection. (Ord. 722 9-15-20) E. Notwithstanding the above, junior accessory dwelling units are prohibited if

1. The lot is subdivided pursuant to SB 9, when there are two units existing on each lot

2. Both the lot subdivision and housing unit construction on the lot are done as an SB 9 project.

Section 8. SEVERABILITY
That should any provision, section, paragraph, sentence or word of this ordinance 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 of this ordinance as hereby adopted shall remain in full force and effect.

Section 9. REPEAL OF CONFLICTING PROVISIONS
That all the provisions of the Municipal Code as heretofore adopted by the City of Desert Hot Springs that are in conflict with the provisions of this ordinance are hereby repealed.

Section 10. 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.

Section 11. EFFECTIVE DATE
That this ordinance shall be effective thirty days after the second reading of the ordinance.

Section 12. CERTIFICATION
That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Item Number: 8.

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on the ___ day of ______, 2022 by the following vote:

Ayes:

Noes:

Abstain:

Absent:

ATTEST:
____________________________________
Jerryl Soriano, City Clerk
Scott Matas, Mayor
APPROVED AS TO FORM:
____________________________________
Jennifer A. Mizrahi, City Attorney
Item Number: 8.

Senate Bill No. 9
CHAPTER 162
An act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the Government Code, relating to land use.
[ Approved by Governor September 16, 2021. Filed with Secretary of State September 16, 2021. ]

LEGISLATIVE COUNSEL'S DIGEST
SB 9, Atkins. Housing development: approvals.

The Planning and Zoning Law provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions.

This bill, among other things, would require a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including, but not limited to, that the proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided, and that the development is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.

The bill would set forth what a local agency can and cannot require in approving the construction of 2 residential units, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of up to 2 units or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances.

The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency’s processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification of those maps. Under the Subdivision Map Act, an approved or conditionally approved tentative map expires 24 months after its approval or conditional approval or after any additional period of time as prescribed by local ordinance, not to exceed an additional 12 months, except as provided.

Item Number: 8.

This bill, among other things, would require a local agency to ministerially approve a parcel map for an urban lot split that meets certain requirements, including, but not limited to, that the urban lot split would not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the parcel is located within a single-family residential zone, and that the parcel is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.

The bill would set forth what a local agency can and cannot require in approving an urban lot split, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of 2 units, as defined, on either of the resulting parcels or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. The bill would require an applicant to sign an affidavit stating that they intend to occupy one of the housing units as their principal residence for a minimum of 3 years from the date of the approval of the urban lot split, unless the applicant is a community land trust or a qualified nonprofit corporation, as specified. The bill would prohibit a local agency from imposing any additional owner occupancy standards on applicants. By requiring applicants to sign affidavits, thereby expanding the crime of perjury, the bill would impose a state-mandated local program.

The bill would also extend the limit on the additional period that may be provided by ordinance, as described above, from 12 months to 24 months and would make other conforming or nonsubstantive changes.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects.

This bill, by establishing the ministerial review processes described above, would thereby exempt the approval of projects subject to those processes from CEQA.

The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal development permit process, within the coastal zone, as defined, that shall be based on various coastal resources planning and management policies set forth in the act.

This bill would exempt a local agency from being required to hold public hearings for coastal development permit applications for housing developments and urban lot splits pursuant to the above provisions.

By increasing the duties of local agencies with respect to land use regulations, the bill would impose a state-mandated local program.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for specified reasons.

Item Number: 8.

DIGEST KEY
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes

BILL TEXT

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS
FOLLOWS:

SECTION 1.

Section 65852.21 is added to the Government Code, to read:
65852.21.
(a) A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements:
(1) The parcel subject to the proposed housing development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(2) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
(3) Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(C) Housing that has been occupied by a tenant in the last three years. (4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. (5) The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions:
(A) If a local ordinance so allows.
(B) The site has not been occupied by a tenant in the last three years. (6) The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a Item Number: 8.

site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(b) (1) Notwithstanding any local law and except as provided in paragraph (2), a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section.
(2) (A) The local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area.
(B) (i) Notwithstanding subparagraph (A), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (ii) Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agency may require a setback of up to four feet from the side and rear lot lines. (c) In addition to any conditions established in accordance with subdivision (b), a local agency may require any of the following conditions when considering an application for two residential units as provided for in this section:
(1) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code. (B) There is a car share vehicle located within one block of the parcel. (2) For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years.
(d) Notwithstanding subdivision (a), a local agency may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(e) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(f) Notwithstanding Section 65852.2 or 65852.22, a local agency shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7. (g) Notwithstanding subparagraph (B) of paragraph (2) of subdivision (b), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.

Item Number: 8.

(h) Local agencies shall include units constructed pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(i) For purposes of this section, all of the following apply:
(1) A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit. (2) The terms “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (3) “Local agency” means a city, county, or city and county, whether general law or chartered. (j) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(k) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for a housing development pursuant to this section.

SEC. 2.

Section 66411.7 is added to the Government Code, to read:
66411.7.
(a) Notwithstanding any other provision of this division and any local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local agency determines that the parcel map for the urban lot split meets all the following requirements:
(1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
(2) (A) Except as provided in subparagraph (B), both newly created parcels are no smaller than 1,200 square feet.
(B) A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this subdivision.
(3) The parcel being subdivided meets all the following requirements:
(A) The parcel is located within a single-family residential zone. (B) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the Item Number: 8.

boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(C) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
(D) The proposed urban lot split would not require demolition or alteration of any of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(iii) A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(iv) Housing that has been occupied by a tenant in the last three years. (E) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(F) The parcel has not been established through prior exercise of an urban lot split as provided for in this section.
(G) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section.
(b) An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements:
(1) A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review.
(2) A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
(3) Notwithstanding Section 66411.1, a local agency shall not impose regulations that require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section. (c) (1) Except as provided in paragraph (2), notwithstanding any local law, a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards applicable to a parcel created by an urban lot split that do not conflict with this section. (2) A local agency shall not impose objective zoning standards, objective subdivision standards, and objective design review standards that would have the effect of physically precluding the Item Number: 8.

construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet.
(3) (A) Notwithstanding paragraph (2), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (B) Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local agency may require a setback of up to four feet from the side and rear lot lines. (d) Notwithstanding subdivision (a), a local agency may deny an urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(e) In addition to any conditions established in accordance with this section, a local agency may require any of the following conditions when considering an application for a parcel map for an urban lot split:
(1) Easements required for the provision of public services and facilities. (2) A requirement that the parcels have access to, provide access to, or adjoin the public right-ofway. (3) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code. (B) There is a car share vehicle located within one block of the parcel. (f) A local agency shall require that the uses allowed on a lot created by this section be limited to residential uses.
(g) (1) A local agency shall require an applicant for an urban lot split to sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split. (2) This subdivision shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.
(3) A local agency shall not impose additional owner occupancy standards, other than provided for in this subdivision, on an urban lot split pursuant to this section. (h) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(i) A local agency shall not require, as a condition for ministerial approval of a parcel map application for the creation of an urban lot split, the correction of nonconforming zoning conditions.

Item Number: 8.

(j) (1) Notwithstanding any provision of Section 65852.2, 65852.21, 65852.22, 65915, or this section, a local agency shall not be required to permit more than two units on a parcel created through the exercise of the authority contained within this section. (2) For the purposes of this section, “unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Section 65852.2, or a junior accessory dwelling unit as defined in Section 65852.22. (k) Notwithstanding paragraph (3) of subdivision (c), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (l) Local agencies shall include the number of applications for parcel maps for urban lot splits pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(m) For purposes of this section, both of the following shall apply:
(1) “Objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (2) “Local agency” means a city, county, or city and county, whether general law or chartered. (n) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code. (o) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for urban lot splits pursuant to this section.

SEC. 3.

Section 66452.6 of the Government Code is amended to read:
66452.6.
(a) (1) An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval, or after any additional period of time as may be prescribed by local ordinance, not to exceed an additional 24 months. However, if the subdivider is required to expend two hundred thirty-six thousand seven hundred ninety dollars ($236,790) or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 shall extend the expiration of the approved or conditionally approved tentative map by 48 months from the date of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the tentative map more than 10 years from its approval or conditional approval. However, a tentative map on property subject to a development agreement Item Number: 8.

authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined by the advisory agency at the time of the approval or conditional approval of the tentative map. (2) Commencing January 1, 2012, and each calendar year thereafter, the amount of two hundred thirty-six thousand seven hundred ninety dollars ($236,790) shall be annually increased by operation of law according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the State Allocation Board at its January meeting. The effective date of each annual adjustment shall be March 1. The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment.
(3) “Public improvements,” as used in this subdivision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities. (b) (1) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence. However, the length of the moratorium shall not exceed five years.
(2) The length of time specified in paragraph (1) shall be extended for up to three years, but in no event beyond January 1, 1992, during the pendency of any lawsuit in which the subdivider asserts, and the local agency that approved or conditionally approved the tentative map denies, the existence or application of a development moratorium to the tentative map. (3) Once a development moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium.
(c) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the local agency pursuant to this section.

After service of the initial petition or complaint in the lawsuit upon the local agency, the subdivider may apply to the local agency for a stay pursuant to the local agency’s adopted procedures. Within 40 days after receiving the application, the local agency shall either stay the time period for up to five years or deny the requested stay. The local agency may, by ordinance, establish procedures for reviewing the requests, including, but not limited to, notice and hearing requirements, appeal procedures, and other administrative requirements.
(d) The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the legislative body without first processing a new tentative map. Once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the county surveyor or city engineer shall be deemed a timely filing for purposes of this section.
(e) Upon application of the subdivider filed before the expiration of the approved or conditionally approved tentative map, the time at which the map expires pursuant to subdivision (a) may be Item Number: 8.

extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or periods not exceeding a total of six years. The period of extension specified in this subdivision shall be in addition to the period of time provided by subdivision (a). Before the expiration of an approved or conditionally approved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the advisory agency denies a subdivider’s application for an extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension.
(f) For purposes of this section, a development moratorium includes a water or sewer moratorium, or a water and sewer moratorium, as well as other actions of public agencies that regulate land use, development, or the provision of services to the land, including the public agency with the authority to approve or conditionally approve the tentative map, which thereafter prevents, prohibits, or delays the approval of a final or parcel map. A development moratorium shall also be deemed to exist for purposes of this section for any period of time during which a condition imposed by the city or county could not be satisfied because of either of the following:
(1) The condition was one that, by its nature, necessitated action by the city or county, and the city or county either did not take the necessary action or by its own action or inaction was prevented or delayed in taking the necessary action before expiration of the tentative map. (2) The condition necessitates acquisition of real property or any interest in real property from a public agency, other than the city or county that approved or conditionally approved the tentative map, and that other public agency fails or refuses to convey the property interest necessary to satisfy the condition. However, nothing in this subdivision shall be construed to require any public agency to convey any interest in real property owned by it. A development moratorium specified in this paragraph shall be deemed to have been imposed either on the date of approval or conditional approval of the tentative map, if evidence was included in the public record that the public agency that owns or controls the real property or any interest therein may refuse to convey that property or interest, or on the date that the public agency that owns or controls the real property or any interest therein receives an offer by the subdivider to purchase that property or interest for fair market value, whichever is later. A development moratorium specified in this paragraph shall extend the tentative map up to the maximum period as set forth in subdivision (b), but not later than January 1, 1992, so long as the public agency that owns or controls the real property or any interest therein fails or refuses to convey the necessary property interest, regardless of the reason for the failure or refusal, except that the development moratorium shall be deemed to terminate 60 days after the public agency has officially made, and communicated to the subdivider, a written offer or commitment binding on the agency to convey the necessary property interest for a fair market value, paid in a reasonable time and manner.

SEC. 4.

The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 1 and 2 of this act adding Sections 65852.21 and 66411.7 to the Government Code and Section 3 of this act amending Section 66452.6 of the Government Code apply to all cities, including charter cities.

SEC. 5.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, Item Number: 8.

or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Item Number: 8.

SR-22-009
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: January 18, 2022
Department: City Manager
Prepared by: Daniel Porras, Assistant City Manager
Subject: Award of Grant Funds from the California Department of Cannabis Control RECOMMENDATION:

Authorize the City Manager to execute an agreement between the City and the California Department of Cannabis Control for acceptance of $822,160.00 in grant funds from the Local Jurisdiction Assistance Grant Program.

BACKGROUND:

On October 1, 2021, the California Department of Cannabis Control released the Local Jurisdiction Assistance Grant Program, which provided local jurisdictions with funding to aid in transitioning the high number of State provisional cannabis licenses into State annual licenses. The grant program identified seventeen local jurisdictions with various designations of available funding totaling $100 Million. The City of Desert Hot Springs was one of the seventeen local jurisdictions with a total available grant fund amount of $822,160.00. The grant program also identified the guidelines and requirements for the application and selection process.

DISCUSSION:

On November 15, 2021, the City of Desert Hot Springs submitted a grant application that met specific grant program guidelines and proposed to utilize the available funds for the following scope of work:
• The City will utilize the grant funds to hire planning/environmental consultant firms that will complete various tasks in assisting all cannabis provisional licensees in moving forward in the process to establish cannabis permanent licenses. These tasks will consist of processing and updating any pending, expired, and/or new cannabis applications and licensees from beginning to end, including but not limited to coordinating meetings with cannabis licensee applicants, reviewing all cannabis applications, completing and/or reviewing California Environmental Quality Act (CEQA) technical studies, completing CEQA analysis and reporting, processing all required local and State public noticing, assisting in processing applications through all public hearings through staff reports and presentations, and assisting applicants in submitting all State requirements for State cannabis licenses. • The City will also utilize the grant funds to hire IT/GIS consultant firms that will assist the City in establishing a software database for tracking all the City’s cannabis licenses, including provisional licenses, to be utilized through the entire process. The firm will update and develop user-friendly online tools and resources for cannabis applicants, develop online cannabis Item Number: 9.

SR-22-009
applications and online submittal processes. This will help streamline the cannabis application process by making all resources readily available to applicants.

On December 29, 2021, the City received notification from the California Department of Cannabis Control awarding the City a total of $822,160.00 grants funds from the Local Jurisdiction Assistance Grant Program.

The City plans to utilize the grant funds per the scope of work as submitted in the application. The funds will become available after the agreement between the City and the California Department of Cannabis Control is executed. The City must follow the scope of work as submitted on the application and complete all tasks by June 30, 2025 per the scope of work schedule.

Attached are the agreement, application, and application documents.

FISCAL IMPACT:

If approved the City will receive $822,160.00 in grant funds from the California Department of Cannabis Control and will utilize the funds for the cost of consultants per the agreement scope of work.

ATTACHMENTS:

Exhibit 1 - City and DCC Agreement for DCC Grant Funds
Item Number: 9.

GRANT AGREEMENT

SIGNATURE PAGE

AGREEMENT NUMBER
- - -

1. This Agreement is entered into between the State Agency and the Recipient named below:

STATE AGENCY’S NAME

DEPARTMENT OF CANNABIS CONTROL (DCC)
RECIPIENT’S NAME

2. The Agreement Term is: through

3. The maximum amount of this Agreement is: $

4. The parties agree to comply with the terms and conditions of the following exhibits and attachments which are by this reference made a part of the Agreement:

Page(s)
Page(s)
Page(s)
Exhibit A-A1: A-Award Information and Scope of Work;
A-1 Permitting and Licensing Metrics - See Attachment 2 Exhibit B: General Terms and Conditions
Exhibit C-C1: C-Payment and Budget Provisions; C1 Budget Worksheet
Exhibit D : Special Terms and Conditions Page(s)
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

RECIPIENT
RECIPIENT’S NAME (Organization’s Name)
BY (Authorized Signature) DATE SIGNED


PRINTED NAME AND TITLE OF PERSON SIGNING

ADDRESS

STATE OF CALIFORNIA

AGENCY NAME

DEPARTMENT OF CANNABIS CONTROL
BY (Authorized Signature) DATE SIGNED


PRINTED NAME AND TITLE OF PERSON SIGNING

ADDRESS
DCC-2325 (12/2021)
Item Number: 9.

EXHIBIT A

AWARD INFORMATION
Recipient:

Award Identification Number:

Award Date:

Amount Awarded: $
Effective Dates: through
Federal Award to State Agency is Research &
Development (Yes/No)

RECIPIENT AND PROJECT INFORMATION

1. Department of Cannabis Control (DCC) hereby awards an Agreement to the Recipient for the project described herein:

Project Title:

2.The Managers for this Agreement are:

FOR DCC: FOR RECIPIENT:

Name: Name:

Division/Branch: Organization:

Address: Address:

City/State/Zip: City/State/Zip:

Phone: Phone:

Email Address: Email Address:

FOR RECIPIENT:

3. The Grant Administrative Contacts for this Agreement are:

FOR DCC:

Name: Name:

Division/Branch: Organization:

Address: Address:

City/State/Zip: City/State/Zip:

Phone: Phone:

Email Address: Email Address:

DCC-2325 (12/2021)
Item Number: 9.

FISCAL CONTACT FOR RECIPIENT
(if different from above):

Name:

Organization:

Address:

City/State/Zip:

Phone:

Email Address:

4. RECIPIENT: Please check appropriate box below:

Research and Development (R&D) means all research activities, both basic and applied, and all development activities that are performed by non-Federal entities. The term research also includes activities involving the training of individuals in research techniques where such activities utilize the same facilities as other R&D activities and where such activities are not included in the instruction function.

This award does does not support R&D.

5. For a detailed description of activities to be performed and duties, see Scope of Work and Budget.

DCC-2325 (12/2021)
Item Number: 9.

X

EXHIBIT A
Scope of Work
Contract Grant
Executive Summary
The City of Desert Hot Springs has processed many cannabis applications from beginning to end. To further streamline and expedite the application review and processing time, and further assist applicants in moving from cannabis provisional licensees to establish cannabis permanent licenses, the City will utilize the Department of Cannabis Control grant funds to hire consultant firms that will be dedicated to handle all cannabis applications and associated processing tasks exclusively. This will allow a “one-stop shop” approach for all cannabis applicants that either already have State licenses, are in the process of getting one, or are just getting started.

The City will utilize the grant funds to hire planning/environmental consultant firms that will complete various tasks in assisting all cannabis provisional licensees in moving forward in the process to establish cannabis permanent licenses. These tasks will consist of processing and updating any pending, expired, and/or new cannabis applications and licensees from beginning to end, including but not limited to coordinating meetings with cannabis licensee applicants, reviewing all cannabis applications, completing and/or reviewing California Environmental Quality Act (CEQA) technical studies, completing CEQA analysis and reporting, processing all required local and State public noticing, assisting in processing applications through all public hearings through staff reports and presentations, and assisting applicants in submitting all State requirements for State cannabis licenses.

The City will also utilize the grant funds to hire IT/GIS consultant firms that will assist the City in establishing a software database for tracking of all the City’s cannabis licenses, including all provisional licenses, to be utilized for tracking through the entire process. The firm will update and develop user friendly online tools and resources for cannabis applicants, develop online cannabis applications and online submittal processes. This will help streamline the cannabis application process by making all resources readily available to applicants.

Item Number: 9.

Application Narrative
Program Description
Provide a brief description of the current cannabis permitting process in your jurisdiction, including the following:

1. Identify the necessary requirements for a local permit for commercial cannabis activity to be issued. Describe or attach a visual of your permitting process. Clearly identify when sitespecific CEQA is conducted.

This is generally a two-step process. First, the applicant is required to obtain land entitlements allowing the specific use for that site; second, obtaining the operating permit allowing for the operation of the business.

Obtaining land entitlement approvals allowing the cannabis use requires the submittal of a complete project application which includes site maps, floor plans, architecture plans, elevation drawings, landscaping plans, grading plans, California Environmental Quality Act (CEQA) documents and technical studies, and other various submittals. This application is reviewed by staff; after it is deemed complete, AB52, SB18, along with CEQA and State Agency noticing requirements, and after public noticing, the project is reviewed by staff (administrative approval) or by the Planning Commission (Public Hearing) who approves, conditionally approves, or denies the project.

After the land entitlement approvals/permits are issued, the applicant moves forward and completes all applicable and required construction, then begins the operating permit process (Regulatory Permit). The business can only open after the Regulatory Permit is issued.

Attached is a chart showing the process in more detail.

2. Describe the applicable environmental review process relevant to the cannabis permits that you allow for in your jurisdiction.

The environmental review will be applicable according the CEQA guidelines. A Notice of Exemption may be applicable if the subject site meets one of the Categorical Exemptions listed in the CEQA Guidelines under Categorical Exemptions. Most cannabis projects in the City have gone through an Initial Study Mitigated Negative Declaration (ISMND) CEQA process. The Cannabis areas in the City were established in remote industrial zones where infrastructure and development was not readily available at the time the City of Desert Hot Springs permitted Cannabis uses. Through the Initial Study process, it was determined that mitigations had to be put in place to mitigate potential environmental effects that new cannabis projects could have in the proposed project sites.

The applicants are required to complete the CEQA documents and technical studies and submit for City staff to review as part of their complete application. City staff reviews all CEQA documents, which usually go through a series of corrections and reviews, and after it is deemed approved it moves on to public noticing of the project in which the CEQA document is reviewed and commented on by various agencies/the public. The CEQA document is then revised as needed, usually through a series of additional corrections and reviews until it is ready for a formal public hearing at which point it is presented by staff for review/approval.

3. Identify what requirements must be met by your permittee when providing the state with local authorization response for each of the following:
a. “In compliance”
b. “Compliance under way”
c. “Not in compliance”
a. “In compliance” – Land entitlements approved/permits issued (Conditional Use Permit), and Operation Permit issued (Regulatory Permit).
b. “Compliance under way” - Land entitlements approved/permits issued (Conditional Use Permit), but no Operation Permit issued (Regulatory Permit).

Item Number: 9.

c. “Not in compliance” - No land entitlements approved/no permits issued (Conditional Use Permit), and no Operation Permit issued (Regulatory Permit). Or they have violated local regulations and are out of compliance.

Statement of Needs/Problem Statement

1. Describe the challenges in the local jurisdiction permitting process that impede the timely transition of your permittees’ license from a provisional license to an annual license.

The first challenge for timely transition from provisional license to annual license for the majority of applicants is the application/project processing time in drafting CEQA documents, in reviewing and approving CEQA documents, and going from approved land entitlements and permits (Conditional Use Permit) to obtaining an operating permit (Regulatory Permit).

A second challenge for other projects is when uncommon situations are found that are projectspecific. Some projects have unique challenges that require additional CEQA documents, additional reviews, and additional staff time, which takes away time from all other applicants.

2. If you have an equity program, describe any additional challenges in implementing the equity program in your local jurisdiction and/or challenges faced by equity applicants in receiving local permits and annual state licenses.

No equity program
Goals and Intended Outcomes

1. List the goals and intended outcomes of this funding opportunity.

Goals should explain how funding will be utilized to impact the issue areas stated in the problem statement. Outcomes should describe specific change(s) or result(s) when the goal is achieved.

At a minimum, the following should be addressed:
• How CEQA compliance will be achieved
• How obstacles will be removed from the permitting process, including opportunities to reduce time to permit issuance.
• How these goals will align with the statutory deadlines mandated for maintenance of a provisional license.
• Local coordination necessary to reach specific outcomes, if multiple departments, divisions, or offices are involved.

Use the format below:

Goal: Reduce application review time and increase number of applications that complete the approval process, which will in turn increase number of permanent licenses from provisional licenses.

Action Intended Outcome
Hire a planning consultant firm that
will be dedicated to handle processing
of all cannabis applications.

Streamline the application process
and reduce review time by dedicating
consultant firm to specific tasks, and
allowing City staff to handle other
applications and day-to-day items.

Hire a planning consultant firm that
will be dedicated to complete and/or
review CEQA technical studies,
CEQA analysis and reporting, and
other CEQA documents required for
all cannabis applications.

Streamline the CEQA process and
reduce review time by dedicating
consultant firm to cannabis specific
applications, and allowing City staff to
handle other applications and day-today items.

Item Number: 9.

Hire a planning consultant firm that
will be dedicated to assist in
processing all cannabis applications
through all required local and State
public noticing, all public hearings,
and through required staff reports and
presentations.

Streamline the approval process and
reduce review time by dedicating
consultant firm to cannabis specific
applications, and allowing City staff to
handle other applications and day-today items. Coordination with multiple departments will be able to be
completed more efficiently.

Hire a planning consultant firm that
will be dedicated to assist applicants
in submitting and processing all State
licensee requirements.

Streamline the State licensee
submittal and approval process,
increase number of permanent
licensees from provisional licenses,
and work with applicants to confirm all
State deadlines are met.

Goal: Improve online resources available to cannabis licensees for submittal, processing, status update, and approvals, which will increase number of permanent licenses from provisional licenses.

Action Intended Outcome
Hire an IT/GIS consultant firm that will
be dedicated to establishing a
software database for tracking of all
the City’s cannabis licenses.

Improve database and tracking of all
cannabis licensees to update, track,
and confirm all applicants meet all
required state deadlines.

Hire an IT/GIS consultant firm that will
be dedicated to updating and
developing all available online tools,
online applications, and online
submittal processes for cannabis
applicants, making all resources
readily available to applicants.

Provide additional available resources
to cannabis applicants that can assist
them in submitting, processing, and
approving their licenses by
streamlining the process.

Repeat the format above to list additional goals. Add additional rows to the chart as necessary.

2. For those jurisdictions that have been identified as eligible to receive additional funding due to the status of the local equity program, address the following in your goal(s):
a. How this funding, particularly the dollars provided due to local equity program status will:
i. Support local equity applicants in entering the regulated cannabis industry; ii. Allow local equity applicants to receive cannabis permits and annual licenses more quickly; and
iii. Further support local and/improve equity program implementation.

Not Applicable

3. If your local jurisdiction has not adopted or is not operating a local equity program, please indicate whether the local jurisdiction is considering adopting a local equity program, including a potential timeline for this decision.

Not Applicable
Item Number: 9.

DCC-2325 (12/2021)

EXHIBIT B

GENERAL TERMS AND CONDITIONS

1. Approval
This Agreement is of no force or effect until signed by both parties. The Recipient may not invoice for activities performed prior to the commencement date or completed after the termination date of this Agreement.

2. Agreement Execution
Unless otherwise prohibited by state law, regulation, or Department or Recipient policy, the parties agree that an electronic copy of a signed Agreement, or an electronically signed Agreement, has the same force and legal effect as an Agreement executed with an original ink signature. The term "electronic copy of a signed Agreement" refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed Agreement in a portable document format. The term "electronically signed Agreement" means an Agreement that is executed by applying an electronic signature using technology approved by all parties.

3. Assignment
This Agreement is not assignable by the Recipient, either in whole or in part, without the prior consent of the DCC Agreement Manager or designee in the form of a formal written amendment.

4. Governing Law
This Agreement is governed by and will be interpreted in accordance with all applicable State and Federal laws.

5. State and Federal Law
It is the responsibility of the Recipient to know and understand which State, Federal, and local laws, regulations, and ordinances are applicable to this Agreement and the Project, as described in Exhibit A. The Recipient shall be responsible for observing and complying with all applicable State and Federal laws and regulations. Failure to comply may constitute a material breach.

6. Recipient Commitments
The Recipient accepts and agrees to comply with all terms, provisions, conditions and commitments of the Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and statements made by the Recipient in the application, documents, amendments, and communications in support of its request for funding.

7. Performance and Assurances
The Recipient agrees to faithfully and expeditiously perform or cause to be performed all Project work as described in the Scope of Work, and to apply grant funds awarded in this Agreement only to allowable Project costs.

8. Mutual Liability
Parties shall, to the extent allowed by law, each be individually liable for any and all claims, losses, causes of action, judgments, damages, and expenses to the extent directly caused by their officers, agents, or employees.

9. Unenforceable Provision
In the event that any provision of this Agreement is unenforceable or held to be unenforceable, the parties agree that all other provisions of this Agreement shall remain operative and binding.

Item Number: 9.

DCC-2325 (12/2021)

10. Contractors/Consultants
The Recipient assumes full responsibility for its obligation to pay its Contractors/Consultants. The Recipient is responsible to ensure that any/all contractors/consultants it engages to carry out activities under this Agreement shall have the proper licenses/certificates required in their respective disciplines. The Recipient’s use of contractors/consultants shall not affect the Recipient’s responsibilities under this Agreement.

11. Non-Discrimination Clause
The Recipient agrees that during the performance of this Agreement, it will not discriminate, harass, or allow harassment or discrimination against any employee or applicant for employment based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. The Recipient agrees to require the same of all contractors and consultants retained to carry out the activities under this Agreement.

The Recipient agrees that during the performance of this Agreement, the evaluation and treatment of its employees and applicants for employment are free from discrimination and harassment. The Recipient will comply with the provisions of the Fair Employment and Housing Act (Government Code section 12990 et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. The Recipient will give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining unit or other Agreement. The Recipient must include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.

The Recipient agrees to require the same of all contractors and consultants retained to carry out activities under this Agreement.

12. Excise Tax
The State of California is exempt from federal excise taxes and no payment will be made for any taxes levied on employees' wages. The DCC will pay for any applicable State of California or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this Agreement. California may pay any applicable sales and use tax imposed by another State.

13. Disputes
The Recipient must continue with the responsibilities under this Agreement during any dispute. In the event of a dispute, the Recipient must file a "Notice of Dispute" with the DCC Agreement Manager, identified in Exhibit A, or designee within ten (10) calendar days of discovery of the problem. The Notice of Dispute must contain the Agreement number. Within ten (10) calendar days of receipt of the Notice of Dispute, the DCC Agreement Manager or designee must meet with the Recipient for the purpose of resolving the dispute. In the event of a dispute, the language contained within this Agreement prevails.

14. Termination for Convenience
This Agreement may be terminated by either party upon written notice. Notice of termination must be delivered to the other party at least thirty (30) calendar days prior to the intended date of termination. Notice of termination does not nullify obligations already incurred prior to the date of termination. In the event of Termination for Convenience of this Agreement by DCC, DCC must pay all responsible costs and non-cancellable obligations incurred by the Recipient as of the date of termination.

Item Number: 9.

DCC-2325 (12/2021)

15. Termination for Cause
Either party may terminate this Agreement for cause in the event of a material breach of this Agreement, provided that the non-breaching party provides written notice of the material breach and ten (10) calendar days to cure the breach. If the breach is not cured to the satisfaction of the nonbreaching party within ten (10) calendar days of receipt of notice, this Agreement shall automatically terminate and the DCC shall reimburse the Recipient for all documented costs incurredup to the date of the notice of termination, including all non-cancellable obligations.

16. Acceptable Failure to Perform
The Recipient shall not be liable for any failure to perform as required by this Agreement, to the extent such failure to perform is caused by any of the following: labor disturbances or disputes of any kind, accidents, or the inability to obtain any required government approval to proceed, civil disorders, acts of aggression, acts of God, energy or other conservation measures, failure of utilities, mechanical breakdowns, materials shortages, disease, pandemics, or similar occurrences.

17. Breach
Reimbursement under this Agreement may be suspended, terminated, or both, and the Recipient may be subject to debarment if DCC determines that the Recipient has breached the terms of this Agreement. A determination of breach may be appealed in writing to the DCC. The appeal must be post marked within ten (10) calendar days of the date the Recipient received notification and addressed to the DCC Legal Affairs Division or emailed to: [email protected].

Department of Cannabis Control
Legal Affairs Division
2920 Kilgore Road
Rancho Cordova, CA 95670

18. Non-Material Breach
The Recipient may be in material breach under this Agreement if it fails to comply with any term of this Agreement. In the event of a material breach, DCC shall provide in writing a Notice of Breach to the Recipient within ten (10) calendar days upon discovery of breach. The Recipient shall have ten (10) calendar days from receipt of the notice to cure the breach. If the Recipient fails to cure the breach within the time prescribed by this Agreement, DCC may do any of the following:

A. Suspend payments;
B. Demand repayment of all funding;
C. Terminate the Agreement; or
D. Take any other action deemed necessary to recover costs.

If DCC determines that the Recipient is not in material breach but that the Project is not being implemented in accordance with the provisions of this Agreement, or that the Recipient has failed in any other respect to comply with the provisions of this Agreement, and the Recipient has failed to remedy any such failure in a reasonable and timely manner, DCC may withhold all or any portion of the grant funding and take any other action that DCC deems necessary to protect its interests.

Where a portion of the grant funding has been disbursed to the Recipient and DCC notifies the Recipient of its decision not to release funds that have been withheld pursuant to paragraph 17, the portion that has been disbursed shall thereafter be repaid immediately. DCC may consider the Recipient’s refusal to repay the requested disbursed amount a material breach.

Item Number: 9.

DCC-2325 (12/2021)
If DCC notifies the Recipient of its decision to withhold the entire funding amount from the Recipient pursuant to this paragraph, this Agreement shall terminate upon receipt of such notice by the Recipient and DCC shall no longer be required to provide funds under this Agreement and the Agreement shall no longer be binding on either party.

In the event DCC finds it necessary to enforce this provision of this Agreement in the manner provided by law, the Recipient agrees to pay all enforcement costs incurred by DCC including, if DCC should prevail in a civil action, reasonable attorneys’ fees, legal expenses, and costs related to the action.

19. Publicity and Acknowledgement
The Recipient agrees that it will acknowledge DCC’s support whenever projects funded, in whole or in part, by this Agreement are publicized in any news media, brochures, publications, audiovisuals, presentations or other types of promotional material and in accordance with the SOW attached to this Agreement. The Recipients may not use the DCC logo.

20. News Releases/Public Conferences
The Recipient agrees to notify the DCC in writing at least two (2) business days before any news releases or public conferences are initiated by the Recipient or its Contractors/Consultants regarding the project described in the Attachments, Scope of Work and Budget and any project results.

21. Scope of Work and Budget Changes
Changes to the Scope of Work, Budget, or the Project term, must be requested in writing to DCC Grant Administrative Contact no less than thirty (30) days prior to the requested implementation date.

Any changes to the Scope of Work and Budget are subject to DCC approval and, at its discretion, DCC may choose to accept or deny any changes. If accepted and after negotiations are concluded, the agreed upon changes will be made and become part of this Agreement. DCC will respond in writing within ten (10) business days as to whether the proposed changes are accepted.

22. Reporting Requirements
The Recipient agrees to comply with all reporting requirements specified in Scope of Work incorporated by reference to this Agreement as an attachment.

23. California State Auditor
This Agreement is subject to examination and audit by the California State Auditor for a period of three (3) years after final payment under the Agreement.

24. Equipment
Purchase of equipment not included in the approved Budget requires prior approval. The Recipient must comply with applicable state requirements regarding the use, maintenance, disposition, and reporting of equipment.

25. Closeout
The Agreement will be closed out after the completion of the Project or project term, receipt and approval of the final invoice and final report, and resolution of any performance or compliance issues.

Item Number: 9.

DCC-2325 (12/2021)

26. Confidential and Public Records
The Recipient and DCC understand that each party may come into possession of information and/or data which may be deemed confidential or proprietary by the person or organization furnishing the information or data. Such information or data may be subject to disclosure under the California Public Records Act or the Public Contract Code. DCC had the sole authority to determine whether the information is releasable. Each party agrees to maintain such information as confidential and notify the other party of any requests for release of information.

27. Amendments
Changes to funding amount or Agreement term require an amendment and must be requested in writing to the DCC Agreement Manager or designee no later than sixty (60) calendar days prior to the requested implementation date. Amendments are subject to DCC approval, and, at its discretion, may choose to accept or deny these changes. No amendments are possible if the Agreement is expired.

Item Number: 9.

DCC-2325 (12/2021)

EXHIBIT C

PAYMENT AND BUDGET PROVISIONS

1. Invoicing and Payment
A. For activities satisfactorily rendered and performed according to the attached Scope of Work and Budget, and upon receipt and approval of the invoices, DCC agrees to reimburse the Recipient for actual allowable expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this Agreement.

B. Invoices must include the Agreement Number, performance period, type of activities performed in accordance with this Agreement, and when applicable, a breakdown of the costs of parts and materials, labor charges, and any other relevant information required to ensure proper invoices are submitted for payment.

C. Unless stated in the Scope of Work, quarterly invoices must be submitted to the DCC Administrative Contact, within thirty (30) calendar days after the end of each quarter in which activities under this Agreement were performed.

D. Unless stated in the Scope of Work, a final invoice will be submitted for payment no more than thirty (30) calendar days following the expiration date of this Agreement, or after project is complete, whichever comes first. The final invoice must be clearly marked “Final Invoice” thus indicating that all payment obligations of the DCC under this Agreement have ceased and that no further payments are due or outstanding.

2. Allowable Expenses and Fiscal Documentation
A. The Recipient must maintain adequate documentation for expenditures of this Agreement to permit the determination of the allowability of expenditures reimbursed by DCC under this Agreement. If DCC cannot determine if expenditures are allowable under the terms of this Agreement because records are nonexistent or inadequate according to Generally Accepted Accounting Principles, DCC may disallow the expenditures.

B. If mileage is a reimbursable expense, using a privately-owned vehicle will be at the standard mileage rate established by the United States (U.S.) Internal Revenue Service (IRS) and in effect at the time of travel. The standard mileage rate in effect at the time of travel can be found on IRS’s website regardless of funding source/type.

C. If domestic travel is a reimbursable expense, receipts must be maintained to support the claimed expenditures. The maximum rates allowable for travel within California are those established by the California Department of Human Resources (CalHR). The maximum rates allowable for domestic travel outside of California are those established by the United States General Services Administration (GSA).

If domestic travel is a reimbursable expense, receipts must be maintained to support the claimed expenditures. The maximum rates allowable are those established by the Federal Travel Regulation, issued by General Services Administration (GSA), including the maximum per diem and subsistence rates prescribed in those regulations.

D. If foreign travel is a reimbursable expense, receipts must be maintained to support the claimed expenditures. The maximum rates allowable are those established in a per diem supplement to Section 925, Department of State Standardized Regulations.

Item Number: 9.

DCC-2325 (12/2021)
E. The Recipient will maintain and have available, upon request by DCC, all financial records and documentation pertaining to this Agreement. These records and documentation will be kept for three (3) years after completion of the Agreement period or until final resolution of any performance/compliance review concerns or litigation claims.

3. Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in, California Government Code Title 1, Division 3.6, Part 3, Chapter 4.5, commencing with Section 927 - The California Prompt Payment Act.

4. Budget Contingency Clause
If funding for any fiscal year is reduced or deleted for purposes of this program, the DCC has the option to either cancel this Agreement with no liability occurring to the DCC or offer to amend the Agreement to reflect the reduced amount.

Item Number: 9.

EXHIBIT C1
Budget Worksheet
Item Number: 9.

DCC-2325 (12/2021)

EXHIBIT D

SPECIAL TERMS AND CONDITIONS
This California Local Jurisdiction Assistance Grant Program Agreement (“Agreement”) is by and between [local jurisdiction] (“Grantee”), and the Department of Cannabis Control (“Department”), hereinafter jointly referred to as the “Parties” or individually as the “Party.” Unless otherwise specified in this Agreement, all definitions, rules, guidelines, and requirements specified in the California Local Jurisdiction Assistance Grant Program Guidelines (Grant Guidelines) issued on [date], shall apply to this Agreement. The identification number for this Agreement is [Agreement#].

In consideration of the mutual convents and promises in this Agreement, the Parties agree as follows:

1. Authority. This Agreement is authorized and entered into pursuant to the Budget Act of 2021, Item 1115-101-0001 – For local assistance. The Local Jurisdiction Assistance Grant Funding allows for direct assistance to local jurisdictions’ commercial cannabis programs to transition provisional licenses to annual licenses.

2. Grant Term. The performance period of this Agreement shall be from the specified date of the Grant Funding Expenditure Period through March 31, 2025 (“Grant Term”). Grant funds shall be expended only during the Grant Term.

3. Grant Award. Based on the Department’s review of the Grantee’s application and Annual Plan, which constitutes the Scope of Work for this Agreement and is incorporated herein by reference as Exhibit A, and pursuant to the Grant Guidelines, and conditioned upon the requirements set forth in this Agreement, the Department shall provide Grantee a grant award amount as specified in the Grant Award Notification for the term of this Agreement. The Grant Award and Grant funding is to be used for the purposes specified in the Grant Guidelines, and pursuant to the Scope of Work. In no event shall the Department be obligated to pay any amount in excess of the awarded amount.

Grantee waives any and all claims against the Department and the State of California for any costs that exceed the grant award amount identified in the Grant Award Notification.

4. Unused Grant Funds. Any amount of grant funds provided for under this Agreement that is not expended by the end of the Grant Term, or at the termination of this Agreement, whichever is sooner, shall be returned to the Department. Grantee shall notify Department of such unused funds and Department shall provide Grantee with instructions as to how to return the funds.

5. Funding Contingency Clause. The funding for this Agreement is allocated pursuant to the Local Jurisdiction Assistance Grant Funding. Grantee agrees that the Department’s obligation to pay any sum under this Agreement is contingent upon availability of funds disbursed from the Local Jurisdiction Assistance Grant Funding. If there is insufficient funding, the Department shall have the option to either: 1) terminate this Agreement, whereby no party shall have any further obligations or liabilities under this Agreement, or 2) negotiate an Agreement amendment with Grantee to reduce the grant award and scope of work to be provided under this Agreement.

6. Grant Fund Disbursement. Grant funds awarded pursuant to the Local Jurisdiction Assistance Grant Funding will be issued directly to Grantee in one disbursement, upon execution of this Agreement, and passing of a resolution or similar approving authority by the local jurisdiction.

Item Number: 9.

DCC-2325 (12/2021)

7. Subcontractors. No amount of the grant award may be used to subcontract any of the commitments contemplated in this Agreement to another entity or person, unless with the written approval of the Department pursuant to section 13 of this Agreement or if the subcontract work is included the Grantee’s Annual Plan and Application Budget Form that was submitted and approved by the Department.

8. Documentation and Reporting Requirements. Grantee must be able to demonstrate to the satisfaction of the Department that the grant funds were expended for eligible uses and consistent with the activities identified in its application, and under the Grant Program. Grantee must provide progress and annual reports as specified in the Grant Guidelines. Grantee must maintain records detailing the expenditure of all grant funds for a period of seven (7) years after the end of the Grant Term and shall provide this information to the Department upon request.

9. Audit. Grantee agrees that the Department, the California State Auditor, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The books, accounts, files, receipts, and other records of Grantee which are applicable to this Agreement shall be made available for inspection, review, and audit immediately upon request by the Department and its representatives to verify proper use of the grant award, in accordance with the Grant Guidelines. Grantee agrees to allow the auditor(s) access to such records and to allow interviews of any employees who might reasonably have information related to such records. Further, Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement.

10.Eligible Uses. Grant funds shall be used for the purpose of assisting local applicants and local licensees in that local jurisdiction to transition from provisional licenses to annual license, and to successfully operate in, the state’s regulated cannabis marketplace and consistent with the Grant Guidelines and the Grantee’s application for Local Jurisdiction Assistance Grant Funding. As determined by the Department, upon its review, Grantee shall reimburse the Department for any ineligible or improper uses of grant funds.

11.Termination of Agreement. This Agreement may be terminated by the Department upon action, or inaction by the Grantee that constitutes a material breach of this Agreement. A material breach includes, but is not limited to, refusal or inability to complete the commitments contemplated in this Agreement or the Grant Guidelines, improper expenditure of grant funds, failure to properly maintain records or allow the Department access to records as required under this Agreement or the Grant Guidelines, and failure to timely complete and submit the reports required under this Agreement or the Grant Guidelines. The Department will notify Grantee in writing if it intends to terminate the Agreement pursuant to this section and provide Grantee an opportunity to cure the breach within thirty (30) calendar days.

12.Assignment. This Agreement is not assignable by Grantee, either in whole or in part, without the consent of the Department in the form of a written amendment.

13.Amendment. This Agreement may be amended or modified only in writing signed by all parties.

Item Number: 9.

DCC-2325 (12/2021)

14.Grantee – Representations and Warranties. Grantee represents and warrants that:
a. Grantee is an eligible applicant as set forth in the Grant Guidelines; b. It is not a party to any agreement, written or oral, creating obligations that would prevent it from entering into this Agreement or satisfying the terms herein; c. All of the information in its grant application and all materials submitted to the Department are true and accurate;
d. Grantee’s governing body has authorized the Grantee to enter into this Agreement and has designated by title the individual authorized to sign the Agreement on behalf of Grantee;

15.Nondiscrimination. Grantee shall comply with all applicable federal and state laws and statutes related to nondiscrimination, including, but not limited to, race, color, national origin, gender, handicap or disability, sexual preference, drug addiction, and alcoholism.

16.Union Activities. Grantee acknowledges that Government Code Section 16645.2 applies to this Agreement. Pursuant to Government Code Section 16645.2, Grantee certifies that none of the grant award will be used to assist, promote, or deter union organizing. If Grantee makes expenditures to assist, promote, or deter union organizing, it shall maintain records sufficient to show that no portion of the grant award was used for those expenditures. Grantee shall provide those records to the Attorney General upon request.

17.Media Release. Grantee may elect to issue a press release related to this Agreement, but any release shall be approved by the Department in writing prior to such release. Such approval shall not be unreasonably withheld.

18.Indemnification/Warranty and Disclaimer/Limitation of Liability. Grantee shall defend, indemnify, and hold the Department and its agents or assigns, harmless from and against all claims, damages, and liabilities (including reasonable attorneys’ fees) arising from this Agreement due to the Grantee’s breach of this Agreement, or the result of the Grantee’s negligence or willful misconduct.

Under no circumstances will the State of California, the Department, its agents, or employees, be liable to the grantee for any direct, indirect, incidental, special, or consequential damages that arise from this agreement.

19.Force Majeure. If by reason of force majeure Grantee’s performance hereunder is delayed or prevented, then the performance by Grantee may be extended for the amount of time of such delay or prevention. The term “force majeure” shall mean any fire, flood, earthquake, or public disaster, strike, labor dispute or unrest, embargo, riot, war, insurrection or civil unrest, any act of God, any act of legally constituted authority, or any other cause beyond the Grantee’s control which would excuse Grantee’s performance as a matter of law.

20.Notice of Force Majeure. Grantee agrees to provide the Department written notice of an event of force majeure under this Agreement within ten (10) days of the commencement of such event and within ten (10) days after the termination of such event, unless the force majeure prohibits Grantee from reasonably giving notice within this period. Grantee will give such notice at the earliest possible time following the event of force majeure.

21.Integration. This Agreement (including the exhibits hereto and any documents explicitly incorporated by reference, and any written amendments hereof executed by the Parties) constitutes the entire Agreement between the Parties related to this grant award and supersedes all prior agreements and understandings, oral and written, between the Parties with respect to the grant Item Number: 9.

DCC-2325 (12/2021)
award described herein.

22.Notice. Within thirty (30) calendar days of the effective date of this Agreement, Grantee shall notify the Department, in writing, of the name, address, phone number, and email of its contact person for future communication relating to this Agreement. In addition, Grantee agrees to immediately inform the Department of any changes to the name, address, phone number, and email of its contact person. Unless otherwise specified in this Agreement, any notice required or permitted to be given under this Agreement to the Department shall be emailed to [email protected].

23.Ambiguities. Each Party has had the opportunity to seek the advice of counsel or has refused to seek the advice of counsel. Each Party and its counsel, if appropriate, have participated fully in the negotiation, drafting, review, and revision of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any Party.

24.Necessary Acts, Further Assurances. The Parties shall at their own cost and expense execute and deliver any further documents and shall take such other actions as may be reasonably required or appropriate to carry out the intent and purposes of this Agreement.

25.Sections and Other Headings. The section and other headings contained in the Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.

26.Representation on Authority of Parties/Signatories. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each Party represents and warrants to the other that the execution and delivery of this Agreement and the performance of such Party’s obligations hereunder have been duly authorized, and that this Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms.

27.Severability. If any portion of this Agreement is to any extent invalid, illegal, or incapable of being enforced, such portion shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms hereof shall remain in full force and effect.

28.Governing Law and Consent to Jurisdiction. The Agreement will be governed, construed, and enforced according to the laws of the State of California without regard to its conflict of laws rules.

Each party hereby irrevocably consents to the exclusive jurisdiction and venue of any state court located within Sacramento County, State of California in connection with any matter arising out of this Agreement or the transactions contemplated under this Agreement.

Item Number: 9.

SR-22-011
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: January 18, 2022
Department: City Manager
Prepared by: Daniel Porras, Assistant City Manager
Subject: 2022 Tour de Palm Springs
RECOMMENDATION:

Staff is recommending that the City Council:
1) Approve the proposed 2022 route through the City limits; and 2) Consider funding the in-kind City estimated cost range between $7,309 - $9,746 for manual traffic control staffing of intersections.

BACKGROUND:

The Tour de Palm Springs is a cycling charity event that is open to the public and is held in the City of Palm Springs with cyclists traveling throughout the Coachella Valley. It is estimated that between 6,000 to 10,000 cyclists register and participate in the event each year in various cycling routes and distances.

The participants travel from all over the world to be part of this event every year. This event is held once a year with a starting and ending point in the City of Palm Springs, and various staging areas set up in other Cities around the Coachella Valley.

The Tour de Palm Springs is a charity event that generates revenue and provides charitable funds to various organizations, including the following charities from Desert Hot Springs; • Angel View
• Desert Hot Springs High School (Marching/Jazz)
• Desert Hot Springs Public Safety Academy
• Shea’s Veterans Center
• STEM-ing Careers
Over the past few years, the Tour de Palm Springs event has designated various cycling routes that either pass through, within, or next to the City of Desert Hot Springs City limits. The Tour de Palm Springs is responsible for obtaining all special event permits from the City of Desert Hot Springs if the event enters the City limits.

For the past few years, the following cycling routes from the Tour de Palm Springs have passed through, within, or next to the City of Desert Hot Springs City Limits.

Item Number: 10.

SR-22-011
In 2017 and 2018, the 100 Mile cycling route traveled through a route from Palm Springs - Indian Canyon – Garnett Ave – 20th Ave – Worsley Road – Dillon Road – to Coachella, as shown in the map below. All cyclists were to obey all traffic laws (there were no street closures, no lane closures, and no traffic control devices installed). Police Department Staff provided manual traffic control at the intersections of Dillon Rd at Little Morongo Rd and Dillon Road at Palm Drive at the City’s expense.

In 2019, the 100 mile cycling route was proposed to travel a new route that passed through the City of Desert Hot Springs via the Palm Drive Corridor. On January 15th, 2019, the City Council denied this proposed route and instead approved the same route from the previous year of 2018. However, during the item's discussion suggestions were made that an alternate route through the City could be considered for future events.

In 2020, the 100 Mile cycling route traveled through the route from Palm Springs - Indian Canyon – Garnett Ave – 20th Ave – Worsley Road – Indian Canyon Dr - Dillon Road – to Coachella, as shown in the map below.

Item Number: 10.

SR-22-011
All cyclists were to obey all traffic laws (there were no street closures, no lane closures, and no traffic control devices installed). Police Department Staff provided manual traffic control at the following intersections and was partially reimbursed $4,292.82 from the Tour de Palm Springs.

1.Worsley/Pierson

2.Worsley/Indian

3.Mission Lakes/Indian

4.Indian/Pierson

5.Indian/Two Bunch

6.Little Morongo/Dillon

7.Dillon/Palm
In 2021, no event was held.

DISCUSSION:

When the City Council denied the proposed route through the City's Palm Drive Corridor in 2019, the discussion provided suggestions that an alternate route through the City could be considered for future events.

For the 2022 event, the City received interest from the Tour de Palm Springs proposing the new 100 Mile cycling route from Palm Springs - Indian Canyon – Garnett Ave – 20th Ave – Worsley Road – Indian Canyon – Mission Lakes Blvd – Little Morongo Rd - Dillon Road - Coachella, as shown in map Item Number: 10.

SR-22-011
below. This route is less disruptive to City traffic and provides increased rider safety when compared to the proposed 2019 Palm Drive Corridor route. The proposed route also includes having a staging area inside the Mission Lakes Shopping Center located on the southwest corner of Mission Lakes Blvd and Little Morongo Road.

This proposed route will impact additional intersections within City limits therefore the installation of traffic control devices and traffic control staffing at intersections are recommended as safety measures.

1. Worsley/Pierson – 2 officers

2. Worsley/Indian – 2 officers

3. Mission Lakes/Indian- 1 officer

4. Mission Lakes/Little Morongo – 1 officer

5. Little Morongo/Pierson – 2 officers

6. Little Morongo/Two Bunch – 1 officer

7. Little Morongo/Dillon – 2 officers

8. Dillon/Palm – 2 officers
Item Number: 10.

SR-22-011

9. Sergeant – motor (roving)

10.Sergeant – supervisor (roving)
The Tour de Palm Springs will be responsible for the installation of traffic control devices similar to other areas throughout their entire route. The installation of traffic control devices within the City is estimated to cost $6,242.

The Tour de Palm Springs is currently seeking the City of Desert Hot Springs to provide an in-kind donation to cover the costs for the increased manual traffic control staffing at intersections within the City. Staff overtime costs are estimated to range between $7,309 to $9,746 depending on actual hours of coverage.

FISCAL IMPACT:

The estimated cost range for traffic control staffing is between $7,309 to $9,746 and will be included in the FY21-22 Mid-Year Budget Adjustments upon City Council approval.

ATTACHMENTS:

Exhibit 1 - Tour De Palm Springs - DHS Proposed Route
Item Number: 10.

Tour De Palm Springs
City of Desert Hot Springs

TWO BUNCH PALMS TRAIL

PIERSON BLVDPALM DRIVE

DILLON RD

CITY OF DESERT HOT

SPRINGS LIMITS

N INDIAN CANYON DR

MISSION LAKES BLVD

LITTLE MORONGO RD
2022 PROPOSED ROUTE

STAGING AREA
Item Number: 10.

SR-22-010
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: January 18, 2022
Department: City Manager
Prepared by: Doria Wilms, Deputy City Manager
Subject: Habitat for Humanity Funding Request
RECOMMENDATION:

Consider a funding request in the amount of $200,000.00 from Habitat for Humanity for the construction of two low-to-moderate income homes in the City.

DISCUSSION:

On November 9, 2021, City Staff met with representatives from Habitat for Humanity to discuss the process to develop homes on two vacant lots in the City that are owned by the organization.

The first vacant lot is located on Flora Avenue (APN 641-09-1011). The second vacant lot is located on Mission Lakes Blvd (APN 639-04-1001).

On November 18, 2021 Habitat for Humanity submitted a letter requesting support from the City of Desert Hot Springs in the amount of $100,000 for each of the two homes, in the form of cash contributions and reductions in permit and/or impact fees.

In the funding request letter, Habitat for Humanity states that the City's partnership in these projects would assist in facilitating their ability to break ground on these lots in the first quarter of 2022.

Each home is slated to encompass 1400 square feet with the overall construction budget estimated at $500,000.

In addition to contributing their own capital, Habitat for Humanity is seeking grants and donations to cover the remaining construction costs. They have indicated that applicants would be screened to select two low-to-moderate income families to purchase the homes with affordable income-based mortgages.

Additionally, Habitat for Humanity has specified that every effort would be made to give preference to current residents of Desert Hot Springs.

In addition to new home construction, Habitat for Humanity provides 'A Brush of Kindness' safety hazard and property damage repairs, emergency household needs assistance, pandemic-related wellness checks and linkage and referrals to vital community services. As part of this request, Habitat for Humanity has indicated that they would welcome the opportunity to explore opportunities for 'A Brush of Kindness' projects in Desert Hot Springs in conjunction with the two proposed builds to maximize the impact of their work in the City.

Item Number: 11.

SR-22-010
Should the City Council elect to move forward with funding, options include direct funding to Habitat for Humanity from Fund 700 - Housing Authority, in an amount to be specified by the City Council.

Fund 700- Housing Authority is restricted and must be used for low-moderate housing and/or neighborhood renewal programs and uses. This fund is supplied via former Redevelopment obligations and has a current balance of $1.5 million dollars. We anticipate additional funds of $1.6 million dollars over the next two fiscal years, for a total of $3.1 million dollars for these types of uses.

It is estimated that the cost of Building, Planning, and Engineering Permits and Plan Check fees would total approximately $19,640.00 per house.

Staff is asking the City Council to provide direction to staff with respect to this funding request.

FISCAL IMPACT:

Potential reduction in the Fund 700 - Housing Authority balance, in an amount specified by the City Council to cover the cost of Building, Planning and Engineering permits and plan checks and any other approved financial support for the projects.

ATTACHMENTS:

Habitat for Humanity Funding Request Letter
Item Number: 11.

November 18, 2021
Scott Matas, Mayor
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Dear Scott,
Thank you for taking the time to discuss Habitat for Humanity of the Coachella Valley’s (HFHCV) upcoming construction projects. In order to address escalating needs for affordable housing, HFHCV is currently in the planning stages of construction of two new homes in Desert Hot Springs. We respectfully request consideration of support from the City of Desert Hot Springs in the amount of $100,000 for each of the two homes in the form of cash contributions and reductions in impact fees.

Your partnership on these projects will facilitate our ability to break ground in the first quarter of 2022 on the two lots, which are located on Mission Lakes Boulevard (APN # 639041001) and Flora Avenue (APN # 641091011). Each home encompasses approximately 1,400 square feet. The overall construction budget for the two homes is approximately $500,000. We are seeking grants and donations to cover the remaining costs in addition to contributing our own capital. Portions of recent grants will support these projects, including grants recently received from the Annenberg Foundation ($50,000), First Foundation ($20,000), FirstBank ($10,000), and Pacific Western Bank ($15,000).

As the construction process proceeds, we will simultaneously screen applicants to select two low-tomoderate income families to purchase the homes with affordable income-based mortgages. We will make every effort to give preference to current residents of Desert Hot Springs. When HFHCV builds homes in partnership with low-to-moderate income families, we work with clients to fit their mortgage to their monthly budget, typically less than 30% of monthly household income, regardless of the home’s fair market value.

Clients undergo a mortgage approval process, credit counseling and demonstrate ability to pay the bank’s modest mortgage payment that is established after review of household finances. Clients invest "sweat equity" by helping to build the homes if they are physically able or enlisting help from family members if not.

We make every effort to recycle and repurpose materials, resulting in less waste tonnage in landfills and reduced carbon footprint. In 2021, we completed two homes in Indio that are now owned by two lowincome multi-generational Hispanic families.

HFHCV has a long history of providing housing assistance services to low-income Desert Hot Springs residents. In the past year alone, projects in the City have included purchase of a new 100 gallon water heater for a group home for homeless Veterans; purchase and installation of a new washer and dryer for a 93 year old woman who had been relying on her neighbors to help with laundry when her washer and dryer broke; purchase of a new refrigerator for a non-ambulatory disabled man who needed a wheelchair accessible refrigerator; donation of furnishings to a previously homeless women who had finally acquired housing but had no furniture, including a new bed, kitchen table, chairs, sofa, a dresser, and other household items; and donation of a dresser for another previously homeless individual who acquired housing. In 2019, we sold a home we refurbished on Fourth Street to a low-income Hispanic family of five.

HFHCV is a financially and programmatically independent affiliate of Habitat for Humanity, a global nonprofit housing organization working in over 1,300 communities nationwide and over 70 countries. Since Item Number: 11.

1989, HFHCV has provided housing assistance services to the Coachella Valley’s most vulnerable residents, including seniors, communities of color, the disabled, and military and veterans households. Last year of 227 clients served, 61% of clients were from underserved communities of color; 38% seniors; 29% disabled; 16% Veterans; and 100% low income.

In addition to new home construction, we provide ‘A Brush With Kindness’ safety hazard and property damage repairs, emergency household needs assistance, pandemic-related wellness checks, and linkages and referrals to vital community services. We welcome the opportunity to explore opportunities for ‘A Brush With Kindness’ projects in Desert Hot Springs in conjunction with the two proposed builds to maximize the impact of our work. Thank you again for this opportunity to request support from the City of Desert Hot Springs. Please contact me with any questions at (760) 969-6917 ext. 201.

With deep gratitude,
Dave Thornton
Executive Director
cc: Tracy Tremblay
Item Number: 11.

SR-22-014
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: January 18, 2022
Department: City Council
Prepared by: Jennifer Mizrahi, City Attorney
Subject: Resolution Urging the State of California to Consider Cannabis Cultivation Tax Reform
RECOMMENDATION:

Consider adopting "A Resolution of the City Council of the City of Desert Hot Springs, California, urging the State of California to consider cannabis cultivation tax reform.

BACKGROUND:

The attached resolution is intended to encourage the State to eliminate cultivation taxes and excise taxes. There is increasing pressure over the next several months for a tax moratorium at the state level and industry leaders are getting similar resolutions passed in many California counties/municipalities.

The Cities that have considered a Resolution similar to the attached include, City of Oakland, City of Eureka, and City of Rio Dell.

ATTACHMENTS:

Exhibit 1 - Resolution State Cultivation Tax Repeal
Item Number: 12.

RESOLUTION NO. 2022-______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT HOT

SPRINGS, URGING THE STATE OF CALIFORNIA TO CONSIDER

CANNABIS CULTIVATION TAX REFORM
WHEREAS, California voters passed Proposition 64 in 2016, establishing two commercial cannabis taxes that, effective January 1, 2018, imposed an excise tax upon the retail sale of cannabis or cannabis products at a rate of fifteen percent (15%), and a cultivation tax on all harvested cannabis that enters the commercial market at a rate of nine dollars and twenty-five cents ($9.25) for dry-weight flower per ounce, and two dollars and seventy-five cents ($2.75) per dry-weight leaves/trim per ounce; and WHEREAS, the City of Desert Hot Springs embraced de-criminalization of cannabis and established a local regulatory framework to permit commercial cannabis businesses, including those of cultivation; and
WHEREAS, the City recognizes that any onerous nature of State regulations can increase the presence of the illicit cultivation market, which could result in the economic instability of the legal market and has impacted the jurisdiction’s ability to provide other core mandated services; and
WHEREAS, Proposition 64 required that the Bureau of Cannabis Control convene a committee to advise the licensing authorities on the development of standards and regulations, including best practices and guidelines that protect public health and safety while ensuring a regulated environment for commercial cannabis activity that does not impose unreasonably impracticable barriers that perpetuate, rather than reduce and eliminate, the illicit market for cannabis. This committee came to be known as the Cannabis Advisory Committee (CAC); and
WHEREAS, in 2018, and again in 2019, the California Legislature considered, but did not approve, bills to temporarily eliminate the cultivation tax. California State Treasurer Fiona Ma, sponsor of Assembly Bill 286 (Bonta, 2019) argued that “given that we now have seen a year of severe under-collection of expected tax revenue and that the black market still exists, it is understood that excessive taxation is an obstacle to establish a fully viable legal market. Compliant businesses are at a significant disadvantage, and this high tax rate incentivizes businesses to stay underground.” Treasurer Ma characterized the bill as “imperative to temporarily lessen California’s total tax on cannabis, and give these businesses and the State enough time to fully implement Prop 64.”; and
WHEREAS, in 2019, Harinder Kapur, Senior Assistant Attorney General, testified to the California Legislature stating that upwards of 80 percent of California’s cannabis businesses remained in the illicit market; and
WHEREAS, in 2020, the Legislature approved Assembly Bill 1872 (Committee on Budget, Chapter 93, Statutes of 2020) which suspended for one year the California Department of Tax and Fee Administration’s authority to adjust the cannabis cultivation tax for inflation; and
Item Number: 12.

WHEREAS, on November 17, 2021, the California Department of Tax and Fee Administration announced that effective January 1, 2022, the State cultivation tax would increase from nine dollars and sixty-five cents ($9.65) to ten dollars and eight cents ($10.08) for flower per dry-weight ounce; from two dollars and eighty-seven cents ($2.87) to three dollars ($3.00) for leaves/trim per dry-weight ounce; and, from one dollar and thirty-five cents ($1.35) to one dollar and forty-one cents ($1.41) for fresh cannabis plant per ounce; and
WHEREAS, a November 2021 sales report from BDS Analytics shows that legal sales in California fell by more than eleven percent (11.4%) to $293.1 million when compared to last year and are down nearly eight percent (7.7%) from August 2021, additionally showing that cannabis flower sales fell twenty-three percent (23%), while concentrates, the second-largest product category, declined eight percent (8%); and WHEREAS, depending upon the economic reports viewed, it is possible that the licensed cannabis market could be currently experiencing a price collapse and that the average wholesale price for dried cannabis flower has dramatically fallen, which could effectively make the State cultivation taxes prohibitively high; and WHEREAS, the ongoing consequences of high State taxes has continued to economically challenge legal cannabis businesses and disincentivize the permitting and licensing of new cannabis businesses by local jurisdictions; and WHEREAS, local jurisdictions, including the City of Desert Hot Springs, have experienced increased challenges collecting cultivation taxes, and addressing illicit cultivation; and
WHEREAS, on November 8, 2016, Proposition 64 was enacted by a vote of the People to, “...accomplish [...] taxation on the growth and sale of cannabis in a way that drives out the illicit market for marijuana and discourages use by minors, and abuse by adults.”

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. ACTION.

The City of Desert Hot Springs City Council strongly urges Governor Newsom and the California Legislature to immediately eliminate the State-imposed cultivation tax and to development standards and regulations to protect public health and safety, while ensuring a regulated environment for commercial cannabis activity that does not impose unreasonably impracticable barriers that perpetuate, rather than reduce and eliminate, the illicit market for cannabis.

Section 2. CERTIFICATION.

That the City Clerk shall certify to the passage and adoption of this resolution, enter the same in Section 3. SEVERABILITY.

Item Number: 12.

That if any provision, section, paragraph, sentence or word of this Resolution 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 of this Resolution as hereby adopted shall remain in full force and effect.

Section 4. REPEAL OF CONFLICTING PROVISIONS.

That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.

Section 5. EFFECTIVE DATE.

That this Resolution shall take effect upon its adoption.

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on the 18th day of January 2022 by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAINING:

ATTEST: APPROVED:
_________________________________ ______________________________ Jerryl Soriano, CMC, City Clerk Scott Matas, Mayor
APPROVED AS TO FORM:
_________________________________
Jennifer A. Mizrahi, City Attorney
Item Number: 12.

SR-22-017
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: January 18, 2022
Department: City Council
Prepared by: Jennifer Mizrahi, City Attorney
Subject: Resolution In Support of Net Energy Metering
RECOMMENDATION:

Consider adopting "A Resolution of the City Council of the City of Desert Hot Springs, California, in support of Net Energy Metering."
BACKGROUND:

The attached resolution is to encourage the State to support and expand rooftop solar programs.

Several other cities have considered a resolution similar to that of the attached, including the City of Palm Springs.

ATTACHMENTS:

Exhibit 1 - Resolution in Support of Rooftop Solar Rights Item Number: 13.

RESOLUTION NO. 2022-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT

HOT SPRINGS, CALIFORNIA, IN SUPPORT OF NET ENERGY

METERING
WHEREAS, Net Energy Metering (NEM) is designed to support the installation of customer-sited renewable energy generation; and
WHEREAS, NEM allows customers to receive bill credits for power generated by their solar system and shared with the power grid and ultimately save money on their utility bills; and
WHEREAS, NEM is part of what has allowed solar to become increasingly accessible to low- and moderate-income households; and
WHEREAS, the California Public Utilities Commission (CPUC) has launched a formal proceeding to update the current NEM structure to be introduced in 2022 as NEM 3.0 and a number of parties have submitted their proposal for what they believe NEM 3.0 should look like; and
WHEREAS, the California Investor Owned Utilities (IOUs), Pacific Gas and Electric, San Diego Gas & Electric, and Southern California Edison, have submitted a joint proposal (the “IOU Proposal”) that calls for drastic changes to NEM that would make customer-sited renewable energy more expensive, increase the amount of time it takes for customers to pay off their systems, and ground to a halt the installation of distributed solar in California; and
WHEREAS, the IOU Proposal would make it very difficult for customer-sited renewables to continue to grow sustainably as mandated by law as a result of high monthly fixed fees for all solar installations, and decreasing credits customers receive for sharing their excess electricity with the power grid; and WHEREAS, proposals submitted to CPUC by Protect Our Communities Foundation, California Solar & Storage Association, Vote Solar, GRID Alternatives, Solar Energy Industries Association, and others not only would encourage new solar adoption but also include additional subsidies for low-income customers; and WHEREAS, it is unlikely that California meets its clean energy targets in time with utility-scale solar alone and would likely need to increase the amount of rooftop solar, as reported by the California Energy Commission 2021 SB 100 Joint Agency Report Summary; and
WHEREAS, protecting rooftop solar and expanding access to rooftop solar in communities of concern will help California as well as our own city to move toward 100 percent clean energy, lessen the impacts of the climate crisis, and reduce climate injustices from dirty energy; and
WHEREAS, we are likely in a climate crisis and need to make the transition to clean energy more accessible.

Item Number: 13.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Desert Hot Springs:

Section 1. ACTION.

The City Council supports protecting and expanding rooftop solar via a strong succeeding NEM tariff and expanding clean energy access by making it easier, not harder, for people to adopt rooftop solar and energy storage in order to meet California's ambitious clean energy targets and deploy solar in all communities and households, particularly those struggling to pay for electricity.

The Desert Hot Springs City Council urges the CPUC to:
(i) Strengthen NEM to expand access to all households, particularly those of low- and moderate-income;
(ii) expand access to other clean energy technologies that pair with solar, such as batteries;
(iii) ensure that the solar installations continue to grow in order to meet State and City climate goals; and
(iv) exclude provisions set forth in the IOU Proposal such as high monthly fixed fees, and reducing or eliminating credits for sharing electricity with the power grid.

Copies of this Resolution shall be sent to Governor Gavin Newsom, State Senator Melissa Melendez, Assemblymember Chad Mayes, and members of the California Public Utilities Commission Board.

Section 2. CERTIFICATION.

That the City Clerk shall certify to the passage and adoption of this resolution, enter the same in the book of original resolutions of the City and make a minute of passage and adoption thereof in the records of the proceedings of the City Council in the minutes of the meeting at which the same is passed and adopted.

Section 3. SEVERABILITY.

That if any provision, section, paragraph, sentence or word of this Resolution 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 of this Resolution as hereby adopted shall remain in full force and effect.

Section 4. REPEAL OF CONFLICTING PROVISIONS.

That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.

Item Number: 13.

Section 5. EFFECTIVE DATE.

That this Resolution shall take effect upon its adoption.

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on the 18th day of January 2022 by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAINING:

ATTEST: APPROVED:
_______________________________ _______________________________ Jerryl Soriano, CMC City Clerk Scott Matas, Mayor
APPROVED AS TO FORM:
_______________________________
Jennifer A. Mizrahi, City Attorney
Item Number: 13.

SR-22-003
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: January 18, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Appointment of a Delegate and Alternate Delegate for the 2022 Southern California Association of Governments (SCAG) Annual General Assembly RECOMMENDATION:

Appoint a delegate and alternate delegate for the 2022 SCAG Annual General Assembly on May 5, 2022.

DISCUSSION:

This year’s SCAG 2022 General Assembly will be held in Palm Desert at the JW Marriott Desert Springs Resort & Spa on Thursday, May 5, 2022.

Each year, SCAG member cities select a delegate and alternate representative to participate at this annual meeting.

Council Member Betts currently serves on the following SCAG Committees:
• Transportation Committee
• Regional Housing Needs Assessment (RHNA) Subcommittee Last year, Council Member Betts was the Delegate, and Council Member Pye was the Alternate.

The Delegate (or Alternate, in the absence of the Delegate) will have the opportunity to propose any policy matter for determination by the General Assembly in the form of a proposed Resolution and/or to propose revisions to the SCAG Bylaws. The deadline to submit is 5:00 p.m., Friday, February 4, 2022. All proposed Resolutions and/or Bylaws revisions will be reviewed by SCAG’s Bylaws and Resolutions Committee and Regional Council before being considered at the Regional Conference and General Assembly meeting.

FISCAL IMPACT:

None.

Item Number: 14.