Desert Hot Springs City Council
January 18, 2022

Draft Addendum to the General Plan Update EIR
Desert Hot Springs, Riverside County, California
Chambers Group, Inc. 88
21279
emergency access; construction activities within rights-of-way; and improvements for maintenance of roadways, utilities, and other infrastructures. With compliance with the City’s requirements, the proposed Project would not result in new, significant impacts; and no substantial changes to the previous analysis would be required.

E. Would the project cause substantial adverse cumulative impacts with respect to transportation and traffic?
As discussed above and in the GPU EIR, implementation of the GPU would contribute to a cumulative impact in the study intersections of the GPU EIR. Therefore, mitigation measures and intersection improvements have been implemented, and the identified improvements outlined are forecasted to operate within acceptable LOS for the GPU conditions. However, implementation of the GPU would result in significant and unavoidable impacts with regard to circulation, as some roadways would continue to experience unacceptable LOS as the timing of future roadway improvements is uncertain.

The proposed Project could result in cumulative impacts and result in significant and unavoidable impacts should the proposed Project and its proposed development impact the roadway intersections that were analyzed in the GPU EIR to be operating at unacceptable LOS levels. Although LOS is no longer being used as a metric to analyze transportation impacts, LOS can still be used to analyze a proposed Project’s consistency with the City’s GPU and other existing planning guidelines. As previously discussed, VMT is the metric used to analyze transportation impacts. The proposed Project, particularly the proposed new development for Parcels CD, E and F, would involve construction and operation of facilities that would provide additional existing services which are the expansion of a gas station, development of a spa facility and warehouses, service industries that are typically needed within a City. Because of these proposed uses, and in compliance with the City’s new development guidelines, the proposed Project would not result in new, significant impacts; and no substantial changes to the previous analysis would be required.

2.19 TRIBAL CULTURAL RESOURCES
Discussion
A. Cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
i) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or ii) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.

Draft Addendum to the General Plan Update EIR
Desert Hot Springs, Riverside County, California
Chambers Group, Inc. 89
21279
GPU EIR Analysis:

Implementation of the GPU includes future development within the Planning Area that would involve ground-disturbing activities that could result in damage or change in the description of Tribal Cultural Resources. As discussed in the GPU EIR, many areas of the City and its sphere of influence have not been formally surveyed for Tribal Cultural Resources or archaeological resources. Therefore, the potential for uncovering Tribal Cultural Resources is unknown. As such, the GPU has two policies that require all future development under the GPU to address potential for subsurface deposits and require individual cultural resources studies, including subsurface evaluations. These policies are:
▪ Policy OS-8.5: Archaeological
▪ Policy OS-8.6: Cultural Resources
Implementation of these requirements, which are part of the development review, would ensure no substantial adverse effects to Tribal Cultural Resources.

Proposed Project Analysis:

Parcels A and B are fully developed and operational as a parking lot and auto repair shop. Because the parcels are fully developed and the proposed Project does not include any ground-disturbing activity on these parcels, no new, significant impacts are expected to occur to historical resources or Tribal Cultural Resources.

Parcel C is a vacant lot and is proposed to be used as an expansion site for the existing gas station.

Parcels D, E, and F are also vacant properties and are proposed to be developed as a spa facility, and two warehouses respectively. As discussed in the GPU EIR, all future development within the Planning Area would be subject to City review and would require projects to address potential for subsurface deposits and include individual cultural resources studies. In addition, development projects subject to CEQA would require compliance with AB 52 Native American Consultation to coordinate and discuss Native American resources and identify appropriate mitigation measures to ensure historical resources and Tribal Cultural Resources would not incur potentially significant impacts. With compliance with City and State guidelines, no new, significant impact would occur; and no new substantial changes to the previous analysis are required.

B. Would the project cause substantial adverse cumulative impacts with respect to tribal cultural resources?
As discussed in the GPU EIR, no Tribal Cultural Resources have been identified in the Planning Area.

However, because the City has not been fully surveyed, resources could be present that have not been uncovered. During future development, and with the proposed Project, AB 52 consultations with Native American tribes would be required to identify Tribal Cultural Resources that could be impacted during development. Therefore, implementation of these regulations in addition to the GPU policies would not result in cumulative impacts.

Draft Addendum to the General Plan Update EIR
Desert Hot Springs, Riverside County, California
Chambers Group, Inc. 90
21279

2.20 UTILITIES AND SERVICE SYSTEMS
Discussion
A. Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? GPU EIR Analysis:

The GPU EIR noted that the GPU would likely result in both new and expanded water supply and distribution facilities. The GPU EIR also noted that current projections suggest a water supply deficiency toward the end of the 2040 planning horizon. The GPU notes many policies to assist with water conservation efforts including:
▪ Policy OS-3.1: Water Conservation
▪ Policy OS-3.2: Water Conservation Incentives
▪ Policy OS-3.5: Water District Consultation
▪ Policy OS-7.3: Drought Tolerant Landscapes
▪ Policy OS-7.4: Street Trees
Regardless, the anticipated growth under the GPU would be significant without mitigation. Mitigation Measure UTL-1 would ensure that developments under the GPU would not be approved if they increase water use in excess of what is identified for supply in 2040 under the most recent UWMP.

With incorporation of mitigation for water supply, impacts would be less than significant.

The GPU EIR noted that overall, the proposed GPU would result in new and expanded wastewater treatment facilities. The GPU EIR also noted that a substantial number of households need to be transitioned to the existing sewer system; and, if that were to occur, amounts would currently exceed the capacity of the wastewater treatment plant (WWTP). However, the amounts would be within the projected buildout of the proposed West Valley Water Treatment Plant (WVWTP). The development of the WVWTP facility will help to increase the capacity at the Horton Wastewater Treatment Plant (Horton WWTP) by diverting a portion of the existing served areas to the proposed WVWRF. The new WVWRP facilities will be developed to accommodate future expansions and upgrades to produce effluent to meet recycled water standards, when proposed by MSWD. Nonetheless, future development may require expanded wastewater facilities which would be funded by the charges from MSWD for new hookups. With funding and required environmental review, wastewater impacts would be less than significant.

The GPU EIR also noted that development within the Planning Area would result in an increase in impermeable surfaces, leading to the potential for increased stormwater runoff. The City’s Municipal Code (13.8.100 New Development and Redevelopment) requires stormwater to be managed on site.

Further policies such as GPU SN 7.1 Flood Control Improvements and SN 7.4 Master Drainage Plan help to manage stormwater impacts. Additionally, the City is co-permittee on the Whitewater River

Draft Addendum to the General Plan Update EIR
Desert Hot Springs, Riverside County, California
Chambers Group, Inc. 91
21279
Watershed Storm Sewer System (MS4) Permit which requires best management practices (BMPs) to minimize the impact of new developments and redevelopments in the Planning Area. Funding for stormwater management is provided annually based on lot sizes. With incorporation of policies and payment of funds for stormwater, impacts would be less than significant.

The GPU EIR noted that implementation of the GPU would lead to demand-driven expansion of telecommunication facilities and, subsequently, the possibility of physical environmental impacts covered under CEQA. Additionally, these facilities are provided by private organizations; and the infrastructure would be covered by service fees. Therefore, impacts would be less than significant.

Proposed Project Analysis:

All parcels are currently zoned for residential uses. Parcels A and B are existing commercial developments that are already connected to and utilizing existing utilities such as water, wastewater, stormwater, solid waste, and telecommunication facilities. Parcels C, D, E, and F are vacant and propose a gas station, spa, and two warehouses respectively. While the number of residential units would be reduced under the proposed Project, Parcel D proposes development of a spa and Parcels E and F propose development of warehouses, which may result in an increased water demand.

However, it is likely that the spa and warehouses would require the preparation of a Water Supply Assessment (WSA) in order to adequately determine available water supplies for current and future uses. Additionally, the Project would be required to comply with all of the City’s policies regarding water conservation; and Mitigation Measure UTL-1 would be implemented to ensure that developments under the GPU would not be approved if they increase water use in excess of what is identified for supply in 2040 under the most recent UWMP. With incorporation of mitigation and adherence to existing City policies, the Project would not result in any new or more severe impacts than those previously disclosed in the GPU EIR.

The potential increase in water demand from the spa and warehouses located on Parcels D, E, and F would be likely to result in an increase in wastewater. However, before construction, each individual project would be required to pay funds to support any future needed wastewater treatment expansion. Additionally, each additional project would require environmental review under CEQA to confirm that sufficient wastewater treatment is available. With adherence to existing State laws and City policies, the Project would not result in any new or more severe impacts than those previously disclosed in the GPU EIR.

As previously discussed, Parcels A and B are currently developed, while Parcels C, D, E, and F are vacant. Development of Parcels C through F would result in increased impermeable surfaces.

However, future developments would be required to comply with the City’s existing policies as well as the City’s MS4 permit to minimize stormwater impacts. Additionally, funding for stormwater management would be required, which is based on Benefit Assessment Units (BAU); a 1/6-acre lot is the equivalent to one BAU. One BAU requires an annual payment of $3.63. With adherence to existing policies, the MS4 permit, and payment of funds, the Project would not result in any new or more severe impacts than those previously disclosed in the GPU EIR.

Since Parcels C, D, E, and F are vacant, they would require the expansion of telecommunication facilities. However, development of these facilities would require environmental review under CEQA.

Additionally, these facilities are provided by private organizations, and the infrastructure would be covered by service fees. Therefore, impacts would be less than significant, and the Project would not

Draft Addendum to the General Plan Update EIR
Desert Hot Springs, Riverside County, California
Chambers Group, Inc. 92
21279
result in any new or more severe impacts than those previously disclosed in the GPU EIR and no substantial changes from the previous analysis would be required.

B. Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years?
GPU EIR Analysis:

As indicated in Threshold A above, the GPU EIR noted that the GPU is anticipated to require more water than is currently identified in the most recent MSWD UWMP. This shortfall is anticipated to occur toward the end of the planning horizon. Further conservation efforts and/or increased supply (from recycled water or other sources) may accommodate the anticipated growth. However, the anticipated growth under the GPU would be significant without mitigation. Mitigation Measure UTL1 would ensure that developments under the GPU would not be approved if they increase water use in excess of what is identified for supply in 2040 under the most recent UWMP. With incorporation of mitigation for water supply, impacts would be less than significant.

Proposed Project Analysis:

As mentioned in Threshold A above, the number of residential units would be reduced under the proposed Project. However, Parcel D would allow for development of a spa and Parcels E and F would allow for development of two warehouses, which may result in an increased water demand. However, it is likely that the spa and warehouse projects would require the preparation of a Water Supply Assessment (WSA) in order to adequately determine available water supplies for current and future uses. Additionally, the Project would be required to comply with all of the City policies regarding water conservation, and Mitigation Measure UTL-1 would be implemented to ensure that developments under the GPU would not be approved if they increase water use in excess of what is identified for supply in 2040 under the most recent UWMP. With incorporation of mitigation and adherence to existing City policies, the Project would not result in any new or more severe impacts than those previously disclosed in the GPU EIR no substantial changes from the previous analysis would be required.

C. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments?
GPU EIR Analysis:

As indicated in Threshold A above, the GPU EIR noted that the proposed GPU would result in new and expanded wastewater treatment facilities. The development of the WVWTP Facility will help to increase the capacity at the Horton WWTP by diverting a portion of the existing served areas to the proposed WVWRF. The new WVWRP facilities will be developed to accommodate future expansions and upgrades to produce effluent to meet recycled water standards, when proposed by MSWD.

Nonetheless, future development may require expanded wastewater facilities which would be funded by the charges from MSWD for new hookups. The City has proposed the following policies to require developers to consult with providers regarding adequate supply and pay their share of costs for localized wastewater infrastructure upgrades to ensure that service levels are met.

Draft Addendum to the General Plan Update EIR
Desert Hot Springs, Riverside County, California
Chambers Group, Inc. 93
21279
▪ Policy MI-14 Wastewater
▪ Policy MI-15 Wastewater Service Consultation
With funding and required environmental review, wastewater impacts would be less than significant.

Proposed Project Analysis:

As mentioned in Threshold A above, the potential increase in water demand from the spa and warehouses located on Parcels D, E, and F would be likely to lead to an increase in wastewater treatment. However, before construction, each individual project would be required to pay funds to support any future needed wastewater expansion. Additionally, each additional project would require environmental review under CEQA to confirm that sufficient wastewater treatment is available. With adherence to existing State laws and City policies, the Project would not result in any new or more severe impacts than those previously disclosed in the GPU EIR no substantial changes from the previous analysis would be required.

D. Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? GPU EIR Analysis:

The GPU EIR noted that under the GPU, the Planning Area is expected to accommodate more residential, commercial, mixed use, industrial, public uses, and open space/recreation land uses. In order to estimate solid waste generation under the GPU, the GPU EIR utilized per-capita waste generation rates for the City of Desert Hot Springs and unincorporated Riverside County (pounds per day per resident). The City has a number of obligations and policies to assist with reduction, recycling, and reuse of materials including:
▪ AB 939 - The California Integrated Waste Management Act ▪ Policy MI-11.12 Minimize Solid Waste Streams
▪ Policy MI-11.5 Development Impacts
▪ Municipal Code Title 8 Chapter 8.08: Provides framework to help the City meet its goals of reduction of solid waste and the solid waste stream
Implementation of these policies and programs will further reduce the amount of waste produced by the City and reduce the impact to less than significant.

Proposed Project Analysis:

All parcels are currently zoned for residential uses. Parcels A and B are existing commercial developments that are already producing solid waste. Parcels C, D, E, and F are vacant and would allow for a gas station expansion and construction a spa and two warehouses respectively. These proposed uses would result in a reduced impact on solid waste from their existing residentially zoned designations. Additionally, the proposed Project would be required to comply with all obligations and policies to reduce solid waste, including AB 939, Policy MI-11.12, Policy MI 11.5, and Municipal Code

Draft Addendum to the General Plan Update EIR
Desert Hot Springs, Riverside County, California
Chambers Group, Inc. 94
21279
Title 8 Chapter 8.08. Overall, with the proposed change from residential designations to commercial designations, impacts would be reduced under the proposed Project. With adherence to existing City policies and obligations, the Project would not result in any new or more severe impacts than those previously disclosed in the GPU EIR and no substantial changes from the previous analysis would be required.

E. Comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
GPU EIR Analysis:

The GPU EIR noted that any future project completed under the proposed GPU would be required to comply with all applicable federal, State, and local statutes and regulations related to solid waste management and reduction. Therefore, impacts would be less than significant.

Proposed Project Analysis:

The proposed Project would change the zoning designation for six separate parcels. Two of the parcels are already developed, and four are vacant. Any future projects developed under the GPU would be required to comply with all applicable federal, State, and local statutes and regulations related to solid waste management and reduction. Therefore, impacts would be less than significant and would not result in any new or more severe impacts than those previously disclosed in the GPU EIR and no substantial changes from the previous analysis would be required.

F. Would the project cause substantial adverse cumulative impacts with respect to utilities and service systems?
Development that results from the proposed GPU, in combination with other cumulative development in neighboring areas, would increase the demand for utilities. Utilities can be potentially impacted by increased population, especially when new facilities are not built to meet population increases or when existing facilities are not adequately maintained. Alternatively, impacts may also occur when new facilities are built, resulting in physical impacts to existing resources. Overall, the GPU accounts for both these scenarios. The GPU policies have been developed to mitigate potential negative environmental impacts. Additionally, new facilities are subject to both the provisions of the GPU and compliance with CEQA, when required. Environmental review would identify site-specific conditions and physical changes resulting from utility services expansion. Typical impacts associated with new facilities include short-term construction activities related to air quality pollutant emissions, temporary traffic detours, changes in traffic distribution, and noise.

While the number of residential units would be reduced under the proposed Project, Parcel D would allow for development of a spa and Parcels E and F would allow for development of two warehouses, which may result in an increased water demand. However, it is likely that this development would trigger the preparation of a WSA. Additionally, Mitigation Measure UTL-1 would be implemented, which would ensure that developments under the GPU would not be approved if they increase water use in excess of what is identified for supply in 2040 under the most recent UWMP. With incorporation of mitigation for water supply, impacts would be less than significant.

Draft Addendum to the General Plan Update EIR
Desert Hot Springs, Riverside County, California
Chambers Group, Inc. 95
21279

2.21 WILDFIRE
Discussion
A. Substantially impair an adopted emergency response plan or emergency evacuation plan? GPU EIR Analysis:

The GPU EIR determined that CAL FIRE-designated very high fire severity zones (VHFSZ) are present in the northern and western portions of the City. The City has adopted a policy to maintain and update the City’s Emergency Operations Plan (EOP) to stay current with staffing and technical capabilities of the City and cooperating agencies. As described in the GPU EIR, implementation of the GPU would also require the City to comply with policies within the Safety and Noise Element relating to the goal of providing a high level of fire protection services for the community and adequately addressing wildfires. Furthermore, Riverside County and the City of Desert Hot Springs have incorporated building codes to safeguard against fires. The GPU EIR states that the City intends to coordinate with appropriate agencies for the establishment and reestablishment of emergency evacuation routes. The GPU EIR concluded that GPU implementation would result in less than significant impacts regarding impairment of an emergency response or evacuation plan.

Proposed Project Analysis:

As discussed in Section 2.10, the six parcels of the proposed Project are not located within a fire hazard zone (CAL FIRE 2021); and the fire zones are predominantly located in the northern and western portions of the City, as noted in the GPU EIR. In addition, future development within the Planning Area would be reviewed for its consistency and potential interference with the City’s emergency operations, including with its adopted emergency plans. Therefore, the proposed Project would not create a new and significant impact involving the interference with an adopted emergency response plan or emergency evacuation plan, and no new substantial changes to the previous GPU EIR would be required.

B. Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
GPU EIR Analysis:

The GPU EIR identified steep slopes (greater than 10 percent) and VHFSZs in the northern and western portions of the City. The City has adopted the following policies to safeguard against wildfires in these areas:
▪ Policy SN-1.9: Onsite Wildfire Prevention Measures
▪ Policy SN-1.10: Fire Department Inspections
▪ Policy SN-1.16: Fire Department Review
Compliance with proposed GPU policies and the City’s guidelines will reduce these impacts to less than significant levels, according to the GPU EIR.

Draft Addendum to the General Plan Update EIR
Desert Hot Springs, Riverside County, California
Chambers Group, Inc. 96
21279
Proposed Project Analysis:

As discussed in part A, the six parcels of the proposed Project are not located within a fire hazard zone. Fire hazard zones are predominantly found in the northwestern and western portions of the City. In addition, the GPU policies outlined above would be implemented for any development within fire hazard areas to ensure a less than significant impact. Therefore, the proposed Project would not create a new and significant impact involving the interference with an adopted emergency response plan or emergency evacuation plan, and no new substantial changes to the previous GPU EIR would be required.

C. Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? GPU EIR Analysis:

The GPU EIR determined VHFSZs are present in the northern and western portions of the City. The following policies were included in the GPU to extend or install utilities, roads, other infrastructure facilities, and fire breaks around new buildings as well as maintain existing roads in the VHFSZs:
▪ Policy SN-1.23: Fire Risk Pre-Plans
▪ Policy SN-1.24: Roadside Fuel Reduction Plan
Any new installation or maintenance of infrastructure or utilities will undergo a permitting and review process pursuant to CEQA. The GPU EIR concludes that compliance with the above-mentioned GPU policies and City guidelines will reduce impacts to less-than-significant levels.

Proposed Project Analysis:

The proposed Project consists of revising the land use and zoning designations of six parcels to be consistent with current uses and to provide alternative development within the vacant parcels. The proposed Project would not include installation or maintenance of infrastructure that may exacerbate fire risks. Furthermore, the six parcels of the proposed Project are not located within a fire hazard area, as these areas are located mainly in the northern and western portions of the City. Therefore, the proposed Project would not create a new and significant impact; and no new,substantial changes to the previous GPU EIR would be required.

D. Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? GPU EIR Analysis:

As discussed previously, the GPU EIR identified VHFSZs in the northern and western portions of the City. The City has adopted policies and included the following policy in the GPU to expand the Desert Hot Springs Master Drainage Plan to address drainage and flooding concerns related to development within the Mission Creek and Morongo Wash drainage areas:
▪ Policy SN-7.4: Master Drainage Plan

Draft Addendum to the General Plan Update EIR
Desert Hot Springs, Riverside County, California
Chambers Group, Inc. 97
21279
The GPU also incorporates the following policy to coordinate with developers and property owners to plan and fund flow control improvements as well as promote more resilient land uses in floodplains:
▪ Policy SN-7.1 Flood Control Improvements
The GPU EIR concludes that implementation of the GPU may result in significant risk as a result of runoff or post-fire slope instability; however, compliance with proposed GPU policies and City guidelines is expected to reduce these impacts to a level of less than significant.

Proposed Project Analysis:

As discussed in part A, the six parcels of the proposed Project are not located within a fire hazard zone. Fire hazard zones are predominantly found in the northwestern and western portions of the City. The terrain of these parcels is relatively flat and is not anticipated to cause slope instability or create a significant risk as a result of a drainage change. While the proposed development for Parcels C, D, E, and F would result in altering the existing landscape and potentially drainages in Parcels D and F, as outlined in the GPU, development projects would be subject to the policies in the GPU and the development standards to ensure that the proposed Project would not result in a significant risk as a result of post-fire slope instability or drainage changes. Therefore, the proposed Project would not create a new and significant impact; and no new substantial changes to the previous GPU EIR would be required.

E. Would the project cause substantial adverse cumulative impacts with respect to wildfire? As discussed in the GPU EIR, the GPU provides policies to mitigate potential negative environmental impacts related to wildfire. Compliance with the GPU policies in the Safety and Noise Element, in addition to Riverside County and City of Desert Hot Springs codes, policies, and guidelines, will safeguard against cumulative risks. Additionally, new facilities from the implementation of the GPU and the proposed Project are subject to both the provisions of the GPU and compliance with CEQA, when required. Cumulative impacts, therefore, would be less than significant.

As previously discussed, the six parcels of the proposed Project are not located within a fire hazard zone. Fire hazard zones are predominantly found in the northwestern and western portions of the City. Parcels A and B are currently developed and its operations are not expected to create impacts to wildlife. Parcels C, D, E, and F are currently vacant and are proposed for development. Any future development within the Planning area would be reviewed for consistency and compliance with the GPU and existing City policies for fire safety.

Draft Addendum to the General Plan Update EIR
Desert Hot Springs, Riverside County, California
Chambers Group, Inc. 98
21279
SECTION 3.0 – REFERENCES
California Department of Forestry and Fire Protection (CAL FIRE) 2020 Fire Hazard Severity Zone Viewer.
https://gis.data.ca.gov/datasets/789d5286736248f69c4515c04f58f414Updated January 13, 2020. Accessed April 2021.

California Department of Transportation (Caltrans)
2018 State Scenic Highway. Accessed April 2021. Available online at:
https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=2e921695c43643 b1aaf7000dfcc19983
City of Desert Hot Springs (City)
2020a 2040 General Plan Update to the 2040 General Plan Update Environmental Impact Report (GPU EIR). Updated May 26.
2020b Land Use Policy Plan. Available online at:
https://f.hubspotusercontent30.net/hubfs/4435988/General%20Plan%20Land%20Use% 20Map.pdf
Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) 2005 Plan Maps, Figure 2-4, Existing Private and Public Conservation Lands. https://cvmshcp.org/Plan_Maps.htm. Accessed April 2021.

County of Riverside (County)
2021 Assessor County Clerk Recorder. https://ca-riversideacr.publicaccessnow.com/Search.aspx. Accessed April 2021.

Department of Toxic Contaminants (DTSC)
2021 EnviroStor. https://www.envirostor.dtsc.ca.gov/public/. Accessed April 2021.

United States Department of Agriculture (USDA)
2021 Natural Resources Conservation Service Web Soil Survey United States Fish and Wildlife Service (USFWS)
2020 National Wetlands Inventory (NWI), Wetlands Mapper. Data last updated October 1, 2020.

Subject
Site

EXHIBIT A
APN: 656-150-003: Currently zoned as Residential Low (R-L) to change to Visitor Serving Commercial (VS-C) to allow spa use (vacant large lot with hot water well) General Plan Designation Visitor Serving Commercial (VS-C) Surrounding Land Uses and Zoning
Current Land Use Zoning Designation General Plan
Designation
North (E) Residential Uses Residential Low (RL)Residential Low (R-L) (Up to 6.0 DU/AC)
West (E) Residential Uses Visitor ServingCommercial (VS-C)Visitor-Serving (V-S) South Vacant Residential
Land
Residential Low (RL)Residential Low (R-L)
(Up to 6.0 DU/AC)
East (E) Residential Uses Residential Low (RL)Residential Low (R-L) (Up to 6.0 DU/AC)

Subject
Site
APN: 641-091-021: Currently zoned as Residential Medium (R-M) to change to Mixed Use Corridor (MU-C) to allow auto repair shop (existing) General Plan Designation Mixed Use Corridor (MU-C)
Current Land Use Zoning Designation General Plan
Designation
North (E) Residential Uses Residential Medium
(R-M)
Residential Medium
(R-M) (Up to 20.0
DU/AC)
West (E) Residential Uses Residential Medium
(R-M)
Residential Medium
(R-M) (Up to 20.0
DU/AC)
South Vacant Residential
Land
Residential Medium
(R-M)
Residential Medium
(R-M) (Up to 20.0
DU/AC)
East (E) Auto Repair Mixed Use-Corridor
(MU-C)
Mixed Use-Corridor
(MU-C) (20.0 to 30.0
DU/AC)

APN: 641-091-025: Currently zoned as Residential Medium (R-M) to change to MU-C to allow adjacent ARCO expansion (vacant lot) General Plan Designation Mixed Use Corridor (MU-C)
Current Land Use Zoning Designation General Plan
Designation
North (E) Auto Repair Use Residential Medium
(R-M)
Residential Medium
(R-M) (Up to 20.0
DU/AC)
West (E) Residential Uses Residential Medium
(R-M)
Residential Medium
(R-M) (Up to 20.0
DU/AC)
South Vacant Residential
Land
Residential Medium
(R-M)
Residential Medium
(R-M) (Up to 20.0
DU/AC)
East (E) Arco Gas Station Mixed Use-Corridor
(MU-C)
Mixed Use-Corridor
(MU-C) (20.0 to 30.0
DU/AC)
Subject
Site

APN: 641-042-047: Currently zoned as Residential Medium (R-M) to change to DC (Downton Commercial) to be consistent with current uses General Plan Designation Commercial (Com)
Current Land Use Zoning Designation General Plan
Designation
North (E) Residential and
commercial parking
lot
Downtown
Commercial (C-D)
and Mixed-Use
Neighborhood (MUN)
Commercial (C) and
Mixed-Use
Neighborhood (MUN) (15 DU/AC)
West (E) Residential Uses Residential Medium
(R-M)
Residential Medium
(R-M) (Up to 20.0
DU/AC)
South Vacant Residential
Land
Residential Medium
(R-M)
Residential Medium
(R-M) (Up to 20.0
DU/AC)
East (E) Gymnasium (World
Gym)
Downtown
Commercial (C-D)
Commercial (C)
Subject Site

Subject
Site
APN: 665-100-026: Currently zoned as Residential Rural Desert (R-RD) to change to I-L (Light Industrial). General Plan Designation Industrial (I) Current Land Use Zoning Designation General Plan
Designation
North Vacant Residential
Land
Residential Rural
Desert (R-RD)
Residential Rural
Desert (R-RD) (1 DU/5
AC)
West Vacant Industrial Land Light Industrial (I-L) Industrial (I) South Vacant Residential
Land
Residential Low (RL)Residential Low (R-L)
(Up to 6.0 DU/AC)
East (E) Residential Use Residential Rural
Desert (R-RD)
Residential Rural
Desert (R-RD) (1 DU/5
AC)
Subject
Site

APN: 666-370-032: Currently dual zoning as Light Industrial and Commercial Business Park (I-L/C-BP) to change to I-L. General Plan Designation Industrial (I) Current Land Use Zoning Designation General Plan
Designation
North Vacant Industrial Land Residential Rural
Desert (R-RD)
Residential Rural
Desert (R-RD) (1 DU/5
AC)
West Vacant Industrial Land
And Specific Plan
Light Industrial (I-L) Industrial (I)
South Vacant Commercial
Land
Residential Low (RL)Residential Low (R-L)
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SR-22-016
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: January 18, 2022
Department: Community Development
Prepared by: Jennifer Mizrahi, City Attorney
Subject: Ordinance Amending Chapter 17.180 "Marijuana Facilities Operation and Location" Text in Order to Harmonize the Text With the Approved Land Use Tables Adopted by Ordinance 712 in May 2020 While Updating the Zoning for the 2020 General Plan Amendment
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) Concur in recommendation of the Planning Commission on December 14, 2021 that the City Council introduce for First Reading and read by title only “An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Chapter 17.180 "Marijuana Facilities Operation and Location" text in order to harmonize the text with the approved Land Use Tables adopted by Ordinance 712 in May 2020 while updating the zoning for the 2020 General Plan Amendment." BACKGROUND:

The City of Desert Hot Springs (“City”) is a charter city organized pursuant to Article XI of the California Constitution. After a duly noticed public hearing, on May 26, 2020, the City Council adopted and approved a General Plan Update and an amendment to the General Plan Land Use Map to update the General Plan and re-designate several properties in the City, GPA 20-1 (the “General Plan Amendment”). The City complied with CEQA for such General Plan Amendment.

In adopting the General Plan Amendment, the City also adopted Ordinance 712 (attached), which amended various chapters of the DHS Municipal Code, as well as several Tables. That said, some of the text of the DHS Municipal Code was never updated to reflect certain amendments provided by Ordinance 712. The below tables show the currently- allowed marijuana uses per district:
1) Table 17.12.01 “Permitted Uses – Commercial and Visitor Serving Districts” (pages 52-56 of Ordinance 712);

SR-22-016
2) Table 17.14.01 “Permitted Uses – Mixed-Use Districts” (pages 60-63 of Ordinance 712); 3) Table 17.16.01 “Permitted Uses – Industrial Districts” (pages 74-78 of Ordinance 712); Accordingly, this Ordinance merely updates the text of Chapter 17.180 to comply with the alreadyadopted tables as follows.

FISCAL IMPACT:

None
ATTACHMENTS:

Exhibit 1 - Proposed Ordinance
Exhibit 2 - Ordinance 712

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS AMENDING CHAPTER 17.180 “MARIJUANA FACILITIES OPERATION AND LOCATION”

TEXT IN ORDER TO HARMONIZE THE TEXT WITH THE APPROVED LAND USE TABLES ADOPTED BY ORDINANCE 712 IN MAY 2020 WHILE UPDATING THE ZONING FOR THE 2020 GENERAL PLAN AMENDMENT
WHEREAS, the City of Desert Hot Springs (“City”) is a charter city organized pursuant to Article XI of the California Constitution; and
WHEREAS, after a duly noticed public hearing, on May 26, 2020, the City Council adopted and approved a General Plan Update and an amendment to the General Plan Land Use Map to update the General Plan and re-designate several properties in the City, GPA 20-1 (the “General Plan Amendment”); and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”), Public Resources Code Sections 21000, et seq., and its implementing regulations, California Code of Regulations Section 15000, et seq., (“CEQA Guidelines”), the City, acting as Lead Agency, reviewed and certified a draft Environmental Impact Report (State Clearinghouse number 2019080101) prepared for the proposed General Plan Amendment and determined that, following the implementation of certain mitigated measures; and WHEREAS, the City adopted and approved, pursuant to the CEQA Guidelines Section 15093, the Statement of Overriding Considerations; and
WHEREAS, therefore, CEQA analysis has already been performed for this Ordinance, because this Ordinance merely updates the text of Chapter 17.180 to comply with the alreadyadopted land use tables; and WHEREAS, pursuant to Section 15162(a) of the CEQA Guidelines, once an EIR has been certified, no subsequent environmental review needs to be completed unless there are substantial changes in the project that warrant additional review; and WHEREAS, the City Council further finds that the adoption of this ordinance is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of this Ordinance in question may have a significant effect on the environment; and
WHEREAS, the Planning Commission held a duly noticed hearing on this Ordinance and recommended that the City Council adopt same; and
WHEREAS, this Ordinance is compatible with the general objectives of the General Plan and any applicable specific plan; and
WHEREAS, this Ordinance protects the public health, safety and welfare.

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

SECTION 1. RECITALS
The recitals and true and correct and are hereby incorporated.

SECTION 2. AMENDMENT OF CHAPTER 17.180 “MARIJUANA FACILITIES OPERATION AND LOCATION”
The City Council hereby amends Chapter 17.180 “Marijuana Facilities Operation and Location” which shall read as follows:

Chapter 17.180 MARIJUANA FACILITIES OPERATION AND LOCATION

17.180.010 Purpose and intent.

The intent of this chapter is to regulate all marijuana facilities within the City for the purpose of protecting the public health, safety, and welfare, and additionally, to mitigate the cost and burden on the City stemming from local control, oversight, and regulation of marijuana facilities.

Nothing in this chapter shall be construed to: (1) allow persons to engage in conduct that endangers others or causes a public nuisance; or (2) allow any activity relating to the cultivation, manufacturing, testing, distribution or consumption of marijuana that is otherwise illegal under California State law. (Ord. 683 3-19-19; Ord. 673 9-4-18; Ord. 671 7-3-18; Ord. 657 4-17-18; Ord. 635 11-7-17; Ord. 629 9-5-17; Ord. 597 2-7-17; Ord. 585 9-20-16)

17.180.020 Interpretation and applicability.

Operation of marijuana facilities within the City shall be permitted upon the application and approval of both a City-issued Conditional Use Permit, or Administrative Use Permit, as applicable, pertaining to the location of the facility and a City-issued Regulatory Permit pertaining to the operation of the facility in accordance with the criteria and procedures set forth in this chapter and the City’s Municipal Code, upon application and subject to such additional regulations as may be promulgated pursuant to this chapter.

A. The cultivation, manufacturing, testing, and distribution of marijuana in the City is controlled by the provisions of this chapter.

B. Nothing in this chapter is intended, nor shall it be construed, to burden any defense to criminal prosecution otherwise afforded by California law.

C. Nothing in this chapter is intended to preclude or otherwise affect the rights of a lessor of real property or any interest therein to restrict, limit, or prohibit any or all marijuana activity by a lessee.

D. Any marijuana facility that has: (1) submitted an application to the State licensing authority for a State license, once applications become available; or (2) is in good standing and compliance and/or has been in operation and good standing on or before January 1, 2018, may continue operations until its State license has been approved or denied by the State licensed agency.

E. Nothing in this chapter is intended to authorize, legalize, or exempt any activity arising out of or conducted in furtherance of the operation of a marijuana facility from any law, rule, or regulation that may be applicable to such activity including but not limited to rules and regulations pertaining to environmental, electrical, plumbing, building, construction, land use, labor or employment.

F. Marijuana facility business entity organizational status, such as it being a corporation or limited liability company or otherwise, must be compliant with applicable State law.

G. Nothing in this chapter is intended to authorize, legalize, or exempt any activity arising out of or conducted in furtherance of the operation of a marijuana facility from compliance with California law applicable to such activity.

H. All marijuana facilities and any activity arising out of or conducted in furtherance of the operation of a marijuana facility shall be subject to the provisions of this chapter regardless of whether the marijuana facility or activity existed or occurred prior to adoption of this chapter or any subsequent amendments hereto. The City hereby expressly reserves the right to supplement, modify, amend, repeal, or otherwise alter this chapter, and such changes shall be immediately binding on all marijuana facilities operating within the City regardless of when such facility began to operate or when such changes were adopted. Any reference in this chapter to California statutes shall include any regulations promulgated thereunder, and is hereby deemed to include any successor or amended version of the referenced statute or regulation promulgated thereunder. (Ord. 683 3-19-19; Ord. 673 9-4-18; Ord. 671 7-3-18; Ord. 657 4-17-18; Ord. 635 11-7-17; Ord. 629 9-5-17; Ord. 597 2-7-17; Ord. 585 9-20-16)

17.180.030 Definitions.

Words and phrases not specifically defined in this chapter shall have the meanings ascribed to them as follows.

When used in this chapter, the following words shall have the meanings ascribed to them in this section. Any reference to California statutes includes any regulations promulgated thereunder and is deemed to include any successor or amended version of the referenced statute or regulatory provision. Words and phrases not specifically defined in this Chapter shall have the meanings ascribed to them by the following sources:

A. The CUA of 1996 (California Health and Safety Code Section 11362.5), and as may be amended from time to time;
B. The MMPA (California Health and Safety Code Sections 11362.7 through 11362.83); C. The MAUCRSA (Medicinal and Adult Use Cannabis Regulation and Safety Act), enacted on June 27, 2017, as may be amended from time to time. “Cannabis” or “marijuana” shall have the same meaning as provide in Health and Safety Code Section 11018, as amended (which code section used to define “marijuana”). The terms “cannabis” and “marijuana” shall be used interchangeably in this chapter. “Cannabis concentrate” means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product’s potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this chapter. A cannabis concentrate is not considered food, as defined by Section 109935 of the Health and Safety Code, or a drug, as defined by Section 109925 of the Health and Safety Code. “Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
“Cultivator” means marijuana facilities licensed as a cultivation site or as a cultivator pursuant to California Business and Professions Code Section 19300 et seq., or pursuant to California Business and Professions Code Section 26000 et seq.
“Delivery” means the commercial transfer of cannabis or cannabis products from a State licensed distributor or retailer wherever located, to an adult 21 years of age or older, qualified patient, or primary caregiver located in the City of Desert Hot Springs, and shall include the use of any technology platform that enables adults 21 years of age or older, qualified patients, or primary caregivers located in Desert Hot Springs to arrange for or facilitate the commercial transfer of marijuana or marijuana products.

“Distribution” means the procurement, sale, or transport of cannabis or cannabis products either within the City limits, or to and from the City from a place outside the City limits, from a permitted business location of a licensed entity to a permitted business location of another licensed entity subject to State laws and regulations and subject to the provisions of this chapter and the City’s Municipal Code.
“Legal parcel” means a parcel of land for which 1 legal title exists. Where contiguous legal parcels are under common ownership or control, such legal parcels may at the option of the property owner be counted as a single parcel for purposes of this chapter. “Light manufacturer” means a person or entity that conducts the production, preparation, or compounding of cannabis or cannabis products either directly or indirectly not using any kind of extraction method whatsoever, but merely using chemical synthesis, such as baking or infusing at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container.
“Light manufacturing facility” means a facility that conducts the production, preparation, or compounding of cannabis or cannabis products either directly or indirectly not using any kind of extraction method whatsoever, but merely using chemical synthesis, such as baking or infusing at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container.
“Manufacturer” means a person or entity that conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container. “Marijuana cultivation facility” means a facility wherein marijuana is propagated, planted, grown, harvested, dried, cured, graded, labeled, tagged for tracking, or trimmed, or wherein all or any combination of those activities takes place. “Marijuana distribution facility” means any facility or location, the primary function of which is the procurement, sale, and/or transport of marijuana and/or marijuana products between entities operating in strict accordance with State law, as may be amended from time to time, and subject to the provisions of this chapter and the City’s Municipal Code. “Marijuana entertainment facility” means any facility or location, the primary function of which is an entertainment use, and which must contain an entertainment use (such as a movie, theater, bowling alley, concert venue) or as that use may be defined in DHMC Section

17.04.050, and at least one other of the following uses: (1) marijuana storefront retail facility, as defined; and/or (2) on-site marijuana consumption area. “Marijuana facility” means collectively any marijuana storefront retail facility, non-storefront retail facility, marijuana cultivation facility, marijuana distribution facility, marijuana testing facility, marijuana hotel facility, or marijuana manufacturing facility, as those terms are defined in this chapter.
“Marijuana hotel facility” means a hotel, motel, or other transient lodging facility as defined by Chapter 3.20 of this code that possesses a permit issued pursuant to this chapter. “Marijuana manufacturing facility” means a facility where the production of marijuana concentrate, and/or the preparation, propagation, or compounding of manufactured marijuana, either directly or indirectly or by extraction methods or independently by means of chemical synthesis, or the packaging or repackaging of marijuana or marijuana products, or the labeling or relabeling of its containers, occurs, provided the facility holds a valid marijuana manufacturing facility license, a marijuana Regulatory Permit, and a Conditional Use Permit all issued in accordance with this chapter and the City’s Municipal Code, and provided that the facility will qualify for a valid State when the State of California begins issuing State licenses to marijuana manufacturers.

“Marijuana testing facility” shall have the same definition as in the Business and Professions Code Section 26001, as may be amended, which currently means a laboratory, facility, or entity in the State that offers or performs tests of cannabis or cannabis products and that is both of the following: (1) accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the State; (2) licensed by the Bureau of Cannabis Control, and regulated by Section 5700 et seq., as may be amended of Title 16 of the California Code of Regulations. Notwithstanding, a “marijuana testing facility” shall also mean any of the following: (1) a testing facility that is contracted with the State of California or any lawful department thereof, to provide testing or research and development on behalf of or to benefit the State; (2) a testing facility that is contracted with the United States of America, or any lawful department thereof to provide testing or research and development on behalf of or to benefit the United States.
“Medicinal cannabis” or “medicinal cannabis product” means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician’s recommendation. “Non-storefront retail facility” shall have the same meaning as in Business and Professions Code Section 26070(a)(1), as may be amended, and further defined by Sections 5414 to 5427 et seq., in the California Code of Regulations, as may be amended. Currently, this a delivery only retail facility which sells marijuana to a customer solely and exclusively by delivery.
“Off-site sales” means the sale of marijuana for consumption off the premises. “On-site sales” means the sale of marijuana for consumption on the premises. “Patron” means a registered guest of a hotel or motel or other transient lodging facility as defined by Chapter 3.20 of this code. Patrons shall not include any visitors or customers who do not register as guests.
“Storefront retail facility” shall have the same meaning as in Business and Professions Code Section 26070(a)(1), as may be amended, and further defined by Sections 5400 to 5413 et seq., in the California Code of Regulations, as may be amended. Currently, this a retail facility which sells and/or delivers marijuana or marijuana products to customers. A storefront retail facility shall have a licensed premises which is a physical location from which commercial cannabis activities are conducted. (Ord. 728 1-19-21; Ord. 727 1-19-21; Ord. 725 10-6-20; Ord. 710 5-19-20; Ord. 683 3-19-19; Ord. 673 9-4-18; Ord. 671 7-3-18; Ord. 657 4-17-18; Ord. 635 11-7-17; Ord. 629 9-5-17; Ord. 597 2-7-17; Ord. 585 9-20-16)

17.180.040 Marijuana storefront retail facilities.

A. Permitted Locations. Marijuana storefront retail facilities shall only be located in any Commercial District (excluding Downtown Commercial Districts and Visitor-Serving Commercial Districts) in the City.

B. Number of Plants. Storefront retail facilities shall not cultivate more than 99 mature flowering marijuana plants on site at any one time.

C. Conditional Use Permit/Regulatory Permit Required. Storefront retail facilities shall obtain both a City-issued Conditional Use Permit and Regulatory Permit.

D. Approved storefront retail facilities operating with a City-approved Conditional Use Permit and in compliance with all local and State laws may, at their discretion, add a light manufacturing use and also become a light manufacturing facility to their current storefront retail facility.

E. Approved storefront retail facilities operating with a City-approved Conditional Use Permit and in compliance with all local and State laws may, at their discretion, add a light

distribution use to their current storefront retail facility. Any and all light distribution uses must comply with all of the following:

1. Facility must have separate employee only loading door towards the rear of the building. Loading door shall not be located on the same building frontage as the public access door.

2. A maximum number of 1 unmarked vehicle shall be used to distribute products.

3. The vehicle mentioned above must have a designated and marked parking space, which space must be in close proximity to the required loading door.

4. All State and local laws and regulations must be complied with at all times.

F. Notwithstanding subsection C above, any and all light manufacturing facilities must comply with applicable State law and regulations, including the California Environmental Quality Act (“CEQA”).

G. Storefront retail facilities must comply with all local and State laws as it pertains to such use at all times, which certain applicable laws are currently set forth in Title 16 Code of Regulations, Sections 5400 through 5413, as may be amended. (Ord. 725 10-6-20; Ord. 683 3-19-19; Ord. 673 9-4-18; Ord. 671 7-3-18; Ord. 657 4-17-18; Ord. 635 11-7-17; Ord. 629 9- 5-17; Ord. 597 2-7-17; Ord. 585 9-20-16)

17.180.045 Marijuana non-storefront retail facilities.

A. Permitted Locations. Marijuana non-storefront retail facilities shall only be located in Highway Commercial Districts (C-H), Business Park Commercial (C-BP) Districts, and Light Industrial Districts (I-L) in the Industrial Cannabis Overlay Zone in the City.

B. Number of Plants. Non-storefront retail facilities shall not cultivate more than 99 mature flowering marijuana plants on site at any one time.

C. Permits.

1. Non-storefront retail facilities located in C-H and C-BP districts shall obtain both a City-issued Conditional Use Permit and Regulatory Permit, except as otherwise herein allowed in subsection D.

2. Non-storefront retail facilities located in I-L districts shall obtain both a City-issued Administrative Use Permit and Regulatory Permit, except as otherwise herein allowed in subsection D.

D. Administrative Approval. A duly approved manufacturing facility and/or distribution facility, with a duly approved Conditional Use Permit or Administrative Use Permit, as applicable, and Regulatory Permit, and in good standing with the City, may request modification of the already approved Conditional Use Permit to operate a non-storefront retail facility provided the Director of Community Development, or designee, finds all of the following:

1. There is a 10% or less than deviation to each of the following:
a. On-site circulation and parking, loading and landscaping; b. Placement and/or height of walls and fences;
c. Exterior architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme; d. The density or intensity of a development project;
e. Paving; and
f. Hours of operation.

2. The marijuana manufacturing and/or distribution facility and its non-storefront retail facility use is consistent with the goals, objectives, policies and programs of the general plan.

3. The marijuana manufacturing and/or distribution facility and its non-storefront retail facility use complies with all applicable zoning and other regulations.

4. The marijuana manufacturing and/or distribution facility and its non-storefront retail facility use will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity.

5. The location, design and operation of the marijuana manufacturing and/or distribution facility and its non-storefront retail facility use will be compatible with existing and planned land uses in the vicinity.

6. Any project contemplating this Administrative Approval must comply with the California Environmental Quality Act (“CEQA”), and any and all applicable State and local laws and regulations. If CEQA is in fact implicated, as so determined by the Director of Community Development, CEQA must be adhered to, as so required by law.

Applications for a modification of a Conditional Use Permit under this section shall be on a form prescribed by the Director and shall be filed with the Department, pursuant to Chapter 17.68 (Applications and Fees) and must be approved by the Director, or his or her designee, who may establish additional conditions to further the intent of this section. Any modification request which exceeds the prescribed limitations outlined in this section shall comply with requirements set forth in Section 17.180.060(B)(2). Minor modifications shall not apply when a nonconforming use, structure or site is involved.

Marijuana manufacturing and/or distribution facility applications under this section may be referred to the planning commission at the discretion of the Director.

E. Non-storefront retail facilities shall not deliver to customers within the City limits.

F. Non-storefront retail facilities may also manufacture and/or distribute marijuana, as so allowed with a Conditional Use Permit.

G. Non-storefront retail facilities must comply with all local and State laws as it pertains to such use at all times, which certain applicable laws are currently set forth in Title 16 Code of Regulations, Sections 5414 through 5427, as may be amended. (Ord. 683 3-19-19)

17.180.048 Marijuana entertainment facilities.

A. Permitted Locations. Marijuana entertainment facilities shall be located in commercial districts (except the Commercial Downtown District), industrial district or the Mixed-Use Corridor District in the City.

B. Marijuana entertainment facilities’ primary function shall be an entertainment use and must include:

1. An entertainment use (such as a movie, theater, bowling alley, concert venue), and at least one other of the following uses:
a. Storefront retail facility, which facility complies with all terms and conditions in this chapter, including all State and local laws. The storefront retail facility shall enjoy all uses as provided in Section 17.180.040.
b. On-site marijuana consumption area, which shall comply with all of the following:
i. On-site marijuana consumption area within the confines of the entertainment facility shall only be attached to any storefront retail facility via non-public, secure passageways and must be located in a separate area, and otherwise comply with all State and local laws.
ii. In addition to off-site sale, the storefront retail facility attached to an entertainment facility may sell marijuana products for on-site consumption only to be consumed within the marijuana consumption area. Such on-site sales must be done and consummated by an employee of the entertainment facility via menu only.
iii. Any marijuana-containing product not fully consumed on site, shall be properly packaged for the patron to take it off site.

iv. The sale or consumption of alcohol or tobacco products is not allowed on the premises, and other consistent with State law.
v. The smoking, inhalation, consumption or ingestion of cannabis or cannabis products shall not be visible from any public place or any area where minors may be present.

C. The marijuana entertainment facility shall:

1. Create and maintain an active account within the State’s track and trace system required by Business and Professions Code Section 26067 prior to commencing any commercial marijuana activity.

2. Ensure that the consumption of marijuana or marijuana products is not visible from the outside of the business.

3. Comply with any other conditions specified in their marijuana entertainment facility Conditional Use Permit and Regulatory Permit.

4. Ensure that marijuana consumption areas shall have adequate security and lighting for the safety of patrons and to protect the premises from theft at all times.

5. Comply with all state law and local requirements, including alcohol requirements.

6. Notify patrons verbally and through posting of a sign in a conspicuous location that entry into the premises by persons under the age of 21 is prohibited.

7. Employ a person to be on the premises to supervise employees and patrons at all times during business hours.

8. Install an odor absorbing ventilation and exhaust system so that odor generated inside the premises is not detected outside the premises.

9. Properly designate any and all smoking areas, if applicable, and in compliance with all local and State laws.

10. All designated smoking areas shall be 50 feet from any residential property line.

11. Place and properly maintain solid waste receptacles and recycling bins, in sufficient numbers and locations to service the needs of the proposed use at peak business periods.

12. Properly re-package any and all cannabis or cannabis products that are partially consumed to be taken off site.

D. The marijuana entertainment facility shall not:

1. Allow any on-duty employee to consume any marijuana or marijuana products on the premises.

2. Distribute any free samples of marijuana or marijuana products on the premises.

3. Sell, serve, or permit the sale or serving of marijuana or marijuana products to patrons who are visibly intoxicated.

4. Permit any public nuisances, including any noise violations or other offenses to the public peace and safety.

5. Allow smoking or vaping of any product outside of designated and marked smoking areas, consistent with all local and State law.

E. Conditional Use Permit/Regulatory Permit Required. Entertainment facilities shall obtain both a City-issued Conditional Use Permit and Regulatory Permit. The number of Conditional Use Permits issued for entertainment facilities shall be above and beyond the limited number of conditional use permits allowed for storefront retail facilities.

F. Marijuana entertainment facilities must comply with all provisions of this code and State law at all times.

G. If or when State laws and/or regulations allow for more uses for on-site marijuana consumption venues (such as allowance of infused products, or alcohol sales on the same premises as marijuana sales), such allowed uses may be allowed as follows:

1. Administrative Approval. A duly approved Marijuana Entertainment Facility, with a duly approved Conditional Use Permit and Regulatory Permit, and in good standing

with the City, may request modification of the already approved Conditional Use Permit to operate their marijuana entertainment facility pursuant to the new State law or regulations provided the Director of Community Development, or designee, finds all of the following:
a. There is a 10% or less than deviation to each of the following:
i. On-site circulation and parking, loading and landscaping; ii. Placement and/or height of walls and fences;
iii. Exterior architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme;
iv. The density or intensity of a development project;
v. Paving; and
vi. Hours of operation.
b. Under no circumstances shall any additional square footage be added to the entertainment facility

2. The marijuana entertainment facility use is consistent with the goals, objectives, policies and programs of the General Plan.

3. The marijuana entertainment facility use complies with all applicable zoning and other regulations.

4. The marijuana entertainment facility use will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity.

5. The location, design and operation of the marijuana entertainment facility use will be compatible with existing and planned land uses in the vicinity.

6. Any project contemplating this Administrative Approval must comply with the California Environmental Quality Act (“CEQA”), and any and all applicable State and local laws and regulations. If CEQA is in fact implicated, as so determined by the Director of Community Development, CEQA must be adhered to, as so required by law.

H. The storefront retail facility and/or the on-site marijuana consumption area, or any other marijuana component of the entertainment permit shall be subject to all applicable local taxes, including, but not limited to, those in Chapter 3.34. (Ord. 728 1-19-21)

17.180.050 Marijuana cultivation facilities.

A. Permitted Locations. Marijuana cultivation facilities involving the cultivation of more than 99 mature flowering marijuana plants shall only be located in Highway Commercial Districts (C-H), Business Park Districts (C-BP), and Light Industrial Districts (I-L) in the Industrial Cannabis Overlay Zone in the City.

B. Interior Only. Marijuana cultivation shall be conducted only in the interior of fully enclosed structures, facilities, buildings, or other fully enclosed spaces consistent with the purpose and intent of this chapter. No marijuana cultivation operations, including harvesting and growing plants at any stage, shall be visible from any public right-of-way.

C. Permits.

1. Marijuana cultivation facilities located in C-H and C-BP districts shall obtain a City-issued Conditional Use Permit and Regulatory Permit. (Ord. 712.)

2. Marijuana cultivation facilities located in an I-L districts shall obtain a Cityissued Administrative Use Permit and Regulatory Permit. (Ord. 683 3-19-19; Ord. 673 9- 4-18; Ord. 671 7-3-18; Ord. 657 4-17-18; Ord. 635 11-7-17; Ord. 629 9-5-17; Ord. 597 2- 7-17; Ord. 585 9-20-16)

17.180.060 Marijuana manufacturing facilities.

A. Permitted Locations. Marijuana manufacturing facilities shall only be located in Highway Commercial Districts (C-H), Business Park Districts (C-BP), and Light

Industrial Districts (I-L) in the Industrial Cannabis Overlay Zone in the City, subject to the regulations set forth in this chapter and any additional regulations as may be promulgated hereunder by an ordinance or resolution of the City Council or otherwise pursuant to this chapter.

B. Permits.

1. Marijuana Manufacturing—Administrative Approval. A duly approved marijuana cultivation facility, with a duly approved Conditional Use Permit or Administrative Use Permit, as applicable, and Regulatory Permit, may request modification of the already approved Conditional Use Permit or Administrative Use Permit, as applicable, to operate a marijuana manufacturing facility provided the Director of Community Development, or designee, finds all of the following:
a. There is a 10% or less than deviation to each of the following:
i. On-site circulation and parking, loading and landscaping, ii. Placement and/or height of walls and fences,
iii. Exterior architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme,
iv. The density or intensity of a development project,
v. Paving, and
vi. Hours of operation;
b. The marijuana cultivation facility and its manufacturing use is consistent with the goals, objectives, policies and programs of the General Plan; c. The marijuana cultivation facility and its manufacturing use complies with all applicable zoning and other regulations;
d. The marijuana cultivation facility and its manufacturing use will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity;
e. The location, design and operation of the marijuana cultivation facility and its manufacturing use will be compatible with existing and planned land uses in the vicinity;
f. Any project contemplating this Administrative Approval must comply with the California Environmental Quality Act (“CEQA”), and any and all applicable State and local laws and regulations. If CEQA is in fact implicated, as so determined by the Director of Community Development, CEQA must be adhered to, as so required by law.

Applications for a modification of a Conditional Use Permit under this section shall be on a form prescribed by the Director and shall be filed with the Department, pursuant to Chapter 17.68 (Applications and Fees) and must be approved by the Director, or designee, who may establish additional conditions to further the intent of this section. Any modification request which exceeds the prescribed limitations outlined in this section shall comply with requirements set forth in subsection (B)(2). Minor modifications shall not apply when a nonconforming use, structure or site is involved. Marijuana manufacturing facility applications under this section may be referred to the planning commission at the discretion of the Director.

2. Marijuana Manufacturing Facilities Not Operating Within a Duly Existing Marijuana Cultivation Facility. Marijuana manufacturing facilities which are not operated within an existing and duly approved marijuana cultivation facility or which results in any additional impact or expansion of use or structure(s) shall obtain a City-issued Conditional Use Permit and Regulatory Permit if the marijuana manufacturing facilities are located in C-H or C-BP districts; or a City-issued

Administrative Use Permit and Regulatory Permit if the marijuana manufacturing facilities are located in I-L districts.

C. Interior Only. Marijuana manufacturing shall be conducted only in the interior of fully enclosed structures, facilities, buildings, or other fully enclosed spaces consistent with the purpose and intent of this chapter. No marijuana manufacturing shall be visible from any public right-of-way.

D. Operational Requirements.

1. Manufacturers are limited to certain equipment, methods, solvents, gases and mediums when creating marijuana extracts.

2. Manufacturing facilities with a State license of a Type-6 (non-volatile) or a Type 7 (volatile) classification may be allowed to operate under this chapter.

3. All other methods of extraction shall be conducted in an environment appropriate to the solvent being used, with consideration to proper ventilation and ignition source controls.

4. All equipment, systems and manufacturing processes must meet or exceed all applicable State and Federal requirements and regulations regarding air, water, health and safety, and handling, processing and storage of hazardous materials, solvents, gases and waste. No manufacturing facility shall commence operations or be issued any form of certificate of occupancy without first obtaining all required fire, environmental, health and safety, planning, and building certificates, permits and approvals required under City’s Municipal Code and all other applicable County, State and Federal regulations.

E. Chemical Engineer. As a condition of obtaining a City-issued marijuana Regulatory Permit and Conditional Use Permit, a licensee of a manufacturing facility desiring to operate under this chapter shall first verify that the licensee employs or contracts with a person who has a B.S. in chemical engineering from an accredited school who shall supervise the design, installation and operation of the facility’s systems and manufacturing processes. Such person shall inspect the premises on a quarterly basis and provide such inspection report to the City. The licensee shall submit to the City a written statement that he or she certifies under penalty of perjury that the name of the employee/contractor is true and correct. The employee/contractor shall also submit a written statement that he or she certifies under penalty of perjury his or her educational qualifications and verifying that he or she is employed or contracted to supervise the design, installation and operation of the facility’s systems and manufacturing processes.

F. State Regulations. In the event the State of California implements health and safety regulations applicable to marijuana manufacturing facilities, upon implementation of such State regulations, all marijuana manufacturing facilities operators shall immediately implement the State regulations. Should the City’s regulations be stricter than the State regulations, the marijuana manufacturing facility shall use the City’s regulation. The City reserves all rights it has with implanting its own local regulations. (Ord. 683 3-19-19; Ord. 673 9-4-18; Ord. 671 7-3-18; Ord. 657 4-17-18; Ord. 635 11-7-17; Ord. 629 9-5-17; Ord. 597 2-7-17; Ord. 585 9-20-16)

17.180.070 Marijuana testing facilities.

A. Permitted Locations. Marijuana testing facilities shall only be located in Light Industrial Districts (I-L) or any Commercial District (excluding Downtown Commercial Districts and Visitor-Servicing Commercial Districts) in the City.

B. Interior Only. Marijuana testing shall be conducted only in the interior of fully enclosed structures, facilities, buildings, or other fully enclosed spaces consistent with the purpose and intent of this chapter. No marijuana testing operations shall be visible from any public right-of-way.

C. Permits.

1. Marijuana testing facilities located in I-L or C-H districts shall obtain a Cityissued Administrative Use Permit and Regulatory Permit.

2. Marijuana testing facilities located in C-N. C-G, or C-BP districts shall obtain a City-issued Regulatory Permit. A Conditional Use Permit is not required.

D. Administrative Approval. A duly approved marijuana facility, with duly approved entitlements, such as a Conditional Use Permit or Administrative Use Permit, as applicable, and Regulatory Permit which is in good standing with the City, may request a Minor Modification to the already approved Conditional Use Permit to operate a marijuana testing facility provided the Director of Community Development, or his or her designee, finds all of the following:

1. There is a 10% or less than deviation to each of the following:
a. On-site circulation and parking, loading and landscaping, b. Placement and/or height of walls and fences,
c. Exterior architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme; d. The density or intensity of a development project,
e. Paving, and
f. Hours of operation;

2. The marijuana testing facility and its use is consistent with the goals, objectives, policies and programs of the general plan;

3. The marijuana testing facility and its use complies with all applicable zoning and other regulations;

4. The marijuana testing facility and its use will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity;

5. The location, design and operation of the marijuana testing facility and its use will be compatible with existing and planned land uses in the vicinity;

6. Any project contemplating this Administrative Approval must comply with the California Environmental Quality Act (“CEQA”), and any and all applicable State and local laws and regulations. If CEQA is in fact implicated, as so determined by the Director of Community Development, CEQA must be adhered to, as so required by law;

7. Applications for a modification of a Conditional Use Permit under this Administrative Approval section shall be on a form prescribed by the Director and shall be filed with the Department, pursuant to Chapter 17.68 (Applications and Fees) and must be approved by the Director, or designee, who may establish additional conditions to further the intent of this section. Any modification request which exceeds the prescribed limitations outlined in this section shall comply with requirements set forth in Section 17.180.060(B)(2). Minor modifications shall not apply when a nonconforming use, structure or site is involved. Marijuana testing facility applications under this section may be referred to the Planning Commission at the discretion of the Director. (Ord. 683 3-19-19; Ord. 673 9-4-18; Ord. 671 7-3-18; Ord. 657 4-17-18; Ord. 635 11-7-17; Ord. 629 9-5-17; Ord. 597 2-7-17; Ord. 585 9-20-16)

17.180.080 Marijuana distribution facilities.

A. Permitted Locations. Marijuana distribution facilities shall only be located in Highway Commercial Districts (C-H), a Business Park Districts (C-BP), and Light Industrial Districts (I-L) in the Industrial Cannabis Overlay Zone in the City.

B. Permits.

1. Marijuana distribution facilities located in C-H or C-BP districts shall obtain a Cityissued Conditional Use Permit and Regulatory Permit.

2. Marijuana distribution facilities located in I-L districts shall obtain a Cityissued Administrative Use Permit and Regulatory Permit.

C. Administrative Approval. A duly approved marijuana facility, with duly approved entitlements, such as a Conditional Use Permit or Administrative Use Permit, as applicable, and Regulatory Permit in good standing with the City, may request modification of the already approved Conditional Use Permit to operate a marijuana distribution facility provided the Director of Community Development, or his or her designee, finds all of the following:

1. There is a 10% or less than deviation to each of the following:
a. On-site circulation and parking, loading and landscaping, b. Placement and/or height of walls and fences,
c. Exterior architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme, d. The density or intensity of a development project,
e. Paving, and
f. Hours of operation;

2. The marijuana distribution facility and its use is consistent with the goals, objectives, policies and programs of the General Plan;

3. The marijuana distribution facility and its use complies with all applicable zoning and other regulations;

4. The marijuana distribution facility and its use will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity;

5. The location, design and operation of the marijuana distribution facility and its use will be compatible with existing and planned land uses in the vicinity;

6. Any project contemplating this Administrative Approval must comply with the California Environmental Quality Act (“CEQA”), and any and all applicable State and local laws and regulations. If CEQA is in fact implicated, as so determined by the Director of Community Development, CEQA must be adhered to, as so required by law;

7. Applications for a modification of a Conditional Use Permit under this Administrative Approval section shall be on a form prescribed by the Director and shall be filed with the Department, pursuant to Chapter 17.68 (Applications and Fees) and must be approved by the Director, or designee, who may establish additional conditions to further the intent of this section. Any modification request which exceeds the prescribed limitations outlined in this section shall comply with requirements set forth in Section 17.180.060(B)(2). Minor modifications shall not apply when a nonconforming use, structure or site is involved. Marijuana distribution facility applications under this section may be referred to the Planning Commission at the discretion of the Director.

D. Interior Only. Other than loading, unloading and transportation, all distribution of marijuana and marijuana products shall be conducted only in the interior of enclosed structures, facilities, or buildings.

E. Labor Peace Agreements. All applicants for a Conditional Use Permit pursuant to this chapter shall demonstrate that it has already entered into, and will abide by the terms of a labor peace agreement, as defined in California Business and Professions Code Section 26000 prior to issuance of Certificate of Occupancy.

F. Public Safety. All applicants for Conditional Use Permit to operate a marijuana distribution facility under this chapter shall: (1) demonstrate that such facility will be equipped with adequate security installations and systems to prevent trespassing, theft and diversion of marijuana for unlawful purposes, including exterior lighting, an alarm system, and 24-hour, on-site security personnel, tag and trace protocols and video surveillance; and (2) shall maintain such security installations and systems while in operation. (Ord. 683 3-19-19; Ord.

673 9-4-18; Ord. 671 7-3-18; Ord. 657 4-17-18; Ord. 635 11-7-17; Ord. 629 9-5-17; Ord. 597 2-7-17; Ord. 585 9-20-16)

17.180.085 Marijuana hotel facilities.

A. Permitted Locations. Marijuana hotel facilities shall be located in commercial districts (excluding the Downtown Commercial District), Mixed-Use Corridor District, or VisitorServing Mixed-Use District in the City.

B. Marijuana hotel facilities shall not:

1. Allow any on-duty employee to consume any marijuana or marijuana products on the premises.

2. Admit entry into the premises, including both indoors and outdoors, any person who is under 21 years of age.

3. Sell, serve, or permit the sale or serving of marijuana or marijuana products to persons other than patrons.

4. Distribute any free samples of marijuana or marijuana products on the premises.

5. Sell, serve, or permit the sale or serving of marijuana or marijuana products to patrons who are visibly intoxicated.

6. Permit any public nuisances, including any noise violations or other offenses to the public peace and safety.

7. Allow smoking or vaping of any product outside of designated and marked smoking areas, consistent with all local and State law.

C. Marijuana hotel facilities shall:

1. Store marijuana-containing products out of sight and in accordance with State law.

2. Be allowed to display empty packages of marijuana containing products and/or provide a menu of marijuana-containing products to patrons.

3. Create and maintain an active account within the State's track and trace system required by Business and Professions Code Section 26067 prior to commencing any commercial marijuana activity.

4. Ensure that the consumption of marijuana or marijuana products is not visible from the outside of the business.

5. Comply with any other conditions specified in their marijuana hotel facilities Conditional Use Permit and Regulatory Permit.

6. Ensure that marijuana consumption areas shall have adequate security and lighting for the safety of patrons and to protect the premises from theft at all times.

7. Comply with all State alcohol requirements.

8. Notify patrons verbally and through posting of a sign in a conspicuous location that entry into the premises by persons under the age of 21 is prohibited.

9. Provide marijuana or marijuana products to a patron in an amount reasonable for on-site consumption and consistent with personal possession and use limits allowed by State law.

10. For marijuana hotel facilities with more than 10 rooms, employ a person to be on the premises to supervise employees and patrons at all times during business hours.

11. Install an odor absorbing ventilation and exhaust system so that odor generated inside the premises is not detected outside the premises.

12. Properly designate any and all smoking areas, if applicable, and in compliance with all local and State laws.

13. All designated smoking areas shall be 50 feet from any property line(or residential use).

14. Train its employees about the various marijuana or marijuana products it sells, including potency of the products, absorption time, and effects of the products.

15. Place and properly maintain solid waste receptacles and recycling bins, in sufficient numbers and locations to service the needs of the proposed use at peak business periods.

16. Properly re-package any and all cannabis or cannabis products that are partially consumed to be taken off site.

D. Conditional Use Permit/Regulatory Permit Required. No hotel/motel or other transient lodging facility as defined in Chapter 3.20 may sell, offer to sell, prepare for sale, or otherwise provide marijuana or marijuana products to patrons, nor allow the on-site consumption of marijuana or marijuana products by patrons, without first obtaining both a City-issued Conditional Use Permit and Regulatory Permit. The number of Conditional Use Permits issued for marijuana hotel facilities shall be above and beyond the limited number of conditional use permits allowed for storefront retail facilities.

E. Marijuana hotel facilities must comply with all provisions of this code and State law as it pertains to any and all uses at all times.

F. Marijuana hotel facilities shall be subject to all applicable local taxes, including, but not limited to, those in Chapter 3.34, which shall be in addition to any transient occupancy taxes. (Ord. 727 1-19-21)

17.180.090 Marijuana facilities—Required license and permits.

In addition to those other requirements which may be imposed pursuant to this chapter, no person or entity shall engage in marijuana activity or open or operate a marijuana facility without possessing and obtaining the following:

A. A marijuana Regulatory Permit issued by the City pursuant to Chapter 5.50 of the City’s Municipal Code; and
B. A Conditional Use Permit, pursuant to the conditions set forth in this chapter and the City’s Municipal Code;
C. An Administrative Use Permit, pursuant to the conditions set forth in this chapter and the City’s Municipal Code; and
C. Compliance with all applicable codes, including the Building Code; and D. Any applicable State-required permit.

The fact that a person or entity possesses other types of State or municipal permits or licenses does not exempt the person or entity from the requirement of obtaining a City-issued Conditional Use Permit to operate a marijuana facility. Notwithstanding any provision of this chapter to the contrary, marijuana facilities that do not qualify as one of the marijuana facility types expressly regulated by the provisions of this chapter are prohibited from operating anywhere within the City. (Ord. 683 3-19-19; Ord. 673 9-4-18; Ord. 671 7-3-18; Ord. 657 4-17-18; Ord. 635 11-7-17; Ord. 629 9-5-17; Ord. 597 2-7-17; Ord. 585 9-20-16)

17.180.100 Licenses and permits applicable to location.

No person or entity shall locate or operate a marijuana facility under the authority of a license or permit at any place other than the address of the marijuana facility as stated in the marijuana Regulatory Permit issued by the City and the Conditional Use Permit issued pursuant to this chapter. (Ord. 683 3-19-19; Ord. 673 9-4-18; Ord. 671 7-3-18; Ord. 657 4-17-18; Ord. 635 11-7- 17; Ord. 629 9-5-17; Ord. 597 2-7-17; Ord. 585 9-20-16)

17.180.110 Signage and notices.

In addition to the requirements otherwise set forth in this chapter, business identification signage for all marijuana facilities shall conform to the requirements of the City’s Municipal Code, including, but not limited to, issuance of a City Sign Permit. (Ord. 683 3-19-19; Ord. 673 9-4-18; Ord. 671 7-3-18; Ord. 657 4-17-18; Ord. 635 11-7-17; Ord. 629 9-5-17; Ord. 597 2-7-17; Ord. 585 9-20-16)

17.180.120 Compliance with laws.

A. It is the responsibility of the owners and operators of all marijuana facilities to ensure that such facilities are, at all times, operating in compliance with all applicable Federal (not dealing with marijuana), State and local laws and regulations and any additional operating procedures or requirements which may be imposed as conditions of approval of a given marijuana facility. Nothing in this chapter shall be construed to authorize any action which violates Federal (not dealing with marijuana), State law or local law with respect to the operation of a commercial marijuana business.

B. Marijuana facilities shall be permitted only as provided in this chapter and if not expressly permitted by this chapter, shall be prohibited.

C. Any person or entity operating a marijuana facility shall at all times remain in compliance and operate in accordance with the applicable provisions of this chapter, the City’s Municipal Code, and all applicable State laws and regulations, as may be amended pertaining to marijuana facilities.

D. Failure to abide by any laws mentioned in this section shall constitute a public nuisance and shall subject the marijuana facility to revocation of any and all entitlements, licenses and permits. (Ord. 683 3-19-19; Ord. 673 9-4-18; Ord. 671 7-3-18; Ord. 657 4-17-18; Ord. 635 11-7-17; Ord. 629 9-5-17; Ord. 597 2-7-17; Ord. 585 9-20-16)

17.180.130 Administration and enforcement.

A. In addition to the administration of the permitting requirements under this chapter and the City’s Municipal Code, the City Council or its designee may require, as a condition to granting or renewing permits, any information reasonably necessary to implement the intent of this chapter to ensure that all marijuana is grown, processed, manufactured and distributed in a manner not in conflict with this chapter, and to ensure that any and all related city taxes are being properly reported and paid.

B. A Conditional Use Permit or Administrative Use Permit, and any modifications thereto approved for a marijuana facility may be suspended or revoked for any violation of this chapter and pursuant to the procedures generally applicable to Conditional Use Permits as set forth in the City’s Municipal Code. Violations of this chapter are subject to administrative, civil, and/or criminal penalties, as set forth in the City’s Municipal Code, and remedies for such violations include, but are not limited to, civil injunctive relief, civil or administrative nuisance abatement actions or proceedings, summary abatement of immediately hazardous conditions, and all other applicable fines, penalties and remedies.

The ordinance codified in this chapter is adopted to address public health and safety issues, and as such, is expressly intended to be interpreted strictly and enforced rigorously in a manner such as to deter further violations. (Ord. 683 3-19-19; Ord. 673 9-4-18; Ord. 671 7- 3-18; Ord. 657 4-17-18; Ord. 635 11-7-17; Ord. 629 9-5-17; Ord. 597 2-7-17; Ord. 585 9-20- 16)
Section 3. 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 4. 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 5. 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 6. EFFECTIVE DATE
That this ordinance shall be effective thirty days after the second reading of the ordinance.

Section 7. CERTIFICATION
That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.

That the foregoing Ordinance was approved and adopted at a meeting of the City Council held on ________________, 2022, by the following vote:

That the foregoing Ordinance was approved and adopted at a meeting of the City Council held on ________________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:
_______________________________
Scott Matas, Mayor
ATTEST:
____________________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:

Jennifer A. Mizrahi, City Attorney
____________________________________
By:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS AMENDING CHAPTER 17.180 “MARIJUANA FACILITIES OPERATION AND LOCATION”

TEXT IN ORDER TO HARMONIZE THE TEXT WITH THE APPROVED LAND USE TABLES ADOPTED BY ORDINANCE 712 IN MAY 2020 WHILE UPDATING THE ZONING FOR THE 2020 GENERAL PLAN AMENDMENT
WHEREAS, the City of Desert Hot Springs (“City”) is a charter city organized pursuant to Article XI of the California Constitution; and
WHEREAS, after a duly noticed public hearing, on May 26, 2020, the City Council adopted and approved a General Plan Update and an amendment to the General Plan Land Use Map to update the General Plan and re-designate several properties in the City, GPA 20-1 (the “General Plan Amendment”); and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”), Public Resources Code Sections 21000, et seq., and its implementing regulations, California Code of Regulations Section 15000, et seq., (“CEQA Guidelines”), the City, acting as Lead Agency, reviewed and certified a draft Environmental Impact Report (State Clearinghouse number 2019080101) prepared for the proposed General Plan Amendment and determined that, following the implementation of certain mitigated measures; and WHEREAS, the City adopted and approved, pursuant to the CEQA Guidelines Section 15093, the Statement of Overriding Considerations; and
WHEREAS, therefore, CEQA analysis has already been performed for this Ordinance, because this Ordinance merely updates the text of Chapter 17.180 to comply with the alreadyadopted land use tables; and WHEREAS, pursuant to Section 15162(a) of the CEQA Guidelines, once an EIR has been certified, no subsequent environmental review needs to be completed unless there are substantial changes in the project that warrant additional review; and WHEREAS, the City Council further finds that the adoption of this ordinance is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of this Ordinance in question may have a significant effect on the environment; and
WHEREAS, the Planning Commission held a duly noticed hearing on this Ordinance and recommended that the City Council adopt same; and
WHEREAS, this Ordinance is compatible with the general objectives of the General Plan and any applicable specific plan; and
WHEREAS, this Ordinance protects the public health, safety and welfare.

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

SECTION 1. RECITALS
The recitals and true and correct and are hereby incorporated.

SECTION 2. AMENDMENT OF CHAPTER 17.180 “MARIJUANA FACILITIES OPERATION AND LOCATION”
The City Council hereby amends Chapter 17.180 “Marijuana Facilities Operation and Location” which shall read as follows:

Chapter 17.180 MARIJUANA FACILITIES OPERATION AND LOCATION

17.180.010 Purpose and intent.

The intent of this chapter is to regulate all marijuana facilities within the City for the purpose of protecting the public health, safety, and welfare, and additionally, to mitigate the cost and burden on the City stemming from local control, oversight, and regulation of marijuana facilities.

Nothing in this chapter shall be construed to: (1) allow persons to engage in conduct that endangers others or causes a public nuisance; or (2) allow any activity relating to the cultivation, manufacturing, testing, distribution or consumption of marijuana that is otherwise illegal under California State law. (Ord. 683 3-19-19; Ord. 673 9-4-18; Ord. 671 7-3-18; Ord. 657 4-17-18; Ord. 635 11-7-17; Ord. 629 9-5-17; Ord. 597 2-7-17; Ord. 585 9-20-16)

17.180.020 Interpretation and applicability.

Operation of marijuana facilities within the City shall be permitted upon the application and approval of both a City-issued Conditional Use Permit, or Administrative Use Permit, as applicable, pertaining to the location of the facility and a City-issued Regulatory Permit pertaining to the operation of the facility in accordance with the criteria and procedures set forth in this chapter and the City’s Municipal Code, upon application and subject to such additional regulations as may be promulgated pursuant to this chapter.

A. The cultivation, manufacturing, testing, and distribution of marijuana in the City is controlled by the provisions of this chapter.

B. Nothing in this chapter is intended, nor shall it be construed, to burden any defense to criminal prosecution otherwise afforded by California law.

C. Nothing in this chapter is intended to preclude or otherwise affect the rights of a lessor of real property or any interest therein to restrict, limit, or prohibit any or all marijuana activity by a lessee.

D. Any marijuana facility that has: (1) submitted an application to the State licensing authority for a State license, once applications become available; or (2) is in good standing and compliance and/or has been in operation and good standing on or before January 1, 2018, may continue operations until its State license has been approved or denied by the State licensed agency.

E. Nothing in this chapter is intended to authorize, legalize, or exempt any activity arising out of or conducted in furtherance of the operation of a marijuana facility from any law, rule, or regulation that may be applicable to such activity including but not limited to rules and regulations pertaining to environmental, electrical, plumbing, building, construction, land use, labor or employment.

F. Marijuana facility business entity organizational status, such as it being a corporation or limited liability company or otherwise, must be compliant with applicable State law.

G. Nothing in this chapter is intended to authorize, legalize, or exempt any activity arising out of or conducted in furtherance of the operation of a marijuana facility from compliance with California law applicable to such activity.

H. All marijuana facilities and any activity arising out of or conducted in furtherance of the operation of a marijuana facility shall be subject to the provisions of this chapter regardless of whether the marijuana facility or activity existed or occurred prior to adoption of this chapter or any subsequent amendments hereto. The City hereby expressly reserves the right to supplement, modify, amend, repeal, or otherwise alter this chapter, and such changes shall be immediately binding on all marijuana facilities operating within the City regardless of when such facility began to operate or when such changes were adopted. Any reference in this chapter to California statutes shall include any regulations promulgated thereunder, and is hereby deemed to include any successor or amended version of the referenced statute or regulation promulgated thereunder. (Ord. 683 3-19-19; Ord. 673 9-4-18; Ord. 671 7-3-18; Ord. 657 4-17-18; Ord. 635 11-7-17; Ord. 629 9-5-17; Ord. 597 2-7-17; Ord. 585 9-20-16)

17.180.030 Definitions.

Words and phrases not specifically defined in this chapter shall have the meanings ascribed to them as follows.

When used in this chapter, the following words shall have the meanings ascribed to them in this section. Any reference to California statutes includes any regulations promulgated thereunder and is deemed to include any successor or amended version of the referenced statute or regulatory provision. Words and phrases not specifically defined in this Chapter shall have the meanings ascribed to them by the following sources:

A. The CUA of 1996 (California Health and Safety Code Section 11362.5), and as may be amended from time to time;
B. The MMPA (California Health and Safety Code Sections 11362.7 through 11362.83); C. The MAUCRSA (Medicinal and Adult Use Cannabis Regulation and Safety Act), enacted on June 27, 2017, as may be amended from time to time. “Cannabis” or “marijuana” shall have the same meaning as provide in Health and Safety Code Section 11018, as amended (which code section used to define “marijuana”). The terms “cannabis” and “marijuana” shall be used interchangeably in this chapter. “Cannabis concentrate” means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product’s potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this chapter. A cannabis concentrate is not considered food, as defined by Section 109935 of the Health and Safety Code, or a drug, as defined by Section 109925 of the Health and Safety Code. “Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
“Cultivator” means marijuana facilities licensed as a cultivation site or as a cultivator pursuant to California Business and Professions Code Section 19300 et seq., or pursuant to California Business and Professions Code Section 26000 et seq.
“Delivery” means the commercial transfer of cannabis or cannabis products from a State licensed distributor or retailer wherever located, to an adult 21 years of age or older, qualified patient, or primary caregiver located in the City of Desert Hot Springs, and shall include the use of any technology platform that enables adults 21 years of age or older, qualified patients, or primary caregivers located in Desert Hot Springs to arrange for or facilitate the commercial transfer of marijuana or marijuana products.

“Distribution” means the procurement, sale, or transport of cannabis or cannabis products either within the City limits, or to and from the City from a place outside the City limits, from a permitted business location of a licensed entity to a permitted business location of another licensed entity subject to State laws and regulations and subject to the provisions of this chapter and the City’s Municipal Code.
“Legal parcel” means a parcel of land for which 1 legal title exists. Where contiguous legal parcels are under common ownership or control, such legal parcels may at the option of the property owner be counted as a single parcel for purposes of this chapter. “Light manufacturer” means a person or entity that conducts the production, preparation, or compounding of cannabis or cannabis products either directly or indirectly not using any kind of extraction method whatsoever, but merely using chemical synthesis, such as baking or infusing at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container.
“Light manufacturing facility” means a facility that conducts the production, preparation, or compounding of cannabis or cannabis products either directly or indirectly not using any kind of extraction method whatsoever, but merely using chemical synthesis, such as baking or infusing at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container.
“Manufacturer” means a person or entity that conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container. “Marijuana cultivation facility” means a facility wherein marijuana is propagated, planted, grown, harvested, dried, cured, graded, labeled, tagged for tracking, or trimmed, or wherein all or any combination of those activities takes place. “Marijuana distribution facility” means any facility or location, the primary function of which is the procurement, sale, and/or transport of marijuana and/or marijuana products between entities operating in strict accordance with State law, as may be amended from time to time, and subject to the provisions of this chapter and the City’s Municipal Code. “Marijuana entertainment facility” means any facility or location, the primary function of which is an entertainment use, and which must contain an entertainment use (such as a movie, theater, bowling alley, concert venue) or as that use may be defined in DHMC Section

17.04.050, and at least one other of the following uses: (1) marijuana storefront retail facility, as defined; and/or (2) on-site marijuana consumption area. “Marijuana facility” means collectively any marijuana storefront retail facility, non-storefront retail facility, marijuana cultivation facility, marijuana distribution facility, marijuana testing facility, marijuana hotel facility, or marijuana manufacturing facility, as those terms are defined in this chapter.
“Marijuana hotel facility” means a hotel, motel, or other transient lodging facility as defined by Chapter 3.20 of this code that possesses a permit issued pursuant to this chapter. “Marijuana manufacturing facility” means a facility where the production of marijuana concentrate, and/or the preparation, propagation, or compounding of manufactured marijuana, either directly or indirectly or by extraction methods or independently by means of chemical synthesis, or the packaging or repackaging of marijuana or marijuana products, or the labeling or relabeling of its containers, occurs, provided the facility holds a valid marijuana manufacturing facility license, a marijuana Regulatory Permit, and a Conditional Use Permit all issued in accordance with this chapter and the City’s Municipal Code, and provided that the facility will qualify for a valid State when the State of California begins issuing State licenses to marijuana manufacturers.

“Marijuana testing facility” shall have the same definition as in the Business and Professions Code Section 26001, as may be amended, which currently means a laboratory, facility, or entity in the State that offers or performs tests of cannabis or cannabis products and that is both of the following: (1) accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the State; (2) licensed by the Bureau of Cannabis Control, and regulated by Section 5700 et seq., as may be amended of Title 16 of the California Code of Regulations. Notwithstanding, a “marijuana testing facility” shall also mean any of the following: (1) a testing facility that is contracted with the State of California or any lawful department thereof, to provide testing or research and development on behalf of or to benefit the State; (2) a testing facility that is contracted with the United States of America, or any lawful department thereof to provide testing or research and development on behalf of or to benefit the United States.
“Medicinal cannabis” or “medicinal cannabis product” means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician’s recommendation. “Non-storefront retail facility” shall have the same meaning as in Business and Professions Code Section 26070(a)(1), as may be amended, and further defined by Sections 5414 to 5427 et seq., in the California Code of Regulations, as may be amended. Currently, this a delivery only retail facility which sells marijuana to a customer solely and exclusively by delivery.
“Off-site sales” means the sale of marijuana for consumption off the premises. “On-site sales” means the sale of marijuana for consumption on the premises. “Patron” means a registered guest of a hotel or motel or other transient lodging facility as defined by Chapter 3.20 of this code. Patrons shall not include any visitors or customers who do not register as guests.
“Storefront retail facility” shall have the same meaning as in Business and Professions Code Section 26070(a)(1), as may be amended, and further defined by Sections 5400 to 5413 et seq., in the California Code of Regulations, as may be amended. Currently, this a retail facility which sells and/or delivers marijuana or marijuana products to customers. A storefront retail facility shall have a licensed premises which is a physical location from which commercial cannabis activities are conducted. (Ord. 728 1-19-21; Ord. 727 1-19-21; Ord. 725 10-6-20; Ord. 710 5-19-20; Ord. 683 3-19-19; Ord. 673 9-4-18; Ord. 671 7-3-18; Ord. 657 4-17-18; Ord. 635 11-7-17; Ord. 629 9-5-17; Ord. 597 2-7-17; Ord. 585 9-20-16)

17.180.040 Marijuana storefront retail facilities.

A. Permitted Locations. Marijuana storefront retail facilities shall only be located in any Commercial District (excluding Downtown Commercial Districts and Visitor-Serving Commercial Districts) in the City.

B. Number of Plants. Storefront retail facilities shall not cultivate more than 99 mature flowering marijuana plants on site at any one time.

C. Conditional Use Permit/Regulatory Permit Required. Storefront retail facilities shall obtain both a City-issued Conditional Use Permit and Regulatory Permit.

D. Approved storefront retail facilities operating with a City-approved Conditional Use Permit and in compliance with all local and State laws may, at their discretion, add a light manufacturing use and also become a light manufacturing facility to their current storefront retail facility.

E. Approved storefront retail facilities operating with a City-approved Conditional Use Permit and in compliance with all local and State laws may, at their discretion, add a light

distribution use to their current storefront retail facility. Any and all light distribution uses must comply with all of the following:

1. Facility must have separate employee only loading door towards the rear of the building. Loading door shall not be located on the same building frontage as the public access door.

2. A maximum number of 1 unmarked vehicle shall be used to distribute products.

3. The vehicle mentioned above must have a designated and marked parking space, which space must be in close proximity to the required loading door.

4. All State and local laws and regulations must be complied with at all times.

F. Notwithstanding subsection C above, any and all light manufacturing facilities must comply with applicable State law and regulations, including the California Environmental Quality Act (“CEQA”).

G. Storefront retail facilities must comply with all local and State laws as it pertains to such use at all times, which certain applicable laws are currently set forth in Title 16 Code of Regulations, Sections 5400 through 5413, as may be amended. (Ord. 725 10-6-20; Ord. 683 3-19-19; Ord. 673 9-4-18; Ord. 671 7-3-18; Ord. 657 4-17-18; Ord. 635 11-7-17; Ord. 629 9- 5-17; Ord. 597 2-7-17; Ord. 585 9-20-16)

17.180.045 Marijuana non-storefront retail facilities.

A. Permitted Locations. Marijuana non-storefront retail facilities shall only be located in Highway Commercial Districts (C-H), Business Park Commercial (C-BP) Districts, and Light Industrial Districts (I-L) in the Industrial Cannabis Overlay Zone in the City.

B. Number of Plants. Non-storefront retail facilities shall not cultivate more than 99 mature flowering marijuana plants on site at any one time.

C. Permits.

1. Non-storefront retail facilities located in C-H and C-BP districts shall obtain both a City-issued Conditional Use Permit and Regulatory Permit, except as otherwise herein allowed in subsection D.

2. Non-storefront retail facilities located in I-L districts shall obtain both a City-issued Administrative Use Permit and Regulatory Permit, except as otherwise herein allowed in subsection D.

D. Administrative Approval. A duly approved manufacturing facility and/or distribution facility, with a duly approved Conditional Use Permit or Administrative Use Permit, as applicable, and Regulatory Permit, and in good standing with the City, may request modification of the already approved Conditional Use Permit to operate a non-storefront retail facility provided the Director of Community Development, or designee, finds all of the following:

1. There is a 10% or less than deviation to each of the following:
a. On-site circulation and parking, loading and landscaping; b. Placement and/or height of walls and fences;
c. Exterior architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme; d. The density or intensity of a development project;
e. Paving; and
f. Hours of operation.

2. The marijuana manufacturing and/or distribution facility and its non-storefront retail facility use is consistent with the goals, objectives, policies and programs of the general plan.

3. The marijuana manufacturing and/or distribution facility and its non-storefront retail facility use complies with all applicable zoning and other regulations.

4. The marijuana manufacturing and/or distribution facility and its non-storefront retail facility use will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity.

5. The location, design and operation of the marijuana manufacturing and/or distribution facility and its non-storefront retail facility use will be compatible with existing and planned land uses in the vicinity.

6. Any project contemplating this Administrative Approval must comply with the California Environmental Quality Act (“CEQA”), and any and all applicable State and local laws and regulations. If CEQA is in fact implicated, as so determined by the Director of Community Development, CEQA must be adhered to, as so required by law.

Applications for a modification of a Conditional Use Permit under this section shall be on a form prescribed by the Director and shall be filed with the Department, pursuant to Chapter 17.68 (Applications and Fees) and must be approved by the Director, or his or her designee, who may establish additional conditions to further the intent of this section. Any modification request which exceeds the prescribed limitations outlined in this section shall comply with requirements set forth in Section 17.180.060(B)(2). Minor modifications shall not apply when a nonconforming use, structure or site is involved.

Marijuana manufacturing and/or distribution facility applications under this section may be referred to the planning commission at the discretion of the Director.

E. Non-storefront retail facilities shall not deliver to customers within the City limits.

F. Non-storefront retail facilities may also manufacture and/or distribute marijuana, as so allowed with a Conditional Use Permit.

G. Non-storefront retail facilities must comply with all local and State laws as it pertains to such use at all times, which certain applicable laws are currently set forth in Title 16 Code of Regulations, Sections 5414 through 5427, as may be amended. (Ord. 683 3-19-19)

17.180.048 Marijuana entertainment facilities.

A. Permitted Locations. Marijuana entertainment facilities shall be located in commercial districts (except the Commercial Downtown District), industrial district or the Mixed-Use Corridor District in the City.

B. Marijuana entertainment facilities’ primary function shall be an entertainment use and must include:

1. An entertainment use (such as a movie, theater, bowling alley, concert venue), and at least one other of the following uses:
a. Storefront retail facility, which facility complies with all terms and conditions in this chapter, including all State and local laws. The storefront retail facility shall enjoy all uses as provided in Section 17.180.040.
b. On-site marijuana consumption area, which shall comply with all of the following:
i. On-site marijuana consumption area within the confines of the entertainment facility shall only be attached to any storefront retail facility via non-public, secure passageways and must be located in a separate area, and otherwise comply with all State and local laws.
ii. In addition to off-site sale, the storefront retail facility attached to an entertainment facility may sell marijuana products for on-site consumption only to be consumed within the marijuana consumption area. Such on-site sales must be done and consummated by an employee of the entertainment facility via menu only.
iii. Any marijuana-containing product not fully consumed on site, shall be properly packaged for the patron to take it off site.

iv. The sale or consumption of alcohol or tobacco products is not allowed on the premises, and other consistent with State law.
v. The smoking, inhalation, consumption or ingestion of cannabis or cannabis products shall not be visible from any public place or any area where minors may be present.

C. The marijuana entertainment facility shall:

1. Create and maintain an active account within the State’s track and trace system required by Business and Professions Code Section 26067 prior to commencing any commercial marijuana activity.

2. Ensure that the consumption of marijuana or marijuana products is not visible from the outside of the business.

3. Comply with any other conditions specified in their marijuana entertainment facility Conditional Use Permit and Regulatory Permit.

4. Ensure that marijuana consumption areas shall have adequate security and lighting for the safety of patrons and to protect the premises from theft at all times.

5. Comply with all state law and local requirements, including alcohol requirements.

6. Notify patrons verbally and through posting of a sign in a conspicuous location that entry into the premises by persons under the age of 21 is prohibited.

7. Employ a person to be on the premises to supervise employees and patrons at all times during business hours.

8. Install an odor absorbing ventilation and exhaust system so that odor generated inside the premises is not detected outside the premises.

9. Properly designate any and all smoking areas, if applicable, and in compliance with all local and State laws.

10. All designated smoking areas shall be 50 feet from any residential property line.

11. Place and properly maintain solid waste receptacles and recycling bins, in sufficient numbers and locations to service the needs of the proposed use at peak business periods.

12. Properly re-package any and all cannabis or cannabis products that are partially consumed to be taken off site.

D. The marijuana entertainment facility shall not:

1. Allow any on-duty employee to consume any marijuana or marijuana products on the premises.

2. Distribute any free samples of marijuana or marijuana products on the premises.

3. Sell, serve, or permit the sale or serving of marijuana or marijuana products to patrons who are visibly intoxicated.

4. Permit any public nuisances, including any noise violations or other offenses to the public peace and safety.

5. Allow smoking or vaping of any product outside of designated and marked smoking areas, consistent with all local and State law.

E. Conditional Use Permit/Regulatory Permit Required. Entertainment facilities shall obtain both a City-issued Conditional Use Permit and Regulatory Permit. The number of Conditional Use Permits issued for entertainment facilities shall be above and beyond the limited number of conditional use permits allowed for storefront retail facilities.

F. Marijuana entertainment facilities must comply with all provisions of this code and State law at all times.

G. If or when State laws and/or regulations allow for more uses for on-site marijuana consumption venues (such as allowance of infused products, or alcohol sales on the same premises as marijuana sales), such allowed uses may be allowed as follows:

1. Administrative Approval. A duly approved Marijuana Entertainment Facility, with a duly approved Conditional Use Permit and Regulatory Permit, and in good standing

with the City, may request modification of the already approved Conditional Use Permit to operate their marijuana entertainment facility pursuant to the new State law or regulations provided the Director of Community Development, or designee, finds all of the following:
a. There is a 10% or less than deviation to each of the following:
i. On-site circulation and parking, loading and landscaping; ii. Placement and/or height of walls and fences;
iii. Exterior architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme;
iv. The density or intensity of a development project;
v. Paving; and
vi. Hours of operation.
b. Under no circumstances shall any additional square footage be added to the entertainment facility

2. The marijuana entertainment facility use is consistent with the goals, objectives, policies and programs of the General Plan.

3. The marijuana entertainment facility use complies with all applicable zoning and other regulations.

4. The marijuana entertainment facility use will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity.

5. The location, design and operation of the marijuana entertainment facility use will be compatible with existing and planned land uses in the vicinity.

6. Any project contemplating this Administrative Approval must comply with the California Environmental Quality Act (“CEQA”), and any and all applicable State and local laws and regulations. If CEQA is in fact implicated, as so determined by the Director of Community Development, CEQA must be adhered to, as so required by law.

H. The storefront retail facility and/or the on-site marijuana consumption area, or any other marijuana component of the entertainment permit shall be subject to all applicable local taxes, including, but not limited to, those in Chapter 3.34. (Ord. 728 1-19-21)

17.180.050 Marijuana cultivation facilities.

A. Permitted Locations. Marijuana cultivation facilities involving the cultivation of more than 99 mature flowering marijuana plants shall only be located in Highway Commercial Districts (C-H), Business Park Districts (C-BP), and Light Industrial Districts (I-L) in the Industrial Cannabis Overlay Zone in the City.

B. Interior Only. Marijuana cultivation shall be conducted only in the interior of fully enclosed structures, facilities, buildings, or other fully enclosed spaces consistent with the purpose and intent of this chapter. No marijuana cultivation operations, including harvesting and growing plants at any stage, shall be visible from any public right-of-way.

C. Permits.

1. Marijuana cultivation facilities located in C-H and C-BP districts shall obtain a City-issued Conditional Use Permit and Regulatory Permit. (Ord. 712.)

2. Marijuana cultivation facilities located in an I-L districts shall obtain a Cityissued Administrative Use Permit and Regulatory Permit. (Ord. 683 3-19-19; Ord. 673 9- 4-18; Ord. 671 7-3-18; Ord. 657 4-17-18; Ord. 635 11-7-17; Ord. 629 9-5-17; Ord. 597 2- 7-17; Ord. 585 9-20-16)

17.180.060 Marijuana manufacturing facilities.

A. Permitted Locations. Marijuana manufacturing facilities shall only be located in Highway Commercial Districts (C-H), Business Park Districts (C-BP), and Light

Industrial Districts (I-L) in the Industrial Cannabis Overlay Zone in the City, subject to the regulations set forth in this chapter and any additional regulations as may be promulgated hereunder by an ordinance or resolution of the City Council or otherwise pursuant to this chapter.

B. Permits.

1. Marijuana Manufacturing—Administrative Approval. A duly approved marijuana cultivation facility, with a duly approved Conditional Use Permit or Administrative Use Permit, as applicable, and Regulatory Permit, may request modification of the already approved Conditional Use Permit or Administrative Use Permit, as applicable, to operate a marijuana manufacturing facility provided the Director of Community Development, or designee, finds all of the following:
a. There is a 10% or less than deviation to each of the following:
i. On-site circulation and parking, loading and landscaping, ii. Placement and/or height of walls and fences,
iii. Exterior architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme,
iv. The density or intensity of a development project,
v. Paving, and
vi. Hours of operation;
b. The marijuana cultivation facility and its manufacturing use is consistent with the goals, objectives, policies and programs of the General Plan; c. The marijuana cultivation facility and its manufacturing use complies with all applicable zoning and other regulations;
d. The marijuana cultivation facility and its manufacturing use will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity;
e. The location, design and operation of the marijuana cultivation facility and its manufacturing use will be compatible with existing and planned land uses in the vicinity;
f. Any project contemplating this Administrative Approval must comply with the California Environmental Quality Act (“CEQA”), and any and all applicable State and local laws and regulations. If CEQA is in fact implicated, as so determined by the Director of Community Development, CEQA must be adhered to, as so required by law.

Applications for a modification of a Conditional Use Permit under this section shall be on a form prescribed by the Director and shall be filed with the Department, pursuant to Chapter 17.68 (Applications and Fees) and must be approved by the Director, or designee, who may establish additional conditions to further the intent of this section. Any modification request which exceeds the prescribed limitations outlined in this section shall comply with requirements set forth in subsection (B)(2). Minor modifications shall not apply when a nonconforming use, structure or site is involved. Marijuana manufacturing facility applications under this section may be referred to the planning commission at the discretion of the Director.

2. Marijuana Manufacturing Facilities Not Operating Within a Duly Existing Marijuana Cultivation Facility. Marijuana manufacturing facilities which are not operated within an existing and duly approved marijuana cultivation facility or which results in any additional impact or expansion of use or structure(s) shall obtain a City-issued Conditional Use Permit and Regulatory Permit if the marijuana manufacturing facilities are located in C-H or C-BP districts; or a City-issued

Administrative Use Permit and Regulatory Permit if the marijuana manufacturing facilities are located in I-L districts.

C. Interior Only. Marijuana manufacturing shall be conducted only in the interior of fully enclosed structures, facilities, buildings, or other fully enclosed spaces consistent with the purpose and intent of this chapter. No marijuana manufacturing shall be visible from any public right-of-way.

D. Operational Requirements.

1. Manufacturers are limited to certain equipment, methods, solvents, gases and mediums when creating marijuana extracts.

2. Manufacturing facilities with a State license of a Type-6 (non-volatile) or a Type 7 (volatile) classification may be allowed to operate under this chapter.

3. All other methods of extraction shall be conducted in an environment appropriate to the solvent being used, with consideration to proper ventilation and ignition source controls.

4. All equipment, systems and manufacturing processes must meet or exceed all applicable State and Federal requirements and regulations regarding air, water, health and safety, and handling, processing and storage of hazardous materials, solvents, gases and waste. No manufacturing facility shall commence operations or be issued any form of certificate of occupancy without first obtaining all required fire, environmental, health and safety, planning, and building certificates, permits and approvals required under City’s Municipal Code and all other applicable County, State and Federal regulations.

E. Chemical Engineer. As a condition of obtaining a City-issued marijuana Regulatory Permit and Conditional Use Permit, a licensee of a manufacturing facility desiring to operate under this chapter shall first verify that the licensee employs or contracts with a person who has a B.S. in chemical engineering from an accredited school who shall supervise the design, installation and operation of the facility’s systems and manufacturing processes. Such person shall inspect the premises on a quarterly basis and provide such inspection report to the City. The licensee shall submit to the City a written statement that he or she certifies under penalty of perjury that the name of the employee/contractor is true and correct. The employee/contractor shall also submit a written statement that he or she certifies under penalty of perjury his or her educational qualifications and verifying that he or she is employed or contracted to supervise the design, installation and operation of the facility’s systems and manufacturing processes.

F. State Regulations. In the event the State of California implements health and safety regulations applicable to marijuana manufacturing facilities, upon implementation of such State regulations, all marijuana manufacturing facilities operators shall immediately implement the State regulations. Should the City’s regulations be stricter than the State regulations, the marijuana manufacturing facility shall use the City’s regulation. The City reserves all rights it has with implanting its own local regulations. (Ord. 683 3-19-19; Ord. 673 9-4-18; Ord. 671 7-3-18; Ord. 657 4-17-18; Ord. 635 11-7-17; Ord. 629 9-5-17; Ord. 597 2-7-17; Ord. 585 9-20-16)

17.180.070 Marijuana testing facilities.

A. Permitted Locations. Marijuana testing facilities shall only be located in Light Industrial Districts (I-L) or any Commercial District (excluding Downtown Commercial Districts and Visitor-Servicing Commercial Districts) in the City.

B. Interior Only. Marijuana testing shall be conducted only in the interior of fully enclosed structures, facilities, buildings, or other fully enclosed spaces consistent with the purpose and intent of this chapter. No marijuana testing operations shall be visible from any public right-of-way.

C. Permits.

1. Marijuana testing facilities located in I-L or C-H districts shall obtain a Cityissued Administrative Use Permit and Regulatory Permit.

2. Marijuana testing facilities located in C-N. C-G, or C-BP districts shall obtain a City-issued Regulatory Permit. A Conditional Use Permit is not required.

D. Administrative Approval. A duly approved marijuana facility, with duly approved entitlements, such as a Conditional Use Permit or Administrative Use Permit, as applicable, and Regulatory Permit which is in good standing with the City, may request a Minor Modification to the already approved Conditional Use Permit to operate a marijuana testing facility provided the Director of Community Development, or his or her designee, finds all of the following:

1. There is a 10% or less than deviation to each of the following:
a. On-site circulation and parking, loading and landscaping, b. Placement and/or height of walls and fences,
c. Exterior architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme; d. The density or intensity of a development project,
e. Paving, and
f. Hours of operation;

2. The marijuana testing facility and its use is consistent with the goals, objectives, policies and programs of the general plan;

3. The marijuana testing facility and its use complies with all applicable zoning and other regulations;

4. The marijuana testing facility and its use will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity;

5. The location, design and operation of the marijuana testing facility and its use will be compatible with existing and planned land uses in the vicinity;

6. Any project contemplating this Administrative Approval must comply with the California Environmental Quality Act (“CEQA”), and any and all applicable State and local laws and regulations. If CEQA is in fact implicated, as so determined by the Director of Community Development, CEQA must be adhered to, as so required by law;

7. Applications for a modification of a Conditional Use Permit under this Administrative Approval section shall be on a form prescribed by the Director and shall be filed with the Department, pursuant to Chapter 17.68 (Applications and Fees) and must be approved by the Director, or designee, who may establish additional conditions to further the intent of this section. Any modification request which exceeds the prescribed limitations outlined in this section shall comply with requirements set forth in Section 17.180.060(B)(2). Minor modifications shall not apply when a nonconforming use, structure or site is involved. Marijuana testing facility applications under this section may be referred to the Planning Commission at the discretion of the Director. (Ord. 683 3-19-19; Ord. 673 9-4-18; Ord. 671 7-3-18; Ord. 657 4-17-18; Ord. 635 11-7-17; Ord. 629 9-5-17; Ord. 597 2-7-17; Ord. 585 9-20-16)

17.180.080 Marijuana distribution facilities.

A. Permitted Locations. Marijuana distribution facilities shall only be located in Highway Commercial Districts (C-H), a Business Park Districts (C-BP), and Light Industrial Districts (I-L) in the Industrial Cannabis Overlay Zone in the City.

B. Permits.

1. Marijuana distribution facilities located in C-H or C-BP districts shall obtain a Cityissued Conditional Use Permit and Regulatory Permit.

2. Marijuana distribution facilities located in I-L districts shall obtain a Cityissued Administrative Use Permit and Regulatory Permit.

C. Administrative Approval. A duly approved marijuana facility, with duly approved entitlements, such as a Conditional Use Permit or Administrative Use Permit, as applicable, and Regulatory Permit in good standing with the City, may request modification of the already approved Conditional Use Permit to operate a marijuana distribution facility provided the Director of Community Development, or his or her designee, finds all of the following:

1. There is a 10% or less than deviation to each of the following:
a. On-site circulation and parking, loading and landscaping, b. Placement and/or height of walls and fences,
c. Exterior architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme, d. The density or intensity of a development project,
e. Paving, and
f. Hours of operation;

2. The marijuana distribution facility and its use is consistent with the goals, objectives, policies and programs of the General Plan;

3. The marijuana distribution facility and its use complies with all applicable zoning and other regulations;

4. The marijuana distribution facility and its use will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity;

5. The location, design and operation of the marijuana distribution facility and its use will be compatible with existing and planned land uses in the vicinity;

6. Any project contemplating this Administrative Approval must comply with the California Environmental Quality Act (“CEQA”), and any and all applicable State and local laws and regulations. If CEQA is in fact implicated, as so determined by the Director of Community Development, CEQA must be adhered to, as so required by law;

7. Applications for a modification of a Conditional Use Permit under this Administrative Approval section shall be on a form prescribed by the Director and shall be filed with the Department, pursuant to Chapter 17.68 (Applications and Fees) and must be approved by the Director, or designee, who may establish additional conditions to further the intent of this section. Any modification request which exceeds the prescribed limitations outlined in this section shall comply with requirements set forth in Section 17.180.060(B)(2). Minor modifications shall not apply when a nonconforming use, structure or site is involved. Marijuana distribution facility applications under this section may be referred to the Planning Commission at the discretion of the Director.

D. Interior Only. Other than loading, unloading and transportation, all distribution of marijuana and marijuana products shall be conducted only in the interior of enclosed structures, facilities, or buildings.

E. Labor Peace Agreements. All applicants for a Conditional Use Permit pursuant to this chapter shall demonstrate that it has already entered into, and will abide by the terms of a labor peace agreement, as defined in California Business and Professions Code Section 26000 prior to issuance of Certificate of Occupancy.

F. Public Safety. All applicants for Conditional Use Permit to operate a marijuana distribution facility under this chapter shall: (1) demonstrate that such facility will be equipped with adequate security installations and systems to prevent trespassing, theft and diversion of marijuana for unlawful purposes, including exterior lighting, an alarm system, and 24-hour, on-site security personnel, tag and trace protocols and video surveillance; and (2) shall maintain such security installations and systems while in operation. (Ord. 683 3-19-19; Ord.

673 9-4-18; Ord. 671 7-3-18; Ord. 657 4-17-18; Ord. 635 11-7-17; Ord. 629 9-5-17; Ord. 597 2-7-17; Ord. 585 9-20-16)

17.180.085 Marijuana hotel facilities.

A. Permitted Locations. Marijuana hotel facilities shall be located in commercial districts (excluding the Downtown Commercial District), Mixed-Use Corridor District, or VisitorServing Mixed-Use District in the City.

B. Marijuana hotel facilities shall not:

1. Allow any on-duty employee to consume any marijuana or marijuana products on the premises.

2. Admit entry into the premises, including both indoors and outdoors, any person who is under 21 years of age.

3. Sell, serve, or permit the sale or serving of marijuana or marijuana products to persons other than patrons.

4. Distribute any free samples of marijuana or marijuana products on the premises.

5. Sell, serve, or permit the sale or serving of marijuana or marijuana products to patrons who are visibly intoxicated.

6. Permit any public nuisances, including any noise violations or other offenses to the public peace and safety.

7. Allow smoking or vaping of any product outside of designated and marked smoking areas, consistent with all local and State law.

C. Marijuana hotel facilities shall:

1. Store marijuana-containing products out of sight and in accordance with State law.

2. Be allowed to display empty packages of marijuana containing products and/or provide a menu of marijuana-containing products to patrons.

3. Create and maintain an active account within the State's track and trace system required by Business and Professions Code Section 26067 prior to commencing any commercial marijuana activity.

4. Ensure that the consumption of marijuana or marijuana products is not visible from the outside of the business.

5. Comply with any other conditions specified in their marijuana hotel facilities Conditional Use Permit and Regulatory Permit.

6. Ensure that marijuana consumption areas shall have adequate security and lighting for the safety of patrons and to protect the premises from theft at all times.

7. Comply with all State alcohol requirements.

8. Notify patrons verbally and through posting of a sign in a conspicuous location that entry into the premises by persons under the age of 21 is prohibited.

9. Provide marijuana or marijuana products to a patron in an amount reasonable for on-site consumption and consistent with personal possession and use limits allowed by State law.

10. For marijuana hotel facilities with more than 10 rooms, employ a person to be on the premises to supervise employees and patrons at all times during business hours.

11. Install an odor absorbing ventilation and exhaust system so that odor generated inside the premises is not detected outside the premises.

12. Properly designate any and all smoking areas, if applicable, and in compliance with all local and State laws.

13. All designated smoking areas shall be 50 feet from any property line(or residential use).

14. Train its employees about the various marijuana or marijuana products it sells, including potency of the products, absorption time, and effects of the products.

15. Place and properly maintain solid waste receptacles and recycling bins, in sufficient numbers and locations to service the needs of the proposed use at peak business periods.

16. Properly re-package any and all cannabis or cannabis products that are partially consumed to be taken off site.

D. Conditional Use Permit/Regulatory Permit Required. No hotel/motel or other transient lodging facility as defined in Chapter 3.20 may sell, offer to sell, prepare for sale, or otherwise provide marijuana or marijuana products to patrons, nor allow the on-site consumption of marijuana or marijuana products by patrons, without first obtaining both a City-issued Conditional Use Permit and Regulatory Permit. The number of Conditional Use Permits issued for marijuana hotel facilities shall be above and beyond the limited number of conditional use permits allowed for storefront retail facilities.

E. Marijuana hotel facilities must comply with all provisions of this code and State law as it pertains to any and all uses at all times.

F. Marijuana hotel facilities shall be subject to all applicable local taxes, including, but not limited to, those in Chapter 3.34, which shall be in addition to any transient occupancy taxes. (Ord. 727 1-19-21)

17.180.090 Marijuana facilities—Required license and permits.

In addition to those other requirements which may be imposed pursuant to this chapter, no person or entity shall engage in marijuana activity or open or operate a marijuana facility without possessing and obtaining the following:

A. A marijuana Regulatory Permit issued by the City pursuant to Chapter 5.50 of the City’s Municipal Code; and
B. A Conditional Use Permit, pursuant to the conditions set forth in this chapter and the City’s Municipal Code;
C. An Administrative Use Permit, pursuant to the conditions set forth in this chapter and the City’s Municipal Code; and
C. Compliance with all applicable codes, including the Building Code; and D. Any applicable State-required permit.

The fact that a person or entity possesses other types of State or municipal permits or licenses does not exempt the person or entity from the requirement of obtaining a City-issued Conditional Use Permit to operate a marijuana facility. Notwithstanding any provision of this chapter to the contrary, marijuana facilities that do not qualify as one of the marijuana facility types expressly regulated by the provisions of this chapter are prohibited from operating anywhere within the City. (Ord. 683 3-19-19; Ord. 673 9-4-18; Ord. 671 7-3-18; Ord. 657 4-17-18; Ord. 635 11-7-17; Ord. 629 9-5-17; Ord. 597 2-7-17; Ord. 585 9-20-16)

17.180.100 Licenses and permits applicable to location.

No person or entity shall locate or operate a marijuana facility under the authority of a license or permit at any place other than the address of the marijuana facility as stated in the marijuana Regulatory Permit issued by the City and the Conditional Use Permit issued pursuant to this chapter. (Ord. 683 3-19-19; Ord. 673 9-4-18; Ord. 671 7-3-18; Ord. 657 4-17-18; Ord. 635 11-7- 17; Ord. 629 9-5-17; Ord. 597 2-7-17; Ord. 585 9-20-16)

17.180.110 Signage and notices.

In addition to the requirements otherwise set forth in this chapter, business identification signage for all marijuana facilities shall conform to the requirements of the City’s Municipal Code, including, but not limited to, issuance of a City Sign Permit. (Ord. 683 3-19-19; Ord. 673 9-4-18; Ord. 671 7-3-18; Ord. 657 4-17-18; Ord. 635 11-7-17; Ord. 629 9-5-17; Ord. 597 2-7-17; Ord. 585 9-20-16)

17.180.120 Compliance with laws.

A. It is the responsibility of the owners and operators of all marijuana facilities to ensure that such facilities are, at all times, operating in compliance with all applicable Federal (not dealing with marijuana), State and local laws and regulations and any additional operating procedures or requirements which may be imposed as conditions of approval of a given marijuana facility. Nothing in this chapter shall be construed to authorize any action which violates Federal (not dealing with marijuana), State law or local law with respect to the operation of a commercial marijuana business.

B. Marijuana facilities shall be permitted only as provided in this chapter and if not expressly permitted by this chapter, shall be prohibited.

C. Any person or entity operating a marijuana facility shall at all times remain in compliance and operate in accordance with the applicable provisions of this chapter, the City’s Municipal Code, and all applicable State laws and regulations, as may be amended pertaining to marijuana facilities.

D. Failure to abide by any laws mentioned in this section shall constitute a public nuisance and shall subject the marijuana facility to revocation of any and all entitlements, licenses and permits. (Ord. 683 3-19-19; Ord. 673 9-4-18; Ord. 671 7-3-18; Ord. 657 4-17-18; Ord. 635 11-7-17; Ord. 629 9-5-17; Ord. 597 2-7-17; Ord. 585 9-20-16)

17.180.130 Administration and enforcement.

A. In addition to the administration of the permitting requirements under this chapter and the City’s Municipal Code, the City Council or its designee may require, as a condition to granting or renewing permits, any information reasonably necessary to implement the intent of this chapter to ensure that all marijuana is grown, processed, manufactured and distributed in a manner not in conflict with this chapter, and to ensure that any and all related city taxes are being properly reported and paid.

B. A Conditional Use Permit or Administrative Use Permit, and any modifications thereto approved for a marijuana facility may be suspended or revoked for any violation of this chapter and pursuant to the procedures generally applicable to Conditional Use Permits as set forth in the City’s Municipal Code. Violations of this chapter are subject to administrative, civil, and/or criminal penalties, as set forth in the City’s Municipal Code, and remedies for such violations include, but are not limited to, civil injunctive relief, civil or administrative nuisance abatement actions or proceedings, summary abatement of immediately hazardous conditions, and all other applicable fines, penalties and remedies.

The ordinance codified in this chapter is adopted to address public health and safety issues, and as such, is expressly intended to be interpreted strictly and enforced rigorously in a manner such as to deter further violations. (Ord. 683 3-19-19; Ord. 673 9-4-18; Ord. 671 7- 3-18; Ord. 657 4-17-18; Ord. 635 11-7-17; Ord. 629 9-5-17; Ord. 597 2-7-17; Ord. 585 9-20- 16)
Section 3. 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 4. 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 5. 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 6. EFFECTIVE DATE
That this ordinance shall be effective thirty days after the second reading of the ordinance.

Section 7. CERTIFICATION
That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.

That the foregoing Ordinance was approved and adopted at a meeting of the City Council held on ________________, 2022, by the following vote:

That the foregoing Ordinance was approved and adopted at a meeting of the City Council held on ________________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:
_______________________________
Scott Matas, Mayor
ATTEST:
____________________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:

Jennifer A. Mizrahi, City Attorney
____________________________________
By:

SR-22-015
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: Ordinance Amending Chapter 17.84 "Development Agreements" Text in Order to Harmonize the Text with the Approved "Review Authority" Table

17.64.01 Adopted by Ordinance 712 in May 2020 While Updating the Zoning for the 2020 General Plan Amendment
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 neural;
7) Close the Public Hearing;
8) City Council discussion and questions to Staff; and
9) Concur in recommendation of the Planning Commission on December 14, 2021 that the City Council introduce for First Reading and read by title only: "An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Chapter 17.84 "Development Agreements" text in order to harmonize the text with the approved "Review Authority" Table 17.64.01 adopted by Ordinance 712 in May 2020 while updating the zoning for the 2020 General Plan Amendment." BACKGROUND:

The City of Desert Hot Springs (“City”) is a charter city organized pursuant to Article XI of the California Constitution. After a duly noticed public hearing, on May 26, 2020, the City Council adopted and approved a General Plan Update and an amendment to the General Plan Land Use Map to update the General Plan and re-designate several properties in the City, GPA 20-1 (the “General Plan Amendment”).

The City complied with CEQA for such General Plan Amendment. In adopting the General Plan Amendment, the City also adopted Ordinance 712 (Exhibit 2), which amended various chapters of the DHS Municipal Code, as well as several Tables. That said, some of the text of the DHS Municipal Code was never updated to reflect certain amendments provided by Ordinance 712. In particular, Table

17.64.01 provides that the City Council is the body who reviews and approves Development Agreements. Accordingly, this Ordinance merely updates the text of Chapter 17.84 to comply with the already-adopted Review Authority Table 17.64.01.

SR-22-015
FISCAL IMPACT:

None
ATTACHMENTS:

Exhibit 1 - Proposed Ordinance
Exhibit 2 - Ordinance 712

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS AMENDING CHAPTER 17.84 “DEVELOPMENT AGREEMENTS” TEXT IN ORDER TO HARMONIZE THE TEXT WITH THE APPROVED “REVIEW AUTHORITY” TABLE

17.64.01 ADOPTED BY ORDINANCE 712 IN MAY 2020 WHILE UPDATING THE ZONING FOR THE 2020 GENERAL PLAN AMENDMENT
WHEREAS, the City of Desert Hot Springs (“City”) is a charter city organized pursuant to Article XI of the California Constitution; and WHEREAS, after a duly noticed public hearing, on May 26, 2020, the City Council adopted and approved a General Plan Update and an amendment to the General Plan Land Use Map to update the General Plan and re-designate several properties in the City, GPA 20-1 (the “General Plan Amendment”); and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”), Public Resources Code Sections 21000, et seq., and its implementing regulations, California Code of Regulations Section 15000, et seq., (“CEQA Guidelines”), the City, acting as Lead Agency, reviewed and certified a draft Environmental Impact Report (State Clearinghouse number 2019080101) prepared for the proposed General Plan Amendment and determined that, following the implementation of certain mitigated measures; and
WHEREAS, the City adopted and approved, pursuant to the CEQA Guidelines Section 15093, the Statement of Overriding Considerations; and WHEREAS, therefore, CEQA analysis has already been performed for this Ordinance, because this Ordinance merely updates the text of Chapter 17.84 to comply with the already-adopted Review Authority Table 17.64.01; and WHEREAS, Government Code Section 65803 provides that Chapter 4 Zoning Regulations of Title 7 Planning and Land Use of the Government Code does not apply to charter cities, except to the extent that the same may be adopted by charter or ordinance; and
WHEREAS, Government Code Section 658667.5 provides in part that a development agreement: (1) is a legislative act that shall be approved by ordinance and is subject to referendum; (b) shall not be approved unless the legislative body finds that the agreement is consistent with the general plan and specific plan; and (c) that includes a subdivision shall not be approved unless the agreement provides that any tentative map will comply with Section 66473.7; and
WHEREAS, Table 17.64.01 provides that the City Council is the body who reviews and approves Development Agreements; and

WHEREAS, this Ordinance amends the text of Chapter 17.84 in order to harmonize with Table 17.64.01; and
WHEREAS, pursuant to Section 15162(a) of the CEQA Guidelines, once an EIR has been certified, no subsequent environmental review needs to be completed unless there are substantial changes in the project that warrant additional review; and WHEREAS, the City Council further finds that the adoption of this ordinance is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of this Ordinance in question may have a significant effect on the environment; and WHEREAS, the Planning Commission held a duly noticed hearing on this Ordinance and recommended that the City Council adopt same; and WHEREAS, this Ordinance is compatible with the general objectives of the General Plan and any applicable specific plan; and
WHEREAS, this Ordinance protects the public health, safety and welfare.

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

SECTION 1. RECITALS
The recitals and true and correct and are hereby incorporated.

SECTION 2. AMENDMENT OF CHAPTER 17.84 “DEVELOPMENT AGREEMENTS” The City Council hereby amends Chapter 17.84 “Development Agreements” which shall read as follows:

Chapter 17.84 DEVELOPMENT AGREEMENTS

17.84.010 Purpose.

A. These provisions are intended to establish procedures and requirements for the consideration of development agreements upon application by, or on behalf of property owners or other persons having a legal or equitable interest in the property proposed to be subject to the agreement. It is intended that the provisions of this chapter shall be fully consistent, and in full compliance, with the provisions of Article

2.5 of Chapter 4 of Division 1 of Title 7 (commencing with Section 65864) of the

California Government Code, and shall be so construed, except as to changes allowed by a Charter City.

B. Interpreting the provisions of any development agreement entered into pursuant to this chapter, those provisions shall be read to fully implement, and to be consistent with, the language of this chapter, Article 2.5 of the California Government Code, cited in subsection A of this section, and the agreement itself. In the event that any apparent discrepancies between the meaning of these documents arise, then the documents shall control in interpreting the development agreement in the following order of priority:

1. Terms and expressions of the development agreement itself;

2. Provisions of this chapter; and

3. Provisions of Article 2.5 of the California Government Code, cited above. (Prior code § 159.40.010)

17.84.020 Application.

A. Any owner of real property or other person having a legal or equitable interest in the property may request and apply through the Director to enter into a development agreement provided that:

1. Property proposed to be subject to the agreement shall be not less than 1 acre in size;

2. Application is made on forms approved, and contains all information required, by the Director;

3. The status of the applicant as an owner of, or holder of legal or equitable interest in the property is established to the satisfaction of the Director; and

4. Application is accompanied by the fee established pursuant to Chapter 17.68 (Applications and Fees) and all other lawfully required documents, materials and information.

B. This chapter empowers the Director to receive, review, process and prepare, together with recommendations, for Commission and Council consideration, as applicable, all applications for development agreements. The Director may call upon all other departments of the City for timely assistance in complying with this chapter.

C. Appropriate processing fees, as established by resolution of the Council, shall be charged for any application for a development agreement made pursuant to the provisions of this chapter, and shall also be so established and charged for periodic reviews conducted pursuant to Chapter 17.68. (Prior code § 159.40.020)

17.84.030 Public hearings.

A. Upon finding the application for a development agreement complete, the Director shall set the application, together with recommendations, for public hearing before the City Council Commission pursuant to Chapter 17.104 (Hearings and Appeals). Upon conclusion of the public hearing by the Commission, the Commission

shall recommend to the Council that it approve, conditionally approve, or disapprove the application.

B. Upon receipt of the Commission’s recommendation, the City Clerk shall set the application and written report of the Commission for public hearing before the Council. Following conclusion of the public hearing by the Council, the Council shall approve, conditionally approve or deny the application.

C. Public hearing notice(s), as set forth in subsections A and B of this section, shall be given noticing intention to consider adoption of a development agreement as required by Government Code Section 65867.

D. In the event the Council approves or conditionally approves the application, it shall, as a part of its action of approval, direct the City Attorney to prepare a development agreement embodying the terms and conditions of the application as approved or conditionally approved by it, as well as a resolution authorizing execution of development agreement by the City Manager.

E. The resolution shall set forth findings, and the facts supporting them, that the development agreement is consistent with the General Plan and any applicable specific plans, this Zoning Ordinance, and that it will promote the welfare and public interest of the City.

F. The resolution may be subjected to referendum in the manner provided by law. (Prior code § 159.40.030)

17.84.040 Content of development agreement.

A. Mandatory Contents. Development agreements entered into pursuant to this chapter must contain provisions that:

1. Specify the duration of the agreement;

2. Specify the permitted uses of the property,

3. Specify the density or intensity of use(s);

4. Set forth the maximum height and size of proposed structures;

5. Set forth provisions, if any, for reservation or dedication of land for public purposes;

6. Provisions not permitting protection from a future increase in development fees;

7. Provisions for a tiered amendment review procedure such as:
a. Director sign-off for small changes;
b. Commission sign-off for large changes; and
c. Major amendments by Council; and

8. Provisions for a health and safety exception such as a “compelling public necessity” (i.e., a new environmental health hazard is discovered).

B. Permissive Contents. Development agreements entered into pursuant to this chapter may:

1. Incorporate terms, conditions, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses, and to the density or intensity of development, set forth in the agreement;

2. Include provisions that construction shall be commenced within a specified time and that the project or any phase thereof shall be completed within a specified time;

3. Incorporate terms and conditions relating to applicant financing of necessary public improvements and facilities, including, but not limited to, applicant participation in benefit assessment proceedings; and

4. Incorporate such other terms, conditions and requirements as the Council may deem necessary and proper, including, but not limited to, a requirement for assuring, to the satisfaction of the City, performance of all provisions of the agreement in a timely fashion by the applicant/contracting party. (Prior code § 159.40.040)

17.84.050 Execution and recordation.

A. The development agreement shall not be executed by the City until on or after the date upon which the resolution approving the agreement and enacted pursuant to Section 17.84.030 becomes effective.

B. A development agreement that has been properly executed shall be recorded in the office of the County Recorder no later than 10 days after it is entered into. (Prior code § 159.40.050)

17.84.060 Environmental review.

Approval or conditional approval of a development agreement, pursuant to this chapter shall be deemed a discretionary act for purposes of the California Environmental Quality Act (CEQA). (Prior code § 159.40.060)

17.84.070 Periodic review.

A. All development agreements approved and executed pursuant to this chapter shall be periodically reviewed during the term of the agreement every year following the date of execution.

B. Reviews conducted pursuant to this section shall be to determine whether the applicant/contracting party or its successor in interest has complied in good faith with the terms of the development agreement. The burden shall be on the applicant/contracting party or its successor to demonstrate such compliance to the full satisfaction of, and in a manner as prescribed by the City.

C. In the event that, as a result of periodic review pursuant to this section, the Council finds and determines, on the basis of substantial evidence, that the

applicant/contracting party or its successor in interest has not complied in good faith with terms or conditions of the agreement, the Council may order, after hearing, that the agreement be terminated or modified. (Prior code § 159.40.070)

17.84.080 Effect of development agreement.

The rules, regulations and official policies governing permitted uses of the land, density limits, and design standards, improvement and construction standards and specifications, applicable to development of the property subject to a development agreement, are the rules, regulations, and official policies in force at the time of execution of the agreement, unless otherwise provided by the development agreement. A development agreement does not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations and policies which do not conflict with those rules, regulations and policies applicable to the property under the development agreement, nor does a development agreement prevent the City from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations and policies. (Prior code § 159.40.080)

17.84.090 Approved development agreements.

Pursuant to this chapter, development agreements approved by the Council are on file with the office of the City Clerk. (Prior code § 159.40.090) Section 3. 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 4. 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 5. 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 6. EFFECTIVE DATE

That this ordinance shall be effective thirty days after the second reading of the ordinance.

Section 7. CERTIFICATION
That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.

That the foregoing Ordinance was approved and adopted at a meeting of the City Council held on ________________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:
_______________________________
Scott Matas, Mayor
ATTEST:
____________________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:

Jennifer A. Mizrahi, City Attorney
____________________________________
By:

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
1 17.04 GENERAL PROVISIONS

17.04.050 Definitions
A Definitions
Accessory Dwelling Unit (ADU). An attached or detached dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with another primary, single-unit dwelling. An ADU includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same lot as the primary unit. An ADU may be structured as one efficiency unit, as defined in of the Health and Safety Code Section 17958.1, and/or a manufactured home, as defined in of the Health and Safety Code Section 18007, among other formats.

Accessory Dwelling Unit, Attached. An ADU that is either attached to (by a minimum of one shared wall), or completely contained within, the primary existing space of the singleunit dwelling unit or existing accessory structure.

Accessory Dwelling Unit, Detached. An ADU that provides new residential square footage not attached to or sharing any walls with the primary existing single-unit dwelling.

Junior Accessory Dwelling Unit. A unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.

Accessory Structures and Uses.

Accessory Structures. A structure that is located upon the same site as the structure or use to which it is accessory. Accessory structures may consist of detached structures or additions to primary structures. The use of an accessory structure is incidental and subordinate to the use of the principal structure, or to the primary land use of the site. Does not include habitable accessory structures such as accessory dwelling units (ADUs).

Accessory Uses. A use that is customarily associated with, and is incidental and subordinate to, the primary use and located on the same parcel as the primary use.

Accessory Use includes active or passive solar heating systems and cogeneration facilities.

Agriculture/Horticulture. All methods of production and management of crops, vegetation, and soil. This includes, but is not limited to, the related activities of tillage, fertilization, pest control, harvesting and marketing. Excludes cannabis or marijuana cultivation and related activities, which is addressed separately.

Alcoholic Beverage Sales. The retail sale of beer, wine, and/or other alcoholic beverages for onor off-premises consumption.

17.04.050 Definitions
2 Alcohol Sales, Off-Site. Any business selling alcoholic beverages as a primary use, including beer, wine, distilled spirits, hard liquor, and/or any other alcoholic beverages.

Does not include grocery stores, convenience stores, warehouse stores, or other alcohol sales authorized as part of an off-site wine tasting room or food and beverage product manufacturing.

Alcoholic Beverage Sales, for on-site or off-site consumption, in conjunction with an allowed use. Any business selling alcoholic beverages as an accessory use for on-site or off-site consumption, including beer, wine, distilled spirits, hard liquor, and/or any other alcoholic beverages. Does not include grocery stores, convenience stores, warehouse stores, or other alcohol sales authorized as part of an off-site wine tasting room or food and beverage product manufacturing.

Ambulance Fleet. A base facility where ambulances and similar vehicles are parked and from which they are dispatched, and/or where ambulance vehicles and crews are not based at a hospital or fire department stand by for emergency calls.

Amusement and Recreation Establishments, Indoor. See “Commercial Recreation – Indoors.” Amusement and Recreation Establishments, Outdoor. See “Commercial Recreation – Outdoors.”
Animal Care, Sales, and Services.

Animal Boarding/Kennels. The commercial provision of shelter and care for dogs, cats, other household animals, and horses (where allowed), including activities associated with such shelter and care (e.g., feeding, exercising, grooming, and incidental medical care).

Animal Grooming. The commercial provision of bathing and trimming services for dogs, cats, and other household animals permitted by the Municipal Code. Overnight boarding is not included with this use (see “Animal Boarding/Kennels”).

Animal Shelter. An establishment that provides a temporary home for dogs, cats, and other animals that are commonly offered for adoption with the provision of adequate heat, ventilation, sanitary shelter and wholesome and adequate food and water, in each case consistent with the normal requirements and feeding habits of the animal's size, age, species, breed, and physical condition.

Veterinary Services, Large Animal. Veterinary services for livestock, farm animals, and other large animals. This classification allows 24-hour accommodation of animals receiving medical services.

Veterinary Services, Small Animal. Veterinary services for household pets. This classification allows 24-hour accommodation of animals receiving medical services but does not include kenneling of animals not receiving medical services (see “Animal Boarding/Kennels”).

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
3 Antenna. See “Wireless Communication Facilities.”
Antiques, Art, Collectibles, and Gifts. See “Retail Sales – General.” Apartment. See “Dwelling, Multifamily.”
Arcade (Electronic Game Center). An establishment that provides more than four amusement devices, whether or not the devices constitute the primary use or an accessory or incidental use of the premises. Amusement devices mean an electronic or mechanical equipment, game, or machine that is played or used for amusement, which, when so played or used involves skill and which is activated by coin, key, or token, or for which the player or user pays money for the privilege of playing or using. This use may also include internet/cyber cafes, where three or more computers and/or other electronic devices, for access to that system commonly referred to as the "internet," e-mail, playing video games over the Internet or other network system, and/or access to other computer software programs, is provided to the public for compensation and/or for public access.

Internet cafe is also synonymous with PC cafe, cyber cafe, internet gaming center, computer/internet rental and cyber centers.

Art and Art Supply Store. See “Retail Sales – General.” Art Gallery. See “Retail Sales – Art Gallery.”
Assisted Living Facility. See “Residential Care Facility.” Auditoriums, Meeting Halls, and Theaters. See “Clubs, Lodges, Private Meeting Halls.” Automated Teller Machines (ATMs), Drive-up or Drive-Through. An unstaffed computerized, self-service machine used by banking customers for financial transactions, including deposits, withdrawals, and fund transfers. These machines may be located at or within banks, or in other locations, and meet the definition of as a “Drive-Through or Drive-Up Facilities.” Automobile Repair. See “Vehicles – Trucks, Construction, and Heavy Equipment Sales, Service, and Rental.”
Auto Parts Store. See “Vehicles – Trucks, Construction, and Heavy Equipment Sales, Service, and Rental.”
B Definitions
Banks and Financial Services. See “Financial Institutions and Related Services (without drivethrough facilities).” Bar. See “Eating and Drinking Establishments – Bars, Lounges, Nightclubs, and Tasting Rooms.” Bed and Breakfast Establishment. See “Lodging – Bed and Breakfast Establishments.”

17.04.050 Definitions
4 Boarding House. A boarding house is a residence or dwelling, other than a motel or hotel, wherein two or more rooms, with or without individual or group cooking facilities, are rented to three or more individuals under separate rental agreements or leases, either written or oral, whether or not an owner, agent or rental manager is in the residence. Meals may also be included. This use type includes convents, monasteries, and student dormitories, but does not include fraternities and sororities. Notwithstanding this definition, no single-unit dwelling operated as a group home pursuant to the Community Care Facilities Act, which is otherwise exempt from local Zoning Regulations, shall be considered a boarding house.

Brewery, Winery, or Distillery. An establishment which produces ales, beers, meads, hard ciders, wine, liquor, and/or similar beverages on‐site. Breweries may also serve beverages on site and sell beverages for off‐site consumption in keeping with the regulations of the Alcohol Beverage Control (ABC) and Bureau of Alcohol, Tobacco, and Firearms (ATF).

Building Materials and Services. Retail sales or rental of building supplies or equipment. This classification includes lumber yards, tool and equipment sales, or rental establishments, and includes establishments devoted principally to taxable retail sales to individuals for their own use.

This classification includes the accessory retail sale of nursery and garden products, as defined under “Nursery and Garden Centers.”
Indoor. Storage and display of commercial goods or materials entirely within an enclosed building.

Outdoor. Storage and display of commercial goods or materials in open lots, outside of a structure other than fencing, either as an accessory or principal use.

Business, Retail. See “Retail Sales – General.”
Business Support Services. Establishments providing goods and services to other businesses on a fee or contract basis, including printing and copying, blueprint services, advertising and mailing, equipment rental and leasing, office security, custodial services, photo finishing, model building, taxi, or delivery services with two or fewer fleet vehicles on site.

Business, Wholesale. See “Warehouse, Wholesaling and Distribution.” C Definitions
Cannabis Facility or Use. See “Marijuana Facility.”
Cabinet Shop. See “Furniture and Fixtures Manufacturing, Cabinet Shops, and Woodworking Shops.”
Car Sharing – Parking The provision of parking spaces for membership-based car sharing vehicles that charges a use-based fee related to a specific vehicle, primarily for hourly or other

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
5 short-term use through a self-service fully automated reservation system, but not by means of a separate written agreement that is entered into each time a vehicle is transferred to a customer.

Car Wash. See “Vehicle Repair and Services – Vehicle Washing/Detailing.” Caretaker Quarters. A permanent residence that is secondary or accessory to the primary use of the property, and used for housing a caretaker employed on the site of any nonresidential use where needed for security purposes or to provide 24-hour care or monitoring of people, plants, animals, equipment, or other conditions on the site.

Carpet Cleaning and Dyeing Plants. See “Laundries and Dry-Cleaning Plants.” Carport. See “Garage or Carport.”
Cash for Gold Facilities. Defined and regulated as “Retail Sales - Restricted” and further, an establishment that accepts gold, silver, and other precious metals primarily from jewelry, in exchange for monies.

Catering Service. See “Food Preparation/Catering (No On-Site Sales or Service).” Check Cashing and/or Payday Loans. A commercial land use that generally includes some or all of a variety of financial services, including cashing of checks, warrants, drafts, money orders, or other commercial paper serving the same purpose; deferred deposit of personal checks whereby the check casher refrains from depositing a personal check written by a customer until a specific date pursuant to a written agreement; money transfers; payday advances; issuance of money orders; making consumer or auto-title loans; and similar uses. This category does not include state or federally chartered banks, savings associations, credit unions, or industrial loan companies. It also does not include retail sellers that are primarily engaged in the business of selling consumer goods, such as consumables to retail buyers, and that cashes checks or issues money orders as a service to its customers (for a fee not exceeding two dollars) incidental to their main purpose or business.

Child Day Care Centers. See “Day Care Center.”
Church. See “Religious Assembly Facilities.”
Clinics and/or Urgent Care. See “Hospitals and Clinic/Urgent Care.” Clubs, Lodges, Private Meeting Halls. See “Public Assembly Facilities.” Clubhouse. A private accessory structure associated with a voluntary association of persons organized for cultural, recreational, and communal gatherings suited for multifamily dwelling complexes, homeowners’ association, neighborhoods, and/or golf courses. See also “Public Assembly Facilities.”

17.04.050 Definitions
6 Commercial Recreation. Recreational facilities where visitors are participant actors rather than spectators. Examples include outdoor facilities such as amusement and theme parks, water parks, swimming pools; driving ranges, golf courses, miniature golf courses, riding stables; and indoor facilities such as large fitness centers, gymnasiums, handball, badminton, racquetball, dance hall and tennis club facilities; ice or roller skating rinks; trampoline and bounce house establishments; bowling alleys; pool and billiards lounges; and electronic game and amusement centers. This classification may include snack bars and other incidental food and beverage services to patrons.

Bars or restaurants with alcohol sales shall be treated as a separate use and shall be regulated accordingly, even when operated in conjunction with the entertainment and recreation use.

Commercial Recreation – Indoors. Privately owned facilities for various indoor spectator or participant sports and types of recreation where a fee is charged for use. Indoor Commercial Recreation uses include, but are not limited to:
▪ Arcades
▪ Archery and gun ranges
▪ Batting cages
▪ Bowling alleys
▪ Billiard parlors/poolhalls
▪ Dance halls
▪ Ice rinks
▪ Laser tag
▪ Skateboarding, skating, and roller hockey rinks
▪ Theaters
Commercial Recreation – Outdoors. Privately owned facilities for various outdoor spectator or participant sports and types of recreation where a fee is charged for use.

Outdoor Commercial Recreation uses include, but are not limited to:
▪ Amphitheaters
▪ Amusement parks
▪ Batting cages
▪ Bocce ball
▪ Drive-in theaters
▪ Go-cart and miniature auto racetracks
▪ Golf driving ranges (separate from golf courses)
▪ Miniature golf courses
▪ Motorcycle racing and drag strips
▪ Racetracks
▪ Shooting ranges
▪ Skateboard parks
▪ Stadiums and coliseums
▪ Swim and tennis clubs
▪ Swimming pools
▪ Tennis courts
▪ Water slides

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
7 ▪ Zoos
Community/Cultural Center. See “Cultural Institutions.” Consignment Store. See “Secondhand Store.”
Condominium Hotel/Motel, Converted. The conversion of an existing hotel/motel to a condominium housing development.

Construction Equipment Rental/Sales. See “Vehicles – Trucks, Construction, and Heavy Equipment Sales, Service, and Rental.”
Contractor’s Storage Yard. See “Storage.”
Convalescent Home. See “Residential Care Facilities.”
Convenience Store. A retail establishment with not more than 4,500 square feet of gross floor area offering for-sale prepackaged food products, household items, newspapers and magazines, and sandwiches and other freshly prepared foods, such as salads, for off-site consumption. Sale of alcoholic beverages is limited to beer and wine only in conjunction with an ABC License Type 20.

Cultural Institutions. A nonprofit institution displaying or preserving objects of interest in one or more of the arts or sciences. This use includes libraries, museums, and art galleries. May also include accessory retail uses such as a gift/book shop, and restaurant.

D Definitions
Data Centers. An industrial building containing floor space that houses computer mainframes, servers, and IT equipment primarily for the purpose of storing data and distributing data stored onsite. Data centers also contain all associated power distribution, cooling, cabling, fire suppression, and physical security systems.

Day Care Center. Establishments providing non-medical care for persons (children or adults) on a less than 24-hour basis other than “Family Day Care Homes.” This classification includes nursery schools, preschools, and day care facilities for children or adults, and any other day care facility licensed by the State.

Dining, Outside Seating Areas. See “Eating and Drinking Establishments.” Donation Boxes. A bin, storage shed, or similar facility established as an accessory use to a primary use for the purpose of providing a collection location for donated clothes, shoes, and small household items.

Drive-Through and Drive-Up Facilities. An establishment that sells products or provides services to occupants in vehicles, including automated teller machines, drive-in or drive-up windows, and drive-through services. Examples include fast food restaurants, banks, and

17.04.050 Definitions
8 pharmacies. Does not include “click and collect” facilities in which an online order is picked up in a stationary retail business without use of a drive-in service (see “Retail Sales – General”). Does not include drive-in theaters or “Vehicle Services - Washing.” Dry Cleaning Establishments. See “Laundries and Dry-Cleaning Plants.” Dwelling. A structure designed or used for the shelter or housing of one or more persons, including single-unit and multi-unit dwellings, but not including hotels, boarding houses, or rooming houses.

Dwelling, Single Family. A dwelling unit designed for occupancy by one household which is not attached to or located on a lot with commercial uses or other dwelling units, other than an accessory dwelling unit. This definition also includes individual manufactured housing units installed on a foundation system pursuant to Health and Safety Code Section 18551.

Dwelling, Multiple Family. Two or more dwelling units attached or detached on a site or lot, which does not include an accessory dwelling unit. Types of multiple unit dwellings include a duplex, triplex, fourplex, townhouses, common interest subdivisions, garden apartments, senior housing developments, and multistory apartment buildings. Multipleunit dwellings may also be combined with nonresidential uses as part of a mixed-use development.

E Definitions
Eating and Drinking Establishments. Businesses primarily engaged in serving prepared food and/or beverages for consumption on or off the premises.

Bars, Lounges, Nightclubs, and Tasting Rooms. Any establishment that sells or serves alcoholic beverages for consumption on the premises and is holding or applying for a public premise license from the State Department of Alcoholic Beverages and in which persons under 21 years of age are restricted from the premises. References to the establishment shall include any immediately adjacent area that is owned, leased, or rented, or controlled by the licensee. This use includes wine tasting rooms and micro-breweries where alcoholic beverages are sold and consumed on site and any food service is subordinate to the sale of alcoholic beverages. Does not include adult entertainment businesses.

Food Preparation/Catering (No On-Site Sales or Service). Businesses preparing and/or packaging food for off-site consumption, excluding those of an industrial character in terms of processes employed, waste produced, water used, and traffic generation. Typical uses include catering kitchens, bakeries, and small-scale specialty food production. Food Preparation may also be considered accessory to allowed restaurant uses.

Restaurant – Full or Limited Service, No Alcohol Sales. Establishments where food and beverages may be consumed on the premises, taken out, or delivered.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
9 Restaurant – Full or Limited Service, Serving Alcohol. A restaurant that provides alcohol service.

Restaurant – with Drive-Through Facilities. See “Drive-Through or Drive-Up Facilities.”
Snack Bar. A food facility limited to serving labeled prepackaged food, including, but not limited to, candy, chips, prepackaged cookies, canned beverages, hot dogs, sandwiches, or comparable items which are considered non-potentially hazardous and limited to single service utensils.

Emergency Shelter. See “Lodging – Homeless Shelters.”
Entertainment, Indoor. An establishment offering predominantly spectator uses conducted within an enclosed building. Typical uses include motion picture theaters, live performance theaters, meeting halls, and dance halls.

Equestrian Stables, Private. An accessory structure for the keeping of horses or ponies for the use of occupants of the premises.

Equestrian Stables, Commercial. A structure for keeping of horses, mules or ponies which are boarded for compensation.

F Definitions
Family Day Care Homes. A day care facility licensed by the State that is located in a single-unit residence or other dwelling unit where a resident of the dwelling provides care and supervision for children under the age of 18 for periods of fewer than 24 hours a day.

Small. A facility that provides care for eight or fewer children, including children who reside at the home and are under the age of 10. See Health and Safety Code Section 1596.78.

Large. A facility that provides care for nine to 14 children, including children who reside at the home and are under the age of 10. See Health and Safety Code Section 1596.78.

Farmers’ Market. A temporary marketplace, either indoors or outdoors, for the display and sale of produce and other agricultural products such as, but not limited to, fresh fruits, vegetables, nuts, honey, shell eggs, flowers, and nursery stock.

Financial Institutions and Related Services (without drive-through facilities). Financial institutions providing retail banking services. This classification includes only those institutions engaged in the on-site circulation of money, including credit unions, but does not include “Check Cashing Shops and/or Payday Loans” or any facility exchanging valuables for payment.

Firearm and Ammunition Store. Defined and regulated as “Retail Sales - Restricted” and further, the selling, leasing, or transferring of any firearm or firearm ammunition in quantity, in

17.04.050 Definitions
10 series, in individual transactions, or in any other manner indicative of trade; or the preparation for such ·conduct as evidenced by the securing of applicable federal or state licenses; or the holding of one's self out as engaging in such conduct.

Food Preparation. See “Eating and Drinking Establishments.” Food Processing. Food processing establishment includes any room, building, or place or portion thereof, maintained, used, or operated for the purpose of commercially storing, packaging, making, cooking, mixing, processing, bottling, canning, packing, slaughtering, or otherwise preparing or handling food, with the exception of restaurants.

Fortune-Telling/Palm Reading/Psychic Readers. See “Personal Services, Restricted.” Freight and Truck Terminals. Transportation facilities furnishing services incidental to freight, courier, and postal services by truck, airplane, or rail. This classification does not include local messenger and local delivery services (see “Light Fleet-Based Services”).

Funeral Parlors and Internment Services. An establishment primarily engaged in the provision of services involving the care, preparation, or disposition of human remains and conducting memorial services. Typical uses include crematories, columbaria, mausoleums, mortuaries, funeral chapels, and funeral homes.

Furniture and Fixtures Manufacturing, Cabinet Shops, and Woodworking Shops.

Manufacturing establishments that produce wood and metal household furniture and appliances; bedsprings and mattresses; office furniture and partitions, lockers, shelving and store furniture; and miscellaneous drapery, hardware, window blinds, and shades. Also includes wood and cabinet shops, but not sawmills or planing mills.

G Definitions
Garden, Private. An accessory use where the owner or tenant grows and harvests food crops and/or non-food crops for personal use by the owner or tenant of the land.

Gas/Fueling Station. See “Service/Fueling Station.”
General Retail. See “Retail Sales – General.”
Golf Course and Related Facilities. A tract of land which is laid out with at least nine holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course includes a clubhouse and shelters as accessory uses. Country clubs provide private recreational, social, and multi-purpose uses associated with a private golf course for the benefit and enjoyment of members and their guests. Typical uses include clubhouses, tennis courts, playgrounds, and swimming pools.

Government Facilities. A building or structure owned, operated or occupied by a governmental agency to provide a governmental service to the public.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
11 Grocery Store. A retail establishment where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the site of the store.

Group Home – 6 residents or fewer. A facility which provides 24-hour care and supervision to children, provides services to a specific client group, and maintains a structured environment, with such services provided at least in part by staff employed by the licensee. The care and supervision provided by a group home shall be nonmedical except as permitted by Welfare and Institutions Code Section 17736(b). Since small family and foster family homes, by definition, care for six or fewer children only, any facility providing 24-hour care for seven or more children must be licensed as a group home.

Gun and Ammunition Store. See “Firearm and Ammunition Store.” H Definitions
Hazardous Waste Facilities.

Off-Site Hazardous Waste Facility. Any structures, other appurtenances, and improvements on the land, and all contiguous land serving more than one producer of hazardous waste and used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste including, but not limited to:
▪ Incineration facility (i.e., rotary kiln, fluid bed, etc.) ▪ Residual repository (receives only residuals from hazardous waste treatment facilities)
▪ Stabilization/solidification facilities
▪ Chemical oxidation facilities
▪ Neutralization/precipitation facilities
▪ Transfer/storage facilities
Specified Hazardous Waste Facility. A specific off-site facility project proposal.

Health Facilities, Therapy and Rehabilitation. Establishments of independent health practitioners primarily engaged in one of the following:

Rehabilitation. Planning and administering educational, recreational, and social activities designed to help patients or individuals with disabilities, regain physical or mental functioning or to adapt to their disabilities.

Specialized Sensory Treatments. Diagnosing and treating speech, language, or hearing problems.

Therapy. Administering medically prescribed physical therapy treatment for patients suffering from injuries or muscle, nerve, joint, and bone disease.

17.04.050 Definitions
12 Health/Fitness Facilities.

Small. An indoor facility of 2,500 square feet or less in size where passive or active exercises and related activities are performed using minimal muscle-building equipment or apparatus for the purpose of physical fitness, improved circulation or flexibility, and/or weight control. Examples of uses include Pilates, personal training, dance, yoga, and martial arts studios.

Large. A full-service fitness center, gymnasium, or health and athletic club which is over 2,500 square feet in size and may include any of the following: sauna, spa, or hot tub facilities; weight rooms; indoor tennis, handball, or racquetball courts; rock climbing wall, boxing ring, cheerleading, aerobic classes; and other indoor sports activities; and locker rooms and showers.

Homeless Shelters. Places of worship, public buildings, or quasi-public facilities that provide emergency or temporary shelter for more than 31 days in any six-month period to homeless individuals and/or groups. These accommodations may include temporary lodging, meals, laundry facilities, bathing, counseling, and other basic support services.

Hospitals and Clinic/Urgent Care. State-licensed facilities providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons. This classification includes facilities for inpatient or outpatient treatment, including substance-abuse programs, as well as training, research, and administrative services for patients and employees. This classification excludes veterinaries and animal hospitals (see “Animal Care, Sales, and Services”).

Clinic/Urgent Care. A facility other than a hospital providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an out-patient basis, including emergency treatment, diagnostic services, administration, and related services to patients who are not lodged overnight. Services may be available without a prior appointment. This classification includes licensed facilities such as blood banks and plasma centers and emergency medical services offered exclusively on an outpatient basis such as urgent care centers. Typically operates beyond standard medical office hours and may provide emergency treatment. May include educational aspects such as medical instruction and/or training as well as house a lab, radiology, pharmacy, rehabilitation, and other similar services as accessory uses. This classification does not include private medical and dental offices that typically require appointments and are usually smaller scale; see “Office, Medical and Dental Office.”
Hospital. A facility providing medical, psychiatric, or surgical services for sick or injured persons primarily on an in-patient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors.

Hotel. See “Lodging – Hotel and Motel.”

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
13 I Definitions
Impound Yard. See “Vehicle Storage.”
Instructional Services. Commercial establishments that offer specialized programs in personal growth and development provided on an individual or group setting. Typical uses include classes or instruction in music, art, or academics. Instructional Services also include rehearsal studios as an accessory use.

Internet Café. See “Arcade (Electronic Game Center).”
J Definitions
Jewelry Store. See “Retail Sales – General.”
K Definitions
Kennel. See “Animal Care, Sales, and Services.”
L Definitions
Laboratory – Medical, Analytical, Research, Testing. A facility for testing, analysis, and/or research. Examples of this use include medical labs, soils and materials testing labs, and forensic labs. This type of facility is distinguished from industrial research and development (see “Research and Development”) in its orientation more toward testing and analysis than product development or prototyping; an industrial research and development facility may typically include this type of lab. The “medical lab” subset of this land use type is oriented more toward specimen analysis and processing than direct blood drawing and specimen collection from patients (see “Hospitals” and “Clinics”) but may also include incidental specimen collection. This definition does not include any Laboratory relating to cannabis; see “Marijuana Facility.” Laboratory, Medical and Dental. See “Office, Medical and Dental.” Laundries and Dry-Cleaning Plants. Establishments engaged in high-volume laundry and garment cleaning services, including power laundries, garment pressing and dry cleaning, linen supply, diaper service, industrial laundries, and carpet and upholstery cleaners. Does not include coin-operated laundries (“laundromat”) or dry-cleaning drop-off/pick-up stores (“personal services”) without dry cleaning equipment.

Laundromat. An establishment engaged in operating facilities with coin operated or similar selfservice laundry and dry-cleaning equipment for customer use on the premises.

Library. See “Cultural Institutions.”
Live Entertainment. A musical act (including karaoke), theatrical act (including standup comedy), play, revue, scene, dance act, or combination, performed by one or more persons,

17.04.050 Definitions
14 whether or not they are compensated for the performance, in a privately owned premise that is open to the public, whether or not admission is charged.

Live/Work Unit. An integrated housing unit and working space occupied and utilized by a single household in a structure, either single-unit or multiple-unit, and may include only commercial activities and pursuits that are compatible with the character of a residential environment. May be designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes: (1) complete kitchen space and sanitary facilities in compliance with the City building code and (2) working space reserved for and regularly used by one or more occupants of the unit.

Lodging. An establishment providing overnight accommodations to transient patrons for payment for periods of fewer than 30 consecutive calendar days.

Bed and Breakfast Establishment. A building or group of buildings providing 15 or fewer bedrooms or suites that are rented for overnight lodging, with a common eating area for guests. Does not include room rental, which is separately defined (see “Boarding House”).

Hotel and Motel (without spa). An establishment with guest rooms or suites, with or without kitchen facilities, rented to the general public for overnight lodging to transient patrons. These establishments may provide additional services, such as conference and meeting rooms, restaurants, bars, personal services, retail services, or recreational facilities available to guests or to the general public. This use classification includes short-term residential rental, which is a dwelling unit that are shared, in whole or in part, for transient occupancy for periods of up to 30 consecutive days as a way of generating rental income.

This use classification does not include boarding or rooming housings (see “Boarding Houses”) or bed and breakfasts (see “Bed and Breakfast Establishments”).

Spa Resort. A development providing visitor-oriented accommodations, including overnight lodging, restaurants, recreational and physical fitness amenities, spa facilities, and meeting facilities, which are designed to provide mainly for the needs of visitors.

Low Barrier Navigation Center. Housing or a shelter in which a resident who is homeless or at risk of homelessness may live temporarily while waiting to move into permanent housing, or as otherwise may be defined by Government Code 65660(a).

Lumber Yards, Retail and Wholesale. See “Building Materials and Services.” M Definitions
Maintenance and Repair Services – Indoor. Establishments engaged in the maintenance or repair of office machines, household appliances, furniture, and similar items. This classification excludes maintenance and repair of vehicles or boats (see “Vehicle Sales and Services”) and personal apparel (see “Personal Services").

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
15 Manufactured Home. See “Mobile Home.”
Manufacturing – Heavy. Manufacturing of products from extracted or raw materials or recycled or secondary materials, or bulk storage and handling of such products and materials. This classification includes operations such as biomass energy conversion; textile mills; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; chemical manufacturing; plastics and rubber products manufacturing; nonmetallic mineral product manufacturing (such as sand, gravel, or clay into products for intermediate or final consumption); primary metal manufacturing; fabricated metal product manufacturing; petroleum refining and related industries; and automotive, ship, aircraft, and heavy equipment manufacturing. Includes accessory office uses associated with the on-site use. This classification does not include recycling (see “Recycling”) or the processing of animals.

Manufacturing – Light. A use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, and treatment packaging, taking place primarily within enclosed buildings and producing minimal impacts on nearby properties. Includes accessory wholesale and/or direct retail sale to consumers of only those goods produced on-site. Includes accessory office uses associated with the on-site use. Examples of light industrial uses include but are not limited to the manufacture of electronic instruments, equipment, and appliances; brewery and alcohol production, pharmaceutical manufacturing; and production apparel manufacturing.

Marijuana Facility. Collectively, any marijuana storefront retail facility, non-storefront retail facility, marijuana cultivation facility, marijuana distribution facility, marijuana testing facility, or marijuana manufacturing facility, as those terms are defined in this chapter.

Marijuana Cultivation. A facility wherein marijuana is propagated, planted, grown, harvested, dried, cured, graded, labeled, tagged for tracking, or trimmed, or wherein all or any combination of those activities takes place.

Marijuana Distribution. Any facility or location, the primary function of which is the procurement, sale, and/or transport of marijuana and/or marijuana products between entities operating in strict accordance with State law, as may be amended from time to time, and subject to the provisions of this chapter and the City’s Municipal Code.

Marijuana Manufacturing. A facility where the production of marijuana concentrate, and/or the preparation, propagation, or compounding of manufactured marijuana, either directly or indirectly or by extraction methods or independently by means of chemical synthesis, or the packaging or repackaging of marijuana or marijuana products, or the labeling or relabeling of its containers, occurs, provided the facility holds a valid marijuana manufacturing facility license, a marijuana Regulatory Permit, and a Conditional Use Permit all issued in accordance with this chapter and the City’s Municipal Code, and provided that the facility will qualify for a valid State license when the State of California begins issuing State licenses to marijuana manufacturers.

17.04.050 Definitions
16 Marijuana Storefront Retail. Shall have the same meaning as in Business and Professions Code Section 26070(a)(1), as may be amended, and further defined by Sections 5400 to 5413 et seq., in the California Code of Regulations, as may be amended. This is a retail facility which sells and/or delivers marijuana or marijuana products to customers. A storefront retail facility shall have a licensed premises which is a physical location from which commercial cannabis activities are conducted.

Marijuana Testing Facilities. Shall have the same definition as in the Business and Professions Code Section 26001, as may be amended, which currently means a laboratory, facility, or entity in the State that offers or performs tests of cannabis or cannabis products and that is both of the following: (1) accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the State and (2) licensed by the Bureau of Cannabis Control and regulated by Section 5700 et seq., as may be amended of Title 16 of the California Code of Regulations.

Massage. See “Personal Services.”
Massage Establishment. See “Personal Services.”
Materials Storage Yard. See “Building Materials and Services.” Mausoleum. See “Cemeteries, Crematories, Columbaria, and Related Facilities” and “Funeral Parlors and Internment Services.”
Medical Services. See “Hospitals and Clinics” and “Office, Medical and Dental Office.” Metal Plating. See “Manufacturing – Heavy.”
Metal Working/Fabrication. See “Manufacturing – Heavy.” Mobile Home. A trailer, transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, which is over eight feet in width and 40 feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach, or factory-built housing. A mobile home on a permanent foundation is included under the definition of “Single Family Dwelling.” Mobile Home Parks. A parcel of land under one or more ownerships that has been planned and improved for the placement of two or more mobile homes, as the term “mobile home” is defined in Civil Code Section 798.3 or successor provision of the State Mobile home Residency Law, for non-transient use.

Motel. See “Lodging – Hotel and Motel.”
Moving Companies, Storage Allowed. An establishment that moves the possessions of a household or business from one site to another. The company may also provide storage, or incidental sales of moving supplies.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
17 Multifamily Dwelling. See “Dwelling – Multifamily Dwelling.” Museum. See “Cultural Institutions.”
N Definitions
Nightclub. See “Eating and Drinking Establishments.”
Nurseries and Garden Centers. Establishments primarily engaged in retailing nursery and garden products—such as trees, shrubs, plants, seeds, bulbs, and sod—that are predominantly grown elsewhere. These establishments may sell a limited amount of a product they grow themselves. Fertilizer and soil products are stored and sold in package form only. This classification includes wholesale and retail nurseries offering plants for sale. This classification also includes farm supply and feed stores.

Nursery School. See “Day Care Centers.”
Nursing Home. See “Residential Care Facilities.”
O Definitions
Offices.

Business and Professional (Non-Medical and Dental Office). Offices of firms or organizations providing professional, executive, management, or administrative services, such as accounting, architectural, computer software design, engineering, graphic design, interior design, legal offices, and tax preparation offices, but excluding banks and savings and loan associations (see “Financial Institutions and Related Services” and “Check Cashing and/or Payday Loans”).

Medical and Dental Office. Office use providing consultation, diagnosis, therapeutic, preventive, or corrective treatment services by doctors, dentists, chiropractors, acupuncturists, optometrists, and similar medical professionals, medical and dental laboratories within medical office buildings, but excluding clinics or independent research laboratory facilities and hospitals (see “Hospitals and Clinics”) and similar practitioners of medical and healing arts for humans licensed for such practice by the State of California.

Incidental medical and/or dental research within the office is considered part of the office use, where it supports the on-site patient services.

Office Supply Store. See “Retail Sales – General.”
Outdoor Temporary and/or Seasonal Sales. The temporary outdoor use of property for retail sales.

Outside Storage Area. See “Storage.”

17.04.050 Definitions
18 P Definitions
Parking Facility - Temporary. A use to store operative cars, buses, recreational vehicles, trucks, vans, and other motor vehicles for a specified period of time, with the intent to discontinue the use at the end of the designated time period.

Parolee/Probationer Homes. Any residential structure or unit, including any hotel or motel, except as provided herein, whether owned and/or operated by an individual or for-profit or nonprofit entity, which houses two or more parolees/probationers, unrelated by blood, marriage, or legal adoption, in exchange for monetary or non-monetary consideration given and/or paid by the parolee/probationer and/or any individual or public or private entity on behalf of the parolee/probationer, excluding parolees/probationers who reside in an alcohol and/or drug-free residential recovery home, community care facility, residential care facility, and other such facilities defined and regulated by California state law and exempt from local regulations by California state law.

Pawn Shop. Defined and regulated as “Retail Sales - Restricted” and further, a commercial establishment that sells secondhand personal property and in which the operator provides loans secured by such personal property.

Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber shops and beauty salons, seamstresses, tailors, day spas, massage services where all persons engaged in the practice of massage are certified pursuant to the Business and Professions Code Section 4612, dry cleaning agents (excluding large-scale bulk cleaning plants), shoe repair shops, self-service laundries, tattoo and body piercing services, video rental stores, photocopying, photo finishing services, and travel agencies mainly intended for the consumer.

Personal Services, General. Establishments that provide recurrently needed services of a personal nature. Examples of these uses include:
▪ barber shops, hair salon
▪ clothing rental shops
▪ day spa without massage
▪ dry-cleaning pick-up stores with limited on-site cleaning equipment ▪ laundromats (self-service laundries)
▪ locksmiths
▪ nail salon
▪ shoe repair shops
▪ tailors and seamstresses
▪ ticket services shops
Personal Services, Restricted. Personal services with characteristics that have the potential to adversely impact surrounding areas and which may need to be dispersed to minimize their adverse impacts. Examples of these uses include:

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
19 ▪ day spa with massage
▪ fortune-telling, palm reading, and psychic services
▪ massage establishments
▪ palm and card readers
▪ tanning salons
▪ tattoo and body piercing services
Planned Residential Development. As defined by Civil Code Section 1351(k), a development (other than a community apartment project, condominium, or stock cooperative) having either or both of the following features:

1. The common area is owned either by an association or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area; and/or

2. A power exists in the association to enforce an obligation of an owner of a separate interest with respect to the beneficial use and enjoyment of the common area by means of an assessment which may become a lien upon the separately owned parcel, or area in compliance with Civil Code Section 1367.

Property Management. An office within a residential housing project or a multiple-family development in which a manager, acting as agent for the owner-lessor(s) of the residential housing project or the multiple-family development.

Public Assembly Facilities. A facility for public or private assembly and meetings, exclusive of “Religious Assembly Facilities,” which is defined separately. Examples of these uses include:
▪ banquet rooms
▪ civic and private auditoriums
▪ community centers
▪ conference/convention facilities
▪ meeting halls for clubs and other membership organizations Public Assembly Facilities do not include gymnasiums or other “Sports and Entertainment Assembly” facilities, or “Day Care Centers” or “Schools,” which are all separately classified and regulated.

Public Park. See “Park and Recreation Facilities.”
Public Utility Commercial Office. See “Office, Public Utility Commercial.” Q Definitions
Reserved.

17.04.050 Definitions
20 R Definitions
Recording Studio. Workplaces where movies, television shows or radio programs are produced and recorded, including administrative and technical production, administrative and production support offices, post-production facilities (editing and sound recording studios, foley stages, etc.), optical and special effects units, film processing laboratories, etc.

Recreation Facilities, Private. A building, structure, or open space designed as an accessory recreational use to a permitted principal use. Private recreational facilities include such uses as swimming pools and tennis courts and are not open to the general public and not operated for profit.

Recreation Use, Commercial. See “Commercial Recreation.” Recreational Equipment Rentals, Indoor Only. Rental of bicycles, scooters, skateboards, ice skates, snowboards, surfboards, and similar recreational vehicles and equipment that are powered by persons and do not include a motor; use includes on-site storage and incidental maintenance that does not require pneumatic lifts.

Recycling Facilities. A facility for receiving, temporarily storing, transferring, and/or processing materials for recycling, reuse, or final disposal. This use classification does not include facilities that deal with animal matter, nor does it include waste transfer facilities that operate as materials recovery, recycling, and solid waste transfer operations, which are classified as utilities.

Collection Facility. A facility available for the general public for the recycling of California Redemption Value (CRV) products such as glass, aluminum cans, and plastic beverage containers as defined by the State’s Department of Resources Recycling and Recovery. Also includes reverse vending machines, where an automated mechanical device that accepts, sorts, and processes recyclable materials and issues a cash refund or a redeemable credit slip. Processing and sorting are not conducted on site.

Large Collection Facility. A facility that occupies an area of more than 500 square feet and/or includes permanent structures where the public may donate, redeem, or sell recyclable materials.

Reverse Vending Machine(s). An automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to, aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value of not less than the container's redemption value as determined by the state. A "reverse vending machine" may sort and process containers mechanically provided that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
21 Small Collection Facility. A facility that occupies an area of 500 square feet or less where the public may donate, redeem, or sell recyclable materials and may include:
▪ A mobile unit
▪ Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet
▪ Kiosk-type units that may include permanent structures ▪ Unattended containers placed for the donation of recyclable materials Processing Facility. A facility used for the collection and processing of recyclable materials for shipment, or to an end user’s specifications, by such means as baling, briquetting, cleaning, compacting, crushing, flattening, grinding, mechanical sorting, remanufacturing and shredding. Processing facilities include the following types, both of which are included under the definition of “Recycling facilities—Scrap and Dismantling Yards”:

Heavy Processing Facility. A heavy processing facility is any processing facility other than a light processing facility.

Light Processing Facility. A facility that occupies an area of under 45,000 square feet of collection, processing, and storage area, and averages two outbound truck shipments each day. Light processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding and sorting of source separated recyclable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers.

Religious Assembly Facilities. Any facility specifically designed and used to accommodate the gathering of persons for the purposes of fellowship, worship, or similar conduct of religious practices and activities. This definition includes functionally related internal facilities (i.e., kitchens, multi-purpose rooms, storage, etc.) and residences for clergy. Other establishments maintained by religious organizations, including full-time educational institutions, hospitals and other related operations, are classified according to their respective activities.

Repair/Maintenance, Consumer Products. See “Maintenance and Repair Services – Indoor.” Research and Development. A facility for scientific research and the design, development and testing of electrical, electronic, magnetic, optical, and computer and telecommunications components in advance of product manufacturing, and the assembly of related products from parts produced off site, where the manufacturing activity is secondary to the research and development activities. Includes pharmaceutical, chemical and biotechnology research and development. Does not include soils and other materials testing laboratories (see “Laboratory – Medical, Analytical, Research, Testing”), or blood drawing and specimen collection from patients (see “Hospitals and Clinics, Clinic”), or testing of computer software (see “Office”). Includes assembly of related

17.04.050 Definitions
22 products from parts produced off-site where the manufacturing activity is secondary to the research and development activities.

Residential Care Facilities. Facilities that are licensed by the State to provide permanent living accommodations and 24-hour care and supervision for seven or more persons in need of personal services, supervision, protection, or assistance for sustaining the activities of daily living, including medical care. Living accommodations are shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. This classification includes facilities that are operated for profit as well as those operated by public or not-for-profit institutions, including residential care facilities for the elderly, hospices, nursing homes, convalescent facilities, and facilities for minors, persons with disabilities, and people in recovery from alcohol or drug addictions. This use classification excludes “Supportive and/or Transitional Housing.” Restaurant. See “Eating and Drinking Establishments.”
Retail Sales – General. The retail sale or rental of merchandise not specifically listed under another use classification. This classification includes department stores, clothing stores, furniture stores, pet supply stores, hardware stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies and services (including portraiture and retail photo processing), medical supplies and equipment, pharmacies, electronic equipment, sporting goods, kitchen utensils, hardware, appliances, antiques, art galleries, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding vehicle service and installation). Retail sales may be combined with other services such as office machine, computer, electronics, and similar small-item repairs. Does not include swap meet, pawn shop, or secondhand stores.

Retail Sales – Art Gallery. A retail use that incudes sales and exhibition of art work with small-scale production of art work and instruction on-site.

Retail Sales – Restricted. The retail sale of firearm and ammunition stores, pawn shops, consignment stores, secondhand stores, and business offering payment for valuable goods such as jewelry and gold (e.g., cash for gold facilities).

Retirement Home. See “Senior Housing.”
S Definitions
Satellite Antenna. See “Wireless Telecommunication Facilities.” Schools. A public or private educational institution which is run by the State or a subdivision or which is licensed by the State to offer preschool, elementary or secondary academic instruction — including kindergartens, elementary schools, middle or junior high schools, and high schools.

Schools, K - 12 – Private. A private academic educational institution, including boarding schools; elementary, middle/junior, and high schools; military academies; and businesses providing instruction in arts and languages. This definition does not include “Trade and

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
23 Vocational Schools,” “Tutoring and Education Centers,” or non-tuition part-time instruction at religious assembly facilities.

Schools, Private. A private academic educational institution, including boarding schools; colleges and universities; elementary, middle/junior, and high schools; military academies; and businesses providing instruction in arts and languages. This definition does not include “Trade and Vocational Schools,” “Tutoring and Education Centers,” or non-tuition parttime instruction at religious assembly facilities.

Secondhand/Thrift Store. Defined and regulated as “Retail Sales – Restricted” and further, a business involved in the retail sale of used goods and merchandise such as a thrift store or consignment, whereby the sale of such used goods and merchandise comprise 25 percent or more of total monthly sales volume. This definition does not include pawn shops and swap meets.

Self-Storage. See “Storage – Personal.”
Senior Care Facilities. See “Senior Housing.”
Senior Housing. A housing development incorporating independent dwelling units that are designed for, and limited to, the occupancy by persons who are at least 62 years of age, or who are at least 55 years of age and meet the qualifications found in Section 51.3 of the California Civil Code. This definition includes senior apartments, retirement communities, retirement homes and homes for the aged. It does not include extended care facilities such as convalescent homes or skilled nursing facilities (“Medical services—Extended care”), assisted living facilities, or senior care facilities.

Service/Fueling Station. See “Vehicle Repair and Services.” Short-Term Residential Rental. See “Lodging – Hotel and Motel.” Shopping Center. See “Retail Sales – General.”
Single Family Dwelling. See “Dwelling - Single Family Dwelling.” Single Room Occupancy (SRO). Single room living spaces located within organized multi-unit residential complexes and supported by common facilities for dining and recreation.

Single Unit Dwelling. See “Single Family Dwelling.”
Social Service Facilities. Residential or nonresidential facilities providing assistance and aid to those persons requiring counseling and/or treatment for psychological problems, addictions, learning disabilities, physical disabilities or to those persons in need of food and/or shelter. May include feeding centers, as well as substance abuse recovery and treatment facilities.

Spa Resort. See “Lodging – Spa Resort.”

17.04.050 Definitions
24 Storage.

Storage – Accessory. The indoor storage of materials accessory and incidental to the primary use is not considered a land use separate from the primary use.

Storage – Outdoor. The storage of various materials outside of a structure other than fencing, either as an accessory or primary use.

Storage – Outdoor Recreational Vehicle Storage. The storage of operative or inoperative recreational vehicles. These uses include storage of towed recreational vehicles, impound yards, and storage lots for recreational vehicles, but do not include recreational vehicle dismantling.

Storage – Personal. A structure containing a separate storage space that is designed to be leased or rented individually. Indoor storage shall mean that access to all storage spaces shall be from common interior corridors, and the facility has only shared loading areas.

This use does not include outdoor storage of any kind. Further, such storage does not involve any manufacturing, office or business services, or human habitation in any storage space or anywhere on site. Also known as mini-storage.

Storage - Vehicles. The storage of operative or inoperative vehicles. These uses include storage of towed vehicles, impound yards, and storage lots for buses and recreational vehicles, but do not include vehicle dismantling.

Substance Abuse Treatment Center. See “Social Service Facilities.” Supportive and/or Transitional Housing. The term Supportive Housing (per Government Code Section 65582[f], as may be amended) shall mean a dwelling unit occupied by a target population, with no limit on length of stay, that is linked to on-site or off-site services that assist the supportive housing resident(s) in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. A target population means persons with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Welfare and Institutions [W&I] Code Section 4500) and may include—among other populations—adults, emancipated youth, families, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

The term Transitional Housing (per Government Code Section 65582[j] and 50801[i], as may be amended) shall mean buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of assistance.

Supportive and/or transitional housing may be designed as a residential group living facility or as a regular residential use, provided the facility appears as and meets the design standards for

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
25 residential structures in the zone in which it is located. Supportive and/or transitional housing may include facilities that provide both on-site and off-site services, and such use may or may not be licensed by the State.

Supermarket. See “Grocery Store.”
Swap Meet. Any outdoor place, location, or activity where new or used goods are offered for sale or exchange to the general public by multiple individuals or licensed vendors, usually in compartmentalized spaces; and where a fee may be charged to prospective buyers for admission, or a fee may be charged for the privilege of offering or displaying such merchandise. The term swap meet is interchangeable with and applicable to flea markets, auctions, open air markets, farmers markets, or other similarly named or labeled activities; but the term does not include supermarket or department store retail operations.

Swimming Pool, Private. Any confined body of water, located either above or below the finished grade of the site or on a rooftop, which exceeds 18 inches in depth (or as otherwise defined by Building Code Chapter 31 (Special construction), Section 3119.B.5 (Pools), as it may be amended from time to time), and which is designed, used, or intended to be used for swimming or bathing purposes.

T Definitions
Temporary Uses/Activities. Any activity of limited duration that is permitted through the issuance of a Temporary Use Permit (See “Temporary Use Permits”).

Tennis Court, Private. See “Recreation Facilities, Private.” Trade and Vocational Schools. Public or private post-secondary schools (other than a community college or four-year college) providing occupational or job skills training for specific occupations, including business and computer schools, management training, and technical training schools.

Excludes personal instructional services such as music lessons and tutoring.

Trailer, Utility. A trailer used solely for the transportation of personal property.

Transitional Housing. See “Supportive and/or Transitional Housing.” Truck Terminal. See “Freight and Truck Terminals.”
Tutoring and Educational Centers. A business where supplemental educational instruction in specific subjects and skills is provided to school-age children.

U Definitions
Urgent Care. See “Hospitals and Clinic/Urgent Care.”

17.04.050 Definitions
26 Utility Facilities. A structure or improvement built or installed above ground for the purpose of providing utility services, communications services, and materials transfer to more than one lot.

Includes generating plants; electric substations; solid waste collection, including transfer stations and materials recovery facilities; solid waste treatment and disposal; water or wastewater treatment plants; and similar facilities of public agencies or public utilities, including corporation and maintenance yards.

Staffed. Utility facilities that include office and/or working space for employees, and/or that require employees to be located on site for general operation of the facility.

Unstaffed. Utility facilities that do not include office and/or working space for employees, and where on-site staff are required intermittently only for maintenance and/or infrequent monitoring.

Solar Farm. A large-scale utility with capabilities of generating and distributing solar energy to multiple points of connections and users.

Wind Machines and Wind Farms. A large-scale utility with capabilities of generating and distributing wind energy to multiple points of connections and users.

V Definitions
Vacation Rentals: See “Lodging – Hotel and Motel.”
Vehicle and Freight Terminals. See “Freight and Truck Terminals.” Vehicle Charging Facilities. A location that supplies electricity for the recharging of electric vehicles (including plug-in hybrids).

Vehicle Repair and Services. The service and repair of motor vehicles in an enclosed building, including the repair or replacement of engines and transmissions, body and fender repair, and the installation of nonfactory-installed products.

Service/Fueling Station. An establishment engaged in the retail sale of vehicle fuels or the retail sale of these fuels in combination with activities, such as providing minor vehicle repair services; selling automotive oils, replacement parts, and accessories; and/or ancillary retail and grocery sales. Does not include body and fender work or "heavy" repair of trucks or other motor vehicles (see “Vehicle Service, Major”).

Vehicle Service, Major. Major repair of automobiles, motorcycles, recreational vehicles, or trucks including light-duty trucks (i.e., gross vehicle weights of less than 10,000 pounds) and heavy-duty trucks (i.e., gross vehicle weights of more than 10,000 pounds). Examples of uses include full-service motor vehicle repair garages; body and fender shops; brake shops; machine shops, painting shops; towing services, and transmission shops. Does not include vehicle dismantling or salvage and tire retreading or recapping.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
27 Vehicle Service, Minor. Minor repair of automobiles, motorcycles, recreational vehicles, or light trucks, vans or similar size vehicles (i.e., vehicles that have gross vehicle weights less than 10,000 pounds) including installation of electronic equipment (e.g., alarms, audio equipment, etc.); servicing of cooling and air conditioning, electrical, fuel and exhaust systems; brake adjustments, relining and repairs; oil and air filter replacement; wheel alignment and balancing; tire sales, service, and installation shops; shock absorber replacement; chassis lubrication; smog checks; engine tune-ups; and installation of window film, and similar accessory equipment.

Vehicle Washing/Detailing. Washing, waxing, detailing, or cleaning of automobiles or similar light vehicles, including self-serve washing facilities.

Vehicle Sales and Rental. A retail establishment selling and/or renting automobiles, trucks and vans, motorcycles, and bicycles (bicycle sales are also included under “Retail Sales - General”).

May also include repair shops and the sales of parts and accessories, incidental to vehicle dealerships. Does not mobile home, recreational vehicle, or watercraft sales (see “Vehicles - Trucks, Construction, and Heavy Equipment Sales, Service, and Rental”); tire recapping establishments (see “Vehicle Repair and Services”); businesses dealing exclusively in used parts; or “Service/Fueling Stations,” which are separately defined.

Vehicle Services. See “Vehicles – Trucks, Construction, and Heavy Equipment Sales, Service, and Rental.”
Vehicle Storage. See “Storage.”
Vehicles – Trucks, Construction, and Heavy Equipment Sales, Service, and Rental. Sales, servicing, rental, fueling, and washing of large trucks, trailers, tractors, and other heavy equipment used for construction, moving, agricultural, or landscape gardening activities, as well as boats, mobile homes, and recreational vehicle/campers. Examples include cranes, earth moving equipment, tractors, combines, heavy trucks, etc. Includes large vehicle operation training facilities. Sales of new or used automobiles are excluded from this classification (see “Vehicle Sales and Rental”).

Vending Machine. An automated mechanical device which ejects consumer products, including but not limited to snack food items, non-alcoholic beverages, electronic devices, and movies, and that accepts cash, debit, and/or credit.

W Definitions
Warehouse, Wholesaling, and Distribution. Indoor storage and sale of goods to other firms for resale, storage of goods for transfer to retail outlets of the same firm, or storage and sale of materials and supplies used in production or operation, including janitorial and restaurant supplies.

Wholesalers are primarily engaged in business-to-business sales but may sell to individual consumers through mail or internet orders. They normally operate from a warehouse or office having little or no display of merchandise and are not designed to solicit walk-in traffic.

17.04.050 Definitions
28 Wireless Communication Facilities. Wireless telecommunication facilities consist of commercial wireless communication systems, including but not limited to cellular, PCS, paging, broadband, data transfer, and any other type of technology that fosters wireless communication through the use of portable electronic devices. A facility includes all supporting structures and associated equipment. The following are definitions used in association with the regulation of wireless telecommunications facilities.

Major Facility. A commercial wireless facility, either ground mounted or roof mounted, whether or not the facility employs stealth design or shielding. Exception: a roof-mounted facility that is screened on all four sides by a solid material that does not exceed the maximum height of the applicable zoning district shall be deemed a “Minor Facility.” Minor Facility. A commercial wireless facility that is wall mounted, utility mounted, or roof mounted and the entire facility is either 1) designed to using a stealth approach to integrate the facility into the architectural design of the building on which it is located; 2) screened by solid material on four sides and does not exceed the maximum height of the applicable zoning district; or 3) co-located on an existing wireless communication facility tower.

Satellite Dish Antenna. A device incorporating a reflective surface that is solid, open mesh, or bar-configured and is in the shape of a shallow dish, cone, horn, or cornucopia, that is used to transmit and/or receive radio, microwave or other electromagnetic waves between terrestrially and/or orbitally based use.

Woodworking Shop. See “Furniture and Fixtures Manufacturing, Cabinet Shops, and Woodworking Shops.”
X Definitions
Y Definitions
Z Definitions

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
1 EXHIBIT A.2
Sections of DHS’s Title 17 – Zoning, specifically, Chapter 17.08 Residential Districts will need to have the following actions:

17.08.010 – Repeal and Replace

17.08.020 – Repeal and Replace

17.08.030 – Repeal and Replace

17.08.040 – Repeal

17.08.050 – Remove “are not closer than 10 feet to any other structure and”

17.08.060 – No Changes

17.08.070 – No Changes

17.08.080 – Remove “R-M, R-H, R-MH or R-VS” and Replace “R-M and R-H”

17.08.090 – No Changes

17.08.100 – No Changes

17.08.110 – Repeal

17.08.120 – No Changes

17.08.130 – No Changes

17.08.140 – Repeal

17.08.150 – No Changes

17.08.160 – No Changes

17.08.170 – No Changes

17.08.180 – No Changes

17.08.190 – No Changes

17.08.200 – No Changes

17.08.210 – No Changes

17.08.220 – Repeal

17.08.230 – No Changes

17.08.240 – No Changes

17.08.250 –Modify any reference to R-E, now R-RD zone

17.08.260 – No Changes

17.08.270 – No Changes

17.08.280 – No Changes

17.08.300 – No Changes

17.08.310 – No Changes

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
2 17.08 RESIDENTIAL DISTRICTS

17.08.010 Purpose.

A. The purpose of this Chapter is to create and preserve residential areas for a range of housing types and lifestyles, including an emphasis on preserving the spa/resort residential character within the areas of the City that overlie natural hot water aquifers.

These provisions establish use regulations and development standards which are intended to create the highest quality residential development, minimize land use conflicts, encourage the rehabilitation and maintenance of residential neighborhoods, and implement the goals of the City’s General Plan.

The provisions of this Chapter do not guarantee that the maximum General Plan density is achievable for all projects and properties. Development density is dependent on many factors including lot configuration, topography, unit size, development standards, neighborhood context, and other discretionary factors.

B. The specific purpose of each individual residential district is as follows:

1. R-RD (Residential Rural Desert). The district is intended to allow for low density, rural residential uses at a maximum density of one dwelling unit per five acres in a manner that will eliminate or minimize impacts on the natural landscape and will encourage conservation.

2. R-L (Residential Low). The district is intended to promote the development of lowdensity, single-family residential uses at a maximum density of six dwelling units per acre. Clustered development can occur and is encouraged where needed to respect onsite natural resource areas.

3. R-M (Residential Medium). The district is intended to promote the development of detached and attached residential uses at a maximum density of 20 dwelling units per acre. Small-lot subdivisions are permitted.

4. R-H (Residential High). The district is intended to provide multiple unit residential developments at a minimum density of 15.1 dwelling units per acre up to a maximum of 30 dwelling units per acre, with a variety of on-site amenities.

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

TABLE 17.08.01
PERMITTED USES – RESIDENTIAL DISTRICTS
USE

RESIDENTIAL DISTRICTS CODE

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

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

RESIDENTIAL DISTRICTS CODE

R-RD R-L R-M R-H SECTION
Schools, Private CUP CUP CUP CUP

RESIDENTIAL USES
Accessory Dwelling Unit P P 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
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
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

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

RESIDENTIAL DISTRICTS CODE

R-RD R-L R-M R-H SECTION
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
Elderly and Long-Term Care -- -- -- AUP 17.08.180
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

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

RESIDENTIAL DISTRICTS ADDITIONAL

REQUIREMENTS R-RD R-L R-M R-H

DENSITY/FAR
Maximum Density - Residential 1 du/5 ac 6 du/1 ac 20 du/1 ac 30 du/1 ac Minimum Density - Residential - - - 15.1 du/ac
Floor Area Ratio (FAR) – NonResidential- - - -

LOT DIMENSIONS, SIZE, AND COVERAGE
Minimum Lot Size (net)
Single Family
Multifamily
51 ac
--
9,000 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)
600 ft
-
30 ft
50 ft
30 ft
25 ft
45 ft
25 ft
25 ft
45 ft
25 ft
25 ft
Minimum Lot Depth 1,200 ft 75 ft 90 ft 90 ft
Maximum Lot Coverage 15% 40% 40% 50%

SETBACKS AND BUILDING SEPARATIONS
Minimum Front Yard Setback
From Public Right-of-way
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.

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.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
7 DEVELOPMENT STANDARD

RESIDENTIAL DISTRICTS ADDITIONAL

REQUIREMENTS R-RD R-L R-M R-H
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 Maximum Unit Size (Attached) - - - 2,000 sf
Building Height
Maximum Height
Detached Residential
Accessory Structures
Attached Residential
Non-Residential
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

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
8 17.08.140 Multifamily housing standards.

In addition to the general development standards set forth in section 17.08.030 (Land use district development—General standards), all multifamily housing shall be constructed as set forth in this section.

Also, the provisions of sections 17.08.270 through 17.08.270 through 17.08.290 shall apply.

A. All multifamily developments shall provide minimum common useable open space for passive and active recreational uses. Useable open space areas shall not include rights-of-way, vehicle parking areas, areas adjacent to or between any structures less than 15 feet apart, setbacks, patio or private yards, drainage basins, or slope areas greater than eight percent.

B. All multifamily developments shall provide recreational amenities within the site, which may include a swimming pool; spa; clubhouse; tot lot with play equipment; picnic shelter/barbecue area; court game facilities, such as tennis, basketball, or racquetball; improved softball or baseball fields; day care facilities; or indoor recreation/entertainment, such as a gym or theater. The type of amenities shall be approved by the Director and provided according to the schedule set forth below. The Planning Commission shall have the authority reduce the required common usable open space when, as determined by the Planning Commission, the applicant is providing a high-quality amenity of value greater than a single amenity.

Units Amenities
0—10 0
11—50 1
51—100 2
101—200 3
201—300 4
Add 1 amenity for each 100 additional
units or fraction thereof
C. Each dwelling unit shall have a private (walled) patio or balcony not less than as required by the development standards. These requirements may be reduced by the responsible review authority by 20% if the balance of the required space is included in usable common open space areas.

D. Off-street parking spaces for multifamily residential developments shall be located within 150 feet from the building in which the dwelling unit is located (front or rear door) for which the parking space is provided.

E. Driveway approaches within multiple-family developments of 10 or more units shall be delineated with interlocking pavers, rough-textured concrete, or stamped concrete and landscaped medians.

F. Common laundry facilities of sufficient number and accessibility consistent with the number of living units and the Uniform Building Code shall be provided.

G. Each dwelling unit shall be plumbed and wired for a washing machine and dryer within multi-family developments of 10 units or less.

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
9 H. Management and security plans shall be submitted for review and approval for multifamily developments with 10 or more dwelling units. These plans shall be comprehensive in scope and submitted prior to Occupancy. (Prior code § 159.04.030(2)(J))

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
10 17.08.270 Multifamily Site Planning.

A. Purpose and Intent. Because of their higher densities and shared amenities and services, multifamily and cluster housing tend to generate large parking courts and decreased private open space. Parking structures and open parking spaces can dominate the site and recreational open spaces may be relegated to leftover areas that may address setback requirements, but which are not related to the residences or the people who live there.

Residential developments surrounded by high walls, parking lots, and rows of carports along public streets are examples of practices to be used only in limited and special circumstances. Unbuffered perimeter parking and drives are discouraged providing a poor image of a project and often functioning as barriers between the project and the surrounding community. The regulations in this section are intended to help mitigate these effects and to provide a pleasant residential environment within the context of higher density development.

B. Applicability. These standards are mandatory and apply to all multifamily and clustered housing developments and shall be used in the review of a Major Development Permit application to determine compliance.

C. Site Planning Design Standards.

1. Building Articulation. Buildings shall be designed to create elevations that are varied and relatively seamless, blending the facade across multiple units located behind the facade. Long, unbroken facades and box-like forms shall be avoided. Building facades shall be broken up to give the appearance of a collection of smaller structures tied together through a unifying elevation. Building function and visual interest can be enhanced through the use of balconies, setbacks and projections to help articulate individual dwelling units or collections of units, and by the pattern and rhythm of windows and doors.

2. Clustering of Units. Clustered unit design must be developed in a manner that integrates automobile circulation, storage and access to each unit.

3. Phasing. If development phasing is proposed, each phase must be self-sustaining in terms of scale and amenities.

4. Limit on Units within a Building. Individual residential buildings shall have no more than 12 units, excepting low-income and senior housing, which may request discretionary approval of a greater number of units.

5. Project Entries. Entries into multifamily developments shall provide residents and visitors with a broad view into the project. They shall be designed as specially treated areas that may provide an open window with landscaping, recreational facilities, and project directories. Special attention shall be given to hardscape and landscape treatment at entries to enhance the overall project image.

6. Entry Drives. Entry drives shall serve as principal vehicular accesses into multifamily developments rather than a parking drive. Colored, textured paving treatment at entry drives shall be provided to clearly identify the drive; however, stamped concrete is not permitted within public

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
11 street rights-of-way. Drives shall be located a sufficient distance from intersections to minimize conflicting traffic patterns and to assure adequate lines-of-sight distances.

D. On-Site Parking Approach.

1. On-site parking shall be provided either in groups of covered or uncovered parking areas or in garages for individual units. Large, expansive parking areas shall not be permitted.

2. Perimeter parking drives shall not be allowed unless the shape or width of the property, in the opinion of the Director, prohibits an alternative configuration.

3. Parking areas shall be visible from the residential units which use them unless the shape or width of the property, in the opinion of the Director, prohibits an alternative arrangement.

4. There shall be no more than an average of 10 spaces of uninterrupted parking, whether in garages, carports, or open parking areas.

5. Each average of 10 spaces of parking shall be separated from additional spaces by a substantial landscaped bulb typically not less than 10 feet wide.

E. Parking Courts.

1. A parking court of any length shall not consist of more than two double-loaded parking aisles (bays) adjacent to each other.

2. The length of a parking court shall not exceed 14 stalls.

3. Parking courts shall be separated from each other by dwelling units or by a substantial landscape buffer.

F. Garages.

1. Individual parking garages within residential structures shall be enclosed behind garage doors.

2. In new construction, garages with parking aprons less those 20 feet in length shall have automatic garage door openers and/or sectional roll-up doors.

G. Carports. Where carports are utilized, they shall follow the same criteria for spatial arrangement as parking courts (subsection E above). Carports may be incorporated with patio walls or used to define public and private open space; incorporating carports into exterior project walls adjacent to streets shall not be allowed. The ends of each cluster of carports shall be landscaped.

H. Pedestrian Access from Parking. Pedestrian access from parking areas to building entrances and sidewalks shall be clearly delineated by textured or colored pavement, pavement markings, or landscaping, or a combination of such.

I. Open Space Areas and Recreational Amenities.

1. Residents shall have safe and efficient access to usable open space and amenities—whether public or private—for recreation and social activities. The design and orientation of required open space

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
12 areas shall take advantage of available sunlight and shall be sheltered from the noise and traffic of adjacent streets or other incompatible uses.

2. Required common open spaces shall be conveniently located for the majority of units. Private open spaces shall be contiguous to the units they serve and screened from public view. Children’s play areas, where provided, shall be visible from the units.

3. Clubhouses and Similar Indoor Amenities. In addition to, or as substitution for, required open space areas, indoor clubhouses and similar amenities may be provided to meet the recreational and social of residents of the development. The review of such amenities shall occur through the Major Development Permit process, with the responsible review authority having discretion to allow for the substitution of the indoor amenities for required common and/or private open space areas. In making the determination to allow substitution, the responsible review authority shall consider, among other factors, the quality of the indoor amenity and the population being served.

J. Landscape Areas.

1. Landscape treatments and enhancements shall implement goals and policies of the General Plan by maximizing the use of native desert and climate-appropriate landscape materials. Landscape plans shall address wind and water erosion issues and demonstrate the water efficiency gained from plant and irrigation system selection. All areas not covered by structures, drives, parking or hardscape shall be appropriately landscaped. Landscape plans are subject to the approval of the Director.

2. As a design element, landscaping shall be used to frame, soften, and enhance the quality of environment; provide buffer units from noise or undesirable views; break up large expanses of parking; and separate frontage roads within a project from public streets. To accomplish these design objectives, landscape elements need vertical dimension. Mexican and desert fan palms, thorn-less mesquite, Mondale pines, silk oak, etc. and tall shrubs are appropriate in addition to grass and groundcover. Trees can be used to provide shading and climatic cooling of nearby units.

K. Refuse Storage/Disposal.

1. Refuse storage, transfer, and disposal facilities shall be enclosed within minimum six-foot-high concrete block containments designed in accordance with the requirements of the City standards and those minimal requirements of the disposal service purveyor.

2. In terms of location and design and treatment, enclosures shall be architecturally related to other structures on the site and softened with landscaping to make the enclosures an integral part of the overall design.

3. Preferred locations include inside parking areas or at the end of parking bays. Locations shall be conveniently accessible for trash collection and maintenance and shall not block access drives during loading operations.

4. Recycling facilities shall be incorporated into refuse storage/disposal areas for all new development projects and all new construction in existing projects.

L. Auxiliary Facilities. Support structures within multifamily residential projects, such as laundry facilities, health spa and recreation buildings, pool cabanas and sales/lease offices, shall be consistent

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
13 in architectural design and form with the rest of the complex. Temporary sales offices shall also conform to these standards.

M. Mailboxes. Where common mailbox services are provided, they shall be located as close to the project entry as is practical, giving careful consideration to staking at entries and on interior drives. Locating mailboxes near recreational or other common use facilities will enhance resident interaction and the community function of the development. Design and architectural character shall be compatible in form, materials, and colors to the surrounding buildings. Minimal mailbox design specifications and locations must be approved by the U.S. Postal Service.

N. Site Grading.

1. Pursuant to section 17.64.030 (Pre-application conference) of this Title, pre-application planning conferences/consultations shall be held between developer and City Planning staff prior to the preparation of development and grading plans. Planning development and grading strategies shall reflect the City’s desire to minimize site disturbances and to enhance open space in all development.

2. In areas with slope, development planning shall follow site contours to the greatest extent practical.

Site grading shall also recognize existing drainage patterns and landforms while providing appropriate transition of architectural elements to grade. Site grading shall also provide for an uninterrupted flow of vehicular and pedestrian traffic through the development.

3. The grading plan shall direct and provide adequate flow of surface runoff to catch basins while consistently contouring the land to blend functionally and aesthetically with conditions at the boundaries of the site.

4. Drainage within developments shall be collected in curb gutters and conveyed to integrated on-site detention facilities and/or off-site facilities.

O. Security. All development design must integrate “defensible space” concepts into the overall plan.

Projects shall be designed to optimize security for residents and visitors, while focusing on the creation of an enjoyable residential environment. Parking areas shall be well lighted and located so as to be visible from residential units. Landscaping shall be planned and maintained to provide views into open space areas
P. Lighting Fixtures/Intensity.

1. Garage- and carport-mounted lighting shall be consistent with the architectural style and proportions of the structures.

2. The use of flood security lighting shall be functionally directed and screened or shielded to avoid spilling onto adjoining properties and streets.

3. In all instances, lighting levels shall be kept to that minimum necessary to illuminate paths and walkways while providing their security function.

4. Plans shall comply with any night-sky preservation ordinance adopted by the City. (Prior code § 159.04.050(5))

CITY OF DESERT HOT SPRINGS
TITLE 17 – ZONING REGULATIONS
14 17.08.280 Multifamily Architecture.

A. Architecture Generally. No particular architectural style is required for residential structures.

However, the City will judge all residential development plans on their architectural merits.

Multifamily residential development designed with a southwestern, mission, or Mediterranean style will best respond to the goals and policies of the General Plan, and to the varying temperatures and outdoor living opportunities of the high desert. The focus shall be on the creation of a quality, selfcontained residential community. Designers and architects shall consider compatibility with neighborhood character of surrounding properties, including similar building style, form, size, color, material, and roofline.

B. Design Approaches. The following design approaches shall be incorporated:

1. Varying front setbacks within same structure and between different buildings and the street.

2. Use of staggered and jogged unit planes to distinguish units.

3. Use of reverse building plans to add variety.

4. Limit the development of adjacent units with identical wall and rooflines.

5. Varying of orientations to avoid the monotony of garage door corridors.

C. Facade and Roof Articulation.

1. Facades and the massing of structures shall provide variety, proportion, and interest. Long uninterrupted exterior walls shall be avoided on all structures. Appropriate textures, a variety of spatial relief, and design accents on building walls shall be used to enhance the integration of the building into the neighborhood. Long structures, if they are appropriately articulated, may be acceptable; however, structures (including garages and carports) exceeding 150 feet in length shall not be permitted.

2. Roof design must be an integral part of building architecture. Roof articulation may be achieved by changes in plane of no less than two feet six inches and/or the use of traditional roof forms such as gables, hips, and dormers.

3. Roofline articulation shall be incorporated into the use of sloped roofs.

4. Parapets and cornices on flat roofs shall be finished with architectural moldings that are appropriate to the building architecture in terms of style and proportion.

5. Secondary hipped or gabled roofs covering the entire mass of a building are preferable to mansard roofs or segments of pitched roof applied at the structure’s edge.

6. The use of flat roofs and A-frame type roofs must be appropriate to the overall architectural style being promoted.

D. Increased Setbacks. To achieve higher densities and provide adequate parking and open space amenities, multifamily projects are typically multi-story, and their bulk has the potential to dominate surrounding uses. The scale of such projects must be considered within the context of their surroundings. Where a multifamily structure abuts a property zoned for single-family residential use

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

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))

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))

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

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.

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 --

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