Desert Hot Springs City Council
February 1, 2022

SR-22-018
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: February 1, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Second Reading and Adoption of an Ordinance Amending Chapter 17.240 "Rancho Descanso, AMD. No. 1" to Title 17 "Zoning" of the Desert Hot Springs Municipal Code to Amend Zoning Standards for the Rancho Descanso, AMD. No. 1 Area (Formerly Called Aventura Palms II) RECOMMENDATION:

Approve Second Reading, read by title only and adopt: "An Ordinance of the City Council of the City of Desert Hot Springs, California, Amending Chapter 17.240 "Rancho Descanso, AMD. No. 1" to Title 17 "Zoning" of the Desert Hot Springs Municipal Code to Amend Zoning Standards for the Rancho Descanso, AMD. No. 1 Area (Formerly Called Aventura Palms II)." BACKGROUND:

The Ordinance (Exhibit 2) was introduced and approved for first reading by the City Council on January 18, 2022.

The Ordinance shall take effect thirty (30) days after its second reading.

FISCAL IMPACT:

None.

ATTACHMENTS:

Exhibit 1 - Staff Report from January 18, 2022
Exhibit 2 - Ordinance

SR-22-013
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: January 18, 2022
Department: Community Development
Prepared by: Patricia Villagomez, Assistant Planner
Subject: GHA Enterprises, Inc. Rancho Descanso Specific Plan Amendment (SP-21- 3), Development Permit (DP 21-18), and Tentative Tract Map No. 38200 (TM 21-5): An Application to Amend and Develop 76 New Single-Family Homes Within the Aventura Palms II Specific Plan
RECOMMENDATION:
1) Staff Report
2) Entertain questions of Staff from the City Council;
3) Open Public Hearing;
4) Take testimony from Applicant;
5) Take public testimony for those in favor;
6) Take public testimony from those opposed;
7) Take public testimony from those in a neutral position; 8) Opportunity for Applicant rebuttal;
9) Close the Public Hearing
10) City Council discussion and questions to Staff; and 11) Adopt “A Resolution of the City of Desert Hot Springs, California, 1) Adopt the Mitigated Negative Declaration; 2) Approve Rancho Descanso Specific Plan Amendment No. SP 21-3, Amending The Aventura Palms II Specific Plan in the City; 3) Approve a Development Permit No. 21-18; 4) Approve Tentative Tract Map No. 38200 and; 5) Adopt an Ordinance Adding Chapter 17.240." BACKGROUND:

The original applicant Seastar Communities, in 2005 filed an application for a General Plan Amendment (GPA No. 03-05), a Zoning Map Amendment (ZMA No. 08-05), a Tentative Tract Map (TTM No. 31744), and a Specific Plan (SP No. 02-05) to redesignate the project’s site General Plan and Zoning Map land use designations from Residential Low Density (R-L 0-5 dwelling units per acre) to Residential Medium Density/Specific Plan (R-M/SP, 0-8 dwelling units per acre with a Specific Plan overlay). The development standards and guidelines were proposed for a private age-restricted (55 and older) community of up to 115 single family residential lots plus 16 lettered lots for roadways, landscaping, common areas, and storm water retention.

On December 12, 2006, the Planning Commission recommended to the City Council for approval. On March 20, 2007, the City Council approved the Aventura Palms II Specific Plan.

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DISCUSSION:

On August 25, 2021, the applicant GHA Rancho Descanso, LLC submitted a Specific Plan Amendment (SP 21-3), Development Permit (DP 21-18), and a Tentative Tract Map (TM 21-5). The proposed project is an amendment to the Aventura Palms II Specific Plan. The proposed project will now be known as Rancho Descanso Specific Plan. The Rancho Descanso Specific Plan is a 17.83-acre development that will be a non-age restricted single-family residential subdivision with 76 residential lots ranging from a minimum of 6,600 square feet to a maximum of 9,913 square feet with the average lot size of 7,210 square feet, including a .25-acre common open space park and a .55-acre dual use on-site retention basin.

On December 14, 2021, the Planning Commission recommended to the City Council for approval of the Specific Plan Amendment No. 21-3, Development Permit No. 21-18, Tentative Tract Map No. 21- 5, and an Ordinance adding Chapter 17.240.

SETTING
The Zoning, General Plan Land-Use designations, and current land uses for surrounding properties are as follows:

Table 1: Surrounding Land Uses

Zoning & General Plan
Designations Current Land-Use
North Residential Medium Density
(R-M)
Vista Montana
Mobile Home Park
West Mixed-Use Corridor
(MU-C) Vacant Land
South Residential Low Density
(R-L) Single-Family Homes
East Unincorporated Riverside County Single-Family Homes

SPECIFIC PLAN DEVELOPMENT STANDARDS
The proposed development will be a residential private, gated community of 76 single family lots for individual detached structures on 17.83 acres. Staff has provided an analysis of the elements of the project with the development standards of the approved Specific Plan, below in Table 2.

Table 2: Aventura Palms II VS. Rancho Descanso
Standard Aventura Palms II Rancho Descanso
Total Lots 115 76
Age Restriction 55 and older All Ages
Minimum Lot Size 3,500 sq. ft. 6,600 sq. ft.

Maximum Lot Size 7,449 sq. ft. 9,913 sq. ft.

Average Lot Size 4,078 sq. ft. 7,332 sq. ft.

Minimum Dwelling Size 1,200 sq. ft. 1,747 sq. ft.

Maximum Dwelling Size 1,200 sq. ft. 2,258 sq. ft.

Enclosed Garage 2 Car - 400 sq. ft. 2 Car – 400 sq. ft.

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Standard Aventura Palms II Rancho Descanso
3 Car – 719 sq. ft.

Minimum Lot Width Primarily 50 ft. To be
measured from the building
setback line, except for
unusual lot configurations
Primarily 60 ft. To be
measured from the building
setback line, except for corner
and end lots.

Minimum Lot Depth Primarily 70 ft., with exception
of unusual lot configurations.

Primarily 110 ft., with exception
of unusual lot configurations.

Front Yard Setback 15 ft from Living Area
20 ft. from Garage
20 ft. behind back of curb
Side Yard Setback Interior 5ft.

Corner 10 ft.

Interior 5 ft.

Corner 10 ft.

Rear Yard Setback 10 ft. 10 ft.

Distance Between Structures 10 ft. 10 ft.

Building Lot Coverage 50% 50%
Number of Stories 2 1
Maximum Building Height 25 ft. (Architectural such as
chimneys, etc. not to exceed
30 ft.
25 ft. (Architectural such as
chimneys, etc. not to exceed
25 ft.

ARCHITECTURAL
The proposed 76 homes have a desert contemporary Mediterranean design utilizing stucco exterior finishes with an accent trim, clay roof tiles (s-type), and hip and gable roofing. The general color scheme will range from off-white to medium earth tones. The contrasting darker accents and pops of color to compliment the desert environment and blend in with surrounding homes. The floor plans for all the homes feature open-flow common spaces, including a great room, dinning areas, and gathering spaces with optional fireplaces. The front entries are covered and recessed for protection from elements. A gated courtyard entry is optional. Models are staggered so that specific models are not repeated on adjacent lots to vary the architecture along the street frontages. Each model also has a reversed plan and options for two or three car garages and optional gated courtyards.

Staff has provided a table outlining each proposed model, the allocation of interior floor space and the architectural elements/exterior finishes, which can be found below in Table 3. Each house will provide for off-street covered parking within an enclosed garage.

Table 3: Architectural Plans/ Model Analysis
Architecture Design
Plan(s)/Models Square Feet Architecture
Plan
1A,1B
Four (4) Bedroom
Optional Den
2 car garage
Total 1747 sq. ft.

Stucco finish w/ accent trim
Pitched concrete tile roof
Hip & Gable Roof
Optional gated courtyards
Plan
2A, 2X
Four (4) Bedroom
Optional Den
Optional 3 car garage
Stucco finish w/ accent trim
Pitched concrete tile roof
Hip & Gable Roof

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Total 1965 sq. ft. Optional gated courtyards
Plan
2Y
Five (5) Bedroom
Optional Den
2 car garage
Total 2180 sq. ft.

Stucco finish w/ accent trim
Pitched concrete tile roof
Hip & Gable Roof
Optional gated courtyards
Plan
3 Five (5) Bedroom
Optional Den
2 car garage
Total 2258 sq. ft.

Stucco finish w/ accent trim
Pitched concrete tile roof
Hip & Gable Roof
Optional gated courtyards
Plan
3X
Five (5) Bedroom
Optional Den
Optional 3 car garage
Total 2097 sq. ft.

Stucco finish w/ accent trim
Pitched concrete tile roof
Stone veneer accents
Optional gated courtyards

LANDSCAPE
Landscaping plants, materials and irrigation systems will be installed by the project developer and maintained in accordance with the project’s master landscape plan guidelines or any other changes that may be periodically approved by the homeowners; association as established for all common areas with approved landscape plans. Consistent with the emphasis placed by the City on water conservation, the plant species selected for this project are desert hardy with irrigation systems that comply with the City-adopted recommendations of the Mission Springs Water District (MSWD). Table 4 below will provide a breakdown of some of the proposed landscape:

Table 4: Landscape Plan
Biological Name Common Name Size
Acacci Smallii Sweet Acacia 24’’ Box
Acacia Willardiana Palo Blanco 24’’ Box
Cercium Praecox Sonoran Palo Verde 24’’ Box
Bougainvillea SP. Barbara Pride 5 Gallon
Cassia Nemophila Green Cassia 5 Gallon
Lantana SP. Trailing Purple 5 Gallon
Agavi Americana Century Plant 15 Gallon
Hesperalo Paviflora Red Yucca 15 Gallon
Nolina Nelsonii Blue Nolina 15 Gallon
The desert landscape will be lush and colorful while being water efficient. The established natives and desert-adapted plants need much less water than tropical or subtropical shrubs and trees, shallowrooted annuals, non-native perennials, ground covers and especially lawns.

Wall/Fencing Plan
The maximum height of the project’s perimeter walls will be six (6) feet, with seven (7) foot high pilasters spaced intermittently along the north and east street frontages. Limited additional wall heights provide for retention of adjoining slopes to the west and south. The walls within the front and side yard setbacks shall not exceed four (4) feet in height. The boundary walls along the two public street bounding the project shall be a decorative block, a sack finish, and pilasters. The project will also include tubular steel fencing along portions of the stormwater retention basin.

SR-22-013
The perimeter sidewalks along the Camino Campesino and Avenida Descanso frontage will be built adjacent to the curb and will be five (5) feet wide and occur within a ten (10) foot parkway. Along the frontage of the planned stormwater retention basin a block wall and tubular steel fence will be constructed. The parkway of these streets will be enhanced with desert trees, shrubs, groundcovers and boulder materials behind the sidewalk. The project entry will set the tone as an upscale residential community featuring desertscape plantings. A decorative wrought iron vehicle entry and pedestrian gate will transition into the project. All gates will be equipped with a Knox box for emergency access for public safety. The wall plan for the individual homes will be a tan precision block of a max height of 6 feet to match the perimeter walls.

LIGHTING
The lighting shall be limited to the minimum height, number and intensity of the fixtures needed to provide security and identification, taking every reasonable measure to preserve the community’s night skies, including restricting ambient lighting to the subject site. The exterior lighting for the Rancho Descanso project will implement the City’s dark sky protective Ordinance, which specifies the maximum light pole heights, light emission intensities, and light fixture types designed to provide security and to minimize ambient light illuminating to adjacent properties.

PHASING PLAN
The construction phasing plan has been designed to minimize construction traffic conflicts with sales traffic to the model homes parking area utilizing Lot 6 as a temporary parking lot, and for newly occupied homes. The opening of the model homes will occur first in the project and after partial street widening improvements and striping for Camino Campesino. The project’s internal roads, the posting of off-site traffic control signs for the Avenida Descanso/Camino Campesino intersection, construction of the six (6) foot high perimeter site decorative block walls, decorative gate, and installation of perimeter street and gated entry landscaping will continue following the grand opening of the sales office and model homes. The model homes will be on Lots 5 – 8 while lot 6 will be a temporary parking lot. A breakdown of the proposed phasing plan is shown below in Table 5.

Table 5: Phasing Plan
Phase Lot Numbers Total per Phase Cumulative Total
1 & Model Homes Lot Nos. 5-8, 1-3, 55 &
56 (Lot 6 – Temp
Parking)
8 8
2 Lot Nos. 57-60 & 73-
76 8 16
3 Lot Nos. 66-72 7 23
4 Lot Nos. 10-13, 36-37,
& 52-53
8 31
5 Lot Nos. 38-41, & 48-
51 8 39
6 Lot Nos. 42-47, & 64-
65 8 47
7 Lot Nos. 14-19, & 34-
35 8 55
8 Lot Nos. 20-23, & 30-
33 8 63

SR-22-013
Phase Lot Numbers Total per Phase Cumulative Total
9 Lot Nos. 4, 6, 9, 24-29,
54, & 61-63
13 76

CIRCULATION
The gated community of Rancho Descanso will be composed of internal streets providing 18-foot travel lanes in each direction and concrete curb and gutter. The development will also provide sidewalks along the west side of Avenida Del Cielo between the entry gates on Camino Campesino and along the east side of Avenida De Solidad.

The future Camino Campesino will serve as the sole direct public access street serving this tract and will be developed along the street’s south half. The project entry will be designed as a decorative transition from the public street into the private, gated community.

NOTICING REQUIREMENT
The project was noticed to neighboring owners within a 300-foot radius of the project site on January 6th, 2022 and was advertised in the Desert Star Weekly on January 7th, 2022 per state noticing requirements. No public comments have been received as of this writing.

FISCAL IMPACT:

The applicant has paid all application fees related to the Specific Plan Amendment, Development Permit, and Tentative Tract Map for entitlements. Additionally, the proposed development will be subject to all Building Permit fees and property taxes.

ENVIRONMENTAL ANALYSIS:

An Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared for the development of the Rancho Descanso Specific Plan Amendment (No. 1 to the Aventura Palms II Specific Plan), Tentative Tract Map, and Development Permit.

The document conforms to the requirements of the California Environmental Quality Act (CEQA), Public Resources Code Section 2100 et. seq. In accordance with the provisions of the “CEQA”, an Initial Study has been prepared and which as determined that development of the proposed project would not have a significant impact on the environment, with the implementation of mitigation measures. A draft Mitigated Negative Declaration (MND) is proposed and contains certain measures for Cultural Resources and Biological resources. The draft Mitigated Negative Declaration was circulated for comments (October 19th, 2021 and ended on November 18th, 2021) State Clearing House No. 2021100365. No Comments have been received up to the time of this report was prepared.

OPTIONAL:

SPECIFIC PLAN APPROVAL FINDINGS
Under Section 17.128.070 of the Desert Hot Springs Municipal Code, a Specific Plan may only be adopted only if all of the following findings are made:

1.The proposed plan is consistent with the General Plan;

SR-22-013
The proposed Specific Plan Amendment is consistent with the General Plan as it proposes single family residential development of a unit density of 5 units per acre, as allowed by the site’s Residential Low Density General Plan land use designation. The project contributes to the General Plan’s stated residential goal of preserving and enhancing the predominantly low-density residential character of the City and contributes to the goal of providing a variety of housing types. Staff has identified no inconsistencies between the proposed Specific Plan and the General Plan. Staff recommends this finding.

2.The proposed plan would not be detrimental to the public interest, health, safety, convenience, or welfare of the City;
The proposed Specific Plan Amendment provides for development of housing development, including provisions for public and private improvements to address vehicular circulation, including emergency services, as well as drainage, air quality and other environmental factors. The proposed Specific Plan Amendment implements General Plan economic goals through the establishment of policies and regulations supporting housing development. Staff has concluded that the proposal would not be detrimental to the public interest, health, safety, convenience or welfare of the City. Staff recommends this finding.

3.The subject property is physically suitable for the requested land use designation(s) and the anticipated land use development(s);
The proposed Specific Plan Amendment on a vacant 17.83-acre site is to establish and support the development of single-family dwellings. The site is generally flat and rectangularly-shaped to allow for development according to the Specific Plan’s standards and guidelines. Public streets fronting the property boundaries of the site provide adequate access, and no physical constraints to the proposed development have been identified. Staff believes the subject parcel is physically suitable for the requested land use designation and anticipated development. Staff recommends this finding.

4.The proposed plan shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood; The proposed Specific Plan Amendment will ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood as it proposes single family detached residences, which is consistent with existing development around the vicinity and proposed development in the vicinity. Staff recommends this finding.

5.The proposed plan will contribute to a balance of land uses so that local residents may work and shop in the community in which they live.

The proposed Specific Plan Amendment will convert 17.83 acres of residential land to allow for a residential development. The Specific Plan Amendment will create housing opportunities for the Desert Hot Springs community. Staff believes that the proposed Specific Plan Amendment will contribute to a balance of land uses, within which local residents may both work and shop. Staff recommends this finding.

DEVELOPMENT PERMIT FINDINGS

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Under Section 17.92.060 of the Desert Hot Springs Municipal Code, the Development Permit may only be approved only if all of the following findings are made:

1.The proposed use is permitted within the subject land use district and complies with all of the applicable provisions of this Zoning Ordinance, including prescribed development standards and design guidelines;
The proposed single-family residential development which is specifically labeled as a “Permitted Use” within the table of permitted uses (Table 17.08.01, Desert Hot Springs Zoning Code) for properties with R-L Zoning designation. The proposed development of the site and the project is consistent with the development standards and design guidelines, in reference to density, setbacks, height, open space, and architecture. Staff recommends this finding.

2.The Project Site is physically suitable for the type and intensity of the land use being proposed.

The proposed Specific Plan Amendment for the development of a 17.83 acres site is for a residential development that is consistent with the Zoning and General Plan land-use designations and is consistent with other development in the vicinity. The allowable building coverage is 50% for the SP/RL zoning district. The project’s building footprint only proposes to cover approximately 47% of the site.

Therefore, the project is of less intensity that what is allowed in the SP Development Standards. Staff recommends this finding.

3.The proposed development would be compatible with existing and future developments within the land use district and general area.

A Single-Family Dwelling is specifically allowed as a “P” (Use is Permitted by Right) within the R-L zone. The proposed development site is located in a partially developed area of the City and surrounding county lands. Development to the north, south and east is comprised of single-family homes with about 80% of lots developed with homes. Lands to the immediate west and extending to Palm Drive are vacant. Staff recommends this finding.

4.There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use is not detrimental to public health and safety.

The subject site is proposed to be developed with 76 single-family units and includes all public services and utilities installed and available. The proposed single-family residential development will not create an extraordinary demand for water, sanitation or other public utilities and services that would result in any detriment to public health and safety. Staff recommends this finding.

5.There are adequate public access and roadway capacity to serve the subject proposal.

The City has added a condition that the applicant/developer shall be required to construct full street improvements. The improvements shall include construction of asphalt concrete pavement, curb/gutter, sidewalk, streetlights, catch basins, storm drains, and fully landscaped and irrigated along the property frontage. The completion of the installation will be required prior to the development getting occupancy.

This will help mitigate the addition traffic, and to improve safety for its patrons (vehicular, bicycle, and pedestrian traffic) when entering and exiting the site. The developer will also be required to make street improvements, cur/gutter/sidewalks, streetlights, ADA ramps, ADA paths of travel, etc. to help improve safety on and off-site. Staff recommends this finding.

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6.There are no significant harmful effects upon environmental quality and natural resources.

Based on the Mitigated Negative Declaration, the project will not have any significant impacts that cannot be conditioned or mitigated prior to construction, during construction, and/or prior to the business becoming operational and as a part of the attached conditions of approval and the mitigation measures outlined in the draft initial study and mitigated negative declaration for the project. All impacts have been mitigated or will be mitigated at the appropriate times during construction and/or prior to completion of the project. Staff recommends this finding.

7.Any negative impacts of the proposed use can and shall be mitigated; Based on the Mitigated Negative Declaration, the project will not have any significant impacts that cannot be conditioned or mitigated prior to construction, during construction, and/or prior to the business becoming operational and as a part of the attached conditions of approval and the mitigation measures outlined in the draft initial study and mitigated negative declaration for the project. All impacts have been mitigated or will be mitigated at the appropriate times during construction and/or prior to completion of the project. Staff recommends this finding.

8.That the proposed use is consistent with the General Plan; The proposed project is located within the SP/R-L land use designation which is currently vacant and surround by single-family development. The proposed development of single-family units is consistent with the City’s General Plan. There are no inconsistencies between the proposed project and the City’s General Plan Goals & Polices. The proposed project will also be subject to the implementation of Conditions of Approval and will be required to comply the mitigation measures outline in the Mitigated Negative Declaration. Staff recommends this finding.

9.That the proposed site, size, design, and operational characteristics of the planned use are not detrimental to the public interest, health, safety, convenience, or welfare of the City; The location, size and design of the proposed single-family residential development are comparable to other developments in the area. The developer will also be required to make street improvements, add bicycle lanes, cur/gutter/sidewalks, streetlights, ADA ramps, ADA paths of travel, etc. to help improve safety on and off-site. The Project will not have any significant impacts that cannot be conditioned or mitigated prior to construction, during construction, and/or prior to final occupancy and as a part of the attached conditions of approval and the mitigation measures outlined in the draft initial study and mitigated negative declaration for the project. All impacts have been mitigated or will be mitigated at the appropriate times during construction and/or prior to completion of the project. The proposed multifamily residential development will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Staff recommends this finding.

ATTACHMENTS:

Exhibit 1 - Draft Conditions of Approval
Exhibit 2 - Draft Specific Plan Amendment
Exhibit 3 - Rancho Descanso Booklet
Exhibit 4 - Tentative Tract Map 38200
Exhibit 5 - Resolution
Exhibit 6 - Ordinance

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Exhibit 7 - Draft Mitigated Negative Declaration
Exhibit 8 - Consolidated Appendices
Exhibit 9 - Noise Impact Analysis
Exhibit 10 - Original Aventura Palms II Specific Plan

ORDINANCE NO. ___

AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF DESERT

HOT SPRINGS AMENDING CHAPTER

17.240 “RANCHO DESCANSO, AMD.

NO. 1” TO TITLE 17 “ZONING” OF

THE DESERT HOT SPRINGS

MUNICIPAL CODE TO AMEND

ZONING STANDARDS FOR THE
RANCHO DESCANSO, AMD. NO. 1

AREA (FORMERLY CALLED

AVENTURA PALMS II)
WHEREAS, the City of Desert Hot Springs (“City”) is
a charter city organized pursuant to Article XI of the
California Constitution; and
WHEREAS, an applicant (“Applicant”) to the City of
Desert Hot Springs, California (the “City”), is requesting that the City approve 1) an amendment to a specific plan; 2) a development permit; 3) a tentative tract map; and 4) an ordinance adding chapter 17.240; and
WHEREAS, the City, acting as Lead Agency, has
reviewed a draft Initial Study and Mitigated Negative
Declaration (the “Mitigated Negative Declaration”); and WHEREAS, in the Resolution approving the
Amendment to the Rancho Descanso, Amd. No. 1, the City
Council as the lead agency certified the Mitigated Negative Declaration (“Resolution”); and
WHEREAS, on December 14, 2021, and following a
duly noticed public hearing, the City’s Planning Commission reviewed a staff report, environmental documentation, draft findings and public testimony, and based thereon, adopted a recommendation to the City Council to approve the Project, including this Ordinance; and
WHEREAS, the City Council finds that this Ordinance
is consistent with the General Plan and the Rancho
Descanso, Amd. No. 1; and
WHEREAS, on January 18th 2022, and following a
duly noticed public hearing on this Project and having

reviewed and considered all testimony and materials made available to the City, including but not limited all
environmental documents and reports, the staff reports, and all the testimony and evidence in the record of the
proceedings with respect to the proposed Project, the City Council adopted this Ordinance.

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

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

Section 2. CHPATER 17.240 “RANCHO
DESCANSO, AMD. NO. 1” OF

THE DESERT HOT SPRINGS

MUNICIPAL CODE
Chapter 17.240 (“Rancho Descanso, Amd. No. 1”) of
Title 17 (“Zoning”) shall be amended to read as follows:

Chapter 17.240 RANCHO DESCANSO, AMD. NO. 1

AMENDMENT

17.240.010 Rancho Descanso, Amd. No. 1
Amendment.

Pursuant to City Council action, the Rancho
Descanso, Amd. No. 1 is on file with the City’s
Community Development Department.

Section 3. ENVIRONMENTAL FINDINGS.

Pursuant to the provisions of the California
Environmental Quality Act (CEQA) and the findings in the Mitigated Negative Declaration, the City Council finds that it has considered all of the evidence submitted into the
administrative record for the proposed Project and in
accordance with California Code of Regulations § 15070, bases its approval on the following findings:
(b) The initial study identifies potentially significant effects, but:

(1) Revisions in the project plans or proposals
made by or agreed to by the applicant before a
proposed mitigated negative declaration and initial
study are released for public review would avoid the
effects or mitigate the effects to a point where clearly no significant effects would occur, and
(2) There is no substantial evidence, in light of
the whole record before the City, that the project as
revised may have a significant effect on the
environment.

Section 4. 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 5. GENERAL PLAN

CONSISTENCY FINDINGS
The City Council finds this amendment is consistent
and compatible with the General Plan.

Section 6. GENERAL FINDINGS
The City Council finds this Ordinance is not
detrimental to the public interest, health, safety,
convenience, or welfare of the City.

Section 7. REPEAL OF CONFLICTING

PROVISIONS
That all the provisions of the Municipal Code,
including Title 6 of the County Code, as adopted by the City, as heretofore adopted by the City of Desert Hot Springs that are in conflict with the provisions of this ordinance are hereby repealed.

Section 8. 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 9. EFFECTIVE DATE
That this ordinance shall be effective thirty days after the second reading of the ordinance.

Section 10. CERTIFICATION
That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published
according to law.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT
BLANK]

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

Ayes:

Noes:

Abstain:

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

SR-22-022
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: February 1, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Second Reading and Adoption of An Ordinance 1) GPA No. 21-2 Amending the General Plan Designation on Six (6) Properties Within the City; 2) ZC No. 21-1 Changing the Zoning Designation on Six (6) Properties Within the City; 3) GPA No. 21-2 Amending Certain Sections of Chapter 17.16 "Industrial Districts" for Future Industrial Development, and 4) Adopting a GPU EIR Addendum
RECOMMENDATION:

Approve Second Reading, read by title only and adopt: "An Ordinance of the City Council of the City of Desert Hot Springs, California, 1) GPA No. 21-2 Amending the General Plan Designation on Six (6) Properties Within the City; 2) ZC No. 21-1 Changing the Zoning Designation on Six (6) Properties Within the City; 3) GPA No. 21-2 Amending Certain Sections of Chapter 17.16 "Industrial Districts" for Future Industrial Development, and 4) Adopting a GPU EIR Addendum." BACKGROUND:

The Ordinance (Exhibit 2) was introduced and approved for first reading by the City Council on January 18, 2022. During the first reading, the City Council amended the Ordinance to reflect a maximum structure height of 120 feet.

The Ordinance shall take effect thirty (30) days after its second reading.

FISCAL IMPACT:

None
ENVIRONMENTAL ANALYSIS:

ATTACHMENTS:

Exhibit 1 - Staff Report from January 18, 2022
Exhibit 2 - Ordinance

SR-22-001
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: General Plan Amendment No. 21-2, Zone Change No. 21-1, Zoning Ordinance Amendment No. 21-2, and Adoption of a General Plan Update EIR Addendum RECOMMENDATION:
1) Staff Report;
2) Entertain Questions of Staff from City Council;
3) Open the Public Hearing;
4) Take Testimony from Applicant;
5) Take testimony from those in favor of the project;
6) Take testimony from those opposed to the project;
7) Take testimony from those in a neutral position;
8) Opportunity for Applicant Rebuttal
9) Close the Public Hearing;
10) City Council discussion and questions to Staff; and, 11) That the City Council follows the Planning Commission's recommendation that the City Council approve General Plan Amendment No. 21-2, Zone Change No. 21-1, Zoning Ordinance Amendment No. 21-1, and Adoption of a General Plan Update EIR Addendum.

BACKGROUND:

On December 14, 2021, the Planning Commission made a recommendation that the City Council adopt the above-referenced applications. The Staff recommendation for Zoning Ordinance Amendment No. 21-2 included that all Industrial parcels citywide would also increase the maximum structure height from two (2) stories and 50 feet to five (5) stories and 120 feet. The Planning Commission’s recommendation is for a maximum structure height of 100 feet.

Staff’s recommendation to increase the maximum building height was based on the industrial trend requiring taller buildings for new industries. As new technologies evolve and storage capacities are in higher demands, the industrial trend is requiring taller buildings for more efficiency.

The City of Desert Hot Springs adopted the 2040 General Plan Update on May 26, 2020, after certifying the 2040 General Plan Update Environmental Impact Report (GPU EIR) (State Clearinghouse Number 2019080101). The City’s 2040 General Plan Update addresses seven State mandated general plan elements (Land Use, Circulation, Housing, Safety, Conservation, Open Space, Noise), and two optional elements (Economic Development and Health and Wellness Element) that serve as a policy guide for

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determining the appropriate physical development, community services, and character of the City’s Planning Area.

As part of the General Plan Update process various parcels City-wide changed zoning designations.

Some parcel owners had submitted notifications to the City about their future plans with specific requests to keep specific zoning designations to allow for their projects to continue to move forward.

These requests were submitted via email, and in person during public meetings. After the entire General Plan Update process was completed Staff identified the following six (6) parcels that had zoning designations changed incorrectly and/or had conflicting zoning designations with the existing use; 1) APN 641-091-025, has conflicting zoning designation. The business owner had submitted request to expand the AMPM service station into the adjacent parcel to the West and that parcel is zoned for single-family residential.
2) APN 641-042-047, has conflicting zoning designations. The gym itself is in the appropriate zoning and land use, but the parking lot is zoned for residential uses. 3) APN 641-091-021, has conflicting zoning designation. The existing auto repair shop has been in operation since May 16, 2017, and now is not zoned for that use.

4. APN 656-150-003, has conflicting zoning designation. The property owner had submitted a request and expressed an interest in developing a Spa/Resort at this location, for Visitor Serving-Commercial to allow for the development of a spa/resort.
5) APN 666-370-032, has dual zoning designation, and it is now proposed to have a General Plan designation of Industrial (I) and a zoning designation of Light Industrial (I-L) for industrial uses. 6) APN 665-100-026, has conflicting zoning designation, and it is now proposed to have a General Plan designation of Industrial (I) and a zoning designation of Light Industrial (I-L) for industrial uses.

The proposed zoning ordinance amendment for all Industrial parcels citywide will also increase the maximum structure height from 50 feet to 100 feet and/or five (5) stories. The Planning Commission’s recommendation is for 100 feet maximum structure height.

BACKGROUND AND PROJECT DESCRIPTION
The City of Desert Hot Springs initiated the proposed General Plan Amendment, Zone Change, and Zoning Ordinance Amendment, on the six (6) parcels discussed above to remedy the unintended outcome of the City’s General Plan Update. The recommended approval to the City Council by the Planning Commission will allow the existing business to expand and provide City residents an improved shopping experience and allow for industrial development and offer an opportunity to develop industrial buildings at five (5) stories and/or a maximum height of 100 feet.

The six (6) parcels are identified below with the proposed General Plan Designation, zoning designation, and proposed use as well:
• APN: 656-150-003: Currently zoned as Residential Low (R-L) changing to Visitor Serving Commercial (VS-C) to allow spa use (vacant large lot with hot water well). General Plan Designation Visitor Serving (VS)

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• APN: 641-091-021: Currently zoned as Residential Medium (R-M) changing to Mixed Use Corridor (MU-C) to allow auto repair shop (existing). General Plan Designation Mixed Use Corridor (MU-C)
• APN: 641-091-025: Currently zoned as Residential Medium (R-M) changing to Mixed-Use Commercial (MU-C) to allow adjacent AMPM expansion (vacant lot). General Plan Designation Mixed Use Corridor (MU-C)
• APN: 641-042-047: Currently zoned as Residential Medium (R-M) changing to Downtown Commercial (C-D) to be consistent with current uses. General Plan Designation Commercial (Com)
• APN: 665-100-026: Currently zoned as Residential Rural Desert (R-RD) changing to Light Industrial (I-L). General Plan Designation Industrial (I) • APN: 666-370-032: Currently dual zoning as Light Industrial and Commercial Business Park (IL/C-BP) changing to Light Industrial (I-L). General Plan Designation Industrial (I) The proposed Zoning Ordinance Amendment is to amend Table 17.16.01, structure height (Maximum/feet) to five (5) stories/100 feet as reflected below:

TABLE 17.16.01

INDUSTRIAL ZONES DEVELOPMENT STANDARDS
Development
Standards I-L I-M I-E
Gross lot area (1) 20,000 40,000 10 ac.

Front setback 20 20 20 (4)
Rear setback 10 10 NA
Side setback (each) 10 (2) 10 (2) NA
Side setback (street
side) 10 10 NA
Lot coverage
(maximum) 75 75 NA
Structure height
(maximum/feet) 2 stories/50 (3)
5 stories/100
35 feet NA
(1) Area in square feet, unless otherwise indicated; only required for new subdivisions. (2) Unless attached buildings are proposed, where no side yard would be required for the attached side
(3) Unless the Planning Commission finds that increased height is necessary for the proposed industrial use.
(4) Setback is for structures other than wind turbines, industrial stacks, etc. See standards below.

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Future development will require additional review and compliance with the California Environmental Quality Act. One of the recommendations in the GPU EIR Addendum is that an Acoustical Analysis be prepared for each parcel at the time of proposed development.

DESCRIPTION OF FUTURE PROJECTS
The City intends to amend the existing General Plan designation and zoning designations for the following parcels to be consistent with the existing uses and their designations and to allow for future expanded development for commercial and industrial uses. These applications pertain to six (6) parcels dispersed throughout the City. The parcels for consideration are the following which include a current zoning map, the proposed General Plan designation, zone change, surrounding land uses, zoning designations, and General Plan designations. Below is the description of each parcel with current land use, zoning, and existing uses. There is also a table with adjacent land uses, zoning, and current land use. See Exhibit A for a visual of each site.

APN: 656-150-003: Currently zoned as Residential Low (R-L) changing to Visitor Serving Commercial (VS-C) to allow spa use (vacant large lot with hot water well) General Plan Designation Visitor Serving (VS)
Surrounding Land Uses and Zoning
Current Land Use Zoning Designation General Plan
Designation
North (E) Residential Uses Residential Low (RL)
Residential Low (RL)
(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 (RL)
(Up to 6.0 DU/AC)
East (E) Residential Uses Residential Low (RL)
Residential Low (RL)
(Up to 6.0 DU/AC)
APN: 641-091-021: Currently zoned as Residential Medium (R-M) changing 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)

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Current Land Use Zoning Designation General Plan
Designation
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: 641-091-021: Currently zoned as Residential Medium (R-M) changing 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) changing 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)

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APN: 641-042-047: Currently zoned as Residential Medium (R-M) changing to Commercial Downtown (C-D) 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)
APN: 665-100-026: Currently zoned as Residential Rural Desert (R-RD) changing to Light Industrial (I-L). 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 (RL) (Up to 6.0 DU/AC) East (E) Residential Use Residential Rural
Desert (R-RD)
Residential Rural
Desert (R-RD) (1
DU/5 AC)
APN: 666-370-032: Currently dual zoning as Light Industrial and Commercial Business Park (I-L/C-BP) changing to Light Industrial (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)

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Current Land Use Zoning Designation General Plan
Designation
South Vacant Commercial
Land
Residential Low (RL)Residential Low (RL) (Up to 6.0 DU/AC) East Vacant Commercial
Land
Residential Rural
Desert (R-RD)
Residential Rural
Desert (R-RD) (1
DU/5 AC)
DISCUSSION:

The proposed General Plan Amendment, Zoning Ordinance Amendment, and Zone change seek to change the allowable uses on the six (6) properties to allow for future development of the sites with the uses identified above for each parcel. On May 26, 2020, The City of Desert Hot Springs adopted the new General Plan, and the proposed applications would be consistent with the General Plan upon the consideration of the Planning Commission making a recommendation to the City Council for approval.

The Land Use and Community Design Element in the newly adopted General Plan have Goals and Policies that support the proposed General Plan Amendment, Zone Change, and Zoning Ordinance Amendment in that;
Goal LU-1 promotes a balanced community with a mix of land uses that supports thriving businesses, complete and healthy neighborhoods, and a sustainable desert environment, Goal LU-3 promotes vibrant and economically successful centers that respond to changing economic conditions and that are well distributed Citywide,
Goal LU-8 promotes industrial opportunities and new development that broaden the economic and employment base of the City,
In addition to the Goals in the Land Use and Community Design Element within the General Plan there are policies that support future development of the six (6) parcels that are part of these applications.

Policy LU-5.1: Spas and Resorts encourages the development of well-designed spas and resorts that respect the surrounding residential uses.

Policy LU-8.1: Employment Centers ensures employment centers provide a variety of land and infrastructure that will allow the City to remain economically competitive.

Policy LU-7.5: Prioritize Industrial Development prioritizes business attraction and retention of employment and revenue generating uses on industrial land.

FISCAL IMPACT:

No immediate fiscal impact is expected. Any proposed future development will be subject to application planning fees and building permit fees.

ENVIRONMENTAL ANALYSIS:

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An Addendum has been prepared for the proposed project pursuant to 14 Cal. Code. Regs 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. After a duly noticed public hearing, on May 26, 2020, the City Council adopted and approved a General Plan Amendment. Pursuant to the CEQA, Public Resources Code Sections 21000, et seq., and its implementing regulations, California Code of Regulations Section 15000, et seq., 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 after the preparation of a GPU EIR Addendum there are no substantial changes that warrant additional review.

OPTIONAL:

GENERAL PLAN AMENDMENT FINDINGS
Under Section 17.100.050 of the Desert Hot Springs Municipal Code, an amendment to the General Plan may be adopted only if all of the following findings are made:

A. That the proposed amendment is internally consistent with the General Plan; The City of Desert Hot Springs adopted its new General Plan on May 26, 2020. The proposed amendments have been evaluated for compliance with the newly adopted General Plan of the City of Desert Hot Springs to identify any potential internal inconsistencies. The proposed changes in land use designations identified below allow for future commercial and industrial uses and are consistent with the City’s intention for future commercial and industrial businesses, including the proposed zoning ordinance amendment increasing the maximum height of structures from 2-stories/50feet to 5-stories/100 feet in the Industrial zoning designations.
• APN: 656-150-003: Currently zoned as Residential Low (R-L) changing to Visitor Serving Commercial (VS-C) to allow spa use (vacant large lot with hot water well). General Plan Designation Visitor Serving (VS)
• APN: 641-091-021: Currently zoned as Residential Medium (R-M) changing to Mixed Use Corridor (MU-C) to allow auto repair shop (existing). General Plan Designation Mixed Use Corridor (MU-C)
• APN: 641-091-025: Currently zoned as Residential Medium (R-M) changing to Mixed Use Corridor (MU-C) to allow adjacent AMPM expansion (vacant lot). General Plan Designation Mixed Use Corridor (MU-C)
• APN: 641-042-047: Currently zoned as Residential Medium (R-M) changing to Downtown Commercial (C-D) to be consistent with current uses. General Plan Designation Commercial (C)
• APN: 665-100-026: Currently zoned as Residential Rural Desert (R-RD) changing to I-L (Light Industrial). General Plan Designation Industrial (I)
• APN: 666-370-032: Currently dual zoning as Light Industrial and Commercial Business Park (IL/C-BP) to change to Light Industrial (I-L). General Plan Designation Industrial (I) The Zoning Ordinance Amendment is to amend Table 17.16.01 (Industrial Development Standards) increasing the maximum height of structures from 2-stories/50 feet to 5-stories/100 feet. Also of note, is that any future development (applications) would be subject to a discretionary review and would be evaluated based on compatibility with surrounding uses including design characteristics, site planning,

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access, impacts, aesthetics, building heights, setbacks, minimum required parking, as well as a host of other characteristics, all to ensure the project’s compatibility with the neighboring properties and that any potential impacts are mitigated to a level of “less than significant”.

A. That the proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City;
The proposed amendments identified above to allow for future commercial and industrial projects on the sites identified would be consistent with the proposed designations in the immediate areas and would be consistent with the current designations in the immediate area.

Also of note, is that any future development (applications) would be subject to a discretionary review and would be evaluated based on compatibility with surrounding uses including design characteristics, site planning, access, impacts, aesthetics, building heights, setbacks, minimum required parking, as well as a host of other characteristics, all to ensure the project’s compatibility with the neighboring properties and that any potential impacts are mitigated to a level of “less than significant”.

Any future development project would also include provisions for public and private improvements to address vehicular circulation, including emergency services, as well as drainage, air quality and other environmental factors. Staff has concluded that the proposal would not be detrimental to the public interest, health, safety, convenience or welfare of the City.

B. That the proposed amendment would maintain the appropriate balance of land uses within the City; and
The proposed amendments have been evaluated against the General Plan of the City of Desert Hot Springs to identify any potential internal inconsistencies. The proposed changes in land use designations to allow for future commercial and industrial uses would be compatible with some of the surrounding, and existing land uses. Additionally, any future projects would be a discretionary action by the City and would allow for mitigation measures to be implemented to reduce any negative impacts on the surrounding area/properties. Staff believes that the proposed amendments will maintain the appropriate balance of land uses within the City.

C. That in the case of an amendment to the General Plan Land Use Map, the subject parcel(s) is physically suitable (including, but not limited to access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation(s) and the anticipated land use development(s).

The General Plan Amendments provides for a mix of commercial and industrial uses that would be compatible with surrounding residential and commercial zones.

ZONING ORDINANCE AMENDMENT FINDINGS
Zoning Code Amendments – changes either to the map or the text - are regulated under Section 17.88 of the Desert Hot Springs Municipal Code. According to Section 17.88.050, an amendment to the Zoning Ordinance may be adopted only if the following findings are made:

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A. The proposed amendment is consistent with the General Plan; The proposed amendment amending Table 17.16.01, structure height (Maximum/feet) to five (5) stories/100 feet, has been evaluated against the General Plan of the City of Desert Hot Springs to identify any potential inconsistencies. The proposed Zone Ordinance Amendments introduces a maximum height of 100 feet and five (5) stories and provides for adequate public and private improvements to avoid conflicts with the General Plan Land Use, Circulation, Housing, and other Elements of the Community Development Chapter; as well as with Environmental Resources, Environmental Hazards, and Public Facilities and Facilities Chapters. Staff has identified no inconsistencies between the proposed Zone Amendment and the General Plan.

B. The amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

The proposed amendment to increase the maximum height of 100 feet and five (5) stories is to allow for future industrial development and it has been evaluated against the General Plan of the City of Desert Hot Springs to identify any potential internal inconsistencies. The proposed change in maximum height from two (2) stories/50feet to 100 feet/five (5) stories will allow for future industrial uses that would be consistent with the City’s intention for future industrial businesses. The proposed Zoning & General Plan amendment to allow future commercial and industrial projects on this site identified above would not only be consistent with the proposed designations but is consistent with the current designations in the immediate areas.

Also of note, is that any future development (applications) would be subject to a discretionary review and would be evaluated based on compatibility with surrounding uses including design characteristics, site planning, access, impacts, aesthetics, building heights, setbacks, minimum required parking, as well as a host of other characteristics, all to ensure the project’s compatibility with the neighboring properties and that any potential impacts are mitigated to a level of “less than significant”.

Any future development project would also include provisions for public and private improvements to address vehicular circulation, including emergency services, as well as drainage, air quality and other environmental factors. Staff has concluded that the proposal would not be detrimental to the public interest, health, safety, convenience or welfare of the City.

AGENCY & PUBLIC REVIEW
Assembly Bill 52 and Senate Bill 18 Review
The General Plan Amendment is subject to review by local Native American Tribal organizations, under Assembly Bill 52 (AB 52) and Senate Bill 18 (SB 18) requirements. Per AB 52 and SB 18 requirements, the Community Development Department sent notice to the potentially affected Native American Tribes, identified by the Native American Heritage Commission, requesting their response within 30 and 90-days for formal consultation. The request for consultation period began on November 15, 2021.

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The local tribes typically only request consultation to periodically review our standard conditions of approval to make sure there are mitigation measures and conditions that will protect cultural and historic resources and notify them in the event that something is found during ground disturbance activities.

PUBLIC HEARING NOTICE
A public hearing notice was advertised in the Desert Star Weekly on Friday January 7, 2022. Public hearing notices were mailed to all property owners within a 300-foot radius of the subject properties on Thursday, January 6, 2022. As of this writing, staff has not received any comments.

ATTACHMENTS:

Exhibit 1 - General Plan Land Use Map
Exhibit 2 - Adopted Zoning Map
Exhibit 3 - Ordinance
Exhibit 4 - Resolution
Exhibit 5 - General Plan Environmental Impact Report
Exhibit 6 - GPU EIR Addendum

EXHIBIT A

ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS, CALIFORNIA, 1) GPA NO. 21-2 AMENDING THE
GENERAL PLAN DESIGNATION ON SIX (6) PROPERTIES WITHIN
THE CITY; 2) ZC NO. 21-1 CHANGING THE ZONING DESIGNATION ON SIX (6) PROPERTIES WITHIN THE CITY; 3) GPA NO. 21-2; AMENDING CERTAIN SECTIONS OF CHAPTER 17.16 “INDUSTRIAL
DISTRICTS” FOR FUTURE INDUSTRIAL DEVELOPMENT, AND 4)

ADOPTING A GPU EIR ADDENDUM
WHEREAS, the City of Desert Hot Springs (“City”) is a charter city organized pursuant to Article XI of the California Constitution; 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, on December 14, 2021, the City of Desert Hot Springs Planning Commission held a public hearing, and
WHEREAS, the public hearing was duly noticed and published; and WHEREAS, Title 17 of the Desert Hot Springs Municipal Code (DHSMC) regulates land use and zoning and
WHEREAS, Chapter 17.16 of the DHSMC regulates Industrial Districts; and WHEREAS, The proposed Project consists of concurrent General Plan Designations and zone changes for the following parcels:

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) 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)
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)
APN: 641-042-047: Currently zoned as Residential Medium (R-M) to change to Downtown Commercial (C-D) to be consistent with current uses General Plan Designation Commercial (Com)

APN: 665-100-026: Currently zoned as Residential Rural Desert (R-RD) to change to I-L (Light Industrial). General Plan Designation Industrial (I) APN: 666-370-032: Currently dual zoning as Light Industrial and Commercial Business Park (I-LC-BP) to change to I-L. General Plan Designation Industrial (I); and
WHEREAS, the Land Use and Community Design Element in the newly adopted General Plan have Goals and Policies that support the proposed General Plan Amendment, Zone Change, and Zoning Ordinance Amendment; and WHEREAS, Goal LU-1 promotes a balanced community with a mix of land uses that supports thriving businesses, complete and healthy neighborhoods, and a sustainable desert environment; and
WHEREAS, Goal LU-3 promotes a vibrant and economically successful centers that respond to changing economic conditions and that are well distributed Citywide; and
WHEREAS, Goal LU-8 promotes industrial opportunities and new development that broaden the economic and employment base of the City; and WHEREAS, an Addendum has been prepared for the proposed project pursuant to 14 Cal. Code. Regs 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. After a duly noticed public hearing, on May 26, 2020, the City Council adopted and approved a General Plan Amendment. Pursuant to the CEQA, Public Resources Code Sections 21000, et seq., and its implementing regulations, California Code of Regulations Section 15000, et seq., 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 after the preparation of a GPU EIR Addendum there are no substantial changes that warrant additional review; and WHEREAS, the City deems that this Resolution is in the best interest of the City’s public health, safety, and welfare.

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

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

Section 2. AMENDMENT OF SECTION 17.16.030 “LAND USE DISTRICT DEVELOPMENT STANDARDS” AND TABLE 17.16.01 OF THE

DESERT HOT SPRINGS MUNICIPAL CODE

Section 17.16.030 and Industrial Zone Development Standards Table

17.16.01 shall be amended to read as follows:

TABLE 17.16.01

INDUSTRIAL ZONES DEVELOPMENT STANDARDS
Development Standards I-L I-M I-E
Gross lot area (1) 20,000 40,000 10 ac.

Front setback 20 20 20 (4)
Rear setback 10 10 NA
Side setback (each) 10 (2) 10 (2) NA
Side setback (street side) 10 10 NA
Lot coverage (maximum) 75 75 NA
Structure height (maximum/feet)
2 stories/50 (3)
5 stories/120
35 feet NA
(1) Area in square feet, unless otherwise indicated; only required for new subdivisions. (2) Unless attached buildings are proposed, where no side yard would be required for the attached side
(3) Unless the Planning Commission finds that increased height is necessary for the proposed industrial use.
(4) Setback is for structures other than wind turbines, industrial stacks, etc. See standards below.

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.

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

AYES:

NOES:

ABSTAIN:

ABSENT:

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

SR-22-019
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: February 1, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Second Reading and Adoption of An 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:

Approve Second Reading, read by title only and adopt: “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 Ordinance (Exhibit 2) was introduced and approved for first reading by the City Council on January 18, 2022.

The Ordinance shall take effect thirty (30) days after its second reading.

FISCAL IMPACT:

None
ATTACHMENTS:

Exhibit 1 - Staff Report from January 18. 2022
Exhibit 2 - Proposed Ordinance

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:

SR-22-020
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: February 1, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Second Reading and Adoption of An 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:

Approve Second Reading, read by title only and adopt: "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 Ordinance (Exhibit 2) was introduced and approved for first reading by the City Council on January 18, 2022.

The Ordinance shall take effect thirty (30) days after its second reading.

FISCAL IMPACT:

None
ATTACHMENTS:

Exhibit 1 - Staff Report from January 18, 2022
Exhibit 2 - Proposed Ordinance

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:

SR-22-021
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: February 1, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Second Reading and Adoption of An Ordinance 1) Adding Section 16.24.095 "SB9 Parcel Map Standards" and 2) Amending Certain Sections of Chapter

17.08 "Residential Districts" in Order to Comply With Senate Bill 9 RECOMMENDATION:

Approve Second Reading, read by title only and adopt: "An Ordinance of the City Council of the City of Desert Hot Springs, California, 1) Adding Section 16.24.095 "SB9 Parcel Map Standards" and 2) Amending Certain Sections of Chapter 17.08 "Residential Districts" in order to comply with Senate Bill

9."
BACKGROUND:

The Ordinance (Exhibit 2) was introduced and approved for first reading by the City Council on January 18, 2022.

The Ordinance shall take effect thirty (30) days after its second reading.

FISCAL IMPACT:

None
ATTACHMENTS:

Exhibit 1 - Staff Report from January 18, 2022
Exhibit 2 - Ordinance SB9

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

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

9."
BACKGROUND:

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

DISCUSSION:

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

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

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

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

ATTACHMENTS:

Exhibit 1 - Ordinance SB9
Exhibit 2 - Senate Bill 9 Legislation

ORDINANCE NO. ___

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

17.08.020 Permitted uses.

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

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

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

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

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

TABLE 17.08.01
PERMITTED USES – RESIDENTIAL DISTRICTS

USE RESIDENTIAL DISTRICTS

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

SECTION

AGRICULTURAL AND

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

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

CUP CUP CUP CUP
Schools, Private CUP CUP CUP CUP

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

P P P P
Accessory Structures and
Uses

A A A A
Boarding House — — — CUP
Dwelling, Multifamily — — P P 17.08.140
Dwelling, Single-Family P P P P

USE RESIDENTIAL DISTRICTS

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

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

Supportive
Housing are
subject to the
requirements
of Table

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

Transitional
Housing are
subject to the
requirements
of Table

17.08.02. RECREATION AND

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

USE RESIDENTIAL DISTRICTS

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

SECTION
Swimming Pool/Spa,
Private

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

RETAIL AND

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

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

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

MUNICIPAL CODE

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

17.08.030 Development Standards.

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

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

TABLE 17.08.02
DEVELOPMENT STANDARDS – RESIDENTIAL DISTRICTS

DEVELOPMENT RESIDENTIAL DISTRICTS

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

ADDITIONAL

REQUIREMENTS

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

LOT DIMENSIONS, SIZE,

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

DEVELOPMENT RESIDENTIAL DISTRICTS

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

ADDITIONAL

REQUIREMENTS
Coverage

SETBACKS AND

BUILDING

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

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

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

Minimum Building
Separation
10 ft 10 ft 8 ft 10 ft

DWELLING UNIT SIZE

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

DEVELOPMENT RESIDENTIAL DISTRICTS

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

ADDITIONAL

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

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

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

17.08.040 Land use district development—Specific standards.

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

TABLE 17.08.03

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

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

17.08.170 Accessory dwelling unit.

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

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

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

1. Building and safety codes;

2. Independent exterior access from the existing residence; and

3. Fire codes.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

17.08.175 Junior accessory dwelling unit.

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

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

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

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

2. The single-family residence in which the JADU is created or JADU must be occupied by the owner of the residence, except when owner is a governmental agency, land trust or housing organization. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit.

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

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

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

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

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

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

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

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

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

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

Section 8. SEVERABILITY
That should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.

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

Section 10. AMENDING OF BAIL SCHEDULE
That the City Attorney’s Office is hereby directed to determine whether this ordinance necessitates amendment of the City’s Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside.

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

Section 12. CERTIFICATION
That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.
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PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on the ___ day of ______, 2022 by the following vote:

Ayes:

Noes:

Abstain:

Absent:

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