Chapter 8.04 (“Garbage and Rubbish”) of Title 8 (“Health and Safety”) of the Desert Hot Springs Municipal Code is hereby amended to read in its entirety as follows:
Chapter 8.04 Garbage and Rubbish Waste Disposal
Article I. General Provisions
8.04.010 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. “City Manager” means the City Manager of the City or designee. “Contract agent” or “contractor” means an agent or employee of the City or any person or the agent or any employee thereof with whom the City may contract to collect or dispose of refuse.
“Green waste” means landscape plant material including branches, limbs, leaves, grass clippings and other similar material.
“Owner” means the person, organization or corporation holding legal title to the real property constituting the premises to which refuse services are provided or required to be provided.
“Place of business” means a hotel, office or office building, shop, store, hospital or any commercial or industrial establishment, apartment house or church.
“Premises” means any parcel of land in the City where refuse is produced, generated, or accumulated, and/or any dwelling, building, or structure, or portion thereof in the City.
“Recyclable material” or “recyclables” means residential, commercial or industrial source separated by-products of some potential economic value, set aside, handled, packaged, or offered for collection in a manner different from solid municipal waste.
“Refuse” means solid municipal waste or trash.
“Single-family dwelling” means each premises used for or designated as a single-family residential dwelling, including each part of a condominium project, duplex, townhouse project, apartment building or mobile home park in which Item Number: 11.
each premises receives individual collection of waste from City or contractorprovided containers of approximately 96-gallon capacity. “Solid municipal waste” means the usual and customary types of household and commercial garbage, trash and refuse such as wastes from the preparation and cooking of foods, waste food, waste cloth, containers such as bottles, tin cans, cartons and crates, materials such as wood, plastic, rubber and metal, grass and plant trimmings and other refuse that is customarily deposited by City residences, commercial and industrial establishments, homeowners, occupants, contractors, builders and visitors in collection containers or areas for pick-up and disposal by themselves or others. The following materials are excluded: waste consisting primarily of earth and earth materials, liquid wastes, special wastes such as chemicals, oils or materials of any poisonous, hazardous or explosive nature, ashes, dirt, and stones.
“Blue Container” has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials or Source Separated Blue Container Organic Waste.
“Brown Container” has the same meaning as in 14 CCR Section 18982(a)(5.5) and shall be used for the purpose of storage and collection of Source Separated Food Scraps.
“CalRecycle” means California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on cities (and others).
“California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this ordinance are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).
“City” means the City of Desert Hot Springs.
“Commercial Business” or “Commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6).
A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this ordinance.
“Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in this chapter or as Item Number: 11.
otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).
“Community Composting” or “Community Compost Facility” means any activity permitted by City that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8). “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this ordinance, that “Compost” means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility. “Compostable Plastics” or “Compostable Plastic” means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C). “Container” means a cart, can, commercial bin, debris box, or stationary compactor intended for the purpose of depositing waste for disposal, except construction and demolition debris and bulky items, or recyclable materials for diversion. Containers may be provided by the City or its authorized agent, or for manual collection as may be required to be provided by the property owner or occupant generating Solid Waste, Organic Waste or Non-Organic Recyclables.
“Container Contamination” or “Contaminated Container” means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
“C&D” means construction and demolition debris.
“Designated Source Separated Organic Waste Facility”, as defined in 14 CCR Section 18982(14.5), means a Solid Waste facility that accepts a Source Separated Organic Waste collection stream as defined in 14 CCR Section 17402(a)(26.6) and complies with one of the following:
(1) The facility is a “transfer/processor,” as defined in 14 CCR Section 18815.2(a)(62), that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d), and meets or exceeds an annual average Source Separated organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024 and 75 percent on and after January 1, 2025 as calculated pursuant to 14 Item Number: 11.
CCR Section 18815.5(f) for Organic Waste received from the Source Separated Organic Waste collection stream.
(A) If a transfer/processor has an annual average Source Separated organic content Recovery rate lower than the rate required in Paragraph 1 of this definition for two (2)
consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a “Designated Source Separated Organic Waste Facility”.
(2) The facility is a “composting operation” or “composting facility” as defined in 14 CCR Section 18815.2(a)(13), that pursuant to the reports submitted under 14 CCR Section 18815.7 demonstrates that the percent of the material removed for landfill disposal that is Organic Waste is less than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies with the digestate handling requirements specified in 14 CCR Section 17896.5.
(A) If the percent of the material removed for landfill disposal that is Organic Waste is more than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), for two (2) consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a “Designated Source Separated Organic Waste Facility.” For the purposes of this chapter, the reporting periods shall be consistent with those defined in 14 CCR Section
18815.2(a)(49).
“Designee” means an entity that a Jurisdiction contracts with or otherwise arranges to carry out any of the Jurisdiction’s responsibilities of this ordinance as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities.
“Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chaper or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.
“Enforcement Action" means an action of the City to address non-compliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
Item Number: 11.
“Excluded Waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in City’s, or its designee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose City, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in SingleFamily or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded Waste does not include used motor oil and filters, household batteries, universal wastes, and/or latex paint when such materials are defined as allowable materials for collection through the City’s collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by Jurisdiction or its Designee for collection services. “Food Distributor” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
“Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code.
“Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
“Food Recovery Organization” means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code;
(2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
Item Number: 11.
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter.
“Food Recovery Service” means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). “Food Scraps” means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps.
“Food Service Provider” means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27). “Food-Soiled Paper” is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
“Food Waste” means Food Scraps, Food-Soiled Paper, and Compostable Plastics.
“Gray Container” has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of Gray Container Waste.
“Gray Container Waste” means Solid Waste that is collected in a Gray Container that is part of a three-container Organic Waste collection service that prohibits the placement of Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).
Item Number: 11.
“Green Container” has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste and de minimis amounts of Food Scraps contained in bags.
“Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30). “Hauler Route” means the designated itinerary or sequence of stops for each segment of the Jurisdiction’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
“High Diversion Organic Waste Processing Facility” means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the “Mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).
“Inspection” means a site visit where the City reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).
“Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter. “Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts Item Number: 11.
center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter.
“Local Education Agency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
“Mixed Waste Organic Collection Stream” or “Mixed Waste” means Organic Waste collected in a container that is required by 14 CCR Sections 18984.1, 18984.2 or 18984.3 to be taken to a High Diversion Organic Waste Processing Facility or as otherwise defined in 14 CCR Section 17402(a)(11.5).
“Multi-Family Residential Dwelling” or “Multi-Family” means of, from, or pertaining to residential premises with five (5) or more dwelling units. MultiFamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses. “MWELO” refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.
“Non-Compostable Paper” includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).
“Non-Local Entity” means the following entities that are not subject to the Jurisdiction’s enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):
(1) Special district(s) located within the boundaries of the Jurisdiction. (2) Federal facilities, including military installations, located within the boundaries of the Jurisdiction.
(3) Prison(s) located within the boundaries of the Jurisdiction.
Guidance: Private prisons are considered Commercial Businesses and should not be listed here.
(4) Facilities operated by the State park system located within the boundaries of the Jurisdiction.
Item Number: 11.
(5) Public universities (including community colleges) located within the boundaries of the Jurisdiction
(6) County fairgrounds located within the boundaries of the Jurisdiction. (7) State agencies located within the boundaries of the Jurisdiction. (8) Tribal land is excluded; but land owned by tribal nation persons or corporations is not excluded.
“Non-Organic Recyclables” means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43). “Notice of Violation (NOV)” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
“Organic Waste” means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
“Organic Waste Generator” means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
“Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
“Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
“Prohibited Container Contaminants” means the following: (i) discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the Jurisdiction’s Blue Container; (ii) discarded materials placed in the Green Container that are not identified as Item Number: 11.
acceptable Source Separated Green Container Organic Waste for the Jurisdiction’s Green Container; (iii) discarded materials placed in the Gray Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Green Container Organic Wastes to be placed in City’s Green Container and/or Blue Container; and, (iv) Excluded Waste placed in any container.
“Recovered Organic Waste Products” means products made from California, landfill-diverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).
“Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49). “Recycled-Content Paper” means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
“Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
“Route Review” means a visual Inspection of containers along a Hauler Route for the purpose of determining Container Contamination, and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
“SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of this ordinance, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
“Self-Hauler” means a person, who hauls Solid Waste, Organic Waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting Organic Waste to a destination owned and operated by the generator using Item Number: 11.
the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
“Single-Family” means of, from, or pertaining to any residential premises with fewer than five (5) units.
“Solid Waste” has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141.
(2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code. “Source Separated” means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the chapter, Source Separated shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Container Waste or other Solid Waste for the purposes of collection and processing.
Item Number: 11.
“Source Separated Blue Container Organic Waste” means Source Separated Organic Wastes that can be placed in a Blue Container that is limited to the collection of those Organic Wastes and Non-Organic Recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7).
“Source Separated Brown Container Organic Waste” means Source Separated Food Scraps placed in a Brown Container for the purposes of collection and processing.
“Source Separated Green Container Organic Waste” means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the generator, excluding Source Separated Blue Container Organic Waste, carpets, NonCompostable Paper, and textiles. Source Separated Green Container Organic Waste may include Food Scraps provided that the Food Scraps are bagged separate from other non-food organic waste.
“Source Separated Recyclable Materials” means Source Separated Non-Organic Recyclables and Source Separated Blue Container Organic Waste. “State” means the State of California.
“Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
“Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
(1) Supermarket.
(2) Grocery Store with a total facility size equal to or greater than 10,000 square feet.
(3) Food Service Provider.
(4) Food Distributor.
(5) Wholesale Food Vendor.
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this ordinance.
Item Number: 11.
“Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
(2) Hotel with an on-site Food Facility and 200 or more rooms. (3) Health facility with an on-site Food Facility and 100 or more beds. (4) Large Venue.
(5) Large Event.
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet. (7) A Local Education Agency facility with an on-site Food Facility.
If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this ordinance.
“Uncontainerized Green Waste and Yard Waste Collection Service” or “Uncontainerized Service” means a collection service that collects green waste and yard waste that is bagged for collection on the street in front of a generator’s house or place of business for collection and transport to a facility that recovers Source Separated Organic Waste, or as otherwise defined in 14 CCR Section 189852(a)(75).
“Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).
8.04.020 Duties of City Manager.
A. The City Manager shall have charge of the administration of the provisions of this chapter.
B. The City Manager may, from time to time at his or her sole discretion, authorize installation of a public refuse container on such City property as the City Manager may deem desirable. This container shall be for the exclusive use and benefit of the City, for residential purposes only. Any other use, including commercial, Item Number: 11.
contractor, or landscape gardener use, shall be deemed unlawful and punishable as an infraction.
8.04.030 Placement of garbage, rubbish, and the like, waste on public property or vacant lots or premises.
It is unlawful for any person to place or deposit, or cause or permit to be placed or deposited, any solid waste, non-organic recyclables, or organic waste garbage, combustible rubbish, noncombustible rubbish, ashes, waste construction materials or other waste materials of any kind into or upon any public street, avenue, alley, way or other public place in the City, or in, into or upon any vacant lot or vacant premises, except in containers for the purpose of collection as the manner and for the purposes permitted by the provisions of this chapter, with the exception of lawfully placed bulky items for scheduled pick-up.
Article II. Collection and Removal
8.04.040 Collection and disposal by City or contractor.
A. All solid waste, non-organic recyclables, or organic waste garbage and rubbish accumulated in the City shall be collected, conveyed and disposed of by the City or by any person with whom the City has a contract for the collection, removal and disposal of solid waste, recyclables, and organic waste ashes, waste matter, garbage and rubbish.
B. The City or its contract agent shall collect solid waste, non-organic recyclables, or organic waste garbage, refuse and rubbish from each commercial business, commercial edible food generator, and single family residence residence, dwelling, apartment, hotel, motel, trailer park, business or commercial establishment, and the owners, occupiers or persons, firms or entities residing in or using each of such commercial business, commercial edible food generator, and single family residence residences, dwellings, apartments, hotels, motels, trailer parks, businesses or commercial establishments shall pay for such service at the rates hereinafter set forth.
C. Refuse Collection Service—Mandatory Solid Waste, Non-Organic Recyclable Materials, and Organic Waste Collection Service.
1. Every owner or occupant of real property within the City shall subscribe to solid waste, non-organic recyclables, andor organic waste collection services. Every person who owns, and every person who occupies, any developed real property within the City, whether at a residential location or otherwise, shall make or cause to be made with the City’s authorized agent (when a contract for refuse collection is in force) or with the City (when no such contract exists), appropriate arrangements for regular refuse collection services, and it Item Number: 11.
shall be unlawful for any such person to fail, refuse or neglect to do so. An occupant of property shall be deemed to have complied with this paragraph if the owner of the property has caused to be made such appropriate arrangements for collection of refuse upon all portions of the property occupied by such occupant.
2. It is further unlawful, and a public nuisance, for any person to occupy or inhabit any property within the City for which appropriate arrangements have not been made and kept in full force and effect for regular refuse collection service, in compliance with subsection (C)(1) of this section.
3. Every person having a duty, pursuant to subsection (C)(1) of this section, to make or cause to be made arrangements for regular solid waste, non-organic recyclables, or organic waste refuse collection services shall be liable for payment of the appropriate service fees and charges therefor to the same extent and at the same times, irrespective of whether such person has or has not made the appropriate arrangements for collection services in compliance with subsection (C)(1) of this section. Whenever the fees or charges for such services have not been paid when due, all of the persons mentioned in subsection (C)(1) shall be jointly and severally liable for payment thereof (together with any applicable penalties and interest) irrespective of which person may have made any existing arrangements for collection services, provided that an occupant of only a portion of a parcel of real property or premises shall be deemed liable only for the fees or charges, or portion thereof, attributable to collection services for solid waste, non-organic recyclables, or organic waste refuse produced or to be produced or accumulated or to be accumulated by such occupant, and also upon all portions of the property occupied by such occupant.
4. Notwithstanding the foregoing provisions of this section relating to which persons are liable for payment for refuse collection services, the City may cause the collection of the fees or charges for such services, from the owner(s) of property served, by means of collection on the tax roll in the manner prescribed by applicable provisions of State law.
5. There shall be no exemptions to the City’s mandatory refuse collection service.
8.04.050 Contract may be entered into by Council—Bond of contractor.
A. The City may enter into a contract for the collection of solid waste, nonorganic recyclables, or organic waste municipal solid waste in accordance with and subject to the terms and conditions of this chapter without limitation to the term of the contract.
Item Number: 11.
B. For the collection and disposal of garbage and rubbish, a contract for a period not to exceed 15 years may be entered into by the City in accordance with and subject to the terms and conditions of this chapter.
C. Such contract shall provide that the contractor shall collect and dispose of solid waste, non-organic recyclables, or organic waste the garbage and rubbish in the City in the manner provided in this chapter, and that such contractor shall deliver the same to a permitted Solid Waste facility or such other place as the City Council may, from time to time, designate or determine. Such contractor shall dispose of all solid waste, non-organic recyclables, or organic waste garbage and rubbish in such locations and under such conditions as the City Council may designate through its officers and employees in charge of such permitted Solid Waste facility.
D. The contractor shall be required to furnish a surety bond to the City in the sum of $100,000, conditioned upon the faithful performance of the contract and the provisions of this article to collect all solid waste, non-organic recyclables, or organic waste solid municipal waste and recyclable materials set out for collection in the City and transport the same through the streets and public ways of the City.
E. The City Council, by resolution, shall have power to provide for the inclusion in such contract of such terms as it deems necessary to protect the interest of the City.
8.04.060 Routes and schedules of collection.
The City shall provide for the collection and removal of solid waste, nonorganic recyclables, or organic waste garbage and rubbish, either by the City or its contract agent, from each commercial business, commercial edible food generator, and single family and multi-family residence dwelling, apartment, flat, bungalow court or business or commercial establishment at least once each calendar week.
The City Council shall establish, or may delegate to the City Manager Building Official the duty to establish routes, days and hours for the collection of solid waste, nonorganic recyclables, or organic waste garbage and rubbish. When such routes, days and hours are established or changed, the City Manager shall give such notice thereof as the City Council shall deem advisable.
8.04.070 Charges.
The City or its contract agents shall charge such rates and charges for solid waste, non-organic recyclables, or organic waste garbage, refuse and rubbish collection as the City Council shall from time to time set by resolution.
Item Number: 11.
8.04.080 Supervision by City Manager.
All solid waste, non-organic recyclables, or organic waste refuse, whether ashes, rubbish or garbage, accumulated in the City, shall be collected, conveyed and disposed of under the supervision of the City Manager or other official designated by the City Council. The City Manager may authorize the contract agent of the City to refuse to collect or remove solid waste, non-organic recyclables, or organic waste garbage, rubbish or any other waste materials unless it is placed in containers and in the manner specified in this chapter.
8.04.090 Right of City to discontinue collections.
The City may terminate collection service to any person for nonpayment when fees and charges for solid waste, non-organic recyclables, or organic waste collection services remain unpaid for sixty (60) or more days. Notwithstanding the adoption of the provisions of this chapter, the City Council reserves the right to discontinue the collection and disposal of any of the items, subjects, matters, materials or things referred to in this chapter at any time in its discretion.
8.04.100 Collection, transportation and removal of liquid wastes and animal byproducts. Reserved.
The City Council adopts by reference Riverside County Ordinance No. 712, as may be amended, and any future adopted County resolutions implementing Ordinance 712, which ordinance and resolution(s) regulate the collection, transportation, and removal of liquid wastes and animal byproducts.
Article III. Receptacles
8.04.120 Solid municipal waste receptacles required—Specifications.
A. Every owner or occupant of real property within the City, except the owners of vacant land, shall deposit or cause to be deposited all solid waste, non-organic recyclables, and organic waste in containers as approved by the City and in conformity with section 18984.1 of the SB 1383 Regulations. There shall be a Gray Container, Green Container, Blue Container and Brown Container. A Brown Container shall be used for Source Separated Food Scraps generated by Commercial businesses involved with food preparation and food service. No Item Number: 11.
person shall maintain or place for collection any container not in conformance with this section.
A. City or City’s contractor when City has entered into a contract for the collection and disposal of solid municipal waste, shall provide each residential, commercial and industrial premises with the following containers designed and constructed for the purpose of storing and disposing of solid municipal waste.
1. For residential and commercial premises not subscribing to commercial bin-type service, two carts shall be provided, one for solid municipal waste and one for recyclable materials, both of which shall be compatible with industry standard side-loading automated collection vehicles and constructed of plastic with attached wheels and lids with a capacity of not more than 96 gallons.
2. For commercial premises, including residential premises subscribing to commercial bin service, containers shall be metal bins of approximately two-, three-, or four-cubic yard capacity with lids and casters and compatible with industry standard front-loading collection vehicles.
3. For industrial premises and temporary rental, containers shall be metal open-top debris boxes of approximately 10-, 20-, 30-, or 40-cubic yard capacity and compatible with industry standard roll-off type collection vehicles.
B. It shall be the duty of every owner, manager or person in possession, charge or control of any premises and of each person occupying a premises to do the following: arrange for a solid municipal waste container(s); keep or cause to be kept at premises proper containers for holding solid municipal waste; and, contain all solid municipal waste set out for collection within a specified container no more than level full and, if container is equipped with lids, with lids closed. Owners and occupants of premises may dispose of extra amounts of uncontained waste by first making arrangement with City or City’s contractor and by paying any additional fees that may be levied.
C. All solid municipal waste set out in containers for collection shall not exceed the container weight limit set forth as follows: residential carts, 250 pounds each; commercial bins, 500 pounds per cubic yard; and debris boxes, not more than eight tons per load.
D. Uncontained waste and green waste, including limbs not more than four inches in diameter, shall be collected from residential premises from customer-provided containers of not more than 32-gallon capacity with a suitable handle and weighing not more than 50 pounds, or in tied bundles not more than four feet in length and two feet in diameter and weighing not more than 50 Item Number: 11.
pounds. Green waste shall not be placed out for collection in loose piles or in plastic bags.
E. Collection of waste from construction or demolition activities shall be separately arranged with City or City’s contract agent and shall not be commingled with other solid waste placed out for collection.
B E. Every owner, manager or person in possession of a residential or commercial premises that is provided a cart(s) by the City or City’s contract agent for individual collection of solid waste, non-organic recyclables, and organic municipal solid waste shall be responsible for the cost of replacing missing, lost or damaged carts, except for normal wear and tear.
C F. The City or City’s contract agent may remove and dispose of containers not conforming to the requirements of this section.
8.04.130 Rubbish receptacles required—Maximum allowable time for keeping refuse.
It is unlawful for any person to keep or accumulate or cause to be or permit to be kept or accumulated upon any premises owned, controlled or occupied by him or her in the City, any solid waste, non-organic recyclables, or organic waste refuse unless the same shall be enclosed in an appropriate container a refuse receptacle as provided for in this chapter hereinabove, or to keep any refuse on or about such premises for a period of more than a week.
8.04.140 Mixing ashes, dirt and stones with other refuse.
It is unlawful for any person to place for collection or mingle with any other solid waste, construction waste, demolition waste, non-organic recyclables, or organic waste refuse, ashes, dirt and stones.
8.04.150 Storage on premises—Placement for collection.
A. Each container refuse receptacle shall be kept on the premises of the person utilizing such container for the storage and disposal of solid waste, nonorganic recyclables, and organic waste solid waste or recyclables. Except on the day designated for collection, each container receptacle shall be stored out of the public’s view from the street or roadway. When limited gate or doorway access or obstructions by landscaping or fixed objects prevent storage of containers receptacles out of the public view, the containers receptacles shall be stored adjacent to the dwelling or structure in that location least noticeable from the street or roadway.
B. On the day designated for collection and before the time for collection to begin in the particular district in which premises are located, containers receptacles shall be placed for collection on the curb, in no event more than four feet from the Item Number: 11.
pavement edge, in front of the premises occupied by the person placing the same or on the curb at the side of the premises where such premises are adjacent to more than one street.
C. All containers receptacles set out for collection shall be placed no closer than four feet of any fixed object or parked motor vehicle, and shall be placed no closer than within two feet from another receptacle.
D. Containers Receptacles shall not be so placed earlier than 12 hours prior to the time such collection is scheduled to commence.
8.04.160 Removal after collection.
It shall be the duty of every person placing a garbage, rubbish or other container in or upon any street, sidewalk, curb or alley for garbage or rubbish collection to remove such container from the street, sidewalk, curb or alley immediately after the contents of the container have been collected by the authorized collector of garbage or rubbish for the City, and in any event within 12 hours after such removal. It is unlawful for any such person to fail or refuse to perform such duty.
8.04.170 Tampering with or removal of contents of containers placed for collection.
A. Whenever any container containing solid municipal waste or recyclable materials has been placed for collection, it is unlawful for any person, other than the owner or person who placed the same for collection, to remove, tamper with, sort or take any solid waste, non-organic recyclables, or organic waste such solid municipal waste or recyclable material or any part thereof in or from such container, except the proper collection officials or employees of the City in the performance of their regular collection service.
B. At such times as the City has entered into a contract for the collection of solid municipal waste and recyclable materials, the City’s contractor shall be designated as its authorized recycling agent pursuant to California Public Resources Code Section 40105. As such, the contractor is entitled to prosecute actions for treble damages or civil penalties pursuant to California Public Resources Code Section 41953, for unauthorized removal of recyclable materials placed in containers for collection, in violation of California Public Resources Code Section 41950.
C. It is further illegal for any person, other than the owner, lessee or authorized user thereof, to deposit solid municipal waste or any other material in any solid municipal waste or recyclable material container without the express written permission of the owner, lessee or authorized user thereof, except in the case of solid municipal waste or recycling containers clearly marked for the deposit of solid municipal waste or recyclable material by the public.
Item Number: 11.
8.04.180 Bundles and miscellaneous containers. Reserved.
Any refuse not susceptible to placement in a container as described in this chapter may be placed for collection in the same manner and in the same place as designated for containers; provided, that it shall be securely tied in bundles not heavier than 50 pounds, nor more than four feet in length and two feet in diameter.
8.04.190 Commercial and industrial containers—Identification and maintenance.
Reserved.
Every commercial or industrial waste collector who owns, rents or controls any container, bin or other equipment used for the storage of garbage, industrial waste, market refuse or rubbish shall:
A. Place and maintain on the outside of such container, bin or other equipment, in legible letters and numerals not less than one inch in height, such waste collector’s name or firm name and telephone number; and B. At all times keep in good repair and maintain in a clean and sanitary condition such container, bin or other equipment to the satisfaction of the County Health Officer.
8.04.200 Construction site trash receptacles—Regulation. Reserved.
Trash containers shall be made available on each construction site, to remain in place until construction is completed. Each trash container shall be constructed of solid wood, metal or wire mesh, and shall be three cubic yards in capacity. Should wire mesh be utilized as a material for construction site trash containers, such containers shall be framed to adequately support such wire mesh. The floor and cover of containers utilizing wire mesh shall be properly framed to provide adequate strength and support to withstand design loads to prevent breakage. Further, such container lids shall be hinged and provided with latching devices adequate to secure the covers while not in use to prevent covers from being blown open. The container shall be adequately anchored to prevent overturning by wind. Each container shall be provided with a hinged cover or lid which shall remain closed at all times while not in use. Construction being performed simultaneously on an adjoining lot by one owner or contractor may be serviced by a single container, provided that in no event shall a single container be utilized by more than two such construction sites. Where construction sites are separated by one or more lots, separate containers are required for each site.
It shall be the contractor’s responsibility to ensure that no container is located on or within any public right-of-way. The contractor has the responsibility of ensuring that all containers under his or her control have deposited materials within such containers removed a minimum of once a week. The contractor has Item Number: 11.
the responsibility of removing deposited materials within the containers, however frequent as necessary to prevent overflowing. The container is to be used for storage of loose papers, cartons, bottles, cans, and trash, and the premises on all jobs are to be kept clear of loose papers, cartons, bottles, cans, and trash at all times. It shall be the responsibility of the contractor to ensure that all individuals employed by him or her or under his or her direction and control observe and obey these regulations.
8.04.210 Unauthorized removal of identification.
No person, other than a person with whom the City has a contract for the collection, removal and disposal solid waste, non-organic recyclables, or organic waste the commercial or industrial waste collector having charge thereof, shall deface, alter, remove or obliterate any identification placed on any container, bin or other equipment pursuant to the provisions of this chapter.
8.04.220 Tampering with or injury to receptacles.
No person not having authority to do so shall tamper with, injure, destroy or remove any container, bin or other equipment used for the storage of garbage, industrial waste, market refuse or rubbish.
8.04.230 Variations from provisions as to placement for collection.
In all cases where the City Manager shall find that practical difficulty exists in complying with the requirements of this chapter as to the placing of garbage or rubbish for collection by the City or contract agent, the City Manager shall designate where the same shall be placed or kept for collection and the conditions under which it shall be collected. (Ord. 546, 5-6-14; prior code § 50.46) Section 3. AMENDMENT OF SECTION 8.08.040 (“DIVERSION
REQUIREMENTS – COVERED PROJECTS
REQUIREMENTS”) OF TITLE 8 (“HEALTH AND
SAFETY”) OF THE DESERT HOT SPRINGS MUNICIPAL
CODE
Section 8.08.040 shall read as follows:
A. Demolition. Every structure planned for demolition shall be made available for deconstruction, salvage, and recovery prior to demolition. It shall be the responsibility of the owner, the general contractor and all subcontractors to recover the maximum feasible amount of salvageable designated recyclable and reusable materials prior to demolition. Recovered and salvaged designated recyclable and reusable materials from Item Number: 11.
the deconstruction phase shall qualify to be counted in meeting the diversion requirements of this chapter. Recovered or salvaged materials may be given or sold on the premises, or may be removed to a reuse warehouse facility for storage or sale.
B. New Construction. All covered projects must do the following:
2. Meet the diversion requirement of at least 50 percent of all construction waste;
2. Submit a construction and demolition waste plan (on the required forms) Meet the diversion requirement of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, in effect at the time.;
3. Submit a performance security along with the application required for a construction permit. City-owned projects will not be required to pay the performance security.
C. Every applicant shall submit a properly completed “recycling and waste reduction form” as prescribed by the City’s Compliance Official, to the Building and Safety Department, as a portion of the building or demolition permit process. The form shall contain an accurate estimate of the tonnage or other specified units of construction and/or demolition waste to be generated from construction and demolition on the site.
Approval of the form as complete and accurate shall be a condition precedent to issuance of any building or demolition permit. (Ord. 548 9-2-14; Ord. 542 3-18-14; prior code § 50.53)
D. The applicant shall comply with Section 8.10.030 of the California Green Building Standards Code.
Section 4. AMENDMENT OF CHAPTER 8.10 (“RECYCLING OF
COMMERCIAL SOLID WASTE AND ORGANIC WASTE”)
OF TITLE 8 (“HEALTH AND SAFETY”) OF THE DESERT
HOT SPRINGS MUNICIPAL CODE
Chapter 8.10 (“Recycling of Commercial Solid Waste and Organic Waste”) of Title 8 (“Health and Safety”) of the Desert Hot Springs Municipal Code is hereby amended to read in its entirety as follows:
Chapter 8.10 Recycling of Commercial Solid Waste and Organic Waste.
8.10.010 Definitions.
Words and phrases defined in Chapter 8.04 of this code shall have the same meanings when used in this chapter.
Item Number: 11.
“Business” means a commercial or public entity, including, but not limited to, a firm, partnership, proprietorship, joint stock company, corporation, or association that is organized as a for-profit or nonprofit entity, or a multifamily residential dwelling.
“Commercial solid waste” includes all types of solid waste generated by a store, office, or other commercial or public entity source, including a business or a multifamily dwelling of five or more units.
“Full-service restaurant” means an establishment with the primary business purpose of serving food, where food may be consumed on the premises, and an employee of the establishment takes all of the following actions:
1. The consumer is escorted or assigned to an assigned eating area.
The employee may choose the assigned eating area or may seat the consumer according to the consumer’s need for accommodation or other request.
2. The consumer’s food and beverage orders are taken after the consumer has been seated at the assigned seating area.
3. The food and beverage orders are delivered directly to the consumer.
4. Any requested items associated with the consumer’s food or beverage order are brought to the consumer.
5. The check is delivered directly to the consumer at the assigned eating area.
“Organic waste” means food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste.
“Self-hauler” means a business that hauls its own waste rather than contracting for that service. “Self-haul” means to act as a self-hauler.
8.10.020 Mandatory recycling program. Requirements for single-family waste generators.
A. Single-Family Waste Generators shall comply with the following requirements except Single-Family generators that meet the Self-Hauler requirements in Section 8.10.080 of this chapter:
Item Number: 11.
1. Subscribe to City’s collection services as described in chapter 8.04. of this code. The City shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Single-Family Waste Generators shall adjust its service level for its collection services as requested by the Jurisdiction. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
2. Shall participate in the City’s waste collection service(s) by placing designated materials in designated containers as described below, and shall not place Prohibited Container Contaminants in collection containers. Generator shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container.
B. A business that generates four cubic yards or more of commercial solid waste per week, two cubic yards of organic waste per week, or is a multifamily residential dwelling of five units or more shall arrange for recycling services, consistent with the following requirements:
1. Arrange for the regular collection of commercial recyclable materials through the City’s authorized waste collection contractor;
2. Maintain containers on the premises, which are to be provided by the City’s authorized waste collection contractor, for the collection of commercial recyclable materials;
3. Source separate commercial recyclable materials from waste, and place the recyclable materials in the appropriate containers for collection as designated by the City’s authorized waste collection contractor; and
4. A business that provides customers access to the business shall provide customers with a commercial solid waste recycling bin or container to collect material purchased on the premises. The containers must be:
a. Adjacent to each bin or container for trash other than recyclable commercial solid waste, except in restrooms.
b. Visible and easily accessible.
Item Number: 11.
c. Clearly marked with educational signage indicating what is appropriate to place in the commercial solid waste recycling bin or container in accordance with state law and the local jurisdiction’s solid waste ordinances and practices.
5. Full-service restaurants are exempt from the requirements of this chapter if the full-service restaurant provides its employees a commercial solid waste recycling bin or container to collect material purchased on the premises and implements a program to collect recyclable commercial solid waste.
6. A property owner of a multifamily residential dwelling may require tenants to source separate their recyclable materials to aid in compliance with this section.
C A business that generates two cubic yards or more per week of commercial solid waste, or is a multifamily residential dwelling of five units or more shall arrange for organics recycling services, consistent with the following requirements:
1. Arrange for the regular collection of organics recyclable materials through the City’s authorized waste collection contractor;
2. Maintain containers on the premises, which are to be provided by the City’s authorized waste collection contractor, for the collection of organics recyclable materials;
3. Source separate organics recyclable materials from waste, and place the recyclable materials in the appropriate containers for collection as designated by the City’s authorized waste collection contractor; and
4. A business that provides customers access to the business shall provide customers with an organic waste recycling bin or container to collect material purchased on the premises for immediate consumption. The bins and containers shall be:
a. Adjacent to each bin or container for trash other than recyclable organic waste, except in restrooms,
b. Visible and easily accessible,
c. Clearly marked with educational signage indicating what is appropriate to place in the organic waste recycling bin or container in accordance with state law and the local jurisdiction’s solid waste ordinances and practices;
5. Full-service restaurants are exempt from the requirements of this chapter if the full-service restaurant provides its employees an organic waste recycling bin or container to collect material purchased on the premises for immediate consumption and implements a program to collect recyclable organic waste; Item Number: 11.
6. Multifamily residential dwellings are not required to divert food waste under subsection B. Multifamily residential dwellings are required to divert landscaping or yard trimmings;
7. A business that is a multifamily dwelling is not required to arrange for the organic waste recycling services specified in subsection B for food waste that is generated by the business;
8. When arranging for gardening or landscaping services, the contract or work agreement between a business subject to this section and a gardening or landscaping service shall require that the organic waste generated by those services be managed in compliance with this chapter. (Ord. 731 2-16-21)
8.10.030 Additional regulations. Requirements for commercial businesses.
The City Manager or designee may adopt necessary forms, rules, regulations, and guidelines that may be necessary or desirable to aid in the administration or enforcement of the provisions of this chapter.
Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, shall:
A. Subscribe to City’s collection services as described in chapter 8.04. of this code. City shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Commercial Businesses shall adjust their service level for their collection services as requested by the City.
B. Except Commercial Businesses that meet the Self-Hauler requirements in Section 8.10.080 of this chapter, participate in the City’s waste collection service(s) by placing designated materials in designated containers as described below.
1. A three-container collection service (Blue Container, Green Container, Brown Container and Gray Container). Generator shall place Source Separated Green Container Organic Waste, including Food Waste in bags, in the Green Container; Source Separated Recyclable Materials in the Blue Container; Source Separated Food Scraps in the Brown Container, and Gray Container Waste in the Gray Container. Generator shall not place materials designated for the Gray Container into the Green Container, Brown container or Blue Container.
C. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with the City’s Blue Container, Green Item Number: 11.
Container, Brown Container, and Gray Container collection service or, if selfhauling, per the Commercial Businesses’ instructions to support its compliance with its self-haul program, in accordance with Section 8.10.080.
D. Excluding Multi-Family Residential Dwellings, provide containers for the collection of Source Separated Green Container Organic Waste, Source Separated Brown Container Food Scraps, and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
1. A body or lid that conforms with the container colors provided through the collection service provided by the City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
2. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
E. Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirement in Section 6(d) pursuant to 14 CCR Section 18984.9(b).
F. To the extent practical through education, training, Inspection, and/or other measures, excluding Multi-Family Residential Dwellings, prohibit employees from placing materials in a container not designated for those materials per the City’s Blue Container, Green Container, and Gray Container collection service or, if self-hauling, per the Commercial Businesses’ instructions to support its compliance with its self-haul program, in accordance with Section
8.10.080.
G. Excluding Multi-Family Residential Dwellings, periodically inspect Blue Containers, Green Containers, Brown Containers, and Gray Containers for contamination and inform employees if containers are contaminated and of the Item Number: 11.
requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
H. Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste, Source Separated Brown Container Food Scraps, and Source Separated Recyclable Materials.
I. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Green Container Organic Waste, Source Separated Brown Container Food Scraps, and Source Separated Recyclable Materials separate from Gray Container Waste and the location of containers and the rules governing their use at each property.
J. Provide or arrange access for the City or its agent to their properties during all Inspections to confirm compliance with the requirements of this chapter and SB 1383 Regulations.
K. If a Commercial Business wants to self haul, meet the Self-Hauler requirements in Section 8.10.080 of this ordinance.
L. Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
M. Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Section 8.10.050.
8.10.040 Fee collection. Waivers for generators.
The City Manager or designee may implement a system allowing for the City to charge and collect a fee from businesses that are subject to this chapter in order to recover the City’s costs in complying with the commercial solid waste and organics recycling requirements set forth in California Public Resources Code Chapters 12.8 and
12.9. A. The City may waive a Commercial Business’ obligation (including Multi-Family Residential Dwellings) to comply with some or all of the Organic Waste requirements of this ordinance if the Commercial Business provides documentation that the business generates below a certain amount of Organic Item Number: 11.
Waste material as described in Section 8(a)(2) below. Commercial Businesses requesting a de minimis waiver shall:
1. Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in Section 8(a)(2) below.
2. Provide documentation that either:
a. The Commercial Business’ total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 20 gallons per week per applicable container of the business’ total waste; or, b. The Commercial Business’ total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 10 gallons per week per applicable container of the business’ total waste.
3. Notify the City if circumstances change such that Commercial Business’s Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded.
4. Provide written verification of eligibility for de minimis waiver every 5 years, if the City has approved de minimis waiver.
B. Physical Space Waivers. The City may waive a Commercial Business’ or property owner’s obligations (including Multi-Family Residential Dwellings) to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of this chapter.
C. A Commercial Business or property owner may request a physical space waiver through the following process:
1. Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
2. Provide documentation that the premises lacks adequate space for Blue Containers and/or Green Containers including documentation from its hauler, licensed architect, or licensed engineer.
3. Provide written verification to the City that it is still eligible for physical space waiver every five years, if the City has approved application for a physical space waiver.
Item Number: 11.
D. Review and Approval of Waivers by the City. The City Manager or designee shall review and approve waivers. The City Manager or designee may revoke a waiver upon a determination that any of the circumstances justifying a waiver are no longer applicable.
8.10.050 Education. Commercial edible food generators.
The City Manager or designee shall work with the City’s authorized waste collection contractor to conduct outreach and educate businesses subject to the requirements of this chapter about its requirements and facilitate compliance.
A. Tier One Commercial Edible Food Generators must comply with the requirements of this Section 9 commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
B. Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this section, commencing January 1, 2024.
C. Commercial Edible Food Generators shall comply with the following requirements:
1. Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
2. Contract with, or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.
3. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
4. Allow the City’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.
5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
Item Number: 11.
a. A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
c. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
i. The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
ii. The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization. iii. The established frequency that food will be collected or self-hauled.
iv. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
D. Nothing in this ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
8.10.060 Enforcement. Food recovery organizations and services.
A. The City Manager or designee is authorized to administer and enforce the provisions of this chapter.
B. It is unlawful and a public nuisance to violate or fail to comply with any provision this chapter. A new and separate offense occurs for each day during any portion of which a violation of or failure to comply with this chapter is committed, continued, maintained, caused, or permitted.
Item Number: 11.
C. The City may enforce this chapter through any remedies permitted by law, including, but are not limited to, the remedies in Title 1 and Title 4 of this code. The remedies provided for herein shall be cumulative and not exclusive.
A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
1. The name, address, and contact information for each
Commercial Edible Food Generator from which the service collects Edible Food.
2. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
3. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
4. The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.
B. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
1. The name, address, and contact information for each
Commercial Edible Food Generator from which the organization receives Edible Food.
2. The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
3. The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery.
C. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the City it is located in the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b).
Item Number: 11.
D. Food Recovery Capacity Planning
1. Food Recovery Services and Food Recovery Organizations. In order to support Edible Food Recovery capacity planning assessments or other studies, Food Recovery Services and Food Recovery Organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the Jurisdiction and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City.
8.10.070 Haulers and Facility Operators.
A. Requirements for Haulers.
1. Haulers contracted by the City to provide residential, Commercial, or industrial Organic Waste collection services to generators within the City’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the City to collect Organic Waste:
a. Through written notice to the Jurisdiction annually
identify the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials, Source Separated Green Container Organic Waste, and Mixed Waste.
b. Transport Source Separated Recyclable Materials,
Source Separated Green Container Organic Waste, and Mixed Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in the SB 1383
Regulations.
c. Obtain approval from the City to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1 and the provisions of this code.
B. Requirements for Facility Operators and Community Composting Operations.
Item Number: 11.
1. Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, invessel digestion facilities, and publicly-owned treatment works shall, upon the City’s request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within 60 days.
2. Community Composting operators, upon the City’s request, shall provide information to the Jurisdiction to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the City shall respond within 60 days.
8.10.080 Self-Hauler Requirements.
A. Self-Haulers shall source separate all non-organic recyclable materials and Organic Waste generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.
B. Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, SelfHaulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.
C. Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the City. The records shall include the following information:
1. Delivery receipts and weight tickets from the entity accepting the waste.
2. The amount of material in cubic yards or tons transported by the generator to each entity.
3. If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the SelfHauler’s vehicle in a manner that allows it to determine the weight of Item Number: 11.
materials received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste.
4. Within thirty (30) days following the end of each calendar month, Self Haulers shall report to City the amount of Organic Waste in cubic yards or tons delivered to each Solid Waste facility and the name of each Solid Waste facility.
D. A residential Organic Waste Generator that self hauls Organic Waste is not required to record or report information in this section.
8.10.090. Compliance with CALGreen Recycling Requirements A. Persons applying for a permit from the City for new construction and building additions and alternations shall comply with the requirements of this Section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen. If the requirements of CALGreen are more stringent then the requirements of this section, the CALGreen requirements shall apply.
Project applicants shall refer to City’s building and/or planning code for complete CALGreen requirements.
B. For projects covered by CALGreen, the applicants must, as a condition of the City’s permit approval, comply with the following:
1. Where five (5) or more Multi-Family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of Blue Container and Green Container materials, consistent with the three-container collection program offered by the City, or comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.
2. New Commercial construction or additions resulting in more than 30% of the floor area shall provide readily accessible areas identified for the storage and collection of Blue Container and Green Container materials, consistent with the three-container collection program offered by the City, or shall comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 Item Number: 11.
of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.
3. Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of Organic Waste in C&D from disposal. Comply with chapter 8.08 of this code, and all written and published Jurisdiction policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.
C. Refer to Municipal Code Chapter 8.08 for further requirements related to recycling and diversion of waste from Construction and Demolition.
8.10.110 Inspections and investigations.
A. City representatives and/or its designated entity, including Designees are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this ordinance by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, SelfHaulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This section does not allow the City to enter the interior of a private residential property for Inspection.
B. Regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the City’s employee or its designated entity/Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this ordinance described herein. Failure to provide or arrange for: (i) access to an entity’s premises; or (ii) access to records for any Inspection or investigation is a violation of this ordinance and may result in penalties described.
C. Any records obtained by the City during its Inspections, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
Item Number: 11.
D. City representatives, its designated entity, and/or Designee are authorized to conduct any Inspections, or other investigations as reasonably necessary to further the goals of this ordinance, subject to applicable laws.
E. City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.
8.10.120 Enforcement.
A. The City may take Enforcement Actions under this chapter, including the issuance of an administrative citation and assessment of a fine. The City’s procedures on imposition of administrative fines under Chapter 4.24 of this code are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this ordinance, except as otherwise indicated in this ordinance.
B. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of City staff and resources.
C. Responsible Entity for Enforcement. Enforcement pursuant to this chapter may be undertaken by the City Enforcement Official, which may be the city manager or their designated entity, legal counsel, or combination thereof.
D. Process for Enforcement
1. City Enforcement Official and/or their Designee will monitor compliance with the ordinance randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program.
2. The City may issue an official notification to notify regulated entities of its obligations under this code.
3. For incidences of Prohibited Container Contaminants found in containers, Jurisdiction will issue a Notice of Violation to any generator found to have Prohibited Container Contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the Prohibited Container Contaminants or within ___ days after determining that a violation has occurred. If the City observes Prohibited Container Item Number: 11.
Contaminants in a generator’s containers on more than three (3) occasion(s), the City may assess contamination processing fees or contamination penalties on the generator.
4. With the exception of violations of generator contamination of container contents addressed under Section 8.10.120(D)(3), City shall issue a Notice of Violation requiring compliance within 60 days of issuance of the notice.
5. Absent compliance by the respondent within the deadline set forth in the Notice of Violation, the City shall commence an action to impose penalties, via an administrative citation and fine, pursuant to chapter 4.24 of this code.
Notices shall be sent to “owner” at the official address of the owner maintained by the tax collector for the City or if no such address is available, to the owner at the address of the dwelling or Commercial property or to the party responsible for paying for the collection services, depending upon available information
E. Penalty Amounts for Types of Violations
The penalty levels are as follows:
1. For a first violation, the amount of the base penalty shall be $50 to $100 per violation.
2. For a second violation, the amount of the base penalty shall be $100 to $200 per violation.
3. For a third or subsequent violation, the amount of the base penalty shall be $250 to $500 per violation.
F. Compliance Deadline Extension Considerations
The City may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with this chapter if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
2. Delays in obtaining discretionary permits or other government agency approvals; or,
Item Number: 11.
3. Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the Jurisdiction is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
G. Appeals Process
Consistent with chapter 4.24 of this code, persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with City’s procedures in the City’s codes for appeals of administrative citations. Evidence may be presented at the hearing. The City will appoint a hearing officer who shall conduct the hearing and issue a final written order.
H. Education Period for Non-Compliance
Beginning January 1, 2022 and through December 31, 2023, the City will conduct Inspections, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if the City determines that Organic Waste Generator, Self-Hauler, hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this ordinance and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.
I. Civil Penalties for Non-Compliance
Beginning January 1, 2024, if the City determines that an Organic Waste Generator, Self-Hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this ordinance, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to this section, as needed.
Section 5. CEQA
This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. § 15061(b)(3).) City staff shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.
Item Number: 11.
Section 6. 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 7. 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 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]
Item Number: 11.
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
Item Number: 11.
ATTEST:
____________________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
____________________________________
Jennifer A. Mizrahi, City Attorney
Item Number: 11.
SR-22-140
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: June 7, 2022
Department: Finance
Prepared by: Geoffrey Buchheim, Administrative Services Director Subject: Resolution of Intention to Annex One Parcel (Annexation No. 47) Located South of Two Bunch Palms Trail and East of Palm Drive (APN 656-040-052) to the City of Desert Hot Springs Community Facilities District No. 2010-1 (Services)
RECOMMENDATION:
Adopt a Resolution of the City Council of the City of Desert Hot Springs declaring its intention to annex territory to Community Facilities District No. 2010-1 (Services) of the City of Desert Hot Springs, adopting a map of the area proposed to be annexed (Annexation No. 47), and to authorize the levy of special taxes therein.
BACKGROUND:
On July 6, 2010, the City Council approved Resolution No. 2010-037 establishing Community Facilities District No. 2010-1 (Services) of the City of Desert Hot Springs (the "CFD No. 2010-1" or "District") for the purpose of levying special taxes on parcels of taxable property for the purpose of providing certain services which are necessary to meet increased demands placed upon the City. These maintenance services, include but are not limited to, the operation, administration and maintenance required to keep the landscaping, lighting, and maintenance and repair of public structures situated on parks, parkways, streets, roads, and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park, and the maintenance and operation of storm drainage and flood protection facilities, and drainage inlets and retention basins.
The Special Taxes levied by the District will provide funding for services and incidental expenses in connection with said services. It was anticipated that additional property would annex into CFD No. 2010-1 in future years as development continues. These annexed properties will be subject to the same special tax formula in the Rates and Method of Apportionment of Special Tax (“RMA”) as property that was included in the CFD No. 2010-1 at the time of its formation. As properties annex into CFD No. 2010-1, the City Council shall adopt annexation maps to reflect the inclusion of the Annexed Property.
DISCUSSION:
The services as described above may be funded with proceeds of the special tax of CFD No. 2010-1, as provided by Section 53313 of the California Government Code. The existing and new developments of residential and non-residential properties do not provide sufficient revenues to provide landscape maintenance and lighting services. The City formed CFD No. 2010-1 (Services) to address this shortfall, Item Number: 12.
SR-22-140
and to provide certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property.
Special Tax rates are based on District costs, maintenance category, as well as land use category.
These Special Tax rates are applied on a Benefit Unit (“BU”) basis determined by the property's Land Use Category, which are one (1) BU per single-family residential unit, six tenths (0.6) BU per multifamily unit, five (5) BUs per acre for commercial and hotel property, and two (2) BUs per acre for industrial and religious property. To accommodate the unknown maintenance costs of future projects, properties are assigned Maintenance Categories with a rate per BU for providing services to those parcels. There are 36 Maintenance Categories included in the Rates and Method of Apportionment.
These 36 Maintenance Categories range from $20.00 to $5,000.00 per BU, which is determined by their Land Use Category. After a Maintenance Category has been assigned, the Special Tax levied adjusts annually by the greater of the Consumer Price Index or two- and one-half percent at the beginning of each following fiscal year. The City can levy less than the maximum annual special tax if the full amount is not needed, but never more. Maintenance Category assignments can be seen in Exhibit C of the attached CFD No. 2010-1 Resolution. The proposed annexation to the District consists of approximately 1.54 acres.
This forty-seventh annexation to the District will increase CFD No. 2010-1 by one parcel, 1.54 nonresidential acres.
Subject to the approval of the City Council tonight, a public hearing on the annexation will be scheduled for Tuesday, June 21, 2022. This is a landowner election since there are fewer than 12 registered voters within the annexation area. Pursuant to waiver of election time limits from the landowner, a ballot will be mailed in advance of the public hearing. At the closing of the public hearing, an election of the qualified electors (landowners in the District) will be held to determine if the electors approve the annexation to the District and the levy of the special tax.
FISCAL IMPACT:
Currently, existing and new development generates insufficient General Fund revenues to pay for the General Fund expenses of serving the area. The District provides the City additional funding for a portion of landscape maintenance, lighting, and drainage basin service costs (i.e. landscaping, lighting, and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space). A portion of the operations funding will be derived from alternative funding sources including other special districts and the City's General Fund.
All costs associated with the annexation to CFD No. 2010-1 are to be paid for by the property owners/developers who are participating in the annexation to CFD No. 2010-1 through an application fee of $5,000. The costs associated with this annexation to CFD No. 2010-1 is paid by the property owner. The property owner is responsible for all costs and payment of associated levy amounts applied to the annual tax roll for maintenance services.
ATTACHMENTS:
Exhibit 1 - Resolution of Intent (CFD 2010-1 Annex 47- ROI) Exhibit 1A - Description of Territory (CFD 2010-1 Annex 47- ROI) Exhibit 1B - Boundary Map (CFD 2010-1 Annex 47- ROI)
Exhibit 1C - (C-1) RMA (CFD 2010-1 Annex 47- ROI)
Exhibit 1C - (C-2) RMA (CFD 2010-1 Annex 47- ROI)
Exhibit 1D - Notice (CFD 2010-1 Annex 47- ROI)
Item Number: 12.
SR-22-140
Exhibit 1E - Ballot (CFD 2010-1 Annex 47- ROI)
Exhibit 1F - Petition Waiver (CFD 2010-1 Annex 47- ROI) Exhibit 2 - Council Properties Map (CFD 2010-1 Annex 47- ROI) Exhibit 3 - Map of All CFD 2010-1 Annexations
Item Number: 12.
Resolution No. 2022-______
Date Adopted: June 7, 2022
RESOLUTION NO. 2022-_________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT HOT
SPRINGS DECLARING ITS INTENTION TO ANNEX TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2010-1 (SERVICES) OF THE
CITY OF DESERT HOT SPRINGS, ADOPTING A MAP OF THE AREA
PROPOSED TO BE ANNEXED (ANNEXATION NO. 47), AND TO
AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN
WHEREAS, on July 6, 2010 the City Council (the “City Council”) of the City of Desert Hot Springs (the “City”) approved Resolution No. 2010-037 establishing Community Facilities District No. 2010-1 (Services) of the City of Desert Hot Springs, County of Riverside, State of California (the "CFD No. 2010- 1") for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and
WHEREAS, the City Council called a special election for July 6, 2010, at which the questions of levying a special tax and establishing an appropriations limit with respect to the CFD No. 2010-1 were submitted to the qualified electors within the CFD No. 2010-1; and
WHEREAS, on July 6, 2010, the City Council adopted Resolution No. 2010-038 determining the results of the special election and finding that more than two-thirds (2/3) of all votes cast at the special election were cast in favor of the proposition presented, and such proposition passed; and WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the "Act"), to annex territory into an existing community facilities district by complying with the procedures set forth in said Article 3.5; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DESERT HOT
SPRINGS, ACTING EX OFFICIO AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT 2010-1 (SERVICES) OF THE CITY OF DESERT HOT SPRINGS, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Intent. The City Council hereby declares that it proposes and intends to conduct proceedings pursuant to Article 3.5 for the annexation to the Community Facilities District of the territory described in Exhibit "A" attached hereto. The City Council determines that the public convenience and necessity require that such territory be annexed to the Community Facilities District.
Section 2. Name of the Community Facilities District. The name of the existing community facilities district is known as “Community Facilities District No. 2010-1 (Services).” Section 3. Description of Territory Proposed to be Annexed, Annexation Map. The territory proposed to be annexed is included within the boundaries for which property may annex to CFD No. 2010-1 and are more particularly described and shown on that certain map entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2010-1 (Services) of the City of Desert Hot Springs, County of Riverside, State of California,” as recorded on June 8, 2010 in Book 74 of Maps of Assessment and Community Facilities District, Page 81, and as Instrument No. 2010-0263725 in the official records of the County of Riverside. The territory proposed to be annexed to the CFD No. 2010-1 is described in Exhibit "A" attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 47, Community Facilities District No. 2010-1 (Services), City of Desert Hot Springs, County of Riverside, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit B.
Item Number: 12.
Resolution No. 2022-______
Date Adopted: June 7, 2022
Section 4. Description of Authorized Services. The services proposed to be financed by CFD No. 2010-1 (the “Services”) include, without limitation, all necessary service, operation, administration and maintenance required to keep the lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park, and the maintenance and operation of storm drainage and flood protection facilities including, without limitation, drainage inlets and retention basins. The cost of providing the Services includes “incidental expenses,” which include costs associated with the creation of CFD No. 2010-1, determination of the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2010-1. The Services authorized to be financed by CFD No. 2010-1 are in addition to those currently provided in the territory of CFD No. 2010-1 and do not supplant services already available within that territory.
Section 5. Levy of Special Tax. Except where funds are otherwise available, a special tax sufficient to pay the costs of the Services (including incidental expenses), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2010-1, will be levied annually within the territory proposed to be annexed to the CFD No. 2010-1. Pursuant to Section 53340 of the California Government Code, and the special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. The rates and method of apportionment, and manner of collection of the special tax are specified in Exhibit C. The rate of special tax to be levied on property within the territory proposed to be annexed to CFD No. 2010-1 in any fiscal year to pay the cost of the services described in Section 4 above shall be equal to the rate of special tax which will be levied on all other property within the CFD No. 2010-1 to pay the cost of such services in such fiscal year.
Section 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the City Council adopts the Annexation Map as the map of the area proposed to be annexed to the CFD No. 2010-1. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation map in his office and shall file a copy of the Annexation Map with the County Recorder of the County of Riverside no later than fifteen days prior to the date of the hearing specified in Section 7 hereof.
Section 7. Public Hearing. The City Council hereby fixes 6:00 p.m., or as soon thereafter as practicable, on June 7, 2022, in the City Council Chambers located at 11-999 Palm Drive, Desert Hot Springs, California 92240, as the time and place when and where the City Council will conduct a public hearing on the proposed annexation of said territory to the CFD No. 2010-1.
Section 8. Notice of Public Hearing. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing, in substantially the form attached hereto as Exhibit D, one time in a newspaper of general circulation published in the area of CFD No. 2010-1. The publication of said notice shall be completed at least seven days prior to the date herein fixed for said hearing. Said notice shall contain the information prescribed by Section 53322 of the Act.
Section 9. Mailing Ballots. In anticipation of its action on Tuesday, June 21, 2022, to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the City Council hereby authorizes the City Clerk to mail to each landowner in the territory proposed to be annexed to the CFD No. 2010-1 a ballot in substantially the form set forth in Exhibit E hereto. A copy of the petition, waiver and consent form signed by the property owner is attached hereto as Exhibit F and incorporated herein by this reference.
Item Number: 12.
Resolution No. 2022-______
Date Adopted: June 7, 2022
Section 10. Effective Date. This Resolution shall take effect immediately upon its passage.
Dated: June 7, 2022
PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a special meeting held on this seventh day of June 2022 by the following vote:
AYES:
NAYS:
ABSENT:
ATTEST: APPROVED:
Jerryl Soriano, City Clerk Scott Matas, Mayor
APPROVED AS TO FORM:
Jennifer Mizrahi, City Attorney
Item Number: 12.
Resolution No. 2022-______
Date Adopted: June 7, 2022
CERTIFICATE OF CLERK
I, Jerryl Soriano, City Clerk of the City of Desert Hot Springs, do hereby certify that the foregoing is a full, true and correct copy of a resolution duly adopted at a regular meeting of the City Council of the City of Desert Hot Springs duly and regularly held at the regular meeting place thereof on June 7, 2022, of which meeting all of the members of said City Council had due notice, and at said meeting said resolution was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
I do hereby further certify that an agenda of said meeting was posted at least 72 hours before said meeting at 11-999 Palm Drive, Desert Hot Springs, CA 92240, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda.
I do hereby further certify that I have carefully compared the foregoing copy with the original minutes of said meeting on file and of record in my office; that said copy is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes; and that said resolution has not been amended, modified, rescinded or revoked in any manner since the date of its adoption, and the same is now in full force and effect.
Dated: June 7, 2022
City Clerk of the City of Desert Hot Springs
[SEAL]
Item Number: 12.
EXHIBIT A
DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
Item Number: 12.
EXHIBIT B
ANNEXATION MAP
Item Number: 12.
EXHIBIT C
COMMUNITY FACILITIES DISTRICT NO. 2010-1 (SERVICES)
RATE AND METHOD OF APPORTIONMENT
Item Number: 12.
EXHIBIT D
NOTICE OF PUBLIC HEARING
Item Number: 12.
EXHIBIT E
SPECIAL ELECTION BALLOT
Item Number: 12.
EXHIBIT F
WAIVER AND CONSENT RESPECTING CONDUCT OF
MAILED-BALLOT, LANDOWNER ELECTION
Item Number: 12.
EXHIBIT A
DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of Desert Hot Springs Community Facilities District No. 2010-1 (the “CFD No. 2010-1”) Annexation No. 47 is currently comprised of one (1) parcel, located within the City boundaries. The property is identified by the following Riverside County Assessor's Parcel Numbers (APN).
APN Owner Name
656-040-052 Desert Hot Springs, CA
(66675 Two Bunch Palms) LLC, an Illinois limited liability company Item Number: 12.
RECORDED THIS ____ DAY OF ___________,
20___, AT THE HOUR OF ____ O'CLOCK __M, IN
IN BOOK ___ PAGE ___ OF MAPS OF ASSESSMENT
AND COMMUNITY FACILITIES DISTRICTS IN THE
OFFICE OF THE COUNTY RECORDER, IN THE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.
FEE: ____________ NO.: _______________
PETER ALDANA, ASSESSOR, COUNTY CLERK,
RECORDER
BY: ______________________________________
DEPUTY
SHEET 1 OF 1 SHEET
M:\GIS-Assessment\DHS\Boundary_CFD2010-1_Annex47.mxd
656-040-052
PA
L
M
D
R
TWO BUNCH PALMS TRL
THIS ANNEXATION MAP CORRECTLY SHOWS THE LOT OR PARCEL
OF LAND INCLUDED WITHIN THE BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT. FOR DETAILS CONCERNING THE LINES AND
DIMENSIONS OF LOTS OR PARCELS REFER TO THE COUNTY
ASSESSOR'S MAPS FOR FISCAL YEAR 2021-2022.
ANNEXATION MAP NO. 47
THIS MAP SHOWS THE BOUNDARIES OF AREAS TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO.
2010-1 (SERVICES) OF THE CITY OF DESERT HOT
SPRINGS, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA. THE BOUNDARIES OF WHICH COMMUNITY
FACILITIES DISTRICT ARE SHOWN AND DESCRIBED
ON THE MAP THEREOF WHICH WAS PREVIOUSLY
RECORDED ON JUNE 8, 2010, IN BOOK 74 OF MAPS OF
ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS
AT PAGE 81 AND AS INSTRUMENT NO. 2010-0263725,
IN THE OFFICE OF THE COUNTY RECORDER OF THE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.
I HEREBY CERTIFY THAT THE WITHIN MAP OR AREAS
TO BE ANNEXED TO COMMUNITY FACILITIES
DISTRICT NO. 2010-1 (SERVICES) OF THE CITY OF
DESERT HOT SPRINGS, COUNTY OF RIVERSIDE, STATE
OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL
OF THE CITY OF DESERT HOT SPRINGS AT A REGULAR
MEETING THEREOF, HELD ON THE ___________ DAY OF
_____________________, 20___, BY ITS RESOLUTION
NO.________________.
______________________________
CITY CLERK
CITY OF DESERT HOT SPRINGS
FILED IN THE OFFICE OF THE CITY CLERK,
CITY OF DESERT HOT SPRINGS, THIS ____
DAY OF _______, 20___.
____________________________________
CITY CLERK
CITY OF DESERT HOT SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2010-1 (SERVICES)
CITY OF DESERT HOT SPRINGS
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
VICINITY MAP
NOT TO SCALE
0 300 600
Feet
TWO BUNCH PALMS TRL
PROJECT
15TH AVE
16TH AVE
PARK LN
HACIENDA AVE
P
O
M
E
L
O
D
R
B
O
B
C
AT
MISSION LAKE BLVD
M
O
U
N
TAIN
VIE
W
R
D
DESERT VIEW AVE
DILLON RD
PA
L
M
D
R
LIT
T
L
E
M
O
R
O
N
G
O
R
D
PIERSON BLVD
PARCEL IDENTIFICATION NUMBER
LEGEND
CFD BOUNDARY
PARCEL LINE
Item Number: 12.
EXHIBIT C-1
City of Desert Hot Springs C-1
Community Facilities District No. 2010-1 (Services)
RATES AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2010-1 (SERVICES)
OF THE CITY OF DESERT HOT SPRINGS
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2010-1 (Services), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2010, in an amount determined by the City Council of the City of Desert Hot Springs, acting ex officio as the legislative body of CFD No. 2010-1, by applying the rates and method of apportionment set forth below. All of the real property in CFD No. 2010-1, unless exempted by law or by the provisions herein, shall be taxed for the purposes, to the extent and in the manner provided herein.
A. DEFINITIONS
“Acre or Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator. “Administrative Expenses” means any ordinary and necessary expenses allocable to the Special Tax Requirement which are incurred by the City on behalf of CFD No. 2010-1 related to the determination of the amount of the levy of Special Tax, the collection of Special Tax including the expenses of collecting delinquencies, the payment of salaries and benefits of any City employee whose duties are directly related to the administration of CFD No. 2010-1, and costs otherwise incurred in order to carry out the authorized purposes relating to CFD No. 2010-1.
“Administrator” means the City of Desert Hot Springs City Manager of the City, or his or her designee.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of Riverside. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County.
“Assigned Special Tax” means the Special Tax for each Land Use Category of Taxable Property, as determined in accordance with Section C., below.
Item Number: 12.
City of Desert Hot Springs C-2
Community Facilities District No. 2010-1 (Services)
“Benefit Unit” means a single family residential lot or dwelling unit or the equivalent.
Single Family Property is assigned benefit units based on the number of Residential Units per Assessor’s Parcel with the basis being one (1) benefit unit per Residential Unit. MultiFamily Residential Property is assigned 60 percent of one benefit unit, or six-tenths (0.6) benefit units, per Residential Unit. Commercial Property is assigned benefit units based on acreage with the basis being five (5) benefit units per acre. Hotel Property is assigned benefit units based on acreage with the basis being five (5) benefit units per acre. Industrial Property is assigned benefit units based on acreage with the basis being two (2) benefit units per acre.
Religious Property is assigned benefit units based on acreage with the basis being two (2) benefit units per acre.
“CFD” or “CFD No. 2010-1” means the City of Desert Hot Springs Community Facilities District No. 2010-1 (Services).
“City” has the meaning set forth in the preamble.
“Commercial Property” means, in any Fiscal Year, any Assessor’s Parcel for which a building permit or use permit has been issued for a commercial establishment which includes, but is not limited to, retail stores, clothing stores, book stores, video rental stores, drug stores, professional services (i.e., barber shops, dry cleaners), restaurants, supermarkets, hospitals, movie theaters, appliance and electronic stores, home supply stores, auto parts stores, and other businesses providing auto-related products and services. The Administrator shall make the determination if an Assessor’s Parcel is Commercial Property. “County” means the County of Riverside
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision
“Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th.
“Hotel Property” means, in any Fiscal Year, any Assessor’s Parcel for which a building permit or use permit has been issued for a structure that constitutes a place of lodging providing sleeping accommodations and related facilities for travelers. The Administrator shall make the determination if an Assessor’s Parcel is Hotel Property. “Industrial Property” means, in any Fiscal Year, any Assessor’s Parcel for which a building permit or use permit has been issued for construction of an industrial, manufacturing, or warehousing structure. The Administrator shall make the determination if an Assessor’s Parcel is Industrial Property.
Item Number: 12.
City of Desert Hot Springs C-3
Community Facilities District No. 2010-1 (Services)
“Land Use Category” means any of the categories contained in Table 1 hereof to which a Parcel is assigned consistent with the land use approvals that have been received or proposed for the Parcel as of March 1 preceding the beginning of a Fiscal Year. “Maintenance Category” means any of the categories listed in Table 2 hereof to which an Assessor’s Parcel is assigned consistent with the rate per Benefit Unit for providing Services to said Assessor’s Parcel as determined by the Administrator. “Maximum Special Tax Rate(s)” means the Maximum Special Tax for each Land Use Category of Taxable Property, as determined in accordance with Section C., below. “Multi-Family Residential Property” means any Assessor’s Parcel of residential property that consists of a building or buildings comprised of attached Residential Units available for rental, but not purchase, by the general public and under common management. “Religious Property” means any Assessor’s Parcel used as a place of worship or for other religious activities. The Administrator shall make the determination if an Assessor’s Parcel is Religious Property.
“Residential Unit” means, for each Fiscal Year, a building or portion thereof on an Assessor’s Parcel intended for use by one (1) family and containing but one (1) kitchen, which is designed primarily for residential occupancy including single family and multifamily dwellings. Residential Unit shall not include hotels or motels which shall be classified as Hotel Property.
“Services” means those services authorized to be funded by CFD No. 2010-1 as set forth in the documents adopted by the City Council when the CFD was formed.. “Single Family Residential Property” means any residential property that consists of a building comprised of attached or detached residential units available for purchase or rent by the general public.
“Special Tax(es)” means the special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.
"Special Tax Requirement" means that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs of CFD No. 2010-1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for (i) Services, and (ii) Administrative Expenses. Under no circumstances shall the Special Tax Requirement include funds for Bonds.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2010-1, which are not Exempt Property.
Item Number: 12.
City of Desert Hot Springs C-4
Community Facilities District No. 2010-1 (Services)
B. ASSIGNMENT TO LAND USE AND MAINTENANCE CATEGORY
The Special Tax shall be levied annually upon each Assessor’s Parcel of Taxable Property for each Fiscal Year according to the Land Use Category and Maintenance Category assigned. Each Fiscal Year the Administrator shall identify the current Assessor’s Parcel Number assigned to all Assessor’s Parcels of Taxable Property within CFD No. 2010-1 and determine which Land Use Category each Assessor’s Parcel should be assigned to according to Table 1 below. The Administrator shall further assign the appropriate Maintenance Category contained in Table 2 according to the estimated cost for providing Services to the Assessor’s Parcel.
TABLE 1
Land Use Category
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs, California
Land Use
Category Description Benefit Unit(s)
A Single Family Residential Property One (1) / Residential Unit B Multi-Family Residential Property Six tenths (0.6) / Residential Unit C Commercial Property Five (5) / Acre
D Hotel Property Five (5) / Acre
E Industrial Property Two (2) / Acre
F Religious Property Two (2) / Acre
No Special Tax shall be levied on property which, at the time of adoption of the Resolution of Formation for CFD No. 2010-1, is an Exempt Property.
Item Number: 12.
City of Desert Hot Springs C-5
Community Facilities District No. 2010-1 (Services)
C. MAXIMUM SPECIAL TAX RATES
The Maximum Special Tax for each Assessor’s Parcel of Taxable Property assigned to each Maintenance Category shall be the greater of: (i) the applicable Assigned Special Tax described in Table 2 for such Maintenance Category or (ii) the amount derived by application of the Backup Special Tax.
a. Assigned Special Tax
The Assigned Special Tax for each Assessor’s Parcel of Taxable Property is shown in Table 2 is fixed and does not increase each Fiscal Year. For each Fiscal Year following the first Fiscal Year an Assessor’s Parcel is levied the applicable Assigned Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two and one half percent (2.50%), whichever is greater on each subsequent July 1 for the Fiscal Year then commencing.
b. Backup Special Tax
The Backup Special Tax shall equal the Assigned Special Tax that is applicable to an Assessor’s Parcel as determined for the current Fiscal Year the tax is calculated.
Notwithstanding the foregoing, if Assessor’s Parcels classified or to be classified as Taxable Property is subsequently changed or modified by recordation of a lot line adjustment or similar instrument, then the Backup Special Tax shall be recalculated for the area that has been changed or modified.
When a Final Map is recorded, the Backup Special Tax for an Assessor’s Parcel classified or to be classified as Commercial Property, Industrial Property, or Religious Property within such Final Map shall be determined by multiplying the Assigned Special Tax rate per Benefit Unit by the Proposed Benefit Units or Acreage of Commercial Property, Industrial Property, or Religious Property described in Table 4 of Section G., in such Final Map and dividing such amount by the number of Taxable Acres classified or to be classified as Commercial Property, Industrial Property, or Religious Property (i.e., the number of acres) within such Final Map.
When a Final Map is recorded, the Backup Special Tax for an Assessor’s Parcel classified or to be classified as Single Family Residential Property or Multi-Family Residential Property within such Final Map shall be determined by multiplying the Assigned Special Tax rate per Benefit Unit by the Proposed Benefit Units of Single Family Residential Property or MultiFamily Residential Property described in Table 4 of Section G., in such Final Map and dividing such amount by the number of Assessor’s Parcels classified or to be classified as Single Family Residential Property or Multi-Family Residential Property (i.e., the number of single family residential lots) within such Final Map.
For each Fiscal Year following Fiscal Year 2010-2011 the Backup Special Tax shall increase by the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or by two and one half percent (2.50%), whichever is greater.
Item Number: 12.
City of Desert Hot Springs C-6
Community Facilities District No. 2010-1 (Services)
TABLE 2
Assigned Special Tax Rates
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs, California
Maintenance
Category
Assigned Special Tax
Rate Per Benefit Unit
1 $20.00
2 $30.00
3 $40.00
4 $50.00
5 $60.00
6 $70.00
7 $80.00
8 $90.00
9 $100.00
10 $150.00
11 $200.00
12 $250.00
13 $300.00
14 $350.00
15 $400.00
16 $450.00
17 $500.00
18 $550.00
19 $600.00
20 $650.00
21 $700.00
22 $750.00
23 $800.00
24 $850.00
25 $900.00
26 $950.00
27 $1,000.00
28 $1,250.00
29 $1,500.00
30 $2,000.00
31 $2,500.00
32 $3,000.00
33 $3,500.00
34 $4,000.00
35 $4,500.00
36 $5,000.00
Item Number: 12.
City of Desert Hot Springs C-7
Community Facilities District No. 2010-1 (Services)
TABLE 3
Assignment to Land Use Category
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs, California
Assessor Parcel No. Land Use Category Maintenance Category 665-030-064 E 31
D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX
For each Fiscal Year, the City shall determine the total amount of the Special Tax Requirement to be levied and collected to pay the costs of providing the Services during the Fiscal Year and shall levy the Special Tax as determined by the actual cost of providing services as shown in Exhibit A on all Assessor’s Parcels in all Land Use Categories and Maintenance Categories at the rates necessary to fully fund such costs; provided that such rates shall not exceed the Maximum Special Tax Rates for the Fiscal Year. In levying the Special Tax to fund the costs of providing the Services in each Fiscal Year, the City shall (a) determine the cost of providing the Services and the amount of the Special Tax per Benefit Unit to be levied on Assessor’s Parcels in each Maintenance Category to provide such Services; (b) levy the Special Tax on all Assessor’s Parcels in each Maintenance Category, as then applicable, based on the Benefit Units assigned to such Assessor’s Parcels depending on the Land Use Categories to which they are assigned. The amount of the Special Tax to be levied on any Assessor’s Parcel in any Fiscal Year shall be the total of the rates of Special Tax determined pursuant to clauses (a) and (b) above, to the extent that such clauses are applicable to the Assessor’s Parcel, based on the Land Use Category and Maintenance Category to which the Assessor’s Parcel is assigned and the Services which must be funded from the total amount of the Special Tax per Benefit Unit to be levied on all Assessor’s Parcels in the same Maintenance Category to fund the costs of such Services.
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2010-1 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services. Based on this analysis, the property to be annexed will be assigned to the appropriate Maintenance Category and the appropriate Assigned Tax rate contained in Table 2.
F. TERM OF SPECIAL TAX
For each Fiscal Year, the Special Tax shall be levied in perpetuity as long as the Services are being provided.
Item Number: 12.
City of Desert Hot Springs C-8
Community Facilities District No. 2010-1 (Services)
G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2010-1, any Assessor’s Parcel in any of the following categories; (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) Assessor’s Parcels which are privately owned but are encumbered by or restricted solely for public uses; or (iv) any Assessor’s Parcel which is in use in the performance of a public function as determined by the Administrator.
Notwithstanding the foregoing, the classification of Exempt Property shall not reduce the Benefit Units or Acreage to less than the amount shown in Table 4 below.
TABLE 4
Proposed Benefit Units and Acreage
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs, California
Assessor Parcel No. Benefit Units Acreage
665-030-064 6.28 3.14
H. APPEALS
Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2010-1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).
I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2010-1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations.
Item Number: 12.
Item Number: 12.
Item Number: 12.
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #3 – March 2013
Assessor’s Parcel No. Land Use Category Maintenance Category Benefit Units Acreage 641-251-017 C 10 9.35 1.87
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #4 – September 2014
Assessor’s Parcel No. Land Use Category Maintenance Category Benefit Units Acreage 663-290-003 C 25 34.05 6.81
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #5– August 2015
Assessor’s Parcel No. Land Use Category Maintenance Category Benefit Units Acreage 656-020-037 C 16 36.05 7.21
Item Number: 12.
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #6 – September 2015
Assessor’s Parcel No. Land Use Category Maintenance
Category Benefit Units Acreage
642-162-017 C 23 3.8 0.76
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #7 – Failed
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #8 – December 2016
Assessor’s Parcel No. Land Use Category Maintenance Category Benefit Units Acreage 657-030-057 C 19 5.35 1.07
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #9 – May 2017
Assessor’s Parcel
No. Land Use Category Maintenance Category Benefit Units Acreage 665-030-062 E 34 2.14 1.07
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #10 – Failed
Item Number: 12.
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #11 – May 2017
Assessor’s Parcel No. Land Use Category Maintenance Category Benefit Units Acreage 665-030-063 E 35 7.56 3.78
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #12 – Failed
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #13 – May 2017
Assessor’s Parcel No. Land Use Category Maintenance Category Benefit Units Acreage 665-080-013 E 32 18.84 9.42
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #14 – March 2018
Assessor’s Parcel No. Land Use Category Maintenance Category Benefit Units Acreage 641-101-005 C 36 .90 0.18
641-101-006 C 36 .75 0.15
Item Number: 12.
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #15 – September 2017
Assessor’s Parcel No. Land Use Category Maintenance Category Benefit Units Acreage 665-030-058 E 36 4.26 2.13
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #16 – June 2017
Assessor’s Parcel No. Land Use Category Maintenance Category Benefit Units Acreage 660-160-010 C 32 6.25 1.25
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #17 – June 2017
Assessor’s Parcel No. Land Use Category Maintenance Category Benefit Units Acreage 665-030-017 E 31 2.52 1.26
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #18 – June 2017
Assessor’s Parcel No. Land Use Category Maintenance Category Benefit Units Acreage 665-030-049 E 36 2.52 1.26
Item Number: 12.
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #19 – June 2017
Assessor’s Parcel No. Land Use Category Maintenance Category Benefit Units Acreage 663-270-004 E 31 29.24 14.62
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #20 – Failed
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #21 – June 2017
Assessor’s Parcel No. Land Use Category Maintenance Category Benefit Units Acreage 641-092-049 C 34 2.55 0.51
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #22 – January 2018
Assessor’s Parcel No. Land Use Category Maintenance Category Benefit Units Acreage 665-030-037 E 34 5.04 2.52
Item Number: 12.
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #23 – October 2017
Assessor’s Parcel No. Land Use Category Maintenance Category Benefit Units Acreage 663-280-025 C 28 91.25 18.25
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #24 – November 2017
Assessor’s Parcel No. Land Use Category Maintenance Category Benefit Units Acreage 665-030-060 C 31 9.05 1.81
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #25 – January 2018
Assessor’s Parcel No. Land Use Category Maintenance Category Benefit Units Acreage 665-040-017 E 36 2.52 1.26
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #26 – January 2018
Assessor’s Parcel No. Land Use Category Maintenance Category Benefit Units Acreage 665-110-004 C 36 187.15 37.43
Item Number: 12.
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #27 – November 2017
Assessor’s Parcel No. Land Use
Category Maintenance Category Benefit Units Acreage
666-340-004 E 31 247.82 123.91
666-340-006 E 31 59.04 29.52
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #28 – March 2018
Assessor’s Parcel No. Land Use
Category Maintenance Category Benefit Units Acreage
665-050-021 E 36 2.24 1.12
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #29 – May 2018
Assessor’s Parcel No. Land Use
Category Maintenance Category Benefit Units Acreage
666-370-012 E 36 9.42 4.71
666-370-013 E 36 18.80 9.40
666-370-014 E 36 18.78 9.39
666-370-015 E 36 9.36 4.68
Item Number: 12.
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #30 – May 2018
Assessor’s Parcel No. Land Use
Category Maintenance Category Benefit Units Acreage
663-270-001 C 29 48.75 9.75
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #31 – June 2018
Assessor’s Parcel No. Land Use
Category Maintenance Category Benefit Units Acreage
663-280-005 E 36 19.54 9.77
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #32 – January 2019
Assessor’s Parcel No. Land Use
Category Maintenance Category Benefit Units Acreage
639-281-001 C 36 .75 .15
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Proposed Annexation #33 – On Hold
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Proposed Annexation #34 – On Hold
Item Number: 12.
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #35 – November 2019
Assessor’s Parcel No. Land Use
Category Maintenance Category Benefit Units Acreage
665-030-051 E 36 2.14 1.07
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #36 – November 2019
Assessor’s Parcel No. Land Use
Category Maintenance Category Benefit Units Acreage
665-030-052 E 36 2.14 1.07
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Annexation #37 – January 2020
Assessor’s Parcel No. Land Use
Category Maintenance Category Benefit Units Acreage
665-110-006 E 36 32 16
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Proposed Annexation #38 – On Hold
Item Number: 12.
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Proposed Annexation #39 – July 2021
Assessor’s Parcel No. Land Use
Category Maintenance Category Benefit Units Acreage
641-041-044 C 19 1.5 0.3
641-041-045 C 19 1.5 0.3
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Proposed Annexation #40 – On Hold
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Proposed Annexation #41 – June 2021
Assessor’s Parcel No. Land Use
Category Maintenance Category Benefit Units Acreage
656-470-001 A 16 1 0.21
656-470-002 A 16 1 0.17
656-470-003 A 16 1 0.17
656-470-004 A 16 1 0.17
656-470-005 A 16 1 0.17
656-470-006 A 16 1 0.17
656-470-007 A 16 1 0.17
656-470-008 A 16 1 0.17
656-470-009 A 16 1 0.17
656-470-010 A 16 1 0.17
656-470-011 A 16 1 0.17
656-470-012 A 16 1 0.17
656-470-013 A 16 1 0.19
656-470-014 A 16 1 0.17
656-470-015 A 16 1 0.17
656-470-016 A 16 1 0.17
656-470-017 A 16 1 0.17
656-470-018 A 16 1 0.17
656-470-019 A 16 1 0.17
656-470-020 A 16 1 0.17
656-470-021 A 16 1 0.17
656-470-022 A 16 1 0.17
656-470-023 A 16 1 0.17
Item Number: 12.
Assessor’s Parcel No. Land Use
Category Maintenance Category Benefit Units Acreage
656-470-024 A 16 1 0.17
656-470-025 A 16 1 0.17
656-470-026 A 16 1 0.17
656-470-027 A 16 1 0.17
656-470-028 A 16 1 0.28
656-470-029 A 16 1 0.19
656-470-030 A 16 1 0.17
656-470-031 A 16 1 0.17
656-470-032 A 16 1 0.17
656-470-033 A 16 1 0.17
656-470-034 A 16 1 0.17
656-470-035 A 16 1 0.17
656-470-036 A 16 1 0.17
656-470-037 A 16 1 0.17
656-470-038 A 16 1 0.17
656-470-039 A 16 1 0.17
656-470-040 A 16 1 0.17
656-470-041 A 16 1 0.17
656-480-001 A 16 1 0.19
656-480-002 A 16 1 0.20
656-480-003 A 16 1 0.20
656-480-004 A 16 1 0.19
656-480-005 A 16 1 0.19
656-480-006 A 16 1 0.28
656-480-007 A 16 1 0.17
656-480-008 A 16 1 0.17
656-480-009 A 16 1 0.17
656-480-010 A 16 1 0.17
656-480-014 A 16 1 0.17
656-480-015 A 16 1 0.17
656-480-016 A 16 1 0.17
656-480-017 A 16 1 0.17
656-480-018 A 16 1 0.17
656-480-029 A 16 1 0.18
656-480-030 A 16 1 0.18
656-480-036 A 16 1 0.25
656-480-037 A 16 1 0.27
656-480-038 A 16 1 0.25
656-480-039 A 16 1 0.19
656-490-001 A 16 1 0.17
656-490-002 A 16 1 0.17
656-490-013 A 16 1 0.18
656-490-014 A 16 1 0.17
656-490-015 A 16 1 0.17
656-490-016 A 16 1 0.17
Item Number: 12.
Assessor’s Parcel No. Land Use
Category Maintenance Category Benefit Units Acreage
656-490-029 A 16 1 0.17
656-490-030 A 16 1 0.17
656-490-031 A 16 1 0.17
656-490-032 A 16 1 0.17
656-490-033 A 16 1 0.17
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Proposed Annexation #42 – September 2021
Assessor’s Parcel No. Land Use
Category Maintenance Category Benefit Units Acreage
665-030-064 E 31 6.28 3.14
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Proposed Annexation #43 – December 2021
Assessor’s Parcel No. Land Use
Category Maintenance Category Benefit Units Acreage
664-144-005 C 31 0.9 0.18
644-151-004 C 31 1.7 0.34
644-151-005 C 31 1.5 0.30
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Proposed Annexation #44 – On Hold
Assessor’s Parcel No. Land Use
Category Maintenance Category Benefit Units Acreage
666-310-011 E 36 26.32 13.16
Item Number: 12.
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Proposed Annexation #45 – December 2021
Assessor’s
Parcel No. Land Use Category Maintenance Category
Benefit
Units Acreage
639-212-019 C 36 0.90 0.18
639-212-020 C 36 0.80 0.16
639-212-021 C 36 0.80 0.16
639-212-022 C 36 0.80 0.16
639-212-023 C 36 0.90 0.18
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Proposed Annexation #46 – On hold
Assessor’s
Parcel No. Land Use Category Maintenance Category
Benefit
Units Acreage
656-020-045 C 33 10.05 2.01
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs
Assignment to Maintenance Category
Proposed Annexation #47 – In progress
Assessor’s
Parcel No. Land Use Category Maintenance Category
Benefit
Units Acreage
656-040-052 C 36 7.70 1.54
Item Number: 12.
EXHIBIT D
NOTICE OF PUBLIC HEARING ON RESOLUTION OF INTENTION TO ANNEX
TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT
NOTICE IS HEREBY GIVEN that the City Council of the City of Desert Hot Springs on June 7, 2022, adopted its Resolution No. 2022-____, on file with the City Clerk, in which it declared its intention to annex territory to existing Community Facilities District No. 2010-1 (Services) (the "CFD No. 2010-1"), and to levy a special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed, specifies the type of services to be financed, and describes the rates and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2010-1 is proposed. For further details, the resolution is available at the Office of the City Clerk, 11-999 Palm Drive, Desert Hot Springs, CA 92240.
NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 6:00 p.m., or as soon thereafter as practicable, on Tuesday, June 21, 2022, in the City Council Chambers located at 11-999 Palm Drive, Desert Hot Springs, CA 92240, as the time and place when and where the City Council will conduct a public hearing on the proposed annexation of said territory to the CFD No. 2010-1. At the hearing, the testimony of all interested persons for or against the annexation of the territory or the levying of the special taxes will be heard.
DATED: ____________, 2022 _________________________________________ City Clerk of the City of Desert Hot Springs
Item Number: 12.
SPECIAL TAX ELECTION
CITY OF DESERT HOT SPRINGS
ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2010-1 (SERVICES)
ANNEXATION NO. 47
(June 21, 2022)
This ballot is for the use of the authorized representative of the following owner of land within the City of Desert Hot Springs Community Facilities District No. 2010-1 (Services) (“CFD No. 2010-1”) Annexation No. 47:
Name of Landowner Number of Acres Owned Total Votes
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of Desert Hot Springs (the “City”), the abovenamed landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcel identified below, which parcel is located within the territory proposed to be annexed to the CFD No. 2010-1, City of Desert Hot Springs, County of Riverside, State of California. Please advise the City Clerk, at (760) 329-6411 – Ext. 107, if the name set forth below is incorrect or if you are no longer one of the owners of this parcel. This special tax ballot may be used to express either support for, or opposition to, the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail in an adequate amount of time so that the City Clerk receives the signed ballot no later than June 21, 2022, the date set for the election.
Personal
Delivery: If in person, deliver to the City Clerk’s office (11-999 Palm Drive, Desert Hot Springs, 92240) any time before 4:00 p.m. on June 21, 2022. If after 4:00 p.m., please deliver to the City Clerk, at the City Council Chambers (11-999 Palm Drive, Desert Hot Springs, 92240) no later than 6:00 p.m.
However delivered, this ballot must be received by the City Clerk prior to the close of the public meeting on June 21, 2022.
Very truly yours,
Geoffrey Buchheim
Administrative Services Director
Item Number: 12.
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2010-1 (SERVICES)
ANNEXATION NO. 47
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
SPECIAL TAX BALLOT MEASURE
MARK “YES” OR “NO”
WITH AN “X”:
Shall the City Council of the City of Desert Hot Springs be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex Territory to Community Facilities District No. 2010-1 (Services) adopted by the City Council on June 7, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 47 of Community Facilities District No. 2010-1 (Services) City of Desert Hot Springs, County of Riverside,” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses)? YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__.
Owner Name,
Signature
Print Name
Title
Item Number: 12.
I
.
-I-I-'-II-'I-I j —j
jltltn Iw‘ —-1 Fr
-'I Erlu?-I II-I-II--I1.?_u"'I.-Iu?huhu?u
jjjj nj. Fi?‘.-.
1 -.—III—|--‘.':I.|---lul-|.II. H.-I-lull--L
—'Fq-—q—-Z.~q _’
H?ihijijd-jj?j‘ji'i.j
‘H—4—I _Z__I
jlmjn
—I—I-iII-II-I-I-I-I--.u.-rI.- -I-.-.--.|.-nun.
jZjh&h !:—I—'jhI
—" -""'-II'n"u"-II-L'II -'-iii-IL
in-j—jT.j.j12j —Z
1-I-é-1 I»-I'll.-.I.-|'I—I-h--I
T2 I—?ZFrHHF‘
-I-. -I-I—|uiI.iI.h.|-"I-_I:-I-I.I..'1. T-T FF jTT
jI H ‘ia--—hh_
2 ‘— Tlnjnln?j?;
'I.IyF_:IH'-_IZr
Item Number: 12.
65‘
Item Number: 12.
j .
T 1-: XI":
Item Number: 12.
an
Item Number: 12.
CFD 2010-1 Annexation 47
Council Member Properties
Source: County of Riverside GIS, 2021.
18TH AVE
IRONWOOD DR
CFD 2010-1
Annexation 47
20TH AVE
PALM DR
I 10
VARNER RD
MIHALYO RD
PALM DR
VERBENA DR
15TH
AVE
14TH AVE (TWO BUNCH PALMS TRL) MONUMENT
ST
PAUL RD
DILLON RD
CABOT RD
I 10
L TI TLE MORONGO RD
MESQUITE AVE
HACIENDA AVE
1ST ST PIERSON BLVD
SANTA CRUZ RD
MISSION LAKES BLVD
N INDIAN CANYON DR
VALENCIA DR
8TH ST
4TH ST
ACOMA AVE
MOUNTAIN VIEW RD
M:\GIS-Assessment\DHS\CouncilProperties_
CFD2010-1_
Annex47.mxd; Map revised Sept. 12, 2019 0 6,000 12,000 Feet
CITY OF DESERT HOT SPRINGS
LEGEND
City Boundary
Annex 47 - East of Palm Dr & South of Two Bunch Palms Trl Council Member's Property
500 Foot Buffer
JP - Jan Pye
GG - Gary Gardner
RB - Russell Betts
SM - Scott Matas
RN - Roger Nunez
Item Number: 12.
COMMUNITY FACILITIES DISTRICT 2010-1
Source: Riverside Co. GIS, July 2021.
Original
Annex
06 Annex
05 Annex
03 Annex
08 Annex
09 Annex
04 Annex
23 Annex
30 Annex
19 Annex
24 Annex
17 Annex
Annex 22
11 Annex
21 Annex
18 Annex
29 Annex
27 Annex
14 Annex
32 Annex
08 Annex
22 Annex
28 Annex
13 Annex
16 Annex
01 Annex
01 Annex
37 Annex
35 Annex
36 Annex
39 Annex
40 Annex
41 Annex
43 Annex
26 Annex
42 Annex 45
(Part of Annex 01)
Annex
47 18TH AVE
15TH AVE
1ST ST
LA MESA DR
YUCCA DR
2ND ST
NANCY DR
ATLANTIC AVE
DESERT VIEW AVE
14TH AVE
12TH ST
CACTUS D
IRONWOOD DR R
MESQUITE AV
HACIENDA AVE E
INDIAN CANYON DR
6TH ST
16TH AVE
WEST DR
MISSION LAKES BLVD
PALM DR
4TH ST
LITTLE MORONGO RD
CHOLLA DR
8TH ST
VERBENA DR
L TI TLE MORONGO RD
PALM DR
DILLON RD
PIERSON BLVD
20TH AVE
VARNER RD
5TH ST
FOXDALE DR
111
62 10
LEGEND
Annexation Numbers
Original - BIASA II
1 - RDA Parcels - Wellness Center
3 - DOLLAR GENERAL
4 - PIERSON PROFESSIONAL PLAZA
5 - SHC DESERT SPRINGS, SEARS HOLDINGS
6 - YK SPA
8 - CANNDESCENT, LLC
9 - DHS PROPERTY INVESTMENTS
11 - HEALING NATURE LLC - Clonectics Laboratories
13 - MERJ, LLC
14 - LA PLAZA CENTER, LLC
16 - WILLIAM A. CONNER
17 - KAMRAN AMIRIANFAR
18 - KAMRAN AMIRIANFAR
19 - SNIDER INVESTMENTS, LLC
21 - TACO BELL
22 - TIM GUDERIAN
23 - DHS FACILITIES, LLC
24 - DHS MANNA, LLC
25 - DESERT GROW LLC
26 - OXFORD PROPERTIES
27 - COACHILLIN HOLDINGS LLC
28 - MARAPHARM DHS LLC
29 - BLACKSTAR INDUSTRIAL PROPERTIES LLC
30 - MANLIN2 LLC
31 - HOT DESERT SPRINGS LLC
32 - BENNO PABST & MANUEL MARTINEZ
35 - LENWOOD HOSPITALITY CENTER
36 - LENWOOD HOSPITALITY CENTER
37 - MIRALI ZARRABI
39 - MSA8 LLC
40 - BUENO PABST
41 - AGUA DULCE 73 LLC
42 - DHS INVESTMENT HOLDINGS LLC
43 - ADAM A. REGIABA
45 - DOLLAR GENERAL
Proposed
47 - BURGER KING
M:\GIS-Assessment\D
HS\CFD2010-1_all_11x17_Annex47.mxd; Map revised 20 May 2022 Annexation Boundary Map
0 4,000 8,000
Feet
CITY OF DESERT HOT SPRINGS
Item Number: 12.
SR-22-138
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: June 7, 2022
Department: Finance
Prepared by: Geoffrey Buchheim, Administrative Services Director Subject: Resolution of Intention to Create a Special Tax Area Zone for Property (APN 656-040-052) south of Two Bunch Palms Trail and east of Palm Drive, to the Desert Hot Springs Special Public Safety Tax Area.
RECOMMENDATION:
Adopt a Resolution of Intention which establishes the time and place of the Public Hearing to establish Zone 53 within the Special Public Safety Tax Area for Police and Fire Protection Services and authorizing an election.
DISCUSSION:
It is of critical importance to the City Council of the City of Desert Hot Springs that residents of the City receive high quality police and fire protection services. In carefully reviewing the City’s budget and revenue projections with the Police and Fire Departments it has become clear to City staff that the City budget does not contain adequate funding to ensure the continued delivery of adequate high-quality public safety services unless additional revenues are obtained.
This Resolution of Intention establishes the time and place of the Public Hearing to establish Zone 53, within the Public Safety Tax Area, for police and fire protection services and authorizing the levy of a tax on improved parcels of real property on the secured property tax roll of Riverside County that are within Zone 53 of the Desert Hot Springs Special Public Safety Tax Area (the “Zone”). The voters of Zone 53 recognize the importance of adequate public safety services to the entire Desert Hot Springs community and approve this tax to ensure that those services will be maintained and improved citywide.
The revenues raised by this tax are to be used solely for the purposes of obtaining, furnishing, operating, and maintaining police and fire protection equipment or apparatus, for paying the salaries and benefits of police and fire protection personnel, and for such other police and fire protection service expenses as are deemed necessary for the benefit of the residents of Zone 53. Exhibit B of the Resolution is a copy of the petition requesting the creation of Zone 53.
FISCAL IMPACT:
The applicant has paid a deposit of $5,000, which covers the costs of establishing the zone. The property owner is responsible for all costs and payment of associated levy amounts applied to the annual tax roll for police and fire maintenance services.
ATTACHMENTS:
Item Number: 13.
SR-22-138
Exhibit 1 - Boundary Map (PTAX2 Zone 53)
Exhibit 2 - Resolution Creating PTAX2 Zone 53
Exhibit 3 - Petition to City Council (PTAX2 Zone 53)
Exhibit 4 - Council Properties Map (PTAX2 Zone 53)
Exhibit 5 - Map of PTAX2 Zones
Item Number: 13.
SHEET 1 OF 1 SHEET
656-040-052
PALM DR
PARK LN
TWO BUNCH PALMS TRL
THIS BOUNDARY MAP CORRECTLY SHOWS THE
BOUNDARIES OF ZONE 53 (BURGER KING).
FOR DETAILS CONCERNING THE LINES AND DIMENSIONS OF
LOTS OR PARCELS REFER TO THE COUNTY ASSESSOR’S
MAPS FOR FISCAL YEAR 2021-2022.
BOUNDARY MAP
NE1/4 OF SEC. 6, T.3S, R.5E.
SPECIAL PUBLIC SAFETY TAX AREA
ZONE 53 (BURGER KING)
CITY OF DESERT HOT SPRINGS
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
VICINITY MAP
NOT TO SCALE
PARCEL IDENTIFICATION NUMBER
15TH AVE
16TH AVE
PARK LN
B
O
B
C
AT
PROJECT
PIERSON BLVD
PALM
D
R
TWO BUNCH PALMS TRL
LITTLE MORONGO RD
DILLON RD
HACIENDA AVE
MISSION LAKES BLVD
0 300 600
Feet
LEGEND
ZONE 53
PARCEL LINES
M:\GIS-Assessm en t\DHS\PTAX 2_Z53_Bou n dary.m xd
Item Number: 13.
Resolution No. 2022-______
Date Adopted: June 7,2022
RESOLUTION NO. 2022-_________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS CREATING SPECIAL TAX AREA ZONE 53 WITHIN
THE DESERT HOT SPRINGS SPECIAL PUBLIC SAFETY TAX AREA
FOR ASSESSOR’S PARCEL NUMBER 656-040-052
WHEREAS, it is the intention of the City Council of the City of Desert Hot Springs (the “City Council”) to create Zone 53 within the City of Desert Hot Springs Special Public Safety Tax Area and authorize an election; and
WHEREAS, it is the intention of the City Council to adopt an ordinance establishing a special tax for police and fire protection services within Zone 53; and WHEREAS, the City of Desert Hot Springs recognizes the need for increased police and fire protection services (hereinafter “public safety services”) in Zone 53 and the difficulty of funding the current or increased level of services with revenues now available; and WHEREAS, the City Council has received a written instrument from the landowners within Zone 53 to initiate and conduct proceedings for the creation of Zone 53 within the City of Desert Hot Springs Special Public Safety Tax Area and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election; and WHEREAS, it is the intention of the City Council to direct the City Clerk to conduct the election required by Government Code Section 53978 to be conducted by mail ballot pursuant to Elections Code Section 4000 and to be held on the earliest date permitted by law; and WHEREAS, Assessor’s Parcel Numbers 656-040-052 were allowed by the City of Desert Hot Springs to develop a 1.54 acre parcel (Commercial). The initial annual tax will be $803.92 per the Desert Hot Springs Special Public Safety Tax Area – Tax Rate Table (approved by the City Council on March 1, 2005 Resolution No. 2005-07 and amended by Resolution No. 2005-50 approved on July 6, 2005, adjusted for inflation as provided for in Section 3(B) of Exhibit C); and WHEREAS, this Resolution is adopted pursuant to Government Code section 53978; and WHEREAS, under Government Code section 53978 and for the purposes of this Resolution, a “voter” entitled to vote on the creation of Zone 53 is a person who owns real property within Zone 53, as shown on the last equalized assessment role prepared by the Riverside County Assessor’s Office, at the time that the City Council submits an ordinance authorizing the imposition of a public safety tax to the voters of Zone 53. At the time that the City Council adopted this Resolution, there were 0 registered voters residing within Zone 53 and a single property owner. Because the Special Public Safety Tax will be imposed on property in Zone 53 and paid by the owner of the property, the City Council finds that restricting the vote on the Special Public Safety Tax to the property owner in Zone 53 is appropriate and consistent with the principles and requirements of California Constitution article XIIIC (Proposition 218).
NOW THEREFORE, be it resolved as follows:
Section 1. That portion of the City of Desert Hot Springs described in Exhibit A is established as Zone 53 of the Desert Hot Springs Special Public Safety Tax Area.
Section 2. That Ordinance No. 2022-_____, is to be presented for approval of the voters of Zone 53 by a mail ballot election, to be held on June 21, 2022, after which and assuming approval of the voters of Zone 53, will be presented for approval by the City Council on the same date as the election. The ballot proposition shall read as follows:
Item Number: 13.
Resolution No. 2022-______
Date Adopted: June 7, 2022
“Shall Ordinance No. 2022-_____ be approved so as to authorize a special tax on property located in Zone 53 of the Desert Hot Springs Special Public Safety Tax Area to maintain the present level of police and fire protection services and provide additional funding for increased police and fire protection services?”
Section 3. The City Clerk is directed to take all steps necessary to conduct the election required by this order. Said election shall be conducted by mailed ballot pursuant to Elections Code Section 4000 and shall be held on a date other than the same date as a statewide direct primary election on statewide general election as specified above.
Dated: June 7, 2022
[SIGNATURES FOLLOW ON THE NEXT PAGE]
Item Number: 13.
Resolution No. 2022-______
Date Adopted: June 7, 2022
PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on this seventh day of June 2022 by the following vote:
AYES:
NAYS:
ABSENT:
ATTEST: APPROVED:
Jerryl Soriano, City Clerk Scott Matas, Mayor
APPROVED AS TO FORM:
Jennifer Mizrahi, City Attorney
Item Number: 13.
EXHIBIT A
DESERT HOT SPRINGS PUBLIC SAFETY TAX AREA
ZONE 53 (BURGER KING)
ZONE DESCRIPTION
The City of Desert Hot Springs Special Public Safety Tax Area District (the “District”) boundary is coterminous with that of the City of Desert Hot Springs’ (the “City”) incorporated territory. Each zone within the District is a portion of that area and is described below by Riverside County Assessor’s Parcel Numbers (APNs) included within the zone.
(Note: the APNs are current as of the Final Tax Assessment Roll for FY 2021-22) APN Acreage
656-040-052 1.54
Item Number: 13.
EXHIBIT B
PETITION AND CONSENT FORM TO CREATE
ZONE 53 (BURGER KING)
Item Number: 13.
EXHIBIT C
City of Desert Hot Springs
Public Safety Tax Area
Zone 53 Establishment
Assessor's Parcel No. Lot Size Acres Description
Total
Charge*
656-040-052 1.54 COM $803.92
1 1.54 $803.92
*Charge based on Fiscal Year 2021-22 rates and will be escalated by the lessor of CPI or 3.00% commencing Fiscal Year 2022-23
Item Number: 13.
-In--._.-.---I-II-..—I I- I-IZJ WI hl?u?lhr
1*“ - "ZF - Item Number: 13.
(LC
Item Number: 13.
l—' xjlj 1- —1Zl—-
".I.-l'I-I-fl-.I-—I-
“H:
—I'II---I- ,
IT --.| I——T- E j‘
jj Ij—Ij“
"""
-1-I-1 r----.I!...III-hI-—7-I—-
HI II.‘
IIIIII
Item Number: 13.
Item Number: 13.
CHLV?D?
VRCLE, , 280 9746 www.cu\vc1d0.com
Item Number: 13.
589'59'00"E26/‘ 90
9'7
E‘V*5:
1'3, N
9 8
2 N8952 '24"W220.90'
SHEET 2 NA, CA, 92880 1782 46 www.co\vod0‘com
Item Number: 13.
PTAX2 Zone 53
Council Member Properties
Source: County of Riverside GIS, 2021.
18TH AVE
IRONWOOD DR
PTAX2 Zone 53
Burger King
20TH AVE
PALM DR
I 10
VARNER RD
MIHALYO RD
PALM DR
VERBENA DR
15TH
AVE
14TH AVE (TWO BUNCH PALMS TRL)
MONUMENT
ST
PAUL RD
DILLON RD
CABOT RD
I 10
LITTLE MORONGO RD
MESQUITE AVE
HACIENDA AVE
1ST ST PIERSON BLVD
SANTA CRUZ RD
MISSION LAKES BLVD
N INDIAN CANYON DR
VALENCIA DR
8TH ST
4TH ST
ACOMA AVE
MOUNTAIN VIEW RD
M:\GIS-Assessment\DHS\CouncilProperties_PTAX2_Zone53.mxd; Map revised Sept. 12, 2019 0 6,000 12,000 Feet
CITY OF DESERT HOT SPRINGS
LEGEND
City Boundary
Zone 53 - East of Palm Dr & South of Two Bunch Palms Trl Council Member's Property
500 Foot Buffer
JP - Jan Pye
GG - Gary Gardner
RB - Russell Betts
SM - Scott Matas
RN - Roger Nunez
Item Number: 13.
PTAX 2 ZONE MAP
Source: Riverside Co. GIS, 2021.
18TH AVE
15TH AVE
ATLA
NTIC A
VE
14TH AVE
12TH ST
CACTUS D
R
HACIENDA AVE
INDIA
N
CA
N
Y
O
N
D
R
16TH AVE
MISSION LAKES BLVD
PALM
D
R
LITTLE
M
O
R
O
N
G
O
R
D
CH
OLLA
D
R
8TH ST
VE
R
B
E
NA
D
R
LITTLE
M
O
R
O
N
G
O
R
D
PALM
D
R
DILLON RD
PIERSON BLVD
20TH AVE
VARNER RD
KA
R
EN
A
VE
111
62 10
Zone
1-13
Zone
31 Zone
32 Zone
35 Zone
15 Zone
16 Zone
34 Zone
17 Zone
28 Zone
20 Zone
27 Zone
22 Zone
23 Zone
19 Zone
21 Zone
26 Zone
33 Zone
30 Zone
29 Zone
14 Zone
24 Zone
36 Zone
37 Zone
1-13
Zone
1-13
Zone
1-13
Zone
1-13
Zone
1-13
Zone
43 Zone
48 Zone
49 LEGEND
PTAX 2 Zones (Existing)
1-13, Prior to Webb Administration
14, Hacienda Hills
15, Pierson Plaza
16, Vista Palms / Hacienda Ventures
17, Watermarke
19, DHS Properties Investment
20, MERJ LLC
21, La Plaza Center
22, Bunch Palms Trail
23, Willaim A. Conner
24, Snider Investments
26, Taco Bell
27, Tim Guderian
28, DHS Facilities
29, DHS Manna LLC
30, Desert Grow LLC
31, Oxford Properties
32, Coachillin Holdings LLC
33, Marapharm DHS California LLC
34, The Watermarke at DHS LLC
35, Blackstar Industrial Properties LLC
36, Snider Investments
37, Hot Desert Springs LLC
38, Green Bond LLC
40, Quick Quack Development LLC
41, Lenwood Hospitality 41 LLC
42, Lenwood Hospitality 42 LLC
43, Mirali Zarrabi
45, Watermarke Homes LLC
46, MSA8 LLC 46, MSA8 LLC
48, Agua Dulce 73 LLC
49, DHS Investment Holdings LLC
51, Dollar General
PTAX 2 Zones (Proposed)
53, Burger King
M:\GIS-Assessment\D
HS\PTA
X2_all_11x17_Z53.mxd; Map revised 20 May 2022
0 4,000 8,000
Feet
CITY OF DESERT HOT SPRINGS
Zone
46 Zone
40 Zone
42 Zone
41 Zone
38 Zone
45 Zone
53 Zone
51 Item Number: 13.