City of Desert Hot Springs
ACTION MINUTES
City Council Meeting
6:00 PM - Tuesday, October 4, 2022
Council Chambers
CLOSED SESSION - 5:15 P.M.
CALL TO ORDER
Mayor Matas called the Closed Session to order at 5:15 P.M.
ROLL CALL
Present:
Council Members: Russell Betts, Roger Nuñez, Jan Pye
Mayor Pro Tem: Gary Gardner
Mayor: Scott Matas
PUBLIC COMMENTS
None.
Jennifer Mizrahi, City Attorney, announced the Closed Session Items.
CLOSED SESSION:
1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Nadine Garcia, et al. v. City of Desert Hot Springs, et al.; 4th District Court of Appeal – Division 2; Case No. E075523
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (d)(2) of Section 54956.9: The facts and circumstances involve issues pertaining to a certain entity who has threatened litigation against the City, although no formal claim has been filed. The threat of litigation letter is on file with the City Clerk’s office.
3. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: City of Desert Hot Springs v. Yeh Dynasty Entertainment, LLC et al.; Superior Court- Riverside; Case No. CVPS2104940
City Council
October 4, 2022
REGULAR SESSION - 6:00 P.M.
CALL TO ORDER
Mayor Matas called the Regular Session to order at 6:00 P.M.
ROLL CALL
Present:
Council Members: Russell Betts, Roger Nuñez, Jan Pye
Mayor Pro Tem: Gary Gardner
Mayor: Scott Matas
INVOCATION
Thomas Moen gave the Invocation.
PLEDGE OF ALLEGIANCE
Council Member Nuñez led the Pledge of Allegiance.
CITY ATTORNEY REPORT ON CLOSED SESSION
Jennifer Mizrahi, City Attorney, reported that the City Council voted 5-0 to approve a Settlement Agreement relative to Closed Session Item No. 1 (Nadine Garcia, et al. v.
City of Desert Hot Springs).
APPROVAL OF AGENDA
ACTION: Approve the October 4, 2022 Regular Meeting Agenda and approve the Consent Calendar in its entirety.
Moved by Council Member Nuñez
Seconded by Mayor Pro Tem Gardner
Carried 5-0 by the following votes:
AYES: Betts, Nuñez, Pye, Gardner, and Matas
PUBLIC COMMENTS
1) Marion Champion, Mission Springs Water District, gave updates and announcements.
2) Tom Moen expressed support for the ATP Cycle 5 Palm Drive North project and suggested a 4-way stop at Palm Drive and 12th Street and Highway 62 and Pierson Boulevard.
City Council
October 4, 2022
CITY MANAGER REPORT
Luke Rainey, City Manager, introduced new employee Clyde Thomas, Human Resources Manager.
Doria Wilms, Deputy City Manager, provided an update regarding enforcement of the new short-term vacation rental regulations.
Daniel Porras, Assistant City Manager, announced the Día Del Los Muertos Festival on October 15, 2022 at the Health and Wellness Center.
Geoffrey Buchheim, Administrative Services Director, provided a financial update.
Nicholas Haecker, Public Works Director, provided updates regarding various projects.
MAYOR AND COUNCIL MEMBER REPORTS
Council Member Pye reported on the various meetings and events she attended.
Council Member Nuñez reported on the various meetings and events he attended.
Mayor Pro Tem Gardner reported on the various meetings and events he attended.
Council Member Betts reported on the various meetings and events he attended.
Mayor Matas reported on the various meetings and events he attended.
PUBLIC HEARINGS:
4. Resolution Adopting Revised User Fee Schedule
Recommendation:
1) Staff Report;
2) Entertain questions of Staff from the City Council
3) Open Public Hearing;
4) Take public testimony from those favor;
5) Take public testimony from those opposed;
6) Take public testimony from those in a neutral position; 7) Close the Public Hearing;
8) City Council discussion; and
9) Adopt a Resolution of the City Council adopting the Revised User Fees.
Staff Report - SR-22-217 - Pdf
Mayor Matas opened the Public Hearing.
There was no public testimony.
City Council
October 4, 2022
ACTION: Continue the Public Hearing to October 18, 2022.
Moved by Council Member Betts
Seconded by Mayor Pro Tem Gardner
Carried 5-0 by the following votes:
AYES: Betts, Nuñez, Pye, Gardner, and Matas
ADMINISTRATIVE CALENDAR:
5. Adopt a Resolution Authorizing Park Grant Application(s) for the Proposition 68 Per Capita Grant Program
Recommendation:
Adopt a Resolution of the City Council authorizing the City Manager to file an application(s) with the California Department of Parks and Recreation’s Office of Grants and Local Services (OGAL) to receive funding from the Proposition 68 Per Capita Grant Program.
Staff Report - SR-22-215 - Pdf
Nicholas Haecker, Public Works Director, presented the staff report and responded to questions.
Andrew Raaf expressed support.
A discussion ensued.
ACTION: Approve Staff recommendation and adopt Resolution No. 2022-043.
Moved by Mayor Pro Tem Gardner
Seconded by Council Member Betts
Carried 5-0 by the following votes:
AYES: Betts, Nuñez, Pye, Gardner, and Matas
5. Annual Utility Users Tax Report
Recommendation:
Receive and file.
Staff Report - SR-22-216 - Pdf
Geoffrey Buchheim, Administrative Services Director, presented the staff report and responded to questions.
ACTION: The report was received and filed.
City Council
October 4, 2022
6. Discussion on Funding for Neighborhood Revitalization and Small Business Incentives
Recommendation:
Discuss and provide direction to Staff.
Staff Report - SR-22-219 - Pdf
Mayor Matas and Council Member Nuñez presented the report.
A discussion ensued.
James Nindel and Jackie Devereaux, members of the Desert Hot Springs Beautification Committee, expressed support.
ACTION: Approve funding in the amount of $500,000.
Moved by Council Member Nuñez
Seconded by Mayor Matas
Carried 5-0 by the following votes:
AYES: Betts, Nuñez, Pye, Gardner, and Matas
CONSENT CALENDAR:
7. City Council Regular Meeting Minutes: September 20, 2022 Recommendation:
Approve the Minutes as presented; or as corrected.
Staff Report - SR-22-218 - Pdf
ACTION: Approved the Minutes as presented.
8. Second Reading and Adoption of An Ordinance Amending Section
8.28.030 of Chapter 8.28 "Fireworks" of the Desert Hot Springs Municipal Code
Recommendation:
Approve Second Reading, read by title only and adopt: "An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Section 8.28.030 of Chapter 8.28 "Fireworks" of the Desert Hot Springs Municipal Code." Staff Report - SR-22-214 - Pdf
ACTION: Approved Staff recommendation and adopted Ordinance No. 765: "An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Section 8.28.030 of Chapter 8.28 "Fireworks" of the Desert Hot Springs Municipal Code."
City Council
October 4, 2022
PUBLIC COMMENTS
None.
ADJOURN
Mayor Matas adjourned the meeting at 7:04 P.M.
Jerryl Soriano, CMC, City Clerk
SR-22-217
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: October 4, 2022
Department: Administrative Services
Prepared by: Geoffrey Buchheim, Administrative Services Director Subject: Resolution Adopting Revised User Fee Schedule
RECOMMENDATION:
1) Staff Report;
2) Entertain questions of Staff from the City Council
3) Open Public Hearing;
4) Take public testimony from those favor;
5) Take public testimony from those opposed;
6) Take public testimony from those in a neutral position; 7) Close the Public Hearing;
8) City Council discussion; and
9) Adopt a Resolution of the City Council adopting the Revised User Fees.
BACKGROUND:
The California Constitution allows municipalities to recover reasonable costs borne from providing certain services to certain individuals. The City is permitted to charge fees based on “costs reasonably borne” by the City. However, the fees may not exceed those costs in providing the service. “Costs reasonably borne” is intended to include all appropriations by an entity for the appropriate costs for the continuation of the service over time. This includes the ongoing expenses such as operating costs and an allocation for overhead and administration. The types of costs include: salaries and wages; employee fringe benefits; maintenance and operations costs; overhead costs; general City and department and/or divisional overhead costs. Without corresponding user fees, these services would be funded by tax revenues. In June 2020, the City adopted its current user fee schedule based on the User Fee Study completed in April 2020.
DISCUSSION:
Over the last two years, there has been a need to revise current fees and add new fees. Existing fees need to be revised as changes in operation and costs arise. The following are proposed changes to existing fees:
Service Name Fee Description Proposed Revised Fee Current Fee Block Wall Fixed fee
$215 for first 300 feet +
$0.50 per lineal foot
after 300 feet
$215 and $57 per
lineal foot after 500
feet
SR-22-217
Service Name Fee Description Proposed Revised Fee Current Fee Commercial Planning
Review Fee Fixed Fee $153.23 $465
Vacation Rental Fee Per Certificate
$1,241.81 general
vacation rental,
$931.75 primary
residence vacation
rental, $620.90
homeshare vacation
rental
$230
New fees need to be added due to new regulations or as the City adds services. The following a proposed fees to be added to the user fee schedule:
Service Name Fee Description Proposed Revised Fee
SB-9 Urban Lot Split Fixed Fee $2,150.62
SB-9 Two Unit Development Fixed Fee $1,165.36
New Single Family Residential
Grading Plan Check Fee Fixed Fee $1,935 for first 2 sheets New Single Family Residential
Grading Permit Fee Fixed Fee $460
Master Plan Check Fee Valuation Same as current Standard Plan Check Fee
Sub-Master Plan Check Fee Valuation 40% of Master Plan Check Fee New Multi-Residential/Hotel,
Motel, Apartments,
Condominiums Fire Inspection
Fee
Per Unit $657.02
New Commercial/Industrial Fire
Inspection Fee Fixed Fee $684.27
Residential Addition/Remodel
Fire Inspection Fee Fixed Fee $493.52
Commercial Tenant
Improvement Fire Inspection
Fee
Fixed Fee $520.77
Commercial/Industrial Addition
or Remodel Fire Inspection Fee Fixed Fee $548.02
Swim Lessons 4 Classes per Month $25.00
Aerobics Per Class $5.00
Aquatic Center Entrance Daily
Fee Fixed Fee $0.50 Adult, $0.25 Youth(3-17), $1.00 Family of 4 Aquatic Center Pass (10
Admissions) Fixed Fee $5.00 Adult, $2.50 Youth (3-17), $10.00 Family of 4 Basketball/Volleyball/Gym
Annual Membership Fixed Fee $50.00 for residents, $150.00 for non-residents Aquatic Center Season Pass Fixed Fee $50 Adult, $95 Family of 4
SR-22-217
Service Name Fee Description Proposed Revised Fee
Basketball/Volleyball/Gym
Drop-in Fee Fixed Rate $5.00 for residents, $10.00 for non-residents After-School Program Per Month $25.00
Transportation Fee Per Month $15.00 Elementary/Middle
School, $5.00 High School
Transportation Fee Per School Year $50.00 High School
Summer Camp Per Month $100.00 Full Day, $50.00 Half
Day
Sibling Discount for Summer
Camp Per Month $25.00
Winter Break Program Fixed Rate $50.00 for 3 weeks
Spring Break Program Fixed Rate $50.00 for 2 weeks
The above listed fees are the only fee changes being proposed. All other user fees will remain the same as approved by Council in June 2020. This also does not change the development impact fees approved by Council in December 2021.
The proposed user fee changes and the revised User Fee Schedule was provided to the Desert Valley Builders Association (“DVBA”) for their review. On 9/29/2022, DVBA provided a letter to the City in support of the revised fees. The notice of the revised fee schedule was also sent to other agencies on request. The notice was also posted on the City’s website and advertised in the Desert Star Weekly on September 21st and September 28th.
FISCAL IMPACT:
All of the fees, with the exception of the Recreation Fees, would recover the full costs associated with each service being provided. The Recreation Fees are same as what was charged from Borrego before the City took over the recreation center.
ATTACHMENTS:
Exhibit 1 - FY22-23 Revised User Fee Schedule Resolution Exhibit 2 - Proposed Fee Changes - September 2022
Exhibit 3 - User Fee Schedule September 2022
Exhibit 4 - DVBA Letter
RESOLUTION NO. 2022-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT HOT
SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ADOPTING THE USERS FEE SCHEDULE, DATED SEPTEMBER 2022
WHEREAS, the City of Desert Hot Springs had conducted an analysis of its services, the costs reasonably bone from providing those services, the beneficiaries of those services, and the revenue produced by those paying fees and charges for special services in 2020; and WHEREAS, the City wishes to comply with both the letter and the spirit of Article XIIIB of the California Constitution and limit the growth of taxes; and WHEREAS, the City provides various planning and building development services to the public including, but not limited to, processing applications, reviewing plans and maps, issuing permits and reviewing development agreements (the “Building and Planning Services”); and WHEREAS, the City desires to establish a methodology of recovering some portion of the costs reasonably borne from providing certain other special services, including but not limited to, those concerning park and recreation services, rental of City property, police and fire services, and other miscellaneous City services, of a voluntary or limited nature, such that general taxes are not diverted from general services of a broad nature and thereby utilized unfairly and inequitably for such special services (“City Services”); and WHEREAS, City Council intends to collect various fees (the “Fees”) and, in certain cases, require advance deposit of the Fees, to offset the costs associated with providing the Building and Planning Services and City Services; and
WHEREAS, because some of the Fees are described in Government Code Section 66014, the City is required to hold at least one open and public meeting as well as a general description of the matter to be considered are to be mailed at least 14 days prior to the date of the meeting to those parties (if any) who have filed requests for such notifications; and WHEREAS, since no requests for such notification were filed with the City, no notices were mailed; and
WHEREAS, data indicating the amount of the estimated cost required to provide the Building and Planning Services and City Services and the resources anticipated to fund the same were made available to the public at least 10 days prior to the date of this meeting, in accordance with Government Code Section 66016; and
WHEREAS, pursuant to Government Code Sections 66016 and 66018, the enactment or increase in any fees to be charged for services must be adopted by the City Council by ordinance or resolution, after providing notice and holding a public hearing; and WHEREAS, pursuant to Government Code Section 66018, the City complied with all notice and hearing requirements thereof; and
WHEREAS, City Staff has made revisions and added new fees to the User Fees adopted by City Council in June 2020; and,
WHEREAS, a duly noticed public hearing before the City Council was held on October 4, 2022, at which public testimony was received and duly considered on the proposed Fees; and
WHEREAS, the amount of the Fees does not exceed the true cost of providing the Building and Planning Services and City Services; and
WHEREAS, any increase to the amount of the fees as set forth in the User Fee Schedule is not a “project” subject to the California Environmental Quality Act because it is a funding mechanism have no physical effect on the environment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Desert Hot Springs as follows:
Section 1. RECITALS
That the Recitals set forth above are true and correct.
Section 2. APPROVAL OF USER FEE STUDY
That the City Council hereby approve and adopt the User Fee Schedule and the fees and charges contained herein.
Section 3. REPEAL OF CONFLICTING PROVISIONS
That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.
Section 4. SEVERABLITY
That if any provisions of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.
Section 5. EFFECTIVE DATE
That this Resolution shall take effect upon its adoption and the User Fee Schedule and the Fees contained therein shall take effect immediately.
Section 6. CERTIFICATION
That the City Clerk shall certify to the passage of this Resolution and enter it into the book or original resolutions.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on this fourth day of October 2022 by the following vote:
AYES:
NAYES:
ABSENT:
ATTEST: APPROVED:
Jerryl Soriano, City Clerk Scott Matas, Mayor
APPROVED AS TO FORM:
Jennifer Mizrahi, City Attorney
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 October 4, 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:
NAYES:
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: October 4, 2022
City Clerk of the City of Desert Hot Springs
[SEAL]
City of Desert Hot Springs
Fee Schedule
09/19/2022
Service Name Fee Description Adopted Fee
SB-9 Urban Lot Split Fixed Fee $2,150.62
SB-9 Two Unit Development Fixed Fee $1,165.36
Service Name Fee Description Adopted Fee
New Single Family Residential Grading Plan Check Fee Fixed Fee $1,935 for first 2 sheets New Single Family Residential Grading Permit Fee Fixed Fee $460.00 Water Quality Management Preliminary Plan Review Fixed Fee $610.00 Service Name Fee Description Adopted Fee
Block Wall Fixed Fee
$215 for first 300 ft +
$0.50 per Lineal ft (after
300 ft)
Commercial Planning Plan Review Fee Fixed Fee $153.23
Master Plan Check Fee Valuation Same as Standard Plan
Check Fee
Sub-Master Plan Check Fee Valuation 40% of Master Plan
Check Fee
Service Name Fee Description Adopted Fee
New Multi-Residential/Hotel, Motel, Apartments,
Condominiums Per Unit $657.02
New Commericial/Industrial Fixed Fee $684.27
Residential Addition/Remodel Fixed Fee $493.52
Commerical Tenant Improvement Fixed Fee $520.77
Commerical/Industrial Addition or Remodel Fixed Fee $548.02 Service Name Fee Description Adopted Fee
General Vacation Rental Fee Per Certificate $1,241.81
Primary Residence Vacation Rental Fee Per Certificate $931.75 Homeshare Vacation Rental Fee Per Certificate $620.90
Swim Lessons 4 Classes per Month $25.00
Aerobics Per Class $5.00
Aquatic Center Entrance Fee - Adult Daily Fee Fixed Fee $0.50 Aquatic Center Entrance Fee - Youth (3-17) Daily Fee Fixed Fee $0.25 Aquatic Center Entrance Fee - Family of 4 Daily Fee Fixed Fee $1.00 Aquatic Center Pass (10 Admissions) - Youth (3-17) Fixed Fee $2.50 Aquatic Center Pass (10 Admissions) - Adult Fixed Fee $5.00 Aquatic Center Pass (10 Admissions) - Family of 4 Fixed Fee $10.00 Aquatic Center Season Pass - Youth/Adult Fixed Fee $50.00 Aquatic Center Season Pass - Family of 4 Fixed Fee $95.00 Basketball/Volleyball/Gym Annual Membership
Fixed Fee $50 for residents, $150
for non-residents
RECREATION
ADMINISTRATION
BUILDING & SAFETY
PLANNING
PUBLIC WORKS
FIRE SERVICES
Any fees not included in this Fee Schedule will be calculated based on actual costs to provide the service.
All Non-Deposit Plan Check Fees cover 3 Plan Checks. All Deposit Based Fees are charged in 30 minute increments. 1 of 2 Page 14 of 54
City of Desert Hot Springs
Fee Schedule
09/19/2022
Basketball/Volleyball/Gym Drop-in Fee Fixed Rate $5 for residents, $10 for non-residents
After-School Program Per Month $25.00
Transportation Fee (Elementary/Middle School) Per Month $15.00 Transportation Fee (High School) Per Month $5.00
Transportation Fee (High School) Per School Year $50.00 Summer Camp - Full Day Per Month $100.00
Summer Camp - Half Day Per Month $50.00
Sibling Discount for Summer Camp Per Month $25.00
Winter Break Program Fixed Rate $50 for 3 weeks
Spring Break Program Fixed Rate $50 for 2 weeks
Any fees not included in this Fee Schedule will be calculated based on actual costs to provide the service.
All Non-Deposit Plan Check Fees cover 3 Plan Checks. All Deposit Based Fees are charged in 30 minute increments. 2 of 2 Page 15 of 54
City of Desert Hot Springs
Fee Schedule
09/19/2022
Service Name Fee Description Adopted Fee
Annexations Deposit $20,000.00
Plan of Services Fixed Fee + Outside Costs $5,000.00
Annexations (LAFCO) Actual Cost LAFCO fee Paid to LAFCO Appeals to the Planning Commission/City Council Fixed Fee $1,305.00 Conditional Use Permit Fixed Fee $4,325.00
Conditional Use Permit Administrative Fixed Fee $950.00 Conditional Use Permit Amendment or w/Development
Permit Fixed Fee $1,945.00
CUP Time Extension Fixed Fee $990.00
Minor Modification Fixed Fee $300.00
Density Bonus Application Agreement Deposit $5,000.00
Fixed Fee $1,840 + Attorney Costs
Development Agreement Deposit $20,000.00
Development Agreement Annual Review Fixed Fee $4,470.00 Development Agreement Amendment Deposit $10,000.00
Notice of Exemption Review Fixed Fee $465.00
Negative Declaration/EIR/Addendum City Cost + Admin 20% City Cost + Admin 20% Environmental Filing Fee Actual Cost
Paid to Riverside County
Clerk
Environmental Fish and Game Fee Actual Cost
Paid to Riverside County
Clerk
Fence Application Fixed Fee $170.00
General Plan Amendments (Map/Text) Deposit $15,000.00
General Plan Amendments (Map Only) Fixed Fee $5,700.00
Home Occupation Permit Fixed Fee $95.00
Ordinance Text Change Deposit $10,000.00
Development Permit Fixed Fee $4,945.00
Development Permit Amendment Fixed Fee $2,090.00
Development Permit Time Extension Fixed Fee $990.00
Administrative Development Permit Fixed Fee $225.00
Pre-Application Meeting/Review (50% of fee applied to
application) Fixed Fee $1,500.00
Sign Permit Panel Change Fixed Fee $50.00
Sign Permit Fixed Fee $150.00
Sign Program Fixed Fee $2,210.00
Sign Program Amendment Fixed Fee $1,395.00
Specific Plan Deposit $12,000.00
Specific Plan Amendment Deposit $5,000.00
Temporary Use Permit Fixed Fee $175.00
Tentative Parcel Map Fixed Fee $5,775.00
Tentative Parcel Map Amendment Fixed Fee $2,900.00
Tentative Tract Map Fixed Fee $5,825.00 + $25 per lot
Tentative Tract Map Amendment Fixed Fee $3,105.00 + $25 per lot Tentative Parcel Map/Tentative Tract Map Time
Extension Fixed Fee $1,670.00
Variance Fixed Fee $2,460.00
PLANNING
Any fees not included in this Fee Schedule will be calculated based on actual costs to provide the service.
All Non-Deposit Plan Check Fees cover 3 Plan Checks. All Deposit Based Fees are charged in 30 minute increments. 1 of 11 Page 16 of 54
City of Desert Hot Springs
Fee Schedule
09/19/2022
Service Name Fee Description Adopted Fee
Minor Variance/Minor Exception Fixed Fee $470.00
Zoning Verification Letter Fixed Fee $140.00
Zoning Research Letter Deposit $1,000.00
Zoning Compliance/Approval Fixed Fee $255.00
Zone Change Fixed Fee $5,715.00
Design Review Fixed Fee $2,090.00
Film Permit - Major Fixed Fee + Actual Costs
$260 + $15 Per Day (Plus
Actual Costs)
Film Permit - Minor Fixed Fee + Actual Costs
$670 + $25 Per Day (Plus
Actual Costs)
Planning Miscellaneous Per Hour Actual Cost
SB-9 Urban Lot Split Fixed Fee $2,150.62
SB-9 Two Unit Development Fixed Fee $1,165.36
Any fees not included in this fee schedule will be
calculated based on actual cost to provide service Per Hour Actual Cost Service Name Fee Description Adopted Fee
Final Parcel Map Fixed Fee $225 + $1260 per sheet
Final Tract Map Fixed Fee
$1,060 + $16 per lot +
$1,260 per sheet
Public Works Permit Issuance Actual Cost Actual Cost
Improvement Construction Plan Check (on and off site) - Includes First 3 Reviews Fixed Fee $265 + $835 per sheet Plan Check: 4th and Subsequent Review Actual Cost Actual Cost Improvement Construction Inspection Deposit City Engineers Estimate Grading Permit (Less than an acre) Fixed Fee $460.00
Grading Permit ( 1 acre or more) Deposit City Engineers Estimate New Single Family Residential Grading Plan Check Fee Fixed Fee $1,935 for first 2 sheets New Single Family Residential Grading Permit Fee Fixed Fee $460.00 Water Quality Management Preliminary Plan Review Fixed Fee $610.00 SWPPP - Plan Check Fixed Fee $380.00
Hydrology Report Review Fixed Fee $610.00
Soils Report Review Fixed Fee $145.00
PM10 Dust Mitigation Review Fixed Fee $490.00
Encroachment Permit Application Fixed Fee $255.00
Encroachment Permit (Existing Residential Standard
ROW Improvement) - Includes Application Fee, Plan
Check, and Inspection Fixed Fee $430.68
Annual Utility Encroachment Permit Application Fixed Fee $65.00 Encroachment Inspections Deposit City Engineers Estimate Construction and Debris Permit Deposit
$45 + City Engineers
Estimate
Certificate of Compliance/Certificate of Correction Deposit $125 + City Cost Lot Line Adjustment Fixed Fee $1,305.00
Parcel Merger Fixed Fee $1,275.00
PUBLIC WORKS
Any fees not included in this Fee Schedule will be calculated based on actual costs to provide the service.
All Non-Deposit Plan Check Fees cover 3 Plan Checks. All Deposit Based Fees are charged in 30 minute increments. 2 of 11 Page 17 of 54
City of Desert Hot Springs
Fee Schedule
09/19/2022
Service Name Fee Description Adopted Fee
Offer of Dedication/Easement Fixed Fee $1,200.00
Street Vacation Fixed Fee $3,165.00
Facility Fee Credit Agreement Deposit Actual Cost
Bond Release Inspection Deposit Deposit $3,000.00
Industrial Waste Water Permit Application Fixed Fee $25.82 Mural/Public Art Review Fixed Fee $915.00
Special Inspection Deposit City Engineers Estimate
Improvement Guarantee (100% Performance & 100%
Labor and Material) Percentage Fee
100% of the approved
Engineer's estimated of
construction cost
Special Event Permit Application - Non-Profit Fixed Fee $25.00 Special Event Permit Application - Other Fixed Fee $2,075.00 Special Event Inspection/Staffing Deposit Actual Cost
Facility Rental - Private Per Hour
$50 Per Hour + $500
Security Deposit
Facility Rental - Non-Profit Per Hour
$25 Per Hour + $500
Security Deposit
Facility Rental - Aquatic Center (Rental Fee + Lifeguard) Actual Cost Actual Cost Wide/Overweight Transportation Permit - Annual Fixed Fee Set by State $90.00 Wide/Overweight Transportation Permit - Daily Fixed Fee Set by State $16.00 Any fees not included in this fee schedule will be
calculated based on actual cost to provide service Per Hour Actual Cost Service Name Fee Description Adopted Fee
Building Permit Contractor/Building Change Fixed Fee $61.97 Demolition Fixed Fee $50.00
Building Investigation Fee: In Field Hourly Rate Hourly Rate Manufactured Home Foundation Fixed Fee $319.00
Manufactured Home Foundation System Fixed Fee $261.00
Mobile Home Single Setup Fixed Fee $319.00
Mobile Home Double Setup Fixed Fee $371.00
Mobile Home Triple Setup Fixed Fee $428.00
Re-inspection Fee Fixed Fee $143.57
Block Wall Fixed Fee
$215 for first 300 ft +
$0.50 per Lineal ft (after
300 ft)
C& D Waste Self-Haul Plan Fixed Fee $305 + Deposit
Residential Re-Roof Fixed Fee $160.00
Certificate of Occupancy Fixed Fee $320.00
Special Inspection Hourly Rate Hourly Rate
After Hours or Weekend Inspections (4 HR. Minimum) OT Hourly Rate OT Hourly Rate Plan Check 4th and Subsequent Review Actual Cost Actual Cost Property Permit History Search: Office Fixed Fee $103.00 1 or 2 Family Dwelling Permit Fee (Single Family Home) Fixed Fee $1,600.00
BUILDING & SAFETY
Any fees not included in this Fee Schedule will be calculated based on actual costs to provide the service.
All Non-Deposit Plan Check Fees cover 3 Plan Checks. All Deposit Based Fees are charged in 30 minute increments. 3 of 11 Page 18 of 54
City of Desert Hot Springs
Fee Schedule
09/19/2022
Service Name Fee Description Adopted Fee
Permit/Application Revision Fee (Residential Tracts
Only) Per Lot Fee $200.00
Permit Issuance Fee Fixed Fee $23.00
Commercial Planning Plan Review Fee Fixed Fee $153.23
Permit/Construction Fee Valuation See Chart
Standard Plan Check Fee Valuation See Chart
Master Plan Check Fee Valuation Same as Standard Plan
Check Fee
Sub-Master Plan Check Fee Valuation 40% of Master Plan
Check Fee
Plan Check Revisions and/or Deferred submittals Actual Cost Actual Cost General Plan Maintenance Surcharge Percentage Fee 5%
Technology Surcharge Percentage Fee 5%
SMIP Fixed Fee Set by State Fixed Fee Set by State
Building Standards Fee Fixed Fee Set by State Fixed Fee Set by State Garage Sale Permits Fixed Fee $15.00
Hazardous Material Clean Up Actual Cost Actual Cost
Spilled Load Clean Up Actual Cost Actual Cost
Art in Public Places Fee - Commercial Percentage of Valuation 0.75% Art in Public Places Fee - Residential Percentage of Valuation 0.50% Art in Public Places Fee Percentage of Valuation 0.25%
Any fees not included in this fee schedule will be
calculated based on actual cost to provide service Hourly Rate Actual Costs Valuation* Base Fee Rate Per Unit
$0 to $1500.00 $168
$1501-$20,000 $168 $18.00 per $1,000
$20,001-$50,000 $501 $14.00 per $1,000
$50,001-$75,000 $921 $12.00 per $1,000
$75,001-$100,000 $1,221 $14.50 per $1,000
100,001 to 500,000 $1,584 $7.75 per $1,000
$500,001 and up $4,684 $5.50 per $1,000
Valuation* Base Fee Rate Per Unit
$0 to $1500.00 $115
$1501-$20,000 $115 $11.50 per $1,000
$20,001-$50,000 $328 $9.00 per $1,000
$50,001-$75,000 $598 $8.00 per $1,000
$75,001-$100,000 $798 $9.50 per $1,000
100,001 to 500,000 $1,035 $5.00 per $1,000
$500,001 and up $3,035 $3.50 per $1,000
ELECTRICAL
Electrical Permit Fee Fixed Fee $147.00
Residential Photovoltaic Plan Check Fixed Fee Set by State $175.00 Residential Photovoltaic Permit (15 kW or less):
Inspection/Permit Fixed Fee Set by State $275.00
BUILDING PERMIT/CONSTRUCTION FEES CALCULATED BY VALUE*:
*Valuation based on ICC Building Valuation Data Square Foot Construction Costs BUILDING PLAN CHECK FEES CALCULATED BY VALUE*:
*Valuation based on ICC Building Valuation Data Square Foot Construction Costs Any fees not included in this Fee Schedule will be calculated based on actual costs to provide the service.
All Non-Deposit Plan Check Fees cover 3 Plan Checks. All Deposit Based Fees are charged in 30 minute increments. 4 of 11 Page 19 of 54
City of Desert Hot Springs
Fee Schedule
09/19/2022
Service Name Fee Description Adopted Fee
Residential Photovoltaic Permit (More than 15 kW):
Inspection/Permit Fixed Fee Set by State $325 plus $15 per KW Commercial/Multi-Family Photovoltaic Permit 50 kW or
less: Inspection/Permit Fixed Fee Set by State $500.00
Commercial/Multi-Family Photovoltaic Plan Check 250
kW or less: Plan Check Fixed Fee Set by State $500.00
Commercial/Multi-Family Photovoltaic 50-250 kW:
Inspection/Permit Fixed Fee Set by State $500 Plus $7 per KW Commercial/Multi-Family Photovoltaic Plan Check More
than 250 kW: Plan Check Fixed Fee Set by State $1,200.00 Commercial/Multi-Family Photovoltaic More than 250
kW: Inspection/Permit Fixed Fee Set by State $1,200 Plus $5 per KW Temp Power/Construction Pole Fixed Fee $30.00
Permanent Power Pole Fixed Fee $30.00
Residential Vehicle Charging System Per Charger $64.00
Commercial Vehicle Charging System Per Charger $115.00
Electrical Sign (Not Including Value) Fixed Fee $30.00
Motor 1HP or Less Fixed Fee $30.00
Motor 1HP - 10 HP Fixed Fee $40.00
Motor 10HP - 50 HP Fixed Fee $81.00
Motor 50 HP and Up Fixed Fee $76.00
Appliances Per Appliance $11.00
Transformer Fixed Fee $89.00
Generator Fixed Fee $76.00
Outlets/Fixtures Per Outlet/Fixture $3.00
Subpanel Fixed Fee $40.00
Misc. Apparatus Fixed Fee $19.00
Service Entrance <200A Fixed Fee $40.00
Service Entrance 200A - 1000A Fixed Fee $59.00
Service Entrance >1000A Fixed Fee $97.00
Residential R-1 and R-3 Structures Per 100 Sq. Ft $19.00 Energy Inspection Fixed Fee $145.00
Plan Check Hourly Rate Hourly Rate
Plumbing Permit Fee Fixed Fee $147.00
Water Heater Change Out Existing S/F Dwelling Fixed Fee $59.00 Fixture Per Fixture $10.00
Repair/Alteration of Each Drain Pipe of Ventilation, Low Pressure Gas System (Up to 5 Outlets), Water Treating
Equipment, Sprinkler System
Fixed Fee
$10.00
Single Family Residential Repipe Fixed Fee $77.00
Multi Family Residential Repipe Per Unit $58.00
House Sewer Connection to Public Sewer Fixed Fee $30.00 Abandon Private Sewage Disposal System Fixed Fee $30.00 Septic Tank Fixed Fee $81.00
Leach System Fixed Fee $52.00
Drainage Piping Fixed Fee $13.00
Grease Interceptor Fixed Fee $153.00
PLUMBING
Any fees not included in this Fee Schedule will be calculated based on actual costs to provide the service.
All Non-Deposit Plan Check Fees cover 3 Plan Checks. All Deposit Based Fees are charged in 30 minute increments. 5 of 11 Page 20 of 54
City of Desert Hot Springs
Fee Schedule
09/19/2022
Service Name Fee Description Adopted Fee
Water Heater Fixed Fee $59.00
Sewage Disposal Fixed Fee $81.00
Gas Piping Fixed Fee $30.00
Plan Check Hourly Rate Hourly Rate
Mechanical Permit Fee Fixed Fee $147.00
Forced Heating System Change Out Existing S/F Dwelling Fixed Fee $153.00 Condenser Fixed Fee $64.00
Fan Each $11.00
Furnace - Wall Fixed Fee $30.00
Furnace - Floor Fixed Fee $30.00
Ductwork Per AC Unit $30.00
Air Handling Unit Fixed Fee $21.00
Natural Gas Pipe Fixed Fee $40.00
Appliance Vent Fixed Fee $21.00
Forced Heating System Fixed Fee $30.00
Fireplace Fixed Fee $59.00
Commercial Kitchen Hood Fixed Fee $102.00
Type I or Type II Hood Fixed Fee $59.00
Energy Inspection Fee Fixed Fee $117.00
Plan Check Hourly Rate Hourly Rate
Service Name Fee Description Adopted Fee
Plan Check - 4th and Subsequent Review* Actual Cost Actual Cost NFPA 13D Sprinkler System: One or Two Family Dwelling
(Custom Home) - Plan Check Per Unit $223.01
NFPA 13D Sprinkler System: One or Two Family Dwelling
(Custom Home) - Inspection Per Unit $185.84
NFPA 13D Sprinkler System: One or Two Family Dwelling
(New Tract Developments) - Plan Review Per Plan Type $223.01 NFPA 13D Sprinkler System: One or Two Family Dwelling
(New Tract Developments) - Inspection Per a lot. Per Lot $148.67 NFPA 13R Sprinkler System: Multi-family Dwellings
(3 to 16 Units) - Plan Review Per Plan $297.34
NFPA 13R Sprinkler System: Multi-family Dwellings
(3 to 16 Units) - Inspection Per Plan $297.34
NFPA 13R Sprinkler System > 16 units - Plan Review Per Plan $446.01 NFPA 13R Sprinkler System > 16 units - Inspection Per Plan $446.01 New NFPA 13 Sprinkler System Riser - Plan Review Per Riser $446.01 New NFPA 13 Sprinkler System Riser - Inspection Per Riser $371.68 NFPA 13, 13R Sprinkler System: T.I. (0-10,000 sq. ft.) - Plan Review Per Plan $148.67
NFPA 13, 13R Sprinkler System: T.I. (0-10,000 sq. ft.) - Inspection Per Plan $223.01
NFPA 13, 13R Sprinkler System: T.I. (10,000 – UP) -
Plan Review Per Plan $297.34
MECHANICAL
FIRE SERVICES
Any fees not included in this Fee Schedule will be calculated based on actual costs to provide the service.
All Non-Deposit Plan Check Fees cover 3 Plan Checks. All Deposit Based Fees are charged in 30 minute increments. 6 of 11 Page 21 of 54
City of Desert Hot Springs
Fee Schedule
09/19/2022
Service Name Fee Description Adopted Fee
NFPA 13, 13R Sprinkler System T.I. (10,000 – UP) -
Inspection Per Plan $297.34
Pre-action Fire Sprinkler System - Plan Review Per Plan $223.01 Pre-action Fire Sprinkler System - Inspection Per Plan $297.34 NFPA 13 In-Rack Sprinkler Systems - Plan Review Per Plan $148.67 New or TI to NFPA 13 In-Rack Sprinkler Systems -
Inspection Per Plan $148.67
NFPA 14 Class I, II or III Standpipes - Plan Review Per Plan $148.67 NFPA 14 Standpipes - Inspection Per Plan $74.34
Fire Pump Installation - Plan Review Per Pump $297.34
Fire Pump Installation - Inspection Per Pump $297.34
Underground Fire Protection System (Single Hydrant OR
Single Riser Connection) - Plan Review Fixed Fee $148.67 Underground Fire Protection System (Single Hydrant OR
Single Riser Connection) - Inspection Fixed Fee $148.67 Underground Fire Protection (Each Additional
Connection) - Plan Review Per Building $37.17
Underground Fire Protection System (Each Additional
Connection) - Inspection Per Building $37.17
Fire Sprinkler and Fire Alarm Monitoring System -
Plan Review Per Building $148.67
Fire Sprinkler and Fire Alarm Monitoring System -
Inspection Per Building $148.67
Fire Alarm System - Plan Review Per Building $446.01
Fire Alarm System - Inspection Per Building $297.34
Fire Master Plan Public School - Plan Review Per School $297.34 Vehicle or Pedestrian Gates Across Emergency Access
Roads - Plan Review Per Gate $148.67
Vehicle or Pedestrian Gates Across Emergency Access
Roads - Inspection Per Gate $74.34
Outdoor Fire Place/Fire Pit in Special Fire Areas Per Fire Pit $148.67 Speed Hump - Plan Review and Drive Test Per Plan $148.67 Above-Ground Storage Tank - Plan Review Per Tank $148.67 Above-Ground Storage Tank - Inspection Per Tank $148.67 High-Piled Storage Code/Commodity Compliance -
Plan Review Per Plan $297.34
High-Piled Storage - Inspection Per Plan $223.01
Commercial Cooking Hood and Duct System
(Per System) - Plan Review Per System $223.01
Commercial Cooking Hood and Duct System
(Per System) - Inspection Per System $148.67
Refrigeration Unit and System (More Than 220 Pounds of
Group A1 or 30 Pounds) - Plan Review Fixed Fee $223.01
Refrigeration Unit and System – Inspection Fixed Fee $148.67 Spray Booth Spraying Area - Plan Review Per Booth $297.34 Spray Booth Spraying Area - Inspection Per Booth $223.01 Gas Systems: Medical Gas, Industrial Gas – Plan Review Per System $223.01 Any fees not included in this Fee Schedule will be calculated based on actual costs to provide the service.
All Non-Deposit Plan Check Fees cover 3 Plan Checks. All Deposit Based Fees are charged in 30 minute increments. 7 of 11 Page 22 of 54
City of Desert Hot Springs
Fee Schedule
09/19/2022
Service Name Fee Description Adopted Fee
Gas Systems: Medical Gas, Industrial Gas – Inspection Per System $148.67 Special Equipment: Industrial Ovens, Vapor Recovery,
Dust Collection - Plan Review Per Plan $223.01
Special Equipment: Industrial Ovens, Vapor Recovery,
Dust Collection - Inspection Per Plan $148.67
Special Extinguishing System: Dry Chemical, CO2, FM
200, Foam Liquid Systems, Inert Gas - Plan Review Per Plan $297.34 Special Extinguishing System – Inspection Per Plan $223.01 Battery Systems, Stationary Storage and Cell Sites -
Plan Review Per System $148.67
Battery Systems - Inspection Per System $111.50
Smoke Control Systems - Plan Review Per System $520.35
Smoke Control Systems - Design/Testing Inspection
(1 HR. Minimum) Per System $446.01
Temporary Above-Ground Storage Tank - Plan Review &
Inspection Per Tank $223.01
Alternate Method and Material Request - Plan Review Per Request $371.68 Plan Review time and materials fee: Charged for
miscellaneous applications such as unusual time
intensive projects, research, travel time, etc.* Actual Cost Actual Cost Reinspection Fee (1 HR. Minimum) Per Hour $148.67
Inspection time and materials fee: Charged for
miscellaneous applications such as time intensive
projects, research, travel time, etc. Per Hour $130.15
Overtime Inspection Request (If Available) Per OT Hourly Rate $297.34 Special Event/Stand-by Fee Per Hour $148.67
Special Event/Stand-by Fee Overtime Per OT Hourly Rate $297.34 Major Special Event Per Hour $148.67
Tent Inspection - Plan Review Fixed Fee $148.67
Tent Inspection - Inspection Per Tent $148.67
Licensing - Pre-Inspection Per Day Care Facility $223.01 Cannabis Light Manufacturing - Plan Review Per Plan $297.34 Cannabis Light Manufacturing - Inspection Per Plan $297.34 Cannabis Cultivation - Plan Review Per Plan $223.01
Cannabis Cultivation - Inspection Per Plan $223.01
Cannabis Extraction - Plan Review Per Plan $297.34
Cannabis Extraction - Inspection Per Plan $297.34
Fireworks Stand - Plan Review Per Stand $148.67
Firework Stand - Inspection Per Stand $74.34
Occupancy Inspections Per Hour $148.67
New Multi-Residential/Hotel, Motel, Apartments,
Condominiums Per Unit $657.02
New Commericial/Industrial Fixed Fee $684.27
Residential Addition/Remodel Fixed Fee $493.52
Commerical Tenant Improvement Fixed Fee $520.77
Commerical/Industrial Addition or Remodel Fixed Fee $548.02 Any fees not included in this fee schedule will be
calculated based on actual cost to provide service* Actual Cost Actual Cost Any fees not included in this Fee Schedule will be calculated based on actual costs to provide the service.
All Non-Deposit Plan Check Fees cover 3 Plan Checks. All Deposit Based Fees are charged in 30 minute increments. 8 of 11 Page 23 of 54
City of Desert Hot Springs
Fee Schedule
09/19/2022
Service Name Fee Description Adopted Fee
Pass Through Fees
Residential-Up to 8 du per acres Dwelling Unit $1,331.00 Residential-Between 8.1 and 14 du per acre Dwelling Unit $554.00 Residential - More than 14 du per acre Dwelling Unit $247.00 Commercial/Industrial Per Acre $5,911.00
* Fee Subject to change per CVCC
Transportation Uniform Mitigation Fee (TUMF)*
Residential-Single Family Dwelling Unit $2,310.00
Residential-Multi-Family Dwelling Unit $1,330.00
Commercial-Retail Thousand Square Foot $6,010.00
Commercial-Office Thousand Square Foot $2,390.00
Hotel Thousand Square Foot $3,510.00
Industrial Thousand Square Foot $1,215.00
*Fees Subject to change per CVAG
Service Name Fee Description Adopted Fee
Cultivation Regulatory Permit Fixed Fee $9,250.00
Manufacturing Regulatory Permit Fixed Fee $6,450.00
Dispensary Regulatory Permit Fixed Fee $6,450.00
Service Name Fee Description Adopted Fee
Police Phot/Video Copy Per Disc $2.00
Inspection Warrant Service Per Warrant $1,500.00
Abate/Seizure Warrant Service Per Warrant $1,310.00
Notice Processing Per Notice $95.00
Emergency Abatement Order Per Application $1,400.00
Emergency Boarding/Vacate Order Actual Cost $955 + Actual Cost Code Compliance Inspections Per Inspection $140.00
Cost Recovery Lien Processing Per Lien $205.00
Cost Recovery Civil Processing Per Case/Actual Cost $1,220.00 or Actual Cost Preparation of Demands Per Property $70.00
Foreclosure Property Inspection Fixed Fee
$135 + $70 per
Inspection
Certificate of Code Compliance Per Certificate $140.00
Vehicle Impound Per Vehicle $170.00
DUI Arrest Per Arrest $855 + City Costs
DUI Accident Response Actual Cost
Actual Cost (Up to
$12,000)
Booking Processing - Misdemeanor Per Booking $380 + City Costs Booking Processing - Felony Per Booking $ 1,060 + City Costs Alarm Permit Per Application $27.00
Police False Alarm - 1st Response (in Calendar Year) Fixed Fee $0.00 Police False Alarm - 2nd Response (in Calendar Year) Fixed Fee $120.00
CANNABIS REGULATORY
Additional Fees & Calculations per TUMF handbook
Multiple Species Habitat Conservation Plan (MSHCP) or LDMF*
POLICE DEPARTMENT
Any fees not included in this Fee Schedule will be calculated based on actual costs to provide the service.
All Non-Deposit Plan Check Fees cover 3 Plan Checks. All Deposit Based Fees are charged in 30 minute increments. 9 of 11 Page 24 of 54
City of Desert Hot Springs
Fee Schedule
09/19/2022
Service Name Fee Description Adopted Fee
Police False Alarm - 3rd + Response (in Calendar Year) Per Response $240.00 Police Non-Emergency Response - 2nd + Response
(Additional Costs may be required) Per Response $210.00 Police Report Copy Per Page $0.20 after first 10 pages
Vehicle/Property Impound Release Per Item $145.00
Civil Subpoena Fixed Fee Set by Court Fee Set By Court
Police Record Clearance Letter Per Letter $80.00
Special Event One-Day ABC License Per Letter $240.00
Fingerprinting on Request Per Scan $55 + DOJ Fees
Police Special Event Services Actual Cost Actual Cost
Special Business DOJ Check - New Per Application $195 + DOJ Fees Special Business DOJ Check - Renewal Per Application $140 + DOJ Fees Citation Sign-Off Per Citation $45.00
Repossession Processing Fixed Fee Set by State
Service Name Fee Description Adopted Fee
Animal Owner Surrender Per Animal $135.00
Deceased Animal Disposal - Shelter Drop Off Per Animal $25.00 Deceased Animal Disposal - At-Home Pick Up Per Animal $70.00 Animal Quarantine - In Facility Per Animal $90.00
Animal Quarantine - In Home Per Animal $70.00
Dangerous Animal Appeal Per Appeal $395.00
Animal License - Altered Dog
1 Year Per Animal $16.00
2 Year Per Animal 25
3 Year Per Animal $35.00
Late Fee Per Animal $25.00
Animal License - Unaltered Dog
1 Year Per Animal $100.00
2 Year Per Animal $175.00
3 Year Per Animal $225.00
Late Fee Per Animal $25.00
Animal License - Altered Dog (Owner by Senior Citizen
60+)
1 Year Per Animal $10.00
2 Year Per Animal $15.00
3 Year Per Animal $20.00
Late Fee Per Animal $15.00
Service Name Fee Description Adopted Fee
Copies up to 11 X 17 Per Page $0.20 after first 10 pages Black and White Copies Larger Than 11 X 17 Per Page $10.00 Electronic File Copy Service Per Device $2.00
Business License Admin, New Fixed Fee $50.00
Business License Admin, New - Online Fixed Fee $25.00
ANIMAL CARE & CONTROL
ADMINISTRATION
Any fees not included in this Fee Schedule will be calculated based on actual costs to provide the service.
All Non-Deposit Plan Check Fees cover 3 Plan Checks. All Deposit Based Fees are charged in 30 minute increments. 10 of 11 Page 25 of 54
City of Desert Hot Springs
Fee Schedule
09/19/2022
Service Name Fee Description Adopted Fee
Business License Admin, Renewal Fixed Fee $30.00
Release of Lien Fixed Fee $70.00
Recordation of Documents Actual Cost Actual Cost
Return Check Processing Per Check $65.00
Street Re-Naming Request Deposit Actual Cost
General Vacation Rental Fee Per Certificate $1,241.81
Primary Residence Vacation Rental Fee Per Certificate $931.75 Homeshare Vacation Rental Fee Per Certificate $620.90
Administrative Hearing Per Hearing $2,350.00
Public Hearing Per Hearing $470.00
Life Certification-Foreign Nations Per Certification $12.00 Lien Release Per Lien $70.00
Candidate Filing Per Application $25.00
Measure Filing Per Initiative $200.00
Notary Service Per Signature $15.00
Document Certification Per Document $12.00
Special Tax Appeal Fee Per Appeal $540.00
Data Analysis/Collection Actual Cost Actual Cost
Swim Lessons 4 Classes per Month $25.00
Aerobics Per Class $5.00
Aquatic Center Entrance Fee - Adult Daily Fee Fixed Fee $0.50 Aquatic Center Entrance Fee - Youth (3-17) Daily Fee Fixed Fee $0.25 Aquatic Center Entrance Fee - Family of 4 Daily Fee Fixed Fee $1.00 Aquatic Center Pass (10 Admissions) - Youth (3-17) Fixed Fee $2.50 Aquatic Center Pass (10 Admissions) - Adult Fixed Fee $5.00 Aquatic Center Pass (10 Admissions) - Family of 4 Fixed Fee $10.00 Aquatic Center Season Pass - Youth/Adult Fixed Fee $50.00 Aquatic Center Season Pass - Family of 4 Fixed Fee $95.00 Basketball/Volleyball/Gym Annual Membership
Fixed Fee $50 for residents, $150
for non-residents
Basketball/Volleyball/Gym Drop-in Fee Fixed Rate $5 for residents, $10 for non-residents
After-School Program Per Month $25.00
Transportation Fee (Elementary/Middle School) Per Month $15.00 Transportation Fee (High School) Per Month $5.00
Transportation Fee (High School) Per School Year $50.00 Summer Camp - Full Day Per Month $100.00
Summer Camp - Half Day Per Month $50.00
Sibling Discount Per Month $25.00
Winter Break Program Fixed Rate $50 for 3 weeks
Spring Break Program Fixed Rate $50 for 2 weeks
RECREATION
Any fees not included in this Fee Schedule will be calculated based on actual costs to provide the service.
All Non-Deposit Plan Check Fees cover 3 Plan Checks. All Deposit Based Fees are charged in 30 minute increments. 11 of 11 Page 26 of 54
\|I
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3 mnmmm desertvalleysbuilders association
PRESIDENT
Todd Hooks
Agua CalienteBand of September 293 2022
CaliuillaIndians
Immediate Past President _ _ DebomhMcgal-my City of Desert Hot Springs Alsouthem CaliforniaGas Company Geoffrey Buchheim,Administrative Services Director E” 11999 Palm Drive
DuboseDesign Group,Inc. Desert Hot Sprmgsa CA 92240
SECRETARY/TREASURER
Pedro Rincon , Osbome Rinwn CPAS RE. Fee Schedule Update
VICE PRESIDEIE
__._______01’ ASS 0C1/1TE Dear Mr. Buchheim, Allan Levin - Allan Levin & Associates _ _ , , , , CHIEF EXECUTIVE OFFICER Thank you for p1‘OV1d11’1g the Desert Valleys Builders Association with the G1‘<’«1'Ch€HGutierf?z opportunity to review and comment on the City of Desert Hot Springs’ Update to the Land Use, Services and Regulatory fee schedule. DIRECTORS Fred Bell/2022 PAC Chainmuz
Blflobgll E1:161'gy
Solutions Upon examination and understanding of which fees have been adjusted, rian ene etti - - - - - Brian Benedem.Conmuc?on both withincreases and decreases in fees, the DVBA 1S supportiveof the
Mark Benedem adoption of this fee schedule as there was a concerted effort in determining Dad‘?C?llanan
the best representation of costs for services.
North American Title
Mario Gonzales _ _ _ _ _ _ GHA Companies We appreciate that the City of Desert Hot Springs 1S not blindly taking a J06 Hayes cross-the-board Consumer Price Index percentage. First Bank Jeremy Roos
_ _ _ . _ FreeVolt The Desert Valleys Builders Association supports the adoption of this DZEVC LlPPe” _ _ updated fee schedule.
Lippert Construction,Inc
-'
n /i
Robert GreenCompany . Russ Martin Gretchen utierrez
Mission Springs Water Chief Executive Of?cer
District
Dari Olivier
Nethery MuellerOlivier
Alan Pace/Progrrtms Chairman
Petra Geosciences
AC Houston Lumber John Powell, Jr. Coacliella Valley Water District Mike Rowe MSA Consulting Phil Smith Sunrise Company Alissa Vatter Fidelity National Title Jeff Wattenbarger Construction Paul Mahoncy /‘
PMA Advertising
Bruce Maize L
34360 Gateway Drive
0 PalmDesert0 CA 9221 l (760) 776-700l office
0 (760) 776-7002 fax www.TlieDVBA.org
SR-22-215
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: October 4, 2022
Department: Public Works
Prepared by: Nicholas Haecker, Public Works Director
Subject: Adopt a Resolution Authorizing Park Grant Application(s) for the Proposition 68 Per Capita Grant Program
RECOMMENDATION:
Adopt a Resolution of the City Council authorizing the City Manager to file an application(s) with the California Department of Parks and Recreation’s Office of Grants and Local Services (OGAL) to receive funding from the Proposition 68 Per Capita Grant Program.
BACKGROUND:
The Per Capita Grant Program originates from Proposition 68 and is allocated to cities and local districts based on population. The City of Desert Hot Springs was allocated $177,952 in Per Capita funds under the General Per Capita Program. In addition to the General Per Capita Program, the City of Desert Hot Springs was allocated $17,654 in Urban Counties Per Capita Grant.
General Per Capita Program funds are available for local park rehabilitation, creation, and improvement grants to local governments on a per capita basis. Urban County per Capita funds are available for Per Capita grants to cities and districts in urbanized counties (a county with a population of 500,000 or more) providing park and recreation services within jurisdictions of 200,000 or less in population.
DISCUSSION:
The process to obtain these funds is initiated by City Council adoption of a Resolution authorizing the City Manager to apply to the “Per Capita Program.” Adoption of the Resolution expresses the City Council’s agreement with the State funding contract and confirmation the City will complete, operate and maintain the grant-funded projects. The Resolution also designates the City Manager, to represent the City and execute all documents and negotiations on behalf of the City.
After submission of the Resolution to the Office of Grants and Local Services (OGALS), the next step is for staff to attend an OGALS Mandatory Grant Administration Workshop and then to submit the application packet(s).
FISCAL IMPACT:
There is no fiscal impact for filing the resolution.
ATTACHMENTS:
SR-22-215
Exhibit 1 - Draft Resolution Per Capita Grant Program
RESOLUTION NO. 2022-_____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT HOT
SPRINGS, CALIFORNIA, APPROVING APPLICATION(S) FOR PER
CAPITA GRANT FUNDS
WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Per Capita Grant Program, setting up necessary procedures governing application(s); and
WHEREAS, said procedures established by the State Department of Parks and Recreation require the grantee’s Governing Body to certify by resolution the approval of project application(s) before submission of said applications to the State; and WHEREAS, the grantee will enter into a contract(s) with the State of California to complete project(s); and
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby:
1. Approves the filing of project application(s) for Per Capita program grant project(s); and
2. Certifies that said grantee has or will have available, prior to commencement of project work utilizing Per Capita funding, sufficient funds to complete the project(s); and
3. Certifies that the grantee has or will have sufficient funds to operate and maintain the project(s), and
4. Certifies that all projects proposed will be consistent with the park and recreation element of the City of Desert Hot Springs general or recreation plan (PRC §80063(a)),and
5. Certifies that these funds will be used to supplement, not supplant, local revenues in existence as of June 5, 2018 (PRC §80062(d)), and
6. Certifies that it will comply with the provisions of §1771.5 of the State Labor Code, and
7. (PRC §80001(b)(8)(A-G)) To the extent practicable, as identified in the “Presidential Memorandum--Promoting Diversity and Inclusion in Our National Parks, National Forests, and Other Public Lands and Waters,” dated January 12,2017, the City of Desert Hot Springs will consider a range of actions that include, but are not limited to, the following:
(A) Conducting active outreach to diverse populations, particularly minority, low- income, and disabled populations and tribal
communities, to increase awareness within those communities and the public generally about specific programs and opportunities. (B) Mentoring new environmental, outdoor recreation, and conservation leaders to increase diverse representation across these areas. (C) Creating new partnerships with state, local, tribal, private, and nonprofit organizations to expand access for diverse populations. (D) Identifying and implementing improvements to existing programs to increase visitation and access by diverse populations, particularly minority, low-income, and disabled populations and tribal communities. (E) Expanding the use of multilingual and culturally appropriate materials in public communications and educational strategies, including through social media strategies, as appropriate, that target diverse populations. (F) Developing or expanding coordinated efforts to promote youth engagement and empowerment, including fostering new partnerships with diversity-serving and youth-serving organizations, urban areas, and programs.
(G) Identifying possible staff liaisons to diverse populations.
8. Agrees that to the extent practicable, the project(s) will provide workforce education and training, contractor and job opportunities for disadvantaged communities (PRC §80001(b)(5)).
9. Certifies that the grantee shall not reduce the amount of funding otherwise available to be spent on parks or other projects eligible for funds under this division in its jurisdiction. A one-time allocation of other funding that has been expended for parks or other projects, but which is not available on an ongoing basis, shall not be considered when calculating a recipient’s annual expenditures. (PRC §80062(d)).
10. Certifies that the grantee has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Procedural Guide; and
11. Delegates the authority to the (designated position, not name of person occupying position), or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the grant scope(s); and
12. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.
PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on the 4th day of October, 2022 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
______________________________ _____________________________ Jerryl Soriano, City Clerk Scott Matas, Mayor
APPROVED AS TO FORM:
______________________________
Jennifer A. Mizrahi, City Attorney
SR-22-216
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: October 4, 2022
Department: Administrative Services
Prepared by: Geoffrey Buchheim, Administrative Services Director Subject: Annual Utility Users Tax Report
RECOMMENDATION:
Receive and file.
BACKGROUND:
The City of Desert Hot Springs, through voter approval, levies a 7% Utility Users Tax (UUT) on utility usage in the City limits. The utilities subjected to the tax include electric, gas, telecommunications, video, water & sewer. From the annual proceeds of the tax, 35.71% of the revenue is to be deposited into the City’s Debt Service Fund for payment of debt and 64.29% is to be deposited into the City’s Public Safety Fund to be used for public safety services.
DISCUSSION:
Pursuant to Section 3.28.190 of the City’s Municipal Code, the Administrative Services Director must provide an annual report on the UUT revenues and expenditures to the City Council. The report must include the amount of UUT revenue received by utility type for the prior fiscal year, the amount expended for services during the prior fiscal year, and a recommendation by the Finance Director as to whether a change in the tax rate is necessary.
For FY2021-2022, the City received $3,867,547 in UUT from the following categories:
The City expended $3,867,547 in UUT revenue for the following services:
SR-22-216
At this time, the Administrative Services Director does not recommend a change in the tax rate and to have it remain at its current rate of 7%.
FISCAL IMPACT:
With no change in the UUT tax rate, there will be no fiscal impact.
SR-22-219
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: October 4, 2022
Department: City Council
Subject: Discussion on Funding for Neighborhood Revitalization and Small Business Incentives
RECOMMENDATION:
Discuss and provide direction to Staff.
BACKGROUND:
Mayor Scott Matas and Councilman Roger Nuñez are leading the Desert Hot Springs Beautification Committee. This committee is focused on neighborhood and commercial beautification efforts in the City. The City of Desert Hot Springs Compliance Manager, Christina Newsom, and Desert Hot Springs residents James Nindel and Jackie Devereaux will also serve as committee members.
The Committee’s areas of focus include:
• Schools
o Coordinating every other month with our local schools to clean up the areas directly surrounding them
o Educating and bringing awareness to students on the importance of keeping our community clean
o Community service
o Pride
• Small Business District Beautification
o Façade improvements aimed at addressing ongoing concerns with the physical appearance of the downtown corridor and commercial areas o Crime prevention through environmental design (CPTED) - a program aimed at addressing and decreasing the impacts of criminal activity • Neighborhood Stabilization
o Outreach and education for residents and homeowners on the importance of working together to keep our community a clean and safe place to live o Removal of trash, junk, debris, and household items
o Assisting with property maintenance
▪ Paint
▪ Landscape
▪ Dilapidated roofs, fences, steps, patios, and porches ▪ Broken windows
SR-22-219
DISCUSSION:
The committee is requesting funding in the amount of $500,000 to be utilized for the creation of neighborhood and commercial beautification programs in the City. • $250,000 would be utilized to fund neighborhood stabilization in residential zones. • $250,000 to complete façade improvements for qualifying small businesses in commercial zones.
If approved, Staff would work with the Committee to facilitate programs for the clean up of blighted neighborhoods and commercial businesses.
FISCAL IMPACT:
Funding for these programs in available using the American Rescue Plan Act Funds, which has a balance of $4,984,573. For certain eligible expenditures, Housing Authority funds may be used for the program. The Housing Authority Fund currently has balance of $1,483,833.
If approved, these items will be added to the FY2022-23 Budget Adjustments which will come before City Council for approval on October 18, 2022.
SR-22-218
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: October 4, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: City Council Regular Meeting Minutes: September 20, 2022 RECOMMENDATION:
Approve the Minutes as presented; or as corrected.
ATTACHMENTS:
Draft City Council Regular Meeting Minutes - September 20, 2022
City of Desert Hot Springs
DRAFT ACTION MINUTES
City Council Meeting
6:00 PM - Tuesday, September 20, 2022
Council Chambers
CLOSED SESSION - 4:30 P.M.
CALL TO ORDER
Mayor Matas called the Closed Session to order at 4:30 P.M.
ROLL CALL
Present:
Council Members: Russell Betts, Roger Nuñez, Jan Pye
Mayor Pro Tem: Gary Gardner
Mayor: Scott Matas
PUBLIC COMMENTS
None.
Jennifer Mizrahi, City Attorney, announced the Closed Session Items.
CLOSED SESSION:
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8:
Property: APN 639-093-030
Agency Negotiator: Luke Rainey, City Manager
Daniel Porras, Assistant City Manager
Jennifer Mizrahi, City Attorney
Lynn Coker, Broker
Negotiating Parties: Young Ae Woo and the City of Desert Hot Springs Under Negotiation: Price and Terms
2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: One Potential Case
City Council
September 20, 2022
PRESENTATIONS - 5:00 P.M.
The Presentation Period commenced at 5:33 P.M.
Certificates of Recognition Presented to Kihon MMA
Mayor Matas and the City Council presented Certificates of Recognition to Madeline Meza, Andrea Frisque, Allison Enos, and Citilali Perez, for their outstanding achievements at the 2022 Youth Mixed Martial Arts World Championships in Abu Dhabi, United Arab Emirates.
Service Recognition for Detective Eddie Cole
Recognition was presented to Detective Eddie Cole for his service to the Desert Hot Springs Police Department and the City of Desert Hot Springs.
REGULAR SESSION - 6:00 P.M.
CALL TO ORDER
Mayor Matas called the Regular Session to order at 6:20 P.M.
ROLL CALL
Present:
Council Members: Russell Betts, Roger Nuñez, Jan Pye
Mayor Pro Tem: Gary Gardner
Mayor: Scott Matas
INVOCATION
Council Member Pye gave the Invocation.
PLEDGE OF ALLEGIANCE
Council Member Nuñez led the Pledge of Allegiance.
CITY ATTORNEY REPORT ON CLOSED SESSION
Jennifer Mizrahi, City Attorney, advised that there was no reportable action.
APPROVAL OF AGENDA
ACTION: Approve the September 20, 2022 Regular Meeting Agenda and approve the Consent Calendar in its entirety.
City Council
September 20, 2022
Moved by Council Member Betts
Seconded by Council Member Nuñez
Carried 5-0 by the following votes:
AYES: Betts, Nuñez, Pye, Gardner, and Matas
PUBLIC COMMENTS
1) Tom Moen spoke regarding tranquility park
2) Michael Duff expressed concerns regarding enforcement of the new short-term vacation rental regulations.
3) Eddie Johnson commended the Public Works Department. 4) Ronald Reed expressed concerns regarding parking near Mesquite Avenue and Ironwood Drive.
CITY MANAGER REPORT
Nicholas Haecker, Public Works Director, provided updates regarding various projects.
Roberta Crncic, Recreation and Community Services Director, provided updates and announcements regarding Desert Hot Springs Health and Wellness Center programs and services.
Geoffrey Buchheim, Administrative Services Director, provided a financial update.
MAYOR AND COUNCIL MEMBER REPORTS
Council Member Pye reported on the various meetings and events she attended.
Council Member Nuñez reported on the various meetings and events he attended.
Mayor Pro Tem Gardner reported on the various meetings and events he attended.
Council Member Betts reported on the various meetings and events he attended.
Mayor Matas reported on the various meetings and events he attended.
ADMINISTRATIVE CALENDAR:
3. Reimbursement Agreement with Palm Springs Unified School District for School Resource Officer (SRO) Services at Desert Hot Springs High School
City Council
September 20, 2022
Recommendation:
Authorize the City Manager to execute a two-year Reimbursement Agreement with the Palm Springs Unified School District for the City to provide a School Resource Officer in an amount not to exceed $251,438.33, with any substantive changes, except for price, to be negotiated by the City Manager.
Staff Report - SR-22-200 - Pdf
Steven Shaw, Deputy Police Chief, presented the staff report and responded to questions.
ACTION: Approve Staff recommendation.
Moved by Mayor Pro Tem Gardner
Seconded by Council Member Betts
Carried 5-0 by the following votes:
AYES: Betts, Nuñez, Pye, Gardner, and Matas
4. An Ordinance Amending Section 8.28.030 of Chapter 8.28 "Fireworks" of the Desert Hot Springs Municipal Code
Recommendation:
Introduce for First Reading and read by title only: "An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Section
8.28.030 of Chapter 8.28 "Fireworks" of the Desert Hot Springs Municipal Code."
Staff Report - SR-22-211 - Pdf
Erick Becerril, Community Development Director, presented the staff report.
Margaret Reed expressed concerns.
ACTION: Approve Staff recommendation.
Moved by Council Member Nuñez
Seconded by Council Member Pye
Carried 5-0 by the following votes:
AYES: Betts, Nuñez, Pye, Gardner, and Matas
5. Conflict of Interest Code Biennial Review and Update Recommendation:
Adopt a Resolution of the City Council of the City of Desert Hot Springs, California, amending the City's Conflict of Interest Code.
Staff Report - SR-22-210 - Pdf
Jerryl Soriano, City Clerk, presented the staff report and responded to
City Council
September 20, 2022
questions.
ACTION: Approve Staff Recommendation and adopt Resolution No. 2022-041.
Moved by Council Member Betts
Seconded by Council Member Nuñez
Carried 5-0 by the following votes:
AYES: Betts, Nuñez, Pye, Gardner, and Matas
6. Fiscal Year 2022-2023 Appropriations (Gann) Limit
Recommendation:
Adopt a Resolution of the City Council for the Fiscal Year 2022-2023 Appropriations Limit as required by Article XIIIB of the California State Constitution.
Staff Report - SR-22-213 - Pdf
Geoffrey Buchheim, Administrative Services Director, presented the staff report.
ACTION: Approve Staff recommendation and adopt Resolution No. 2022-042.
Moved by Mayor Pro Tem Gardner
Seconded by Council Member Nuñez
Carried 5-0 by the following votes:
AYES: Betts, Nuñez, Pye, Gardner, and Matas
CONSENT CALENDAR:
8. City Council Regular Meeting Minutes: September 6, 2022 Recommendation:
Approve the Minutes as presented; or as corrected.
Staff Report - SR-22-212 - Pdf
ACTION: Approved the Minutes as presented.
PUBLIC COMMENTS
None.
ADJOURN
Mayor Matas adjourned the meeting at 7:37 P.M.
City Council
September 20, 2022
Jerryl Soriano, CMC, City Clerk
SR-22-214
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: October 4, 2022
Department: Community Development
Prepared by: Jerryl Soriano, City Clerk
Subject: Second Reading and Adoption of An Ordinance Amending Section 8.28.030 of Chapter 8.28 "Fireworks" of the Desert Hot Springs Municipal Code RECOMMENDATION:
Approve Second Reading, read by title only and adopt: "An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Section 8.28.030 of Chapter 8.28 "Fireworks" of the Desert Hot Springs Municipal Code."
BACKGROUND:
The ordinance (Exhibit 2) was introduced and approved for first reading by the City Council on September 20, 2022.
The ordinance shall take effect thirty (30) days after its second reading.
FISCAL IMPACT:
None.
ATTACHMENTS:
Exhibit 1 - Staff Report from September 20, 2022
Exhibit 2 - Draft Fireworks Ordinance
SR-22-211
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: September 20, 2022
Department: Community Development
Prepared by: Erick Becerril, Community Development Director Subject: An Ordinance Amending Section 8.28.030 of Chapter 8.28 "Fireworks" of the Desert Hot Springs Municipal Code
RECOMMENDATION:
Introduce for First Reading and read by title only: "An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Section 8.28.030 of Chapter 8.28 "Fireworks" of the Desert Hot Springs Municipal Code."
BACKGROUND:
The City of Desert Hot Springs Staff processes applications to operate legal fireworks stands within the City limits. Each year Staff reviews the issuance of fireworks stand permits and issues the approved amount, set forth and approved by City Council.
DISCUSSION:
Over the last few years, Staff has been receiving five (5) applications for fireworks stands, which have been approved by the City Council. Currently, Chapter 8.28 of the Desert Hot Springs Municipal Code allows for the issuance of four (4) fireworks stands.
To accomodate the previously approved applications, while allowing for a potential additional non-profit organization to participate, Staff is proposing to amend Title 8 of the DHSMC by to allow for up to six (6) fireworks stands. Also, Staff is proposing to assign the City Manager or designee to review fireworks stand applications.
FISCAL IMPACT:
None.
ENVIRONMENTAL ANALYSIS:
The adoption of this ordinance is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of this Ordinance in question may have a significant effect on the environment.
ATTACHMENTS:
Exhibit 1 - Draft Fireworks Ordinance
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DESERT HOT SPRINGS, CALIFORNIA, AMENDING SECTION
8.28.030 OF CHAPTER 8.28 “FIREWORKS” OF THE CITY OF
DESERT HOT SPRINGS MUNICIPAL CODE
WHEREAS, the City of Desert Hot Springs Municipal Code (“DHSMC”) states that “safe and sane” fireworks, as defined by Section 12529 of the California Health and Safety Code, may be sold and discharged within the City of Desert Hot Springs (“City”) pursuant to the provisions of Chapter 8.28 of the DHSMC; and WHEREAS, DHSMC Section 8.28.030 currently sets forth the procedures to obtain a permit to sell safe and sane fireworks; and
WHEREAS, this Ordinance clarifies those procedures allowing the City Manager, or his/her designee, to review the process; and
WHEREAS, the City Council finds that the passage of this Ordinance is in the best interest of the public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS AS FOLLOWS:
Section 1. RECITALS
The above recitals are true and correct and are incorporated herein by this reference.
Section 2. AMENDMENT OF SECTION 8.28.030 of CHAPTER
8.28 “FIREWORKS”
Section 8.28.030 shall be amended to read as follows:
8.28.030 Permits required to sell safe and sane fireworks.
No person shall offer for sale or sell at retail any safe and sane fireworks in the City without having first applied for and received the following permits:
A. Permits Required.
1. Fireworks Program Permit. No person shall offer for sale or sell at retail any safe and sane fireworks in the City without having first applied for and received a fireworks program permit issued by the City’s Fire Department.
2. Fireworks Safety Permit. No person shall offer for sale or sell at retail any safe and sane fireworks in the City without having first applied for and received a fireworks safety permit issued by the City’s Fire Department.
3. No permit shall be issued to any organization not qualified under the provisions of this chapter.
B. Permit Fees.
1. The cost of the fireworks program permit fee shall be established by resolution of the City Council and shall be no less than $500 per permit. Proceeds of said fee shall be used to defray the City’s inspection, enforcement, public education and clean up costs for the fireworks program.
2. The cost of the fireworks safety permit fee shall be no less than $100, as established by resolution of the City Council. Proceeds of said fee shall be used to defray the City’s costs for compliance with applicable laws and regulations pertaining to the sale and storage of fireworks.
3. In the case of a joint venture, as permitted under Section 8.28.040(E), only one fireworks program permit and/or one fireworks safety permit fee shall be required to be paid.
C. Zoning Restrictions. Each fireworks stand must be on private property located in a commercial or industrial zone and may include vacant lots or otherwise unimproved real property.
D. Permit Application Process.
1. An application for a fireworks program permit and an application for a fireworks safety permit (collectively, “fireworks permits”) shall be submitted together, on forms provided by the City’s Fire Department.
2. Applications for fireworks permits shall include a detailed and specific description of the operation of and the location of the proposed site for a fireworks stand and shall identify whether the proposed site is to be located on improved or unimproved private property. The Fire Marshal or designee shall have the sole discretion to approve the proposed site for a fireworks stand in accordance with applicable safety requirements and the requirements for a fireworks stand set forth in this chapter. The Fire Marshal or designee shall have the sole discretion to impose mitigation measures
on an applicant based on site access, dust control, or any other fire or life safety considerations.
3. Applicants for fireworks permits that propose a site for a fireworks stand on unimproved private property shall comply with Desert Hot Springs Municipal Code Chapter 15.84, titled “Control of (PM10) Fugitive Dust Emissions” and any other applicable City regulations, by submitting to the City a PM10 plan for fugitive dust mitigation measures and by submitting to the City the applicable administrative review fees for said plan.
Applicants for fireworks permits shall submit a City-approved PM10 plan for fugitive dust mitigation measures to the City’s Fire Department, together with the application for fireworks permits.
4. Applications for fireworks permits shall be accompanied by the following:
a. A nonrefundable application fee of $100 which shall be used to defray the administrative costs of processing the permit application; b. A City-approved PM10 plan for fugitive dust mitigation measures if the proposed site for a fireworks stand is to be located on unimproved private property; c. Payment, in full, of the fireworks program permit fee and the fireworks safety permit fee;
d. Written permission of the owner of record and lessee, if applicable, where the stand is to be located which provides the owner’s and lessee’s consent to the construction and operation of a fireworks stand at said location; e. Written assurance that, if the fireworks permits are issued to applicant, applicant shall, at the time of receipt of the permits, deliver to the City’s Fire Department, $1,000,000 public liability and $1,000,000 property damage insurance certificates designating the City as an additional insured there under, and a certified copy of the requisite license from the State Fire Marshal; f. Bylaws and other written evidence of the organization’s tax exempt status; and
g. A cash deposit, certificate of deposit or a surety bond made payable to the City in the amount of $150 to assure compliance with the provisions of this chapter.
Such deposit, certificate, or bond shall be refundable immediately to those applicants who are denied issuance of fireworks permits. Deposits, certificates, or bonds shall be refunded to applicants who are issued fireworks permits upon compliance with the provisions and requirements of this chapter, including, but not limited to, the removal of
the stand and the cleaning up of the site. In the event the permitted applicant/organization does not so comply or remove the stand or clean up the site to the Fire Marshal’s or designee’s reasonable satisfaction, the City may remove the stand and/or clean the site, or cause the same to be done by other persons, and the reasonable cost thereof shall be a charge against the permitted applicant/organization and its surety and the deposit, certificate or bond.
5. Applications for fireworks permits must be submitted between the 30th day of March and the sixth day of April of each year, except that for the year 2009, applications must be submitted no later than June 10, 2009.
6. Applications for fireworks permits shall be reviewed for compliance with this chapter by a committee consisting of one representative from the Fire Department, one representative from the City’s Finance Department and one representative from the City Manager’s Office (“Fireworks Committee”) the City Manager, or his/her designee. All applications for the fireworks permits approved by the Fireworks Committee City Manager, or his/her designee, shall be forwarded to the City Council for consideration and approval by resolution, together with the Fireworks Committee City Manager, or his/her designee, report of its findings and recommendations.
7. Each calendar year, the City Council may issue up to SIX (6) fireworks permits.
8. Notice of Grant or Denial. Applicants for fireworks permits shall be notified of the acceptance or rejection of the applications for said permits by the City’s Fireworks Committee City Manager, or his/her designee within ten days of the City Council’s decision on the applications, but no later than the second regular City Council meeting scheduled in the month of May.
9. Refund of Fees. Any applicant whose application was rejected by the City shall be entitled to a full refund of the fireworks program permit and the fireworks safety permit fees.
10. Unclaimed Permits. In the event that any fireworks permits issued by the City Council go unclaimed, the Fireworks Chief City Manager, or his/her designee may randomly select from the pool of the applications for fireworks permits that were submitted to but not approved by the City Council and may issue fireworks permits to the randomly selected organization(s) specified in subsection (D)(7) of this section.
E. Firework permits are not transferable.
F. Only one set of fireworks permits shall be issued per organization IRS identification number, even in the case of a joint venture as permitted by
Section 8.28.040(E). The organization providing the IRS identification number shall be primarily responsible to the City for any breach of law or act of negligence. The other organization in the joint venture is not, because of this provision, relieved of any liability to the City.
G. The cash deposit, certificate of deposit or surety bond made payable to the City in the amount of $150 shall be refunded to the permittee pursuant to subsection (D)(4)(g) of this section. (Prior code § 101.03)
Section 3. SEVERABILITY
The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.
Section 4. REPEAL OF CONFLICTING PROVISIONS
All the provisions of the Municipal Code as heretofore adopted by the City of Desert Hot Springs that are in conflict with the provisions of this ordinance are hereby repealed.
Section 5. AMENDING OF BAIL SCHEDULE
The City Attorney’s Office is hereby directed to determine whether this ordinance necessitates amendment of the City’s Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside.
Section 6. EFFECTIVE DATE
This ordinance shall take effect thirty (30) days after its second reading.
Section 7. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.
[END OF PAGE]
PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on the ___ day of ________, 2022 by the following vote:
Ayes:
Noes:
Abstain:
Absent:
_______________________________
Scott Matas, Mayor
ATTEST:
____________________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
____________________________________
Jennifer Mizrahi, City Attorney
https://streamkim.sharepoint.com/sites/ZDrive/Shared Documents/data/004 DHS/DHSO/0001-01 General/Doc/5096-DHSOFireworks Ordinance (06.16.16) ENTIRE CHAPTER - Copy.docx