2. Cost Estimate
City of Desert Hot Springs Drainage Assessment District No. 1 Engineer’s Report for Fiscal Year 2023-24 15
Table 2‐12
Zone 13 – Vista Santa Fe Budget
Estimated through June 30
Direct Costs FY 2022‐23 FY 2023‐24
Block Walls/Fencing $0.00 $0.00
Drainage Inlets $0.00 $0.00
Retention Basin $0.00 $0.00
Rip Rap Area $0.00 $0.00
Total Direct Costs $0.00 $0.00
Indirect Costs
Administrative Consultant $5.65 $4.81
City Personnel/Overhead $0.00 $0.00
County Administration Fees $104.93 $104.93
Maintenance Repairs & Contingency $0.00 $0.00
Rounding $0.00 $0.00
Total Indirect Costs $110.58 $109.74
Total Direct & Indirect Costs $110.58 $109.74
Adjustments
Operating Reserve Collection/Contribution $0.00 $0.00 Capital Replacement Collection/Contribution $949.90 $971.86 Total Adjustments $949.90 $971.86
Total Assessment $1,060.48 $1,081.60
Reserve Fund Balances
Beginning Operating Reserve $55.29 $0.00
Reserve Collection/Contribution $0.00 $0.00
Est. Ending Operating Reserve (1) $55.29 $0.00
Beginning Capital Replacement Reserve $95,364.73 $93,183.91 Reserve Contribution $949.90 $971.86
Est. Ending Capital Replacement Reserve (2) $96,314.63 $94,155.77 (1) The Operating Reserve Fund may equal up to 50% of the estimated annual cost of providing services funded by the District and shall be used to pay the cost of services until the District receives funds from the assessment levy. (2) The Capital Replacement Reserve fund will be used for capital improvement projects including the cost to replace and/or renovate larger, more expensive improvements within the benefit zone. These improvements have finite life expectancies and will need to be replaced at some point in the future. On an annual basis, any non‐expended assessment monies, in excess of the Operating Reserve Contribution, will be transferred to the Capital Replacement Reserve fund until such time as there are sufficient monies to pay for these and/or other unforeseen improvement costs. Please refer to Appendix C for a list of capital improvement projects by Zone.
Item Number: 8.
2. Cost Estimate
City of Desert Hot Springs Drainage Assessment District No. 1 Engineer’s Report for Fiscal Year 2023-24 16
Table 2‐13
Zone 14 – Rolling Hills Estates Budget
Estimated through June 30
Direct Costs FY 2022‐23 FY 2023‐24
Block Walls/Fencing $199.40 $233.96
Contract Maintenance $7,162.26 $8,230.25
Drainage Inlets $83.34 $97.78
Total Direct Costs $7,445.00 $8,562.00
Indirect Costs
Administrative Consultant $713.75 $659.01
City Personnel/Overhead $5,696.00 $5,696.00
County Administration Fees $108.80 $108.80
Maintenance Repairs & Contingency $0.00 $0.00
Rounding $0.00 $0.00
Total Indirect Costs $6,518.55 $6,463.81
Total Direct & Indirect Costs $13,963.55 $15,025.81
Adjustments
Operating Reserve Collection/Contribution $0.00 $0.00 Capital Replacement Collection/Contribution $1,632.03 $882.19 Total Adjustments $1,632.03 $882.19
Total Assessment $15,595.58 $15,908.00
Reserve Fund Balances
Beginning Operating Reserve $6,981.78 $4,281.00
Reserve Collection/Contribution $0.00 $0.00
Est. Ending Operating Reserve (1) $6,981.78 $4,281.00
Beginning Capital Replacement Reserve $33,647.79 $38,899.38 Reserve Contribution $1,632.03 $882.19
Est. Ending Capital Replacement Reserve (2) $35,279.82 $39,781.57 (1) The Operating Reserve Fund may equal up to 50% of the estimated annual cost of providing services funded by the District and shall be used to pay the cost of services until the District receives funds from the assessment levy. (2) The Capital Replacement Reserve fund will be used for capital improvement projects including the cost to replace and/or renovate larger, more expensive improvements within the benefit zone. These improvements have finite life expectancies and will need to be replaced at some point in the future. On an annual basis, any non‐expended assessment monies, in excess of the Operating Reserve Contribution, will be transferred to the Capital Replacement Reserve fund until such time as there are sufficient monies to pay for these and/or other unforeseen improvement costs.
Item Number: 8.
2. Cost Estimate
City of Desert Hot Springs Drainage Assessment District No. 1 Engineer’s Report for Fiscal Year 2023-24 17
Table 2‐14
Zone 17 – The Arbors Budget
Estimated through June 30
Direct Costs FY 2022‐23 FY 2023‐24
Drainage Inlets, Catch Basin, Storm Pipes $0.00 $0.00 Drainage Pipes $1,000.00 $4,000.00
Retention Basin $0.00 $0.00
Total Direct Costs $1,000.00 $4,000.00
Indirect Costs
Administrative Consultant $234.89 $337.62
City Personnel/Overhead $3,255.00 $3,255.00
County Administration Fees $105.36 $105.36
Maintenance Repairs & Contingency $0.00 $0.00
Rounding $0.00 $0.00
Total Indirect Costs $3,595.25 $3,697.98
Total Direct & Indirect Costs $4,595.25 $7,697.98
Adjustments
Operating Reserve Collection/Contribution $5,006.43 $2,000.00 Capital Replacement Collection/Contribution $0.00 $95.76 Total Adjustments $5,006.43 $2,095.76
Total Assessment $9,601.68 $9,793.74
Reserve Fund Balances
Beginning Operating Reserve ($4,446.27) $0.00
Reserve Collection/Contribution $5,006.43 $2,000.00
Est. Ending Operating Reserve (1) $560.16 $2,000.00
Beginning Capital Replacement Reserve $0.00 $579.60
Reserve Contribution $0.00 $95.76
Est. Ending Capital Replacement Reserve (2) $0.00 $675.36 (1) The Operating Reserve Fund may equal up to 50% of the estimated annual cost of providing services funded by the District and shall be used to pay the cost of services until the District receives funds from the assessment levy. (2) The Capital Replacement Reserve fund will be used for capital improvement projects including the cost to replace and/or renovate larger, more expensive improvements within the benefit zone. These improvements have finite life expectancies and will need to be replaced at some point in the future. On an annual basis, any non‐expended assessment monies, in excess of the Operating Reserve Contribution, will be transferred to the Capital Replacement Reserve fund until such time as there are sufficient monies to pay for these and/or other unforeseen improvement costs.
Item Number: 8.
3. Method of Apportionment
City of Desert Hot Springs Drainage Assessment District No. 1 Engineer’s Report for Fiscal Year 2023-24 18
Proposition 218 Compliance
On November 5, 1996, California voters approved Proposition 218, entitled “Right to Vote on Taxes Act,” which added Article XIIID to the California Constitution. While its title refers only to taxes, Proposition 218 establishes new procedural requirements for the formation and administration of assessment districts. Proposition 218 also requires that with certain specified exceptions, which are described below, all existing assessment districts must be ratified by the property owners within the District using the new procedures.
Some of these exceptions include:
1. Any assessments imposed exclusively to finance the capital cost or maintenance and operation expenses for streets.
2. Any assessments levied pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed.
However, even if assessments are initially exempt from Proposition 218, if the assessments are increased in the future, the City will need to comply with the provisions of Proposition 218 for that portion of the increased assessment formula (e.g., CPI increase).
Proposition 218 does not define the term “streets,” however, based on the opinions of the public agency officials, attorneys, assessment engineers, and Senate Bill 919, it has been determined that streets include all public improvements located within the street rights‐of‐way. This would include median and parkway landscaping, traffic signals, safety lighting, and street lighting.
Proposition 218 defines “assessment” as “any levy or charge upon real property by an agency for a special benefit conferred upon the real property”, California Constitution, Article XIII D, §2(b). A special assessment, sometimes called a “benefit assessment,” is a charge generally levied upon parcels of real property to pay for benefits the parcels receive from local improvements. Special assessments are levied according to statutory authority granted by the Legislature or, in some instances, local charters. Distinguishing among taxes, fees, and assessments can be difficult and often depends on the context in which the distinction is made. For example, taxes, assessments, and property‐related fees all may be imposed on property. The key feature that distinguishes an assessment from a tax, fee, or charge is the existence of a special benefit to real property.
Without identifying a special benefit, there can be no assessment.
Distinguishing General and Special Benefit
Proposition 218 added a set of procedures and requirements, which a local government must follow to levy an assessment. In addition to notice, hearing, and assessment ballot proceedings, Proposition 218 provides that “only special benefits are assessable” and requires a local government to “separate the general benefits from the special benefits conferred on a parcel.”
By its nature, most public improvements financed through an assessment district contain an element of public benefit. The test is: does there exist, with relation to the improvement, a special benefit to the property assessed? The law requires that portion of the cost of the improvement, which benefits the public generally to be separated from that portion of the cost of the improvement, which specially benefits assessed properties.
Proposition 218 provides the following definition of “special benefit”:
“Special benefit” means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute “special benefit”.
The actual assessment and the amount of the assessment for the Fiscal Year 2023‐2024 apportioned to each parcel as shown on the latest equalized roll at the County Assessor’s office are listed in Appendix A of this Item Number: 8.
3. Method of Apportionment
City of Desert Hot Springs Drainage Assessment District No. 1 Engineer’s Report for Fiscal Year 2023-24 19
Report. The description of each lot or parcel is part of the records of the County Assessor of the County of Riverside, and such records are, by reference, made part of this Report.
Method of Apportionment
Pursuant to the Benefit Assessment Act of 1982 and Article XIII D of the Constitution of the State of California, all parcels that have special benefit conferred upon them as a result of the maintenance and operation of improvements shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire cost of the maintenance and operation of the improvements. Only parcels that receive direct special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
To apportion the Estimated Costs of any Zone during any Fiscal Year, each of the subdivided Single‐Family Lots within the Zone is deemed to receive equal special benefit from the Improvements. The Assessment for Single‐ Family Lots within the Zone is calculated by dividing the total Zone Assessment by the total number of existing subdivided Single‐Family Lots within the Zone to determine the Annual Assessment per Single‐Family Lot.
Direct and Special Benefit
Particular direct and special benefit is provided by the improvements, which include protection and preservation of private property within the Zone from damage caused by flooding.
General Benefit
The flood control facilities provide no general public benefit; the properties within the Zone are a discrete neighborhood for which the improvements were installed and are being maintained for the sole benefit and enjoyment of those properties.
Benefit by Zone
Each of the developed parcels within the zones listed below has been deemed to receive proportional special benefit from the maintenance and operation of the improvements within that zone. The percentage change in the allowable Fiscal Year 2023‐24 assessment from the allowable Fiscal Year 2022‐23 assessment is as follows:
Item Number: 8.
3. Method of Apportionment
City of Desert Hot Springs Drainage Assessment District No. 1 Engineer’s Report for Fiscal Year 2023-24 20
Table 3‐1
Allowable Assessments
Estimated Cost
FY 2023‐24*
Assessable
Parcels
Allowable
Assessment
per Parcel
FY 2022‐23
Allowable
Assessment
per Parcel
FY 2023‐24
Allowable
Assessment
Rate
Change (%)
Actual
Assessment
per Parcel
FY 2023‐24
Zone 1 $37,982.31 203 $110.44 $112.64 2.0% $112.64 Zone 2 $68,917.64 81 $286.80 $292.53 2.0% $292.52 Zone 3 $36,965.81 59 $463.16 $472.42 2.0% $472.42 Zone 4 $30,370.99 153 $110.74 $112.95 2.0% $112.94 Zone 5 $17,655.06 92 $104.63 $106.72 2.0% $106.72 Zone 6 $21,565.08 63 $356.22 $363.34 2.0% $363.34 Zone 7 $19,313.43 40 $247.87 $252.82 2.0% $252.82 Zone 8 $16,247.08 31 $253.49 $258.56 2.0% $258.56 Zone 9 $1,841.20 96 $554.67 $565.76 2.0% $56.56 Zone 10 $3,514.50 33 $354.90 $361.99 2.0% $271.48 Zone 11 $0.00 0 $141.82 $144.65 2.0% $0.00
Zone 12 $53,400.67 394 $92.15 $93.99 2.0% $93.98 Zone 13 $109.74 32 $331.42 $338.04 2.0% $33.80
Zone 14 $15,025.81 41 $380.40 $388.00 2.0% $388.00 Zone 16 $0.00 0 $204.32 $208.40 2.0% $0.00
Zone 17 $7,697.98 33 $290.98 $296.79 2.0% $296.78 *Does not include operating reserve and capital replacement collections or contributions.
Item Number: 8.
4. Proposed Assessment
City of Desert Hot Springs Drainage Assessment District No. 1 Engineer’s Report for Fiscal Year 2023-24 21
As of February 1, of each fiscal year after the base year (2004‐05), the maximum amount of each assessment (the “Maximum Assessment”) shall be increased by 2%. It is specifically provided that the Maximum Assessment shall be increased each fiscal year, computed on the previous fiscal year’s Maximum Assessment. The Annual Assessment may be less than, but shall not exceed, the Maximum Assessment unless appropriate proceedings are conducted by the District to authorize any increase beyond the Maximum Assessment. For assessment information prior to Fiscal Year 2018‐19, please see prior years Engineer’s Reports.
Table 4‐1
Zone 1‐ Hacienda Heights
Fiscal Year Increase Maximum Assessment Actual Assessment Percentage of
Maximum
2018‐19 2% $102.03 $102.02 100%
2019‐20 2% $104.07 $104.06 100%
2020‐21 2% $106.15 $106.14 100%
2021‐22 2% $108.27 $108.26 100%
2022‐23 2% $110.44 $110.44 100%
2023‐24 2% $112.64 $112.64 100%
Table 4‐2
Zone 2 – Desert View II & III
Fiscal Year Increase Maximum Assessment Actual Assessment Percentage of
Maximum
2018‐19 2% $264.96 $264.96 100%
2019‐20 2% $270.25 $270.24 100%
2020‐21 2% $275.66 $275.66 100%
2021‐22 2% $281.17 $281.16 100%
2022‐23 2% $286.80 $286.80 100%
2023‐24 2% $292.53 $292.52 100%
Table 4‐3
Zone 3 – Foxdale
Fiscal Year Increase Maximum Assessment Actual Assessment Percentage of
Maximum
2018‐19 2% $427.89 $427.88 100%
2019‐20 2% $436.44 $436.44 100%
2020‐21 2% $445.17 $445.16 100%
2021‐22 2% $454.08 $454.08 100%
2022‐23 2% $463.16 $463.16 100%
2023‐24 2% $472.42 $472.42 100%
Item Number: 8.
4. Proposed Assessment
City of Desert Hot Springs Drainage Assessment District No. 1 Engineer’s Report for Fiscal Year 2023-24 22
Table 4‐4
Zone 4 – Vista Hacienda
Fiscal Year Increase Maximum Assessment Actual Assessment Percentage of
Maximum
2018‐19 2% $102.31 $102.30 100%
2019‐20 2% $104.35 $104.34 100%
2020‐21 2% $106.44 $106.44 100%
2021‐22 2% $108.57 $108.56 100%
2022‐23 2% $110.74 $110.74 100%
2023‐24 2% $112.95 $112.94 100%
Table 4‐5
Zone 5 – Eagle Point
Fiscal Year Increase Maximum Assessment Actual Assessment Percentage of
Maximum
2018‐19 2% $96.66 $96.66 100%
2019‐20 2% $98.59 $98.58 100%
2020‐21 2% $100.56 $100.56 100%
2021‐22 2% $102.57 $102.56 100%
2022‐23 2% $104.62 $104.62 100%
2023‐24 2% $106.72 $106.72 100%
Table 4‐6
Zone 6 – Sunset Springs
Fiscal Year Increase Maximum Assessment Actual Assessment Percentage of
Maximum
2018‐19 2% $329.09 $329.08 100%
2019‐20 2% $335.67 $335.66 100%
2020‐21 2% $342.38 $342.38 100%
2021‐22 2% $349.23 $349.22 100%
2022‐23 2% $356.21 $356.20 100%
2023‐24 2% $363.34 $363.34 100%
Table 4‐7
Zone 7 – El Dorado
Fiscal Year Increase Maximum Assessment Actual Assessment Percentage of
Maximum
2018‐19 2% $228.99 $228.98 100%
2019‐20 2% $233.56 $233.56 100%
2020‐21 2% $238.24 $238.24 100%
2021‐22 2% $243.00 $243.00 100%
2022‐23 2% $247.86 $247.86 100%
2023‐24 2% $252.82 $252.82 100%
Item Number: 8.
4. Proposed Assessment
City of Desert Hot Springs Drainage Assessment District No. 1 Engineer’s Report for Fiscal Year 2023-24 23
Table 4‐8
Zone 8 – Desert View 4
Fiscal Year Increase Maximum Assessment Actual Assessment Percentage of
Maximum
2018‐19 2% $234.19 $234.18 100%
2019‐20 2% $238.87 $238.86 100%
2020‐21 2% $243.65 $243.64 100%
2021‐22 2% $248.52 $248.52 100%
2022‐23 2% $253.49 $253.48 100%
2023‐24 2% $258.56 $258.56 100%
Table 4‐9
Zone 9 – Hidden Springs
Fiscal Year Increase Maximum Assessment Actual Assessment Percentage of
Maximum
2018‐19 2% $512.43 $0.00 0%
2019‐20 2% $522.68 $0.00 0%
2020‐21 2% $533.13 $63.96 12%
2021‐22 2% $543.79 $54.36 10%
2022‐23 2% $554.67 $55.46 10%
2023‐24 2% $565.76 $56.56 10%
Table 4‐10
Zone 10 – Rancho Buena Vista
Fiscal Year Increase Maximum Assessment Actual Assessment Percentage of
Maximum
2018‐19 2% $327.87 $295.08 90%
2019‐20 2% $334.42 $300.96 90%
2020‐21 2% $341.11 $306.98 90%
2021‐22 2% $347.93 $260.94 75%
2022‐23 2% $354.89 $266.16 75%
2023‐24 2% $361.99 $271.48 75%
Table 4‐11
Zone 11 – Summit
Fiscal Year Increase Maximum Assessment Actual Assessment Percentage of
Maximum
2018‐19 2% $131.02 $0.00 0%
2019‐20 2% $133.64 $0.00 0%
2020‐21 2% $136.31 $0.00 0%
2021‐22 2% $139.03 $0.00 0%
2022‐23 2% $141.82 $0.00 0%
2023‐24 2% $144.65 $0.00 0%
Item Number: 8.
4. Proposed Assessment
City of Desert Hot Springs Drainage Assessment District No. 1 Engineer’s Report for Fiscal Year 2023-24 24
Table 4‐12
Zone 12– Skyborne
Fiscal Year Increase Maximum Assessment Actual Assessment Percentage of
Maximum
2018‐19 2% $85.13 $85.12 100%
2019‐20 2% $86.83 $86.82 100%
2020‐21 2% $88.56 $88.56 100%
2021‐22 2% $90.34 $90.34 100%
2022‐23 2% $92.14 $92.14 100%
2023‐24 2% $93.99 $93.98 100%
Table 4‐13
Zone 13 – Vista Santa Fe
Fiscal Year Increase Maximum Assessment Actual Assessment Percentage of
Maximum
2018‐19 2% $306.18 $244.94 80%
2019‐20 2% $312.30 $249.84 80%
2020‐21 2% $318.54 $254.82 80%
2021‐22 2% $324.92 $32.48 10%
2022‐23 2% $331.41 $33.14 10%
2023‐24 2% $338.04 $33.80 10%
Table 4‐14
Zone 14 – Rolling Hills Est.
Fiscal Year Increase Maximum Assessment Actual Assessment Percentage of
Maximum
2018‐19 2% $351.43 $351.42 100%
2019‐20 2% $358.45 $358.46 100%
2020‐21 2% $365.62 $365.62 100%
2021‐22 2% $372.94 $372.94 100%
2022‐23 2% $380.39 $380.38 100%
2023‐24 2% $388.00 $388.00 100%
Table 4‐15
Zone 16 – Hunter’s Run
Fiscal Year Increase Maximum Assessment Actual Assessment Percentage of
Maximum
2018‐19 2% $188.76 $0.00 0%
2019‐20 2% $192.53 $0.00 0%
2020‐21 2% $196.38 $0.00 0%
2021‐22 2% $200.31 $0.00 0%
2022‐23 2% $204.31 $0.00 0%
2023‐24 2% $208.40 $0.00 0%
Item Number: 8.
4. Proposed Assessment
City of Desert Hot Springs Drainage Assessment District No. 1 Engineer’s Report for Fiscal Year 2023-24 25
Table 4‐16
Zone 17 – The Arbors
Fiscal Year Increase Maximum Assessment Actual Assessment Percentage of
Maximum
2018‐19 2% $268.82 $268.82 100%
2019‐20 2% $274.19 $274.18 100%
2020‐21 2% $279.68 $279.68 100%
2021‐22 2% $285.27 $285.26 100%
2022‐23 2% $290.97 $290.96 100%
2023‐24 2% $296.79 $296.78 100%
Item Number: 8.
APPENDIX A
Assessment Roll
Item Number: 8.
PIN Levy Amount PIN Levy Amount
681501 - DAD1 Zone 01
CITY OF DESERT HOT SPRINGS DRAINAGE ASSESSMENT DISTRICT NO. 1 Fiscal Year 2023-24 Assessment Roll
644240001 $112.64
644240002 $112.64
644240003 $112.64
644240004 $112.64
644240005 $112.64
644240006 $112.64
644240007 $112.64
644240008 $112.64
644240009 $112.64
644240010 $112.64
644240011 $112.64
644240012 $112.64
644240013 $112.64
644240014 $112.64
644240015 $112.64
644240016 $112.64
644240017 $112.64
644240018 $112.64
644240019 $112.64
644240020 $112.64
644240021 $112.64
644241001 $112.64
644241002 $112.64
644241003 $112.64
644242001 $112.64
644242002 $112.64
644242003 $112.64
644250001 $112.64
644250002 $112.64
644250003 $112.64
644250004 $112.64
644250005 $112.64
644250006 $112.64
644250007 $112.64
644250008 $112.64
644250009 $112.64
644250010 $112.64
644250011 $112.64
644250012 $112.64
644250013 $112.64
644251001 $112.64
644251002 $112.64
644251003 $112.64
644251004 $112.64
644251005 $112.64
644251006 $112.64
644251007 $112.64
644251008 $112.64
644251009 $112.64
644251010 $112.64
644251011 $112.64
644251012 $112.64
644251013 $112.64
644251014 $112.64
644252001 $112.64
644252002 $112.64
644252003 $112.64
644252004 $112.64
644252005 $112.64
644252006 $112.64
644252007 $112.64
644252008 $112.64
644252009 $112.64
644252010 $112.64
644252011 $112.64
644252012 $112.64
644252013 $112.64
644252014 $112.64
644252015 $112.64
644252016 $112.64
644252017 $112.64
644252018 $112.64
644252019 $112.64
644252020 $112.64
644252021 $112.64
644252022 $112.64
644252023 $112.64
644252024 $112.64
644252025 $112.64
644252026 $112.64
644252027 $112.64
644253001 $112.64
644253002 $112.64
644253003 $112.64
644253004 $112.64
644253005 $112.64
644253006 $112.64
644253007 $112.64
644253008 $112.64
644253009 $112.64
644253010 $112.64
644253011 $112.64
644253012 $112.64
644254001 $112.64
644254002 $112.64
644254003 $112.64
City of Desert Hot Springs - Drainage Assessment District No. 1 Page 1 of 22 Item Number: 8.
PIN Levy Amount PIN Levy Amount
681501 - DAD1 Zone 01
CITY OF DESERT HOT SPRINGS DRAINAGE ASSESSMENT DISTRICT NO. 1 Fiscal Year 2023-24 Assessment Roll
644254004 $112.64
644254005 $112.64
644254006 $112.64
644254007 $112.64
644254008 $112.64
644254009 $112.64
644254010 $112.64
644260001 $112.64
644260002 $112.64
644260003 $112.64
644260004 $112.64
644260005 $112.64
644260006 $112.64
644260007 $112.64
644260008 $112.64
644260009 $112.64
644260010 $112.64
644260011 $112.64
644260012 $112.64
644260013 $112.64
644260014 $112.64
644260015 $112.64
644260016 $112.64
644260017 $112.64
644260018 $112.64
644260019 $112.64
644260020 $112.64
644260021 $112.64
644260022 $112.64
644261001 $112.64
644261002 $112.64
644261003 $112.64
644261004 $112.64
644262001 $112.64
644262002 $112.64
644262003 $112.64
644262004 $112.64
644262005 $112.64
644262006 $112.64
644262007 $112.64
644262008 $112.64
644262009 $112.64
644262010 $112.64
644262011 $112.64
644262012 $112.64
644262013 $112.64
644262014 $112.64
644262015 $112.64
644262016 $112.64
644262017 $112.64
644262018 $112.64
644262019 $112.64
644262020 $112.64
644262021 $112.64
644262022 $112.64
644262023 $112.64
644270002 $112.64
644270003 $112.64
644270004 $112.64
644270005 $112.64
644270006 $112.64
644270007 $112.64
644270008 $112.64
644270009 $112.64
644270010 $112.64
644270011 $112.64
644270012 $112.64
644270013 $112.64
644270014 $112.64
644270015 $112.64
644270016 $112.64
644270017 $112.64
644270018 $112.64
644270019 $112.64
644270020 $112.64
644270021 $112.64
644270022 $112.64
644270023 $112.64
644270024 $112.64
644270025 $112.64
644270026 $112.64
644270027 $112.64
644270028 $112.64
644270029 $112.64
644270030 $112.64
644270031 $112.64
644270032 $112.64
644270033 $112.64
644270034 $112.64
644270035 $112.64
644271001 $112.64
644271002 $112.64
644271003 $112.64
644271004 $112.64
644271005 $112.64
644271006 $112.64
City of Desert Hot Springs - Drainage Assessment District No. 1 Page 2 of 22 Item Number: 8.
PIN Levy Amount PIN Levy Amount
681501 - DAD1 Zone 01
CITY OF DESERT HOT SPRINGS DRAINAGE ASSESSMENT DISTRICT NO. 1 Fiscal Year 2023-24 Assessment Roll
644271007 $112.64
644271008 $112.64
644271009 $112.64
644271010 $112.64
644271011 $112.64
644271012 $112.64
644271013 $112.64
644271014 $112.64
644271015 $112.64
644271016 $112.64
644271017 $112.64
203 $22,865.92
City of Desert Hot Springs - Drainage Assessment District No. 1 Page 3 of 22 Item Number: 8.
PIN Levy Amount PIN Levy Amount
681502 - DAD1 Zone 02
CITY OF DESERT HOT SPRINGS DRAINAGE ASSESSMENT DISTRICT NO. 1 Fiscal Year 2023-24 Assessment Roll
656440001 $292.52
656440002 $292.52
656440003 $292.52
656440004 $292.52
656440005 $292.52
656440006 $292.52
656440007 $292.52
656440008 $292.52
656440009 $292.52
656440010 $292.52
656440011 $292.52
656440012 $292.52
656440013 $292.52
656440014 $292.52
656440015 $292.52
656440016 $292.52
656440017 $292.52
656441001 $292.52
656441002 $292.52
656441003 $292.52
656441004 $292.52
656441005 $292.52
656441006 $292.52
656441007 $292.52
656441008 $292.52
656441009 $292.52
656441010 $292.52
656441011 $292.52
656441012 $292.52
656441013 $292.52
656441014 $292.52
656450001 $292.52
656450002 $292.52
656450003 $292.52
656450004 $292.52
656450005 $292.52
656450006 $292.52
656450007 $292.52
656450008 $292.52
656450009 $292.52
656450010 $292.52
656450011 $292.52
656450012 $292.52
656450013 $292.52
656450014 $292.52
656450015 $292.52
656450016 $292.52
656450017 $292.52
656450018 $292.52
656450019 $292.52
656450020 $292.52
656450021 $292.52
656450022 $292.52
656450023 $292.52
656450024 $292.52
656450025 $292.52
656450026 $292.52
656450027 $292.52
656450028 $292.52
656450029 $292.52
656450030 $292.52
656450031 $292.52
656450032 $292.52
656450033 $292.52
656450034 $292.52
656450035 $292.52
656450036 $292.52
656450037 $292.52
656450038 $292.52
656450039 $292.52
656450040 $292.52
656450041 $292.52
656450042 $292.52
656450043 $292.52
656450044 $292.52
656450045 $292.52
656450046 $292.52
656450047 $292.52
656450048 $292.52
656450049 $292.52
656450050 $292.52
81 $23,694.12
City of Desert Hot Springs - Drainage Assessment District No. 1 Page 4 of 22 Item Number: 8.
PIN Levy Amount PIN Levy Amount
681503 - DAD1 Zone 03
CITY OF DESERT HOT SPRINGS DRAINAGE ASSESSMENT DISTRICT NO. 1 Fiscal Year 2023-24 Assessment Roll
638313006 $472.42
638313007 $472.42
638313008 $472.42
638313009 $472.42
638314013 $472.42
638314014 $472.42
638315007 $472.42
638315008 $472.42
638315009 $472.42
638315010 $472.42
638316001 $472.42
638316002 $472.42
638316003 $472.42
638316004 $472.42
638316005 $472.42
638316006 $472.42
638316007 $472.42
638316008 $472.42
638410017 $472.42
638410018 $472.42
638410019 $472.42
638410020 $472.42
638410021 $472.42
638410022 $472.42
638410023 $472.42
638410024 $472.42
638410025 $472.42
638410026 $472.42
638410027 $472.42
638410028 $472.42
638410029 $472.42
638410030 $472.42
638410031 $472.42
638411001 $472.42
638411002 $472.42
638412001 $472.42
638412002 $472.42
638412003 $472.42
638412004 $472.42
638412005 $472.42
638412006 $472.42
638412007 $472.42
638412008 $472.42
638412009 $472.42
638412010 $472.42
638412011 $472.42
638412012 $472.42
638412013 $472.42
638412014 $472.42
638412015 $472.42
638412016 $472.42
638412017 $472.42
638412018 $472.42
638412019 $472.42
638412020 $472.42
638412021 $472.42
638412022 $472.42
638412023 $472.42
638412024 $472.42
59 $27,872.78
City of Desert Hot Springs - Drainage Assessment District No. 1 Page 5 of 22 Item Number: 8.
PIN Levy Amount PIN Levy Amount
681504 - DAD1 Zone 04
CITY OF DESERT HOT SPRINGS DRAINAGE ASSESSMENT DISTRICT NO. 1 Fiscal Year 2023-24 Assessment Roll
644280001 $112.94
644280002 $112.94
644280003 $112.94
644280004 $112.94
644280005 $112.94
644280006 $112.94
644280007 $112.94
644280008 $112.94
644280009 $112.94
644280011 $112.94
644280012 $112.94
644280013 $112.94
644280014 $112.94
644280015 $112.94
644280016 $112.94
644280017 $112.94
644281001 $112.94
644281002 $112.94
644281003 $112.94
644281004 $112.94
644281005 $112.94
644282001 $112.94
644282002 $112.94
644282003 $112.94
644282004 $112.94
644282005 $112.94
644282006 $112.94
644282007 $112.94
644282008 $112.94
644282009 $112.94
644282010 $112.94
644282011 $112.94
644282012 $112.94
644282013 $112.94
644282014 $112.94
644282015 $112.94
644282016 $112.94
644282017 $112.94
644282018 $112.94
644282019 $112.94
644282020 $112.94
644282021 $112.94
644282022 $112.94
644282023 $112.94
644282024 $112.94
644282025 $112.94
644282026 $112.94
644282027 $112.94
644282028 $112.94
644282029 $112.94
644282030 $112.94
644282031 $112.94
644282032 $112.94
644282033 $112.94
644290001 $112.94
644290002 $112.94
644290003 $112.94
644290004 $112.94
644290005 $112.94
644290006 $112.94
644290007 $112.94
644290008 $112.94
644290009 $112.94
644291001 $112.94
644291002 $112.94
644291003 $112.94
644291004 $112.94
644291005 $112.94
644291006 $112.94
644291007 $112.94
644291008 $112.94
644291009 $112.94
644291010 $112.94
644291011 $112.94
644291012 $112.94
644291013 $112.94
644291014 $112.94
644291015 $112.94
644291016 $112.94
644291017 $112.94
644291018 $112.94
644292001 $112.94
644292002 $112.94
644292003 $112.94
644292004 $112.94
644293001 $112.94
644293002 $112.94
644293003 $112.94
644293004 $112.94
644293005 $112.94
644293006 $112.94
644293007 $112.94
644293008 $112.94
644294001 $112.94
644294002 $112.94
644294003 $112.94
City of Desert Hot Springs - Drainage Assessment District No. 1 Page 6 of 22 Item Number: 8.
PIN Levy Amount PIN Levy Amount
681504 - DAD1 Zone 04
CITY OF DESERT HOT SPRINGS DRAINAGE ASSESSMENT DISTRICT NO. 1 Fiscal Year 2023-24 Assessment Roll
644294004 $112.94
644294005 $112.94
644294006 $112.94
644294007 $112.94
644294008 $112.94
644294009 $112.94
644294010 $112.94
644294011 $112.94
644300001 $112.94
644300002 $112.94
644300003 $112.94
644300004 $112.94
644300005 $112.94
644301001 $112.94
644301002 $112.94
644301003 $112.94
644301004 $112.94
644301005 $112.94
644301006 $112.94
644301007 $112.94
644301008 $112.94
644301009 $112.94
644301010 $112.94
644301011 $112.94
644301012 $112.94
644301013 $112.94
644301014 $112.94
644301015 $112.94
644301016 $112.94
644301017 $112.94
644301018 $112.94
644301019 $112.94
644301020 $112.94
644301021 $112.94
644302001 $112.94
644302002 $112.94
644302003 $112.94
644302004 $112.94
644302005 $112.94
644302006 $112.94
644302007 $112.94
644302008 $112.94
644302009 $112.94
644302010 $112.94
644302011 $112.94
644302012 $112.94
644302013 $112.94
644302014 $112.94
644303001 $112.94
644303002 $112.94
644303003 $112.94
644303004 $112.94
644303005 $112.94
644303006 $112.94
644304001 $112.94
644304002 $112.94
644304003 $112.94
153 $17,279.82
City of Desert Hot Springs - Drainage Assessment District No. 1 Page 7 of 22 Item Number: 8.
PIN Levy Amount PIN Levy Amount
681505 - DAD1 Zone 05
CITY OF DESERT HOT SPRINGS DRAINAGE ASSESSMENT DISTRICT NO. 1 Fiscal Year 2023-24 Assessment Roll
664190042 $106.72
664280001 $106.72
664280002 $106.72
664280003 $106.72
664280004 $106.72
664280005 $106.72
664280006 $106.72
664280007 $106.72
664280008 $106.72
664280009 $106.72
664280010 $106.72
664280011 $106.72
664280012 $106.72
664280013 $106.72
664280014 $106.72
664280015 $106.72
664280016 $106.72
664280017 $106.72
664280018 $106.72
664280019 $106.72
664280020 $106.72
664280021 $106.72
664280022 $106.72
664280023 $106.72
664280024 $106.72
664280025 $106.72
664280026 $106.72
664280027 $106.72
664280028 $106.72
664280029 $106.72
664280030 $106.72
664280031 $106.72
664280032 $106.72
664280033 $106.72
664280034 $106.72
664280035 $106.72
664280036 $106.72
664280037 $106.72
664280038 $106.72
664280039 $106.72
664280040 $106.72
664280041 $106.72
664290001 $106.72
664290002 $106.72
664290003 $106.72
664290004 $106.72
664290005 $106.72
664290006 $106.72
664290007 $106.72
664290008 $106.72
664290009 $106.72
664290010 $106.72
664290011 $106.72
664290012 $106.72
664290013 $106.72
664290014 $106.72
664290015 $106.72
664290016 $106.72
664290017 $106.72
664290018 $106.72
664290019 $106.72
664290020 $106.72
664290021 $106.72
664290022 $106.72
664290023 $106.72
664290024 $106.72
664290025 $106.72
664290026 $106.72
664290027 $106.72
664290028 $106.72
664290029 $106.72
664290030 $106.72
664290031 $106.72
664290032 $106.72
664290033 $106.72
664290034 $106.72
664290035 $106.72
664290036 $106.72
664290037 $106.72
664290038 $106.72
664290039 $106.72
664290040 $106.72
664290041 $106.72
664290042 $106.72
664290043 $106.72
664290044 $106.72
664290045 $106.72
664290046 $106.72
664290047 $106.72
664290048 $106.72
664290049 $106.72
664290050 $106.72
92 $9,818.24
City of Desert Hot Springs - Drainage Assessment District No. 1 Page 8 of 22 Item Number: 8.
PIN Levy Amount PIN Levy Amount
681506 - DAD1 Zone 06
CITY OF DESERT HOT SPRINGS DRAINAGE ASSESSMENT DISTRICT NO. 1 Fiscal Year 2023-24 Assessment Roll
661490001 $363.34
661490002 $363.34
661490003 $363.34
661490004 $363.34
661490005 $363.34
661490006 $363.34
661490007 $363.34
661490008 $363.34
661490009 $363.34
661490010 $363.34
661490011 $363.34
661490012 $363.34
661490013 $363.34
661490014 $363.34
661490015 $363.34
661490016 $363.34
661490017 $363.34
661490018 $363.34
661490019 $363.34
661490020 $363.34
661490021 $363.34
661490022 $363.34
661490023 $363.34
661490024 $363.34
661490025 $363.34
661490026 $363.34
661490027 $363.34
661490028 $363.34
661490029 $363.34
661490030 $363.34
661490031 $363.34
661490032 $363.34
661490033 $363.34
661491001 $363.34
661491002 $363.34
661491003 $363.34
661491004 $363.34
661491005 $363.34
661491006 $363.34
661491007 $363.34
661491008 $363.34
661491009 $363.34
661491010 $363.34
661491011 $363.34
661491012 $363.34
661491013 $363.34
661491014 $363.34
661491015 $363.34
661491016 $363.34
661491017 $363.34
661491018 $363.34
661491019 $363.34
661491020 $363.34
661491021 $363.34
661491022 $363.34
661491023 $363.34
661491024 $363.34
661491025 $363.34
661491026 $363.34
661491027 $363.34
661491028 $363.34
661491029 $363.34
661491030 $363.34
63 $22,890.42
City of Desert Hot Springs - Drainage Assessment District No. 1 Page 9 of 22 Item Number: 8.
PIN Levy Amount PIN Levy Amount
681507 - DAD1 Zone 07
CITY OF DESERT HOT SPRINGS DRAINAGE ASSESSMENT DISTRICT NO. 1 Fiscal Year 2023-24 Assessment Roll
661173001 $252.82
661173002 $252.82
661173003 $252.82
661173004 $252.82
661173005 $252.82
661480001 $252.82
661480002 $252.82
661480003 $252.82
661480004 $252.82
661480005 $252.82
661480006 $252.82
661480007 $252.82
661480008 $252.82
661480009 $252.82
661480010 $252.82
661480011 $252.82
661480012 $252.82
661480013 $252.82
661480014 $252.82
661480015 $252.82
661480016 $252.82
661480017 $252.82
661480018 $252.82
661480019 $252.82
661480020 $252.82
661480021 $252.82
661480022 $252.82
661480023 $252.82
661480024 $252.82
661481001 $252.82
661481002 $252.82
661481003 $252.82
661481004 $252.82
661481005 $252.82
661481006 $252.82
661481007 $252.82
661481008 $252.82
661481009 $252.82
661481010 $252.82
661481011 $252.82
40 $10,112.80
City of Desert Hot Springs - Drainage Assessment District No. 1 Page 10 of 22 Item Number: 8.
PIN Levy Amount PIN Levy Amount
681508 - DAD1 Zone 08
CITY OF DESERT HOT SPRINGS DRAINAGE ASSESSMENT DISTRICT NO. 1 Fiscal Year 2023-24 Assessment Roll
663420001 $258.56
663420002 $258.56
663420003 $258.56
663420004 $258.56
663420005 $258.56
663420006 $258.56
663420007 $258.56
663420008 $258.56
663420009 $258.56
663420010 $258.56
663420011 $258.56
663420012 $258.56
663420013 $258.56
663420014 $258.56
663420015 $258.56
663420016 $258.56
663421001 $258.56
663421002 $258.56
663421003 $258.56
663421004 $258.56
663421005 $258.56
663421006 $258.56
663421007 $258.56
663421008 $258.56
663421009 $258.56
663421010 $258.56
663421011 $258.56
663421012 $258.56
663421013 $258.56
663421014 $258.56
663421015 $258.56
31 $8,015.36
City of Desert Hot Springs - Drainage Assessment District No. 1 Page 11 of 22 Item Number: 8.
PIN Levy Amount PIN Levy Amount
681509 - DAD1 Zone 09
CITY OF DESERT HOT SPRINGS DRAINAGE ASSESSMENT DISTRICT NO. 1 Fiscal Year 2023-24 Assessment Roll
664300001 $56.56
664300002 $56.56
664300003 $56.56
664300004 $56.56
664300005 $56.56
664300006 $56.56
664300007 $56.56
664300008 $56.56
664300010 $56.56
664300011 $56.56
664300012 $56.56
664300013 $56.56
664300014 $56.56
664300015 $56.56
664301001 $56.56
664301002 $56.56
664301003 $56.56
664301004 $56.56
664301005 $56.56
664301006 $56.56
664301007 $56.56
664301008 $56.56
664301009 $56.56
664301010 $56.56
664301011 $56.56
664301012 $56.56
664301013 $56.56
664301014 $56.56
664301015 $56.56
664301016 $56.56
664301017 $56.56
664301018 $56.56
664301019 $56.56
664301020 $56.56
664301021 $56.56
664301022 $56.56
664301023 $56.56
664302001 $56.56
664302002 $56.56
664302003 $56.56
664302004 $56.56
664302005 $56.56
664302006 $56.56
664302007 $56.56
664302009 $56.56
664302010 $56.56
664302011 $56.56
664302012 $56.56
664302013 $56.56
664302014 $56.56
664302015 $56.56
664302016 $56.56
664302017 $56.56
664302018 $56.56
664310001 $56.56
664310002 $56.56
664310003 $56.56
664310004 $56.56
664310005 $56.56
664310006 $56.56
664310007 $56.56
664310008 $56.56
664311001 $56.56
664311002 $56.56
664311003 $56.56
664311004 $56.56
664311005 $56.56
664311006 $56.56
664311007 $56.56
664311008 $56.56
664311009 $56.56
664312001 $56.56
664312002 $56.56
664312003 $56.56
664312004 $56.56
664312005 $56.56
664312006 $56.56
664312007 $56.56
664312008 $56.56
664313001 $56.56
664313002 $56.56
664313003 $56.56
664313004 $56.56
664313005 $56.56
664313006 $56.56
664313007 $56.56
664313008 $56.56
664313009 $56.56
664313011 $56.56
664313012 $56.56
664313013 $56.56
664313014 $56.56
664313015 $56.56
664313016 $56.56
664313017 $56.56
664313018 $56.56
City of Desert Hot Springs - Drainage Assessment District No. 1 Page 12 of 22 Item Number: 8.
PIN Levy Amount PIN Levy Amount
681509 - DAD1 Zone 09
CITY OF DESERT HOT SPRINGS DRAINAGE ASSESSMENT DISTRICT NO. 1 Fiscal Year 2023-24 Assessment Roll
96 $5,429.76
City of Desert Hot Springs - Drainage Assessment District No. 1 Page 13 of 22 Item Number: 8.
PIN Levy Amount PIN Levy Amount
681510 - DAD1 Zone 10
CITY OF DESERT HOT SPRINGS DRAINAGE ASSESSMENT DISTRICT NO. 1 Fiscal Year 2023-24 Assessment Roll
663430001 $271.48
663430002 $271.48
663430003 $271.48
663430004 $271.48
663430005 $271.48
663430006 $271.48
663430007 $271.48
663430008 $271.48
663430009 $271.48
663430010 $271.48
663430011 $271.48
663430012 $271.48
663430013 $271.48
663430014 $271.48
663430015 $271.48
663430016 $271.48
663431001 $271.48
663431002 $271.48
663431003 $271.48
663431004 $271.48
663431005 $271.48
663431006 $271.48
663431007 $271.48
663431008 $271.48
663431009 $271.48
663431010 $271.48
663431011 $271.48
663431012 $271.48
663431013 $271.48
663431014 $271.48
663431015 $271.48
663431016 $271.48
663431017 $271.48
33 $8,958.84
City of Desert Hot Springs - Drainage Assessment District No. 1 Page 14 of 22 Item Number: 8.
PIN Levy Amount PIN Levy Amount
681512 - DAD1 Zone 12
CITY OF DESERT HOT SPRINGS DRAINAGE ASSESSMENT DISTRICT NO. 1 Fiscal Year 2023-24 Assessment Roll
667240001 $93.98
667240002 $93.98
667240003 $93.98
667240004 $93.98
667240005 $93.98
667240006 $93.98
667240007 $93.98
667240008 $93.98
667240009 $93.98
667240010 $93.98
667240011 $93.98
667240012 $93.98
667240013 $93.98
667240014 $93.98
667240015 $93.98
667240016 $93.98
667240017 $93.98
667240018 $93.98
667240019 $93.98
667240020 $93.98
667240021 $93.98
667240022 $93.98
667240023 $93.98
667240024 $93.98
667240025 $93.98
667240026 $93.98
667240027 $93.98
667240028 $93.98
667240029 $93.98
667240030 $93.98
667240031 $93.98
667240032 $93.98
667240033 $93.98
667240034 $93.98
667240035 $93.98
667240036 $93.98
667240037 $93.98
667240038 $93.98
667250001 $93.98
667250002 $93.98
667250003 $93.98
667250004 $93.98
667250005 $93.98
667250006 $93.98
667250007 $93.98
667250008 $93.98
667250009 $93.98
667250010 $93.98
667250011 $93.98
667250012 $93.98
667250013 $93.98
667250014 $93.98
667250015 $93.98
667250016 $93.98
667250017 $93.98
667250018 $93.98
667250019 $93.98
667250020 $93.98
667250021 $93.98
667250022 $93.98
667250023 $93.98
667250024 $93.98
667250025 $93.98
667250026 $93.98
667250027 $93.98
667250028 $93.98
667250029 $93.98
667250030 $93.98
667250031 $93.98
667250032 $93.98
667250033 $93.98
667250034 $93.98
667250035 $93.98
667250036 $93.98
667250037 $93.98
667250038 $93.98
667260001 $93.98
667260002 $93.98
667260003 $93.98
667260004 $93.98
667260005 $93.98
667260006 $93.98
667260007 $93.98
667260008 $93.98
667260009 $93.98
667260010 $93.98
667260011 $93.98
667260012 $93.98
667260013 $93.98
667260014 $93.98
667260015 $93.98
667260016 $93.98
667260017 $93.98
667260018 $93.98
667260019 $93.98
667260020 $93.98
City of Desert Hot Springs - Drainage Assessment District No. 1 Page 15 of 22 Item Number: 8.
PIN Levy Amount PIN Levy Amount
681512 - DAD1 Zone 12
CITY OF DESERT HOT SPRINGS DRAINAGE ASSESSMENT DISTRICT NO. 1 Fiscal Year 2023-24 Assessment Roll
667260021 $93.98
667260022 $93.98
667260023 $93.98
667260024 $93.98
667260025 $93.98
667260026 $93.98
667260027 $93.98
667260028 $93.98
667260029 $93.98
667260030 $93.98
667260031 $93.98
667260032 $93.98
667260033 $93.98
667260034 $93.98
667260035 $93.98
667260036 $93.98
667260037 $93.98
667260038 $93.98
667260039 $93.98
667260040 $93.98
667260041 $93.98
667260042 $93.98
667260043 $93.98
667260044 $93.98
667260045 $93.98
667260046 $93.98
667260047 $93.98
667260048 $93.98
667260049 $93.98
667260050 $93.98
667260051 $93.98
667260052 $93.98
667260053 $93.98
667260054 $93.98
667260055 $93.98
667260056 $93.98
667260057 $93.98
667260058 $93.98
667260059 $93.98
667260060 $93.98
667260061 $93.98
667260062 $93.98
667260063 $93.98
667260064 $93.98
667260065 $93.98
667260066 $93.98
667260067 $93.98
667260068 $93.98
667260069 $93.98
667260070 $93.98
667260071 $93.98
667260072 $93.98
667260073 $93.98
667260074 $93.98
667260075 $93.98
667260076 $93.98
667260077 $93.98
667260078 $93.98
667270001 $93.98
667270002 $93.98
667270003 $93.98
667270004 $93.98
667270005 $93.98
667270006 $93.98
667270007 $93.98
667270008 $93.98
667270009 $93.98
667270010 $93.98
667270011 $93.98
667270012 $93.98
667270013 $93.98
667270014 $93.98
667270015 $93.98
667270016 $93.98
667270017 $93.98
667270018 $93.98
667270019 $93.98
667270020 $93.98
667270021 $93.98
667270022 $93.98
667270023 $93.98
667270024 $93.98
667270025 $93.98
667270026 $93.98
667270027 $93.98
667270028 $93.98
667270029 $93.98
667270030 $93.98
667270031 $93.98
667270032 $93.98
667270033 $93.98
667270034 $93.98
667270035 $93.98
667270036 $93.98
667270037 $93.98
667270038 $93.98
City of Desert Hot Springs - Drainage Assessment District No. 1 Page 16 of 22 Item Number: 8.
PIN Levy Amount PIN Levy Amount
681512 - DAD1 Zone 12
CITY OF DESERT HOT SPRINGS DRAINAGE ASSESSMENT DISTRICT NO. 1 Fiscal Year 2023-24 Assessment Roll
667270039 $93.98
667270040 $93.98
667270041 $93.98
667270042 $93.98
667270043 $93.98
667270044 $93.98
667270045 $93.98
667270046 $93.98
667270047 $93.98
667270048 $93.98
667270049 $93.98
667270050 $93.98
667270051 $93.98
667270052 $93.98
667270053 $93.98
667270054 $93.98
667270055 $93.98
667270056 $93.98
667270057 $93.98
667270058 $93.98
667270059 $93.98
667270060 $93.98
667270061 $93.98
667270062 $93.98
667270063 $93.98
667270064 $93.98
667270065 $93.98
667270066 $93.98
667270067 $93.98
667270068 $93.98
667270069 $93.98
667270070 $93.98
667270071 $93.98
667270072 $93.98
667270073 $93.98
667270074 $93.98
667270075 $93.98
667270076 $93.98
667270077 $93.98
667270078 $93.98
667270079 $93.98
667280001 $93.98
667280002 $93.98
667280003 $93.98
667280004 $93.98
667280005 $93.98
667280006 $93.98
667280007 $93.98
667280008 $93.98
667280009 $93.98
667280010 $93.98
667280011 $93.98
667280012 $93.98
667280013 $93.98
667280014 $93.98
667280015 $93.98
667280016 $93.98
667280017 $93.98
667280018 $93.98
667280019 $93.98
667280020 $93.98
667280021 $93.98
667280022 $93.98
667280023 $93.98
667280024 $93.98
667280025 $93.98
667280026 $93.98
667280027 $93.98
667280028 $93.98
667280029 $93.98
667280030 $93.98
667280031 $93.98
667280032 $93.98
667280033 $93.98
667280034 $93.98
667280035 $93.98
667280036 $93.98
667280037 $93.98
667280038 $93.98
667280039 $93.98
667280040 $93.98
667280041 $93.98
667280042 $93.98
667280043 $93.98
667280044 $93.98
667280045 $93.98
667280046 $93.98
667280047 $93.98
667280048 $93.98
667280049 $93.98
667280050 $93.98
667280051 $93.98
667280052 $93.98
667280053 $93.98
667280054 $93.98
667280055 $93.98
City of Desert Hot Springs - Drainage Assessment District No. 1 Page 17 of 22 Item Number: 8.
PIN Levy Amount PIN Levy Amount
681512 - DAD1 Zone 12
CITY OF DESERT HOT SPRINGS DRAINAGE ASSESSMENT DISTRICT NO. 1 Fiscal Year 2023-24 Assessment Roll
667280056 $93.98
667280057 $93.98
667280058 $93.98
667280059 $93.98
667280060 $93.98
667280061 $93.98
667280062 $93.98
667280063 $93.98
667280064 $93.98
667280065 $93.98
667280066 $93.98
667280067 $93.98
667280068 $93.98
667280069 $93.98
667280070 $93.98
667280071 $93.98
667280072 $93.98
667280073 $93.98
667280074 $93.98
667280075 $93.98
667280076 $93.98
667280077 $93.98
667280078 $93.98
667280079 $93.98
667280080 $93.98
667280081 $93.98
667280082 $93.98
667280083 $93.98
667280084 $93.98
667280085 $93.98
667290001 $93.98
667290002 $93.98
667290003 $93.98
667290004 $93.98
667290005 $93.98
667290006 $93.98
667290007 $93.98
667290008 $93.98
667290009 $93.98
667290010 $93.98
667290011 $93.98
667290012 $93.98
667290013 $93.98
667290014 $93.98
667290015 $93.98
667290016 $93.98
667290017 $93.98
667290018 $93.98
667290019 $93.98
667290020 $93.98
667290021 $93.98
667290022 $93.98
667290023 $93.98
667290024 $93.98
667290025 $93.98
667290026 $93.98
667290027 $93.98
667290028 $93.98
667290029 $93.98
667290030 $93.98
667290031 $93.98
667290032 $93.98
667290033 $93.98
667290034 $93.98
667290035 $93.98
667290036 $93.98
667290037 $93.98
667290038 $93.98
667290039 $93.98
667290040 $93.98
667290041 $93.98
667290042 $93.98
667290043 $93.98
667290044 $93.98
667290045 $93.98
667290046 $93.98
667290047 $93.98
667290048 $93.98
667290049 $93.98
667290050 $93.98
667290051 $93.98
667290052 $93.98
667290053 $93.98
667290054 $93.98
667290055 $93.98
667290056 $93.98
667290057 $93.98
667290058 $93.98
667290059 $93.98
667290060 $93.98
667290061 $93.98
667290062 $93.98
667290063 $93.98
667290064 $93.98
667290065 $93.98
667290066 $93.98
City of Desert Hot Springs - Drainage Assessment District No. 1 Page 18 of 22 Item Number: 8.
PIN Levy Amount PIN Levy Amount
681512 - DAD1 Zone 12
CITY OF DESERT HOT SPRINGS DRAINAGE ASSESSMENT DISTRICT NO. 1 Fiscal Year 2023-24 Assessment Roll
667290067 $93.98
667290068 $93.98
667290069 $93.98
667290070 $93.98
667290071 $93.98
667290072 $93.98
667290073 $93.98
667290074 $93.98
667290075 $93.98
667290076 $93.98
394 $37,028.12
City of Desert Hot Springs - Drainage Assessment District No. 1 Page 19 of 22 Item Number: 8.
PIN Levy Amount PIN Levy Amount
681513 - DAD1 Zone 13
CITY OF DESERT HOT SPRINGS DRAINAGE ASSESSMENT DISTRICT NO. 1 Fiscal Year 2023-24 Assessment Roll
661500001 $33.80
661500002 $33.80
661500003 $33.80
661500004 $33.80
661500005 $33.80
661500006 $33.80
661500007 $33.80
661500008 $33.80
661500009 $33.80
661500010 $33.80
661500011 $33.80
661500012 $33.80
661500013 $33.80
661500014 $33.80
661500015 $33.80
661500016 $33.80
661500017 $33.80
661500018 $33.80
661500019 $33.80
661500020 $33.80
661500021 $33.80
661500022 $33.80
661500023 $33.80
661500024 $33.80
661500025 $33.80
661500026 $33.80
661500027 $33.80
661500028 $33.80
661500029 $33.80
661500030 $33.80
661500031 $33.80
661500032 $33.80
32 $1,081.60
City of Desert Hot Springs - Drainage Assessment District No. 1 Page 20 of 22 Item Number: 8.
PIN Levy Amount PIN Levy Amount
681514 - DAD1 Zone 14
CITY OF DESERT HOT SPRINGS DRAINAGE ASSESSMENT DISTRICT NO. 1 Fiscal Year 2023-24 Assessment Roll
661550001 $388.00
661550002 $388.00
661550003 $388.00
661550004 $388.00
661550005 $388.00
661550006 $388.00
661550007 $388.00
661550008 $388.00
661550009 $388.00
661550010 $388.00
661550011 $388.00
661550012 $388.00
661550013 $388.00
661550014 $388.00
661550015 $388.00
661550016 $388.00
661550017 $388.00
661550018 $388.00
661550019 $388.00
661551001 $388.00
661551002 $388.00
661551003 $388.00
661551004 $388.00
661551005 $388.00
661551006 $388.00
661551007 $388.00
661551008 $388.00
661551009 $388.00
661551010 $388.00
661551011 $388.00
661551012 $388.00
661551013 $388.00
661551014 $388.00
661551015 $388.00
661551016 $388.00
661551017 $388.00
661560001 $388.00
661560002 $388.00
661560003 $388.00
661560004 $388.00
661560005 $388.00
41 $15,908.00
City of Desert Hot Springs - Drainage Assessment District No. 1 Page 21 of 22 Item Number: 8.
PIN Levy Amount PIN Levy Amount
681517 - DAD1 Zone 17
CITY OF DESERT HOT SPRINGS DRAINAGE ASSESSMENT DISTRICT NO. 1 Fiscal Year 2023-24 Assessment Roll
663422001 $296.78
663422002 $296.78
663422003 $296.78
663422004 $296.78
663422005 $296.78
663422006 $296.78
663422007 $296.78
663422008 $296.78
663422009 $296.78
663422010 $296.78
663422011 $296.78
663422012 $296.78
663422013 $296.78
663422014 $296.78
663422015 $296.78
663422016 $296.78
663422017 $296.78
663423001 $296.78
663423002 $296.78
663423003 $296.78
663423004 $296.78
663423005 $296.78
663423006 $296.78
663423007 $296.78
663423008 $296.78
663423009 $296.78
663423010 $296.78
663423011 $296.78
663423012 $296.78
663423013 $296.78
663423014 $296.78
663423015 $296.78
663423016 $296.78
33 $9,793.74
1,351 $220,749.52
Parcel Count Levy Amount
Drainage Assessment District No. 1
Grand Totals
City of Desert Hot Springs - Drainage Assessment District No. 1 Page 22 of 22 Item Number: 8.
APPENDIX B
Assessment Diagrams
Item Number: 8.
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Source: County of Riverside GIS, 2023
PALM DR
PIERSON BLVD
WEST DR
N INDIAN CANYON DR
HACIENDA DR
L TI TLE M
ORONGO RD
4TH ST
MISSION LAKES BLVD
5TH ST
1ST ST
12TH ST
MESQUITE AVE
VERBENA DR
7TH ST
DESERT VIEW AVE
CHOLLA DR
13TH AVE
15TH AVE
14TH AVE
MISSION CREEK RD
IRONWOOD DR
KAREN AVE
SCENIC DR
ATLANT CI AVE
WESTERN AVE
SANTA CRUZ RD
8TH AVE
MIRACLE HILL RD
YUCCA DR
CAMINO CAMPANERO
PROMENADE DR
VALENCIA DR
CALIENTE DR
SKYLINE
DR
CALLE CERRITO
VIEW RD
16TH AVE
PIERSON BLVD
ZONE 12
ZONE 1
ZONE 11
ZONE 4
ZONE 5
ZONE 2
ZONE 6
ZONE 13
ZONE 13
ZONE 9
ZONE 3
ZONE 16
ZONE 14
ZONE 8
ZONE 13
ZONE 17
ZONE 10
ZONE 15
ZONE 7
GG
RB
RB
RB
RB
RB
SM
SM
JP
RN
M:\GIS-Assessment\DHS\D
A
D
_
CouncilProperties.mxd; Map revised May 23, 2023. 0 2,000 4,000 6,000 Feet
LEGEND
City Boundary
ZONE 1
ZONE 2
ZONE 3
ZONE 4
ZONE 5
ZONE 6
ZONE 7
ZONE 8
ZONE 9
ZONE 10
ZONE 11
ZONE 12
ZONE 13
ZONE 14
ZONE 15
ZONE 16
ZONE 17
500 Foot Buffer of
Council Member's Property
RB - Russell Betts
GG - Gary Gardner
SM - Scott Matas
JP - Jan Pye
RN - Robert Nunez
City of Desert Hot Springs
DAD No. 1 with Council Member Properties
Item Number: 8.
SR-23-145
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: June 20, 2023
Department: Community Development
Prepared by: Travis Clark, Community Development Director Subject: An Ordinance Amending Various Chapters of Title 17, Zoning Ordinance Including: Chapter 17.74 (Administrative Conditional Use Permits); Chapter
17.76 (Conditional Use Permits); Chapter 17.80 (Design Review), Chapter
17.92 (Development Permits), Chapter 17.104 (Hearings and Appeals), Chapter 17.124 (Nonconforming Structures and Uses), and Chapter 17.136 (Temporary Use Permits)
RECOMMENDATION:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take public testimony for those in favor;
5) Take public testimony for those opposed;
6) Take public testimony for those in a neutral position; 7) Close the Public Hearing;
8) City Council discussion and questions to Staff; and
9) Introduce for First Reading and read by title only: "An Ordinance of the City Council of Desert Hot Springs amending various chapters of Title 17, Zoning Ordinance Including Chapter 17.74 (Administrative Conditional Use Permits); Chapter 17.76 (Conditional Use Permits); Chapter 17.80 (Design Review), Chapter 17.92 (Development Permits), Chapter 17.104 (Hearings and Appeals), Chapter 17.124 (Nonconforming Structures and Uses), and Chapter 17.136 (Temporary Use Permits).” BACKGROUND:
The City received funding from the State to assist with modifications to Title 17, Zoning Ordinance concerning housing projects. Specifically, the State is requiring the City to remove barriers to create additional housing, including affordable housing. Housing projects are now uses allowed by right versus discretionary. These projects need to be reviewed in conformance with objective standards and requirements only. The City is required to streamline the approval of new housing projects. Any updates to the code required by the Housing Element update need to be made. For these reasons, the City is undertaking an effort to update and amend Title 17, Zoning Ordinance of the Desert Hot Springs Municipal Code.
In doing so, an effort is also being made to clean up other parts of the code including:
• Clarifying language in the chapters that is ambiguous or contradictory Item Number: 9.
SR-23-145
• Simplifying language throughout the Zoning Ordinance
• Performing an internal consistency check across all chapters of the Zoning Ordinance • Performing a consistency check with the General Plan
DISCUSSION:
A summary of the changes by chapter are listed below:
Chapter 17.74, ADMINISTRATIVE USE PERMITS
• Changed the name of Administrative Conditional Use Permits to Administrative Use Permits to be consistent with the Permitted Use Tables throughout the code • Better defined the time frame for an AUP approval to a maximum of 5 years - an initial approval for two years and 3 years additional approvals in one year increments as requested by the applicant
• Added the requirement that an AUP shall not be granted if the underlying property(ies) has been issued a code violation or notice to abate unless the AUP is remedying the code violation(s)
• Added the requirement that the AUP becomes null and void if not operational in five years • Simplified the repetitive language in the Findings
Chapter 17.76, CONDITIONAL USE PERMITS
• Better defined the time frame for a CUP approval to a maximum of 5 years - an initial approval for two years and 3 years additional approvals in one year increments as requested by the applicant
• Added the requirement that an CUP shall not be granted if the underlying property(ies) has been issued a code violation or notice to abate unless the AUP is remedying the code violation(s)
• Added the requirement that the CUP becomes null and void if not operational in five years • Simplified the repetitive language in the Findings
Chapter 17.80, DESIGN REVIEW
• Minor wording changes
Chapter 17.92, DEVELOPMENT PERMITS
• Better defined the time frame for an DP approval to a maximum of 5 years - an initial approval for two years and 3 years additional approvals in one year increments as requested by the applicant
Item Number: 9.
SR-23-145
• Added the requirement that an DP shall not be granted if the underlying property(ies) has been issued a code violation or notice to abate unless the AUP is remedying the code violation(s) • Added the requirement that the DP becomes null and void if not operational in five years • Defined what is considered a minor addition to Commercial, Industrial, or Mixed-Use to be 20% of the square footage of the existing structure(s) or less • Defined the threshold for Planning Commission Review of Multi Family Housing Developments at 21 units or more
• Simplified the repetitive language in the Findings
Chapter 17.104, HEARINGS AND APPEALS
• Minor wording changes
Chapter 17.124, NONCONFORMING STRUCTURES AND USES
• Removed restrictions on expansion of non-conforming residential structures • Added a nonconforming lots section
• Added the ability for a nonconforming use or structure to extend beyond the abatement period upon application per Planning Commission recommendation Chapter 17.136, TEMPORARY USE PERMITS
• Added the ability for the Director to impose requirements for ADA access for TUPs • Specified the use of containers and pods for temporary storage • Removed the requirement for outdoor display of merchandise to obtain a TUP per Planning Commission recommendation
FISCAL IMPACT:
None.
ENVIRONMENTAL ANALYSIS:
In accordance with the provisions of the California Environmental Quality Act (“CEQA”), this project is Categorically Exempt from environmental review pursuant to Section No. 15061(b)(3) of the California Environmental Quality Act 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:
1) Ordinance re Various Chapters of Title 17
Item Number: 9.
SR-23-145
2) Chapter 17.74 Administrative Conditional Use Permits - Red Line 3) Chapter 17.76 Conditional Use Permits - Redline
4) Chapter 17.80 Design Review - Redline
5) Chapter 17.92 Development Permits - Redline
6) Chapter 17.104 Hearings and Appeals - Redline
7) Chapter 17.124 Nonconforming Structures and Uses- Redline - with PC Change 8) Chapter 17.136 Temporary Use Permits - Redline - with PC Changes Item Number: 9.
1 ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS AMENDING THE FOLLOWING CHAPTERS OF TITLE 17, ZONING ORDINANCE: 1)
17.74 ADMINISTRATIVE CONDITIONAL USE PERMITS, 2) 17.76 CONDITIONAL USE PERMITS, 3) 17.80 DESIGN REVIEW, 4) 17.92 DEVELOPMENT PERMITS, 5)
17.104 HEARING AND APPEALS, 6) 17.136 TEMPORARY USE PERMITS, AND 7)
17.124 NONCONFORMING STRUCTURES AND USES
WHEREAS, pursuant to the authority granted the City of Desert Hot Springs (“City”) by Article XI, Section 7 of the California Constitution, the City has the police power to regulate the use of land and property within the City in a manner designed to promote public convenience and general prosperity, as well as public health, welfare and safety; and
WHEREAS, adoption and enforcement of comprehensive zoning regulations and other land use regulations lies within the City’s police power; and WHEREAS, the City is in the process drafting a comprehensive overhaul to Title 17, making substantive changes, as well as amending chapters for internal consistency; and
WHEREAS, this Ordinance is for the benefit of the public health, safety and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS DOES ORDAIN AS FOLLOWS:
Section 1. RECITALS
That the above recitals are true and correct and are incorporated as though fully set forth herein.
Section 2. CHAPTERS TO BE AMENDED
That the City Council hereby amends the following Chapters of the Desert Hot Springs Municipal Code as follows:
1) Chapter 17.74 “Administrative Conditional Use Permits, shall be amended as per Exhibit A, which is incorporated herein
Item Number: 9.
2 2) Chapter 17.76 Conditional Use Permits, shall be amended as per Exhibit B, which is incorporated herein
3) Chapter 17.80 Design Review, shall be amended as per Exhibit C, which is incorporated herein
4) Chapter 17.92 Development Permits, shall be amended as per Exhibit D, which is incorporated herein
5) Chapter 17.104 Hearing and Appeals, shall be amended as per Exhibit E, which is incorporated herein
6) Chapter 17.136 Temporary Use Permits, shall be amended as per Exhibit F, which is incorporated herein
7) Chapter 17.124 Nonconforming Structures and Uses, shall be amended as per Exhibit G, which is incorporated herein
Section 3. ENVIRONMENTAL FINDINGS
The City Council finds that adoption of this ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14 California Code of Regulations section 15061, subsection (b)(3), in that the proposed ordinance involves a proactive measure to prohibit certain uses within the Downtown Area and does not have the potential to significantly impact the environment.
Section 4. 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 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 become effective 30 days after its second reading.
Item Number: 9.
3 [THIS PORTION OF THIS PAGE LEFT INTENTIONALLY BLANK]
The Ordinance was approved by the City Council and adopted at a meeting of the City Council held on June 20, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
_______________________________
Scott Matas, Mayor
ATTEST:
____________________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
___________________________________
Jennifer A. Mizrahi, City Attorney
Item Number: 9.
4 Exhibit A
Chapter 17.74
ADMINISTRATIVE USE PERMITS
Sections:
17.74.010 Purpose.
17.74.020 Application.
17.74.030 Project review and action.
17.74.040 Conditions.
17.74.050 Findings.
17.74.060 Use of property before final decision.
17.74.070 Administrative Use Permit approval and expiration.
17.74.080 Modification of Administrative Use Permit.
17.74.090 Revocation.
17.74.100 Administrative Use Permit to run with the land.
17.74.010 Purpose.
The purpose of this chapter is to provide a Director-level process for reviewing land uses that may be appropriate in the applicable zone but whose effects on a site and surrounding uses cannot be determined absent a discretionary review process. Certain types of land uses may require special conditions in a particular zone or physical location within the City because they possess unique characteristics or present special problems that make automatic inclusion as permitted uses either impractical or undesirable due to potential and unforeseeable impacts to the surrounding area.
Administrative Use Permit procedures are intended to provide sufficient flexibility in the use regulations to further the objectives of this title and to provide the City with the opportunity to impose special conditions to mitigate potential impacts that could result from allowing the use(s) at the requested location. (Ord. 712 6-2-20)
17.74.020 Application.
An application for an Administrative Use Permit (AUP) shall be filed in a manner consistent with the requirements contained in Chapter 17.68 (Applications and Fees). (Ord. 712 6-2-20)
17.74.030 Project review and action.
A. Administrative Use Permit applications shall be analyzed and reviewed by the Director or his/her designee for consistency with the intent and the purpose of this chapter, the provisions of this title, and the general plan. The Director or designee shall have the authority to approve, approve with conditions, or deny the application.
Item Number: 9.
5 B. No public notice and no public hearing shall be required for an Administrative Use Permit. Within 20 working days from the date an application is deemed complete, the Director shall issue a written determination as to the approval, conditional approval, or denial of the application. The written determination shall state the findings for the decision. (Ord. 712 6-2-20) C. An Administrative Use Permit shall not be granted if the underlying property or properties in question have been issued a Code Compliance Notice of Violation/ Notice to Abate or are otherwise in violation of the Desert Hot Springs Municipal Code. Notwithstanding, an Administrative Use Permit may be granted if the application for same includes remedying any and all municipal code violations.
17.74.040 Conditions.
In approving an Administrative Use Permit, the Director or designee may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with this chapter, State law, and with the findings required by Section 17.74.050 (Findings). (Ord. 712 6-2-20)
17.74.050 Findings.
The Director or designee may approve and/or modify an Administrative Use Permit application in whole or in part, with or without conditions, only if all of the following findings are made:
A. The proposed use is consistent with applicable goals and policies of the City’s General Plan. (Ord. 712 6-2-20)
B. The proposed use is conditionally permitted within the subject zone and complies with all of the applicable provisions of this Title;
C. The proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the surrounding area;
D. The subject site is physically suitable for the type and intensity of land use being proposed; E. The proposed use would be compatible with existing and future land uses within the surrounding area in which the proposed use is to be located;
F. The proposed use is compatible in scale, mass, coverage, density, and intensity with all adjacent land uses;
Item Number: 9.
6 G. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety; and H. There will be adequate provisions for public access to serve the subject use;
17.74.060 Use of property before final decision.
In no instance shall a permit be issued for any use involved in an application for approval of an Administrative Use Permit until, and unless, the same shall have become final. (Ord. 712 6-2-20)
17.74.070 Administrative Use Permit approval and expiration.
A. Unless otherwise permitted by law, an Administrative Use Permit shall have a maximum term of five (5) years from the date of approval.
B. The initial term of the Administrative Use Permit shall be two (2) years.
C. An extension may be granted prior to the expiration of the permit by submitting an application and paying fees. The Applicant may request one (1) extension at a time for up to one (1) year to the Planning Director requesting the extension and reasons for the extension, not to exceed a total extension time of three (3) years. Upon receipt of the application, the Planning Director or designee shall have the authority to approve, approve with modifications to the approved conditions, add additional conditions, or deny the request.
D. Administrative Use Permits which are not exercised by the commencement of construction within two (2) years from the date of approval shall become null and void, unless extended. In addition, if after issuance of a building permit, work is discontinued for a period of one (1) year, the Administrative Use Permit shall become null and void, unless extended.
E. If after issuance of a grading permit, work is discontinued for a period of six (6) months, then the Administrative Use Permit shall become null and void, unless extended. Projects may be built in phases if pre-approved by the review authority. If a project is built in preapproved phases, each subsequent phase shall have two (2) years from the previous phase’s date of construction commencement to the next phase’s date of construction commencement to have occurred, or the Administrative Use Permit shall become null and void.
F. The Administrative Use Permit shall become null and void if the project is not operational by the end of the fifth (5th) year from the date of approval of the Administrative Use Permit. In instances where the applicant has made substantial progress in meeting the requirements of the AUP defined Item Number: 9.
7 as 90% of the project cost, the Director may grant an additional extension to complete the project.
Such extension shall not be more than one (1) year.
17.74.080 Modification of Administrative Use Permit.
An approved Administrative Use Permit may be modified pursuant to Chapter 17.68 (Applications and Fees). Minor modifications to an approved Administrative Use Permit may be approved by the Director pursuant to Chapter 17.120 (Minor Modifications). (Ord. 712 6-2-20)
17.74.090 Revocation.
A. The City may initiate proceedings to revoke or modify an Administrative Use Permit granted pursuant to the provisions of this chapter by using the procedures set forth in the applicable sections of Chapter 4.36 of the Desert Hot Springs Municipal Code, or successor chapter.
B. An Administrative Use Permit may be revoked or modified if one or more of the following findings can be made:
1. That circumstances have changed so that one or more of the findings contained in Section
17.74.050 can no longer be made;
2. The Administrative Use Permit was obtained by misrepresentation or fraud;
3. The use for which the Administrative Use Permit was granted had ceased or was suspended for six or more consecutive calendar months;
4. One or more of the conditions of the Administrative Use Permit have not been met;
5. The use or permit holder is in violation of any statute, ordinance, law, or regulation; and/or
6. The use permitted by the Administrative Use Permit has subsequently been determined to be detrimental to the public health, safety, or welfare or constitutes a nuisance. (Ord. 712 6-2-20)
17.74.100 Administrative Use Permit to run with the land.
Administrative Use Permits are granted pursuant to the provisions of this chapter and shall continue to be valid upon a change of ownership of the site, business, service, use or structure which was the subject of the permit application. (Ord. 712 6-2-20)
Item Number: 9.
8 Exhibit B
Chapter 17.76
CONDITIONAL USE PERMITS
Sections:
17.76.010 Purpose.
17.76.020 Application.
17.76.030 Project review.
17.76.040 Hearings and notice.
17.76.050 Findings.
17.76.060 Use of property before final decision.
17.76.070 Conditional Use Permit expiration.
17.76.080 Modification of Conditional Use Permit.
17.76.090 Time extension.
17.76.100 Revocation.
17.76.110 Conditional Use Permit to run with the land.
17.76.120 Performance guarantee.
17.76.010 Purpose.
Many land uses are or can be made conditionally appropriate, depending on the circumstances at the site and surrounding area; these discretionary determinations are termed “conditional uses.” Conditional uses are unique and their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. At the time of application, a review of the location, design, configuration, and potential impact of the proposed use shall be conducted by comparing the use to established development standards and design guidelines. This review shall determine whether the proposed use should be permitted by weighing the public need for the benefit to be derived from the use against the impact which it may cause. (Prior code § 159.36.010)
17.76.020 Application.
An application for a Conditional Use Permit (CUP) shall be filed in a manner consistent with the requirements contained in Chapter 17.68 (Applications and Fees). (Prior code § 159.36.020)
17.76.030 Project review.
A. Conditional Use Permit applications shall be analyzed to assure that the applications are complete and consistent with the intent and the purpose of this chapter. To ensure effective implementation of General Plan policies relating to design guidelines, each application for a Conditional Use Permit shall be reviewed by the Planning Director for completeness prior to Planning Commission review and possible action. (Prior code § 159.36.030)
Item Number: 9.
9 B. A Conditional Use Permit shall not be granted if the underlying property or properties in question have been issued a Code Compliance Notice of Violation/ Notice to Abate or are otherwise in violation of the Desert Hot Springs Municipal Code. Notwithstanding, a Conditional Use Permit may be granted if the application for same includes remedying any and all municipal code violations.
17.76.040 Hearings and notice.
Upon receipt in proper form of a Conditional Use Permit application, staff shall conduct necessary project and environmental reviews and determine the adequacy of the application. Once it is determined that no additional information is required, a hearing shall be set and notice of the Planning Commission hearing given in a manner consistent with Chapter 17.104 (Hearings and Appeals). (Prior code § 159.36.040)
17.76.050 Findings.
At the completion of the public hearing, the Planning Commission shall record the decision in writing and shall recite therein the findings upon which such decision is based. The Planning Commission may approve and/or modify a Conditional Use Permit application in whole or in part, with or without conditions, only if all of the following findings are made:
A. The proposed use is consistent with applicable goals and policies of the General Plan; B. The proposed use is conditionally permitted within the subject land use district and complies with all of the applicable provisions of this Zoning Ordinance;
C. The subject site is physically suitable for the type and intensity of land use being proposed; D. The proposed use would be compatible with existing and future land uses within the general area in which the proposed use is to be located;
E. The proposed use is compatible in scale, mass, coverage, design, density, and intensity with all adjacent land uses;
F. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety; G. There will be adequate provisions for public access to serve the subject proposal; Item Number: 9.
10 H. The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the surrounding area;
I. The proposed use is needed or appropriate at the prescribed location, as demonstrated in the market/feasibility study, if required;
J. There will not be significant harmful effects upon environmental quality and natural resources; and K. If there are any negative impacts from the proposed use, they are mitigated to less than a significant impact;
17.76.060 Use of property before final decision.
In no instance shall a permit be issued for any use involved in an application for approval of a Conditional Use Permit until, and unless, the same shall have become final. (Prior code § 159.36.060)
17.76.070 Conditional Use Permit expiration/Time extension.
A. Unless otherwise permitted by law, a Conditional Use Permit shall have a maximum term of five (5) years from the date of approval.
B. The initial term of the Conditional Use Permit shall be two (2) years.
C. An extension may be granted prior to the expiration of the permit by submitting an application and paying fees. The Applicant may request one (1) extension at a time for up to one (1) year to the Planning Director requesting the extension and reasons for the extension, not to exceed a total extension time of three (3) years. Upon receipt of the application, the Planning Director or designee shall have the authority to approve, approve with modifications to the approved conditions, add additional conditions, or deny the request.
D. Conditional Use Permits which are not exercised by the commencement of construction within two (2) years from the date of approval shall become null and void, unless extended. In addition, if after issuance of a building permit, work is discontinued for a period of one (1) year, the Conditional Use Permit shall become null and void, unless extended.
E. If after issuance of a grading permit, work is discontinued for a period of six (6) months, then the Conditional Use Permit shall become null and void, unless extended. Projects may be built in phases if pre-approved by the review authority. If a project is built in preapproved phases, each subsequent phase shall have two (2) years from the previous phase’s date of construction Item Number: 9.
11 commencement to the next phase’s date of construction commencement to have occurred, or the Conditional Use Permit shall become null and void.
F. The Conditional Use Permit shall become null and void if the project is not operational by the end of the fifth (5th) year from the date of approval of the Conditional Use Permit. In instances where the applicant has made substantial progress in meeting the requirements of the CUP defined as 90% of the project cost, the Director may grant an additional extension to complete the project. Such extension shall not be more than one (1) year.
17.76.080 Modification of Conditional Use Permit.
An approved Conditional Use Permit may be modified, in a manner pursuant to Chapter 17.68 (Applications and Fees). Minor modifications to an approved Conditional Use Permit may be approved by the Director, pursuant to Chapter 17.120 (Minor Modifications). (Prior code § 159.36.080)
17.76.100 Revocation.
A. The City may initiate proceedings to revoke, suspend, or modify a Conditional Use Permit granted pursuant to the provisions of this chapter by using the procedures set forth in the applicable sections of Chapter 4.36 of the Desert Hot Springs Municipal Code, or successor chapter.
B. A Conditional Use Permit may be revoked or modified if one or more of the following findings are made:
1. That circumstances have changed so that one or more of the findings contained in Section
17.96.050 can no longer be made;
2. The Conditional Use Permit was obtained by misrepresentation or fraud;
3. The use for which the Conditional Use Permit was granted had ceased or was suspended for 6 or more consecutive calendar months;
4. One or more of the conditions of the Conditional Use Permit have not been met;
5. The use or permit holder is in violation of any statute, ordinance, law, or regulation; and
6. The use permitted by the Conditional Use Permit has subsequently been determined to be detrimental to the public health, safety or welfare or constitutes a nuisance. (Ord. 695 10-15- 19; prior code § 159.36.100)
17.76.110 Conditional Use Permit to run with the land.
Conditional Use Permits are granted pursuant to the provisions of this chapter and shall continue to be valid upon a change of ownership of the site, business, service, use or structure which was the subject of the permit application. (Prior code § 159.36.110)
Item Number: 9.
12 17.76.120 Performance guarantee.
At the discretion of the Planning Commission, the developer may be conditioned to provide performance security in a manner similar to Section 16.08.030 for the faithful performance of any or all conditions of approval. (Prior code § 159.36.120)
Item Number: 9.
13 Exhibit C
Chapter 17.80
DESIGN REVIEW
Sections:
17.80.010 Purpose.
17.80.020 Application.
17.80.030 Applicability.
17.80.040 Director findings.
17.80.010 Purpose.
The purpose of design review is to ensure that the City’s General Plan design policies are achieved. These provisions shall ensure the following:
A. The establishment of design review procedures for all applicable projects in the City, including residential, commercial, industrial, and mixed-use developments; B. That proposed development projects comply with all applicable City development standards and design guidelines;
C. A focus on community design principles which result in creative, imaginative solutions and establish quality design for the City;
D. The orderly and harmonious appearance of structures along with associated facilities, such as signs, landscaping, parking areas, etc;
E. Maintenance of the public health, safety and general welfare and property throughout the City; and F. Effective implementation of the General Plan policies which encourage the preservation and enhancement of the particular character and unique assets of the City, and its harmonious development. (Prior code § 159.38.010)
17.80.020 Application.
The following list of structures shall be subject to design review by the Planning Commission:
Item Number: 9.
14 A. New structure(s)/development and related site plans subject to a review authority other than the Director, pursuant to Table 17.64.01;
B. Remodeled structure(s)/development and related site plans, which require a Development Permit; C. A project involving an intensification of land use (e.g., conversion of a shoe store to a restaurant, or a residential structure to an office use, etc.); and
D. New or modified signs with review authority other than the Director. (Prior code § 159.38.020)
17.80.030 Applicability.
The Director, acting in the capacity for design review, shall receive and evaluate all projects subject to design review prior to final action by any subsequent review authority (Planning Commission, etc.), if any. The Planning Department shall forward the appropriate materials to the Planning Commission and submit a report to the review authority, if required. (Prior code § 159.38.030)
17.80.040 Findings.
The Director or Planning Commission shall determine whether the project adequately meets adopted City development standards and design guidelines, based upon the following findings:
A. The design of the proposed project would provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, textures, and colors that will remain appealing and will retain a reasonably adequate level of maintenance.
B. The design and layout of the proposed project will not unreasonably interfere with the use and enjoyment of neighboring existing or future development, and will not result in vehicular and/or pedestrian hazards; and
C. The architectural design of the proposed project is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by this Zoning Ordinance and the General Plan. (Prior code § 159.38.040) Item Number: 9.
15 Exhibit D
Chapter 17.92
DEVELOPMENT PERMITS
Sections:
17.92.010 Purpose.
17.92.020 Application.
17.92.030 Applicability.
17.92.040 Project review.
17.92.050 Hearings and notice.
17.92.060 Findings.
17.92.070 Development Permit expiration.
17.92.080 Use of property before final decision.
17.92.090 Modification of Development Permit.
17.92.100 Time extension.
17.92.110 Revocation.
17.92.120 Performance guarantee.
17.92.010 Purpose.
Procedures for the processing of Development Permits are intended to protect the integrity and character of the residential, commercial and industrial areas of the City, through the application of the provisions of the chapter consistent with the General Plan. At the time of application submittal a review of the location, design, configuration and impact of the proposed use shall be conducted by comparing such use to established standards and design guidelines. This review shall determine whether the permit should be approved by weighing the public need for the benefits to be derived from the use against the impacts it may cause. (Prior code § 159.44.010)
17.92.020 Application.
Application for a Development Permit shall be filed in a manner consistent with the requirements contained in Chapter 17.68 (Applications and Fees). (Prior code § 159.44.020)
17.92.030 Applicability.
Development Permits shall be required for all applicable uses and structures permitted by this Zoning Ordinance pursuant to Table 17.64.01. Specifically, a permit shall be required under the following circumstances:
A. Development Permits – Administrative (Review by the Director or his/her designee) a. Single Family Residential Housing- 1 Structure
Item Number: 9.
16 b. Antennae
c. Fences and Walls
d. Large Family Day Care
e. Residential Care Facility
B. Development Permits - Minor (Review by the Director or his/her designee) a. Minor Additions to existing Commercial, Industrial, or Mixed-Use Buildings, but no more than 20% of the square footage of the existing structure, and not subject to CEQA b. Multi-Family Housing Developments consisting of 20 units or less, and not subject to CEQA
C. Development Permits – Major (Review by the Planning Commission) a. New Construction on Vacant Lot
b. Single Family Housing Subdivisions
c. Major Additions to existing Commercial, Industrial, or Mixed-Use Buildings more than 20% of the square footage of the existing structure, or subject to CEQA d. Multi-Family Housing Developments consisting of 21 units or more e. All other improvements, other than those listed above/ subject to Zoning Compliance/Approval
17.92.040 Project review.
A. Development Permit applications shall be analyzed to assure that the applications are complete and consistent with the intent and the purpose of this chapter. To ensure effective implementation of General Plan policies relating to design guidelines, each application for a Development Permit shall be reviewed by the Planning Director for completeness prior to Planning Commission review and possible action. (Prior code § 159.36.030)
B. A Development Permit shall not be granted if the underlying property or properties in question have been issued a Code Compliance Notice of Violation/ Notice to Abate or are otherwise in violation of the Desert Hot Springs Municipal Code. Notwithstanding, a Development Permit may be granted if the application for same includes remedying any and all municipal code violations.
17.92.050 Hearings and notice.
Upon receipt in proper form of a Development Permit application, a hearing shall be set and notice of the hearing given in a manner consistent with Chapter 17.104 (Hearings and Appeals) for an application in which the Planning Commission is the final review authority, or where the proposed commercial or industrial development is adjacent to a residential land use district. (Prior code § 159.44.050) Item Number: 9.
17 17.92.060 Findings.
Following a hearing, the appropriate review authority, as outlined in Table 17.64.01, shall record the decision in writing and shall recite therein the findings upon which any such decision is based. The review authority may approve and/or modify a Development Permit in whole or in part, and shall impose specific development conditions. These conditions shall relate to both on- and off-site improvements that are necessary to mitigate project-related adverse impacts, and to carry out the purpose and requirements of the respective land use district. The review authority may approve a Development Permit, only if all of the following findings are made:
A. The proposed use is consistent with the General Plan; B. The proposed use is permitted within the subject land use district and complies with all of the applicable provisions of this Zoning Ordinance, including prescribed development standards and design guidelines;
C. The subject site is physically suitable for the type and intensity of the land use being proposed; D. The proposed development would be compatible with existing and future developments within the land use district and general area;
E. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use is not detrimental to public health and safety; F. There is adequate public access and roadway capacity to serve the subject proposal; G. There are no significant harmful effects upon environmental quality and natural resources; H. Any negative impacts of the proposed use can and shall be mitigated; and I. The proposed location, size, design, and operational characteristics of the planned use are not detrimental to the public interest, health, safety, convenience, or welfare of the City. (Prior code § 159.44.060)
17.92.070 Development Permit expiration/Time extension.
A. Unless otherwise permitted by law, a Development Permit shall have a maximum term of five (5) years from the date of approval.
Item Number: 9.
18 B. The initial term of the Development Permit shall be two (2) years.
C. An extension may be granted prior to the expiration of the permit by submitting an application and paying fees. The Applicant may request one (1) extension at a time for up to one (1) year to the Planning Director requesting the extension and reasons for the extension, not to exceed a total extension time of three (3) years. Upon receipt of the application, the Planning Director or designee shall have the authority to approve, approve with modifications to the approved conditions, add additional conditions, or deny the request.
D. Development Permits which are not exercised by the commencement of construction within two (2) years from the date of approval shall become null and void, unless extended. In addition, if after issuance of a building permit, work is discontinued for a period of one (1) year, the Development Permit shall become null and void, unless extended.
E. If after issuance of a grading permit, work is discontinued for a period of six (6) months, then the Development Permit shall become null and void, unless extended. Projects may be built in phases if pre-approved by the review authority. If a project is built in pre-approved phases, each subsequent phase shall have two (2) years from the previous phase’s date of construction commencement to the next phase’s date of construction commencement to have occurred, or the Development Permit shall become null and void.
F. The Development Permit shall become null and void if the project is not operational by the end of the fifth (5th) year from the date of approval of the Development Permit. In instances where the applicant has made substantial progress in meeting the requirements of the DP defined as 90% of the project cost, the Director may grant an additional extension to complete the project. Such extension shall not be more than one (1) year.
17.92.080 Use of property before final decision.
No permit shall be issued for any use involved in an application for approval of a Development Permit until, and unless, the same shall have become final, pursuant to Section 17.104.080 (Effective date). (Prior code § 159.44.080)
17.92.090 Modification of development permit.
An approved development may be modified in a manner pursuant to Chapter 17.68 (Applications and Fees). Minor modifications to an approved development may be approved by the Director, pursuant to Chapter 17.120 (Minor Modifications). (Prior code § 159.44.090) Item Number: 9.
19 17.92.110 Revocation.
A. The City may initiate proceedings to revoke or modify a Development Permit granted pursuant to the provisions of this chapter. The hearing shall be conducted pursuant to applicable sections of Chapter 4.36 of the Desert Hot Springs Municipal Code, as may be amended from time to time. The decision of the Hearing Officer shall be final.
B. A Development Permit may be revoked or modified if any of the following findings can be made:
1. That circumstances have changed so that one or more of the findings contained in Section
17.92.060 can no longer be made;
2. That the Development Permit was obtained by misrepresentation or fraud;
3. That the use for which the Development Permit was granted had ceased or was suspended for 6 or more consecutive calendar months;
4. That one or more of the conditions of the Development Permit have not been met;
5. That the use is in violation of any statute, ordinance, law, or regulation; or
6. That the use permitted by the Development Permit is detrimental to the public health, safety, or welfare or constitutes a nuisance. (Ord. 695 10-15-19; prior code § 159.44.110)
17.92.120 Performance guarantee.
The developer may be required to provide performance security in a manner similar to that set forth in Section 16.08.230 for the faithful performance of any or all conditions of approval. (Prior code § 159.44.120)
Item Number: 9.
20 Exhibit E
Chapter 17.104
HEARINGS AND APPEALS
Sections:
17.104.010 Purpose.
17.104.020 Application processing.
17.104.030 Director investigation.
17.104.040 Hearing procedure.
17.104.050 Notice of decision—Director.
17.104.060 Notice of decision—Commission.
17.104.070 Notice of decision—Council.
17.104.080 Effective date.
17.104.090 Appeal of action.
17.104.100 Filing of appeals.
17.104.110 Notice of appeal hearings.
17.104.120 Effective date of appealed actions.
17.104.130 Reapplication.
17.104.140 Reconsideration.
17.104.010 Purpose.
Provisions of this chapter specify procedures for hearings before the City Council, Planning Commission, and Director and appeals of any requirement, decision or determination made by the Director, or the Planning Commission. (Prior code § 159.52.010)
17.104.020 Application processing.
A. Applications shall be noticed consistent with the applicable provisions of the California Government Code Sections 65090, 65091, and 66451.3.
B. Not fewer than 10 days before the date of a hearing, public notice shall be given of such hearing by all of the following methods:
1. By one (1) publication in a newspaper of general circulation within the City at least ten (10) days prior to said hearing. The notice shall state the nature of the request, the location of the property (text or diagram), the date, time, and place of the scheduled hearing, and hearing body;
2. By mailing, ten (10) days prior to said hearing, postage prepaid, to the owners of property within a radius of 300 feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners as shown upon the current tax assessor’s records. The list of property owners addresses shall be typed upon gummed labels, together with required postage. The list shall be prepared and certified by Item Number: 9.
21 the applicant, or a title insurance company, civil engineer or surveyor licensed to practice in California. The notice shall state the nature of the request, location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body; or, in the event that the number of owners and tenants to whom notice would be sent is greater than 1,000, notice may be given at least ten (10) days prior to the hearing by placing a display advertisement of at least 1/8 page in the newspaper of general circulation within the area affected by the proposed action. The notice shall state the nature of the request, the location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body; and
3. By mailing, ten (10) days prior to said hearing, postage prepaid, to the owner of the subject real property or the owner’s authorized agent, and to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the proposed project.
The notice shall state the nature of the request, the location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body.
17.104.030 Director investigation.
The Director shall make an investigation of facts bearing on the case to provide the information necessary for action consistent with the intent of this Zoning Ordinance and the General Plan. The Director shall report the findings to the Planning Commission or City Council, as appropriate. (Prior code § 159.52.030)
17.104.040 Hearing procedure.
Hearings as provided for in this chapter shall be held at the date, time, and place for which notice has been given as required in this chapter, or as otherwise agreed upon. The summary minutes shall be prepared, or audio tape made and filed in the Planning Department. Any hearing may be continued provided that prior to the adjournment or recess of the hearing, a clear announcement is made specifying the date, time, and place to which said hearing will be continued. (Prior code § 159.52.040)
17.104.050 Notice of decision—Director.
The Director shall announce and record his/her respective decisions in writing. The decision shall set forth applicable findings, either for approval or denial, and any conditions of approval. Following the decision, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application. (Prior code § 159.52.050)
17.104.060 Notice of decision—Planning Commission.
A. The Planning Commission shall announce and record its decision at the conclusion of the public hearing. The decision shall set forth the findings of approval or denial of the Planning Commission together with all required conditions of approval deemed necessary to mitigate any impacts and protect the health, safety and welfare of the community.
Item Number: 9.
22 B. Following the hearing, a notice of the decision of the Planning Commission, and any conditions of approval shall be mailed to the applicant at the address shown upon the application.
C. The recommendation with findings of the Planning Commission for the following applications shall be transmitted to the City Council for final action:
1. Specific plans;
2. General Plan amendments, text or map;
3. Planned development district;
4. Zoning Ordinance amendments; and
5. Surface mining and land reclamation plans. (Prior code § 159.52.060)
17.104.070 Notice of decision—City Council.
A. The City Council shall announce and record its decision at the conclusion of the public hearing. The decision shall set forth the findings of the City Council and conditions of approval deemed necessary to mitigate any impacts and protect the health, safety and welfare of the City.
B. Following the hearing, a notice of the decision of the City Council and any conditions of approval shall be mailed by the City Clerk to the applicant at the address shown upon the application.
C. The decision of the City Council shall be final. (Prior code § 159.52.070)
17.104.080 Effective date.
Development Permits approved by the Director shall become effective upon approval, unless appealed to the City Council. Development Permits approved by the Director involving solely matters of landscaping, architecture and design shall become effective upon approval by the Director, unless appealed to the Planning Commission. Minor exceptions, variances, all other Development Permits, and Conditional Use Permits, shall become effective 15 days following the final date of action (i.e., approval by the appropriate review authority). Specific plans, General Plan amendments, Zoning Ordinance amendments, development agreements, and surface mining and land reclamation plans shall become effective 30 days following the final date of action (i.e., adoption) by the City Council. The letter of approval shall constitute the permit, and the resolution or ordinance shall constitute the amendment. (Ord. 741 10-5-21; Prior code § 159.52.080)
17.104.090 Appeal of action.
Any determination or action taken by the Director for matters solely involving landscaping, architecture and design must first be appealed to the Planning Commission. The Planning Commission decision may further be appealed to the City Council. Any determination or action taken by the Director for any and all other matters may only be appealed to the City Council. Any action taken by the Planning Commission to Item Number: 9.
23 approve or disapprove an application may be appealed to the City Council. (Ord. 741 10-5-21; Prior code § 159.52.090)
17.104.100 Filing of appeals.
Appeals shall be submitted to the Planning Department on a City application form, fees paid, and shall specifically state the basis of the appeal. An appeal of a Director action shall be filed with the Department within fifteen (15) days following the final date of action for which an appeal is made. Appeal of a Commission decision shall be filed with the Planning Department within fifteen (15) days following the final date of action for which an appeal is made. Appeal of a City Engineer action shall be filed with the Planning Department within fifteen (15) days following the final date of action for which an appeal is made. All appeals relating to subdivision matters shall be made within fifteen (15) days following the date of the decision or action for which an appeal is made. Appeals shall be accompanied by a filing fee as specified in Chapter 17.68 (Applications and Fees). (Prior code § 159.52.100)
17.104.110 Notice of appeal hearings.
The notice of an appeal hearing shall conform to the manner in which the original notice was given. The appellant shall be responsible for all, if any, noticing materials required in the original application, including postage. (Prior code § 159.52.110)
17.104.120 Effective date of appealed actions.
An action of the Director solely for matters involving landscaping, architecture and design appealed to the Planning Commission shall not become final until acted upon by the Planning Commission. If the Planning Commission action is further appealed to the City Council, the action shall not become final until acted upon by the City Council. An action of the Director appealed to the City Council shall not become final until acted upon by the City Council. (Ord. 741 10-5-21; Prior code § 159.52.120)
17.104.130 Reapplication.
When an application for a permit or amendment is denied, no application for the same or substantially same permit or amendment shall be filed in whole, or in part, for the ensuing twelve (12) months, except as otherwise specified at the time of denial. The Director shall determine whether the new application is for a permit or amendment which is the same or substantially the same as a previously denied permit or amendment. No decision of the Director shall be effective until a period of fifteen (15) days has elapsed following the written notice of decision. (Prior code § 159.52.130)
17.104.140 Reconsideration.
In the event that more complete or additional facts or information, which may affect the original action taken on an application by a review authority, are presented, the review authority may reconsider such action taken, if a request for reconsideration is filed with the Planning Department within fifteen (15) days following the final date of action. If a public hearing was required in the original review process, another public notice as specified in Section 17.104.020 shall be made prior to the reconsideration of the Item Number: 9.
24 review authority, and all costs associated with the reconsideration shall be paid by the applicant. (Prior code § 159.52.140)
Item Number: 9.
25 Exhibit F
Chapter 17.136
TEMPORARY USE PERMITS
Sections:
17.136.010 Purpose.
17.136.020 Permitted uses.
17.136.030 Application.
17.136.040 Findings.
17.136.050 Conditions of approval.
17.136.060 Condition of site following temporary use.
17.136.070 Revocation.
17.136.010 Purpose.
The Temporary Use Permit allows for short-term activities which may be appropriate when regulated. (Prior code § 159.70.010)
17.136.020 Permitted uses.
The following temporary uses may be permitted, subject to the issuance of a Temporary Use Permit:
A. Real estate offices within approved development projects; B. On- and off-site contractors’ construction yards in conjunction with an approved development project;
C. Trailer, coach, container, construction trailer, or mobile home as a temporary use for the property owner or contractor when a valid building permit is in force. The permit may be granted for up to 180 days, or upon expiration of the building permit, whichever first occurs; D. Container or storage pod for the temporary storage of household goods when improvements are being made to the property.
E. Christmas tree sale lots; however, a permit shall not be required when such sales are in conjunction with an established commercial business holding a valid business license, provided such activity shall be only held from November 1st through December 31st, subject to all applicable provisions of the municipal code;
Item Number: 9.
26 F. Circuses, rodeos and carnivals, subject to compliance with Chapter 17.156; G. Fairs, festivals and concerts, when not held within premises designed to accommodate such events, such as auditoriums, stadiums, or other public assembly facilities; H. Emergency public health and safety needs;
I. Similar temporary uses which, in the opinion of the Director are compatible with the land use district and surrounding land uses, pursuant to Section 17.04.070(C) (Similar Uses Permitted); J. City-sponsored uses and activities, not occupying a structure and occurring at regular periodic intervals (weekly, monthly, yearly, etc.); and
K. Temporary mobile food vending at private and public properties pursuant to Chapter 5.52. (Ord. 690 9-3-19; prior code § 159.70.020)
17.136.030 Application.
A Temporary Use Permit may be approved, modified, conditioned, or denied by the Director. The Director may refer such application to the Planning Commission. Decisions of the Director may be appealed to the Planning Commission, pursuant to Chapter 17.104 (Hearings and Appeals). (Prior code § 159.70.030)
17.136.040 Findings.
The Director may approve, or conditionally approve a Temporary Use Permit application, only when all the findings contained in Section 17.76.050 (Conditional Use Permits—Findings) are made. (Prior code § 159.70.040)
17.136.050 Conditions of approval.
In approving an application for a Temporary Use Permit, the Director may impose conditions deemed necessary to ensure that the permit will be in accordance with the findings required by Section 17.76.050.
These conditions may involve any pertinent factors affecting the operation of such temporary event, or use, and may include but are not limited to:
A. Provision for a fixed period not to exceed 90 days unless otherwise specified in this Chapter for a temporary use not occupying a structure, including promotional activities, or 1 year for all other uses or structures, or for a shorter period of time as determined by the Director. Periodic Citysponsored uses or activities outlined in Section 17.136.020(J) are not subject to the fixed time limitations of this condition as determined by the Director; Item Number: 9.
27 B. Provision for temporary parking facilities, including vehicular ingress and egress; C. Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination on adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases, and heat; D. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards; E. Provision for sanitary and medical facilities;
F. Provision for solid, hazardous and toxic waste collection and disposal; G. Provision for security and safety measures;
H. Regulation of signs;
I. Regulation of operating hours and days, including limitation of the duration of the temporary use, as outlined in subsection A of this section;
J. Submission of a performance bond or other surety devices, satisfactory to the City Engineer, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition; K. Submission of a site plan indicating any information required by this chapter; L. Requirements for access per the Americans with Disabilities Act M. A requirement that the approval of the requested Temporary Use Permit is contingent upon compliance with applicable provisions of the municipal code; and N. Any other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accordance with the intent and purpose of this chapter. (Prior code § 159.70.050)
Item Number: 9.
28 17.136.060 Condition of site following temporary use.
Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used, pursuant to the provisions of this Zoning Ordinance. (Prior code § 159.70.060)
17.136.070 Revocation.
A Temporary Use Permit may be revoked or modified by the Director if any 1 of the following findings can be made:
A. Circumstances have changed so that one (1) or more of the findings of fact contained in Section
17.76.050 can no longer be made;
B. The Temporary Use Permit was obtained by misrepresentation or fraud; C. One (1) or more of the conditions of the Temporary Use Permit have not been met; and D. The use is in violation of any statute, ordinance, law, or regulation. (Prior code § 159.70.070) Item Number: 9.
29 Exhibit G
Chapter 17.124
NONCONFORMING STRUCTURES AND USES
Sections:
17.124.010 Purpose.
17.124.020 Nonconforming structures.
17.124.030 Nonconforming uses.
17.124.040 Nonconforming lots.
17.124.050 Abatement of nonconforming uses.
17.124.060 Structure permits or certificate of occupancy prohibited.
17.124.070 Removal of illegal nonconforming structures and uses.
17.124.010 Purpose.
A. Provisions of this chapter provide for the orderly termination of nonconforming structures and uses to promote the public health, safety, and general welfare, and to bring these structures and uses into conformity with the goals and policies of the General Plan. It is the intent of this chapter to prevent the expansion of nonconforming structures and uses to the maximum extent feasible, to establish the criteria under which they may be continued or possibly expanded, and to provide for the correction or removal of these land use nonconformities in an equitable, reasonable, and timely manner.
B. Nonconforming structures and uses within the City are generally detrimental to both orderly and complementary development, and the general welfare of citizens and property. Furthermore, it is the intent of this chapter that nonconforming structures and uses shall be eliminated as rapidly as possible without infringing upon the constitutional rights of property owners and conforming to state law. (Prior code § 159.62.010)
17.124.020 Nonconforming structures.
Structures which lawfully existed prior to the effective date of this Zoning Ordinance are legal nonconforming structures and may continue even though they fail to conform to the present requirements of the land use district in which they are located. Legal nonconforming structures may be maintained as follows:
A. In order to comply with state housing law and aid in alleviation of the housing crisis, residential units shall not be deemed legal non-conforming. Therefore, such uses can be expanded so long as Item Number: 9.
30 all applicable permits and laws are met, and additions meet all current development requirements.
B. Legal nonconforming structures which are damaged to an extent of 1/2 or more of replacement cost immediately prior to such damage may be restored only if made to conform to all provisions of this Zoning Ordinance. However, any residential structure(s), including multifamily, in a residential land use district destroyed by a catastrophe, including fire and earthquake, may be reconstructed up to the original size, placement, and density. However, reconstruction shall commence within two (2) years after the catastrophe.
C. Necessary repairs and desired alterations may be made to legal nonconforming residential structures, including multifamily, located in a residential land use district.
D. Reasonable repairs and alterations may be made to legal nonconforming commercial, institutional, or industrial structures, provided that no structural alterations shall be made which would prolong the life of the supporting members of a structure, such as bearing walls, columns, beams, or girders. Structural elements may be modified or repaired only if the Building Official determines that such modification or repair is immediately necessary to protect the health and safety of the public or occupants of the nonconforming structure, or adjacent property and the cost does not exceed 1/2 of the replacement cost limitations, provided that such retrofitting is strictly limited to compliance with earthquake safety standards.
E. Changes to interior partitions or other nonstructural improvements and repairs may be made to a legal nonconforming commercial, institutional, or industrial structure, provided that the cost of the desired improvement or repair shall not exceed 1/2 of the replacement cost of the nonconforming structure over any consecutive f i v e ( 5) year period.
F. The replacement cost shall be determined by the Director.
G. Any additional development of a parcel with a legal nonconforming structure will require that all new structures be in conformance with this Zoning Ordinance.
H. In the event that the use of a nonconforming structure is discontinued by evidence of vacancy for a period of six (6) or more consecutive calendar months, the structure shall lose its legal nonconforming status, and shall be removed or altered to conform to the provisions of this Zoning Ordinance. A use of a legal nonconforming structure shall be considered discontinued when any of the following apply:
1. The intent of the owner to discontinue use of the nonconforming structure is apparent, as determined by the Director.
2. In the event that characteristic furnishings and equipment associated with the use have been Item Number: 9.
31 removed and not replaced with equivalent furnishings and equipment during this time, and where normal occupancy and/or use has been discontinued for a period of six (6) or more consecutive calendar months.
3. Where there are no business receipts available for the six (6) month period.
I. The Director shall permit a nonconforming structure to be reoccupied without complying with the building dimensional requirements (pertaining to height, setbacks and/or lot coverage) or the landscaping requirements in Chapter 17.56 where the use of the nonconforming structure has been discontinued for six (6) months or more and if the Director determines that a portion of the structure or the required on-site parking must be removed in order for the structure to conform to the provisions of this Zoning Ordinance. All other requirements in the municipal code, including but not limited to this chapter, shall apply to the reoccupancy of the structure. (Prior code § 159.62.020)
17.124.030 Nonconforming uses.
The continuance of legal nonconforming uses are subject to the following:
A. Change of ownership, tenancy, or management of a nonconforming use shall not affect its legal nonconforming status, provided that the use and intensity of use does not change.
B. If a nonconforming use is discontinued for a period of six (6) or more consecutive calendar months, it shall lose its legal nonconforming status, and the continued use of the property shall be required to conform with the provisions of this Zoning Ordinance.
C. Additional development of any property on which a legal nonconforming use exists shall require that all new uses conform to the provisions of this Zoning Ordinance.
D. If a nonconforming use is converted to a conforming use, no nonconforming use may be resumed.
E. No nonconforming use may be established or replaced by another nonconforming use, nor may any nonconforming use be expanded or changed, except as provided in subsection F of this section.
F. A nonconforming use of a portion of a nonconforming commercial or industrial center or complex may be established or replaced by another similar nonconforming use subject to the granting of a Development Permit after a noticed public hearing as specified in Section
17.104.020, and if all the following findings are made:
Item Number: 9.
32 1. That the nonconforming use is similar to the uses originally allowed in the center or complex;
2. That the nonconforming use will not adversely affect or be materially detrimental to adjoining properties; and
3. That the use of the entire center or complex has not been vacant or discontinued for a period of six (6) or more calendar months.
G. An existing legal nonconforming use or legal nonconforming building may be minimally expanded or changed subject to the granting of a Development Permit after a noticed public hearing as specified in Section 17.104.020, and if all of the following findings are made:
1. That such expansion or change is minimal;
2. That such expansion or change will not adversely affect or be materially detrimental to adjoining properties;
3. That there is a need for relief of over-crowded conditions, for modernization in order to properly operate the use, or to meet a requirement of the Building Code; and
4. That the use is existing and has not been discontinued for a period of six (6) or more calendar months. (Prior code § 159.62.030)
17.124.040 Nonconforming lots.
A nonconforming lot may be developed and used in accordance with this chapter provided all regulations of the district within which the lot exists can be met.
17.124.050 Abatement of nonconforming uses.
Legal nonconforming uses shall be discontinued within the following specified time limits, from the effective date of this Zoning Ordinance:
A. A nonconforming use which does not occupy a structure: f i v e ( 5) years.
B. The nonconforming use of a conforming structure within any residential land use district: fifteen (15) years.
C. The nonconforming use of a conforming structure within any commercial/industrial land use district: ten (10) years. (Prior code § 159.62.040)
The above notwithstanding, the Director, after application by the use operator or structure owner, shall allow the legal nonconformity to continue, for the same period as the initial periods in subsections a-c above, so long as the Director finds that the legal non-conformity is otherwise in compliance with all applicable federal, state and local laws, including but not limited to, the payment of all taxes are paid Item Number: 9.
33 timely, and no code compliance issues exist, and the structure or use is otherwise in good repair and order.
17.124.060 Structure permits or certificate of occupancy prohibited.
When any nonconforming structure or use is no longer permitted pursuant to the provisions of this chapter, no permit for a structure shall thereafter be issued for further continuance, alteration, or expansion. Any permit issued in error shall not be construed as allowing the continuation of the nonconforming structure or use. (Prior code § 159.62.050)
17.124.070 Removal of illegal nonconforming structures and uses.
Nothing contained in this chapter shall be construed or implied so as to allow for the continuation of illegal nonconforming structures and uses. Said structures and uses shall be removed immediately subject to the provisions of Chapter 17.96 (Enforcement of Provisions) and State law. (Prior code §159.62.060)
Item Number: 9.
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Chapter 17.74
ADMINISTRATIVE CONDITIONAL USE PERMITS
Sections:
17.74.010 Purpose.
17.74.020 Application.
17.74.030 Project review and action.
17.74.040 Conditions.
17.74.050 Findings.
17.74.060 Use of property before final decision.
17.74.070 Administrative Conditional Use Permit approval and expiration.
17.74.080 Modification of Administrative Conditional Use Permit.
17.74.090 Revocation.
17.74.100 Administrative Conditional Use Permit to run with the land.
17.74.010 Purpose.
The purpose of this chapter is to provide a Director-level process for reviewing land uses that may be appropriate in the applicable zone but whose effects on a site and surrounding uses cannot be determined absent a discretionary review process. Certain types of land uses may require special conditions in a particular zone or physical location within the City because they possess unique characteristics or present special problems that make automatic inclusion as permitted uses either impractical or undesirable due to potential and unforeseeable impacts to the surrounding area.
Administrative Conditional Use Permit procedures are intended to provide sufficient flexibility in the use regulations to further the objectives of this title and to provide the City with the opportunity to impose special conditions to mitigate potential impacts that could result from allowing the use(s) at the requested location. (Ord. 712 6-2-20)
17.74.020 Application.
An application for an Administrative Conditional Use Permit (AUP) shall be filed in a manner consistent with the requirements contained in Chapter 17.68 (Applications and Fees). (Ord. 712 6-2-20)
17.74.030 Project review and action.
A. A. Administrative Conditional Use Permit applications shall be analyzed and reviewed by the Director or his/her designee for consistency with the intent and the purpose of this chapter, the provisions of this title, and the Ggeneral Pplan. The Director or designee shall have the authority to approve, approve with conditions, or deny the application.
B. B. No public notice and no public hearing shall be required for an Administrative Conditional Use Permit. Within 20 working days from the date an application is deemed complete, the Director shall issue a written determination as to the approval, conditional approval, or denial of the application. The written determination shall state the findings for the decision. (Ord. 712 6-2-20) Item Number: 9.
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C. C. An Administrative Conditional Use Permit shall not be granted if the underlying property or properties in question have been issued a Code Compliance Notice of Violation/ Notice to Abate or are otherwise in violation of the Desert Hot Springs Municipal Code. Notwithstanding, an Adminstirative Conditional Use Permit may be granted if the application for same includes remediying any and all municipal code violations.
17.74.040 Conditions.
In approving an Administrative Conditional Use Permit, the Director or designee may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with this chapter, State law, and with the findings required by Section 17.74.050 (Findings). (Ord. 712 6-2-20)
17.74.050 Findings.
The Director or designee may approve and/or modify an Administrative Conditional Use Permit application in whole or in part, with or without conditions, only if all of the following findings are made:
A. AThat the proposed use is consistent with applicable goals and policies of the City’s General Plan. (Ord. 712 6-2-20).
B. That the proposed use is conditionally permitted within the subject zone and complies with all of the applicable provisions of this Title;
C. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properities or improvements in the surrounding area; DB. That the proposed use would not impair the integrity and character of the zone in which it is to be located;
D. EC. That the subject site is physically suitable for the type and intensity of land use being proposed; FD. That the proposed use is compatible with any land uses that may already exist on the subject property; E. GE. That the proposed use would be compatible with existing and future land uses within the general surrounding area in which the proposed use is to be located; F. HF. That the proposed use is compatible in scale, mass, coverage, density, and intensity with all adjacent land uses;
G. IG. That there are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety; and H. JH. That there will be adequate provisions for public access to serve the subject use; and I. That the proposed use is consistent with applicable goals and policies of the general plan. (Ord. 712 6- 2-20)
Item Number: 9.
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17.74.060 Use of property before final decision.
In no instance shall a permit be issued for any use involved in an application for approval of an Administrative Conditional Use Permit until, and unless, the same shall have become final. (Ord. 712 6-2- 20)
17.74.070 Administrative Conditional Use Permit approval and expiration.
A. A.Unless otherwise permitted by law, an Administrative Conditional Use Permit shall have a maximum term of five (5) years from the date of approval.
B. B. The initial term of the Administrative Use PermitACUP shall be two (2) years.
C. C. An extension may be granted prior to the expiration of the permit by submitting an application and paying fees. The Applicant may request one (1) extension at a time for up to one (1) year to the Planning Director requesting the extension and reasons for the extension, not to exceed a total extension time of three (3) years). Upon receipt of the application, the Planning Director or designee shall have the authority to approve, approve with modifications to the approved conditions, add additional conditions, or deny the request.
D. DAdministrative Conditional Use Permits which are not exercised by the commencement of construction within two (2) years from the date of approval shall become null and void, unless extended. In addition, if after issuance of a building permit, work is discontinued for a period of one (1) year, the Administrative Conditional Use Permit shall become null and void, unless extended.
E. CFurther, if after issuance of a grading permit, work is discontinued for a period of six (6) months, then the Administrative Conditional Use Permit shall become null and void, unless extended.
Projects may be built in phases if pre-approved by the review authority. If a project is built in preapproved phases, each subsequent phase shall have two (2) years from the previous phase’s date of construction commencement to the next phase’s date of construction commencement to have occurred, or the Administrative Conditional Use Permit shall become null and void.
F. F. The Administrative Conditional Use Permit shall become null and void if the project is not operational by the end of the fifth (5th) year from the date of approval of the Administrative Conditional Use Permit.
DB. For any Administrative Conditional Use Permit not requiring issuance of a building permit or grading permit, exercise of the approval shall be issuance of a business license. (Ord. 726 10-6-20; Ord. 712 6- 2-20)
17.74.080 Modification of Administrative Conditional Use Permit.
An approved Administrative Conditional Use Permit may be modified pursuant to Chapter 17.68 (Applications and Fees). Minor modifications to an approved Administrative Conditional Use Permit may be approved by the Director pursuant to Chapter 17.120 (Minor Modifications). (Ord. 712 6-2-20)
17.74.090 Revocation.
A. A.The City may initiate proceedings to revoke or modify an Administrative Conditional Use Permit granted pursuant to the provisions of this chapter by using the procedures set forth in the applicable sections of Chapter 4.36 of the Desert Hot Springs Municipal Code, or successor chapter.
Item Number: 9.
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B.B. An Administrative Conditional Use Permit may be revoked or modified if one or more of the following findings can be made:
1. That circumstances have changed so that one or more of the findings contained in Section
17.74.050 can no longer be made;
2. The Administrative Conditional Use Permit was obtained by misrepresentation or fraud;
3. The use for which the Administrative Conditional Use Permit was granted had ceased or was suspended for six or more consecutive calendar months;
4. One or more of the conditions of the Administrative Conditional Use Permit have not been met;
5. The use or permit holder is in violation of any statute, ordinance, law, or regulation; and/or
6. The use permitted by the Administrative Conditional Use Permit has subsequently been determined to be detrimental to the public health, safety, or welfare or constitutes a nuisance. (Ord. 712 6-2-20)
17.74.100 Administrative Conditional Use Permit to run with the land.
Administrative conditional Uuse Ppermits are granted pursuant to the provisions of this chapter and shall continue to be valid upon a change of ownership of the site, business, service, use or structure which was the subject of the permit application. (Ord. 712 6-2-20)
Item Number: 9.
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Item Number: 9.
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Chapter 17.76
CONDITIONAL USE PERMITS
Sections:
17.76.010 Purpose.
17.76.020 Application.
17.76.030 Project review.
17.76.040 Hearings and notice.
17.76.050 Findings.
17.76.060 Use of property before final decision.
17.76.070 Conditional Use Permit expiration.
17.76.080 Modification of Conditional Use Permit.
17.76.090 Time extension.
17.76.100 Revocation.
17.76.110 Conditional Use Permit to run with the land.
17.76.120 Performance guarantee.
17.76.010 Purpose.
Many land uses are or can be made conditionally appropriate, depending on the circumstances at the site and surrounding area; these discretionary determinations are termed “conditional uses.” Conditional uses are unique and their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. At the time of application, a review of the location, design, configuration, and potential impact of the proposed use shall be conducted by comparing the use to established development standards and design guidelines. This review shall determine whether the proposed use should be permitted by weighing the public need for the benefit to be derived from the use against the impact which it may cause. (Prior code § 159.36.010)
17.76.020 Application.
An application for a Conditional Use Permit (CUP) shall be filed in a manner consistent with the requirements contained in Chapter 17.68 (Applications and Fees). (Prior code § 159.36.020)
17.76.030 Project review.
A. a.Conditional Use Permit applications shall be analyzed to assure that the applications are complete and consistent with the intent and the purpose of this chapter. To ensure effective implementation of General Plan policies relating to design guidelines, each application for a Conditional Use Permit shall be reviewed by the Planning Director for completeness prior to approval by the Planning Commission review and possible action. (Prior code § 159.36.030) B. b. A Conditional Use Permit shall not be granted if the underlying property or proptiesproperties in question have been issued a Code Compliance Notice of Violation/ Notice to Abate or are otherwise in violation of the Desert Hot Springs Municipal Code. Notwithstanding, a Conditional Use Permit Item Number: 9.
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may be granted if the application for same includes remediyingremedying any and all municipal code violations.
17.76.040 Hearings and notice.
Upon receipt in proper form of a Conditional Use Permit application, staff shall conduct necessary project and environmental reviews and determine the adequacy of the application. Once it is determined that no additional information is required, a hearing shall be set and notice of the Planning Commission hearing given in a manner consistent with Chapter 17.104 (Hearings and Appeals). (Prior code § 159.36.040)
17.76.050 Findings.
At the completion of the public hearing, the Planning Commission shall record the decision in writing and shall recite therein the findings upon which such decision is based. The Planning Commission may approve and/or modify a Conditional Use Permit application in whole or in part, with or without conditions, only if all of the following findings are made:
A. That the proposed use is consistent with applicable goals and policies of the General Plan; B. That the proposed use is conditionally permitted within the subject land use district and complies with all of the applicable provisions of this Zoning Ordinance; B. That the proposed use would not impair the integrity and character of the land use district in which it is to be located;
C. DC. That the subject site is physically suitable for the type and intensity of land use being proposed; ED. That the proposed use is compatible with the land uses presently on the subject property; D. FE. That the proposed use would be compatible with existing and future land uses within the general area in which the proposed use is to be located;
E. GF. That the proposed use is compatible in scale, mass, coverage, design, density, and intensity with all adjacent land uses;
F. HG. That there are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety; G. IH. That there will be adequate provisions for public access to serve the subject proposal; JI. That there will not be an adverse effect upon desirable neighborhood characteristics; Item Number: 9.
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H. K. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properitiesproperties or improvements in the surrounding area; I. LJ. That the proposed use is needed or appropriate at the prescribed location, as demonstrated in the market/feasibility study, if required;
MK. That the proposed use is consistent with applicable goals and policies of the General Plan; J. NL. That there will not be significant harmful effects upon environmental quality and natural resources; and
K. OM.That if there are any the negative impacts of from the proposed use, they are mitigated and/or a mitigated negative declaration may be filed to less than a significant impact; and PN. That the proposed location, size, design, and operating characteristics of the proposed use would not be detrimental to the public interests, health, safety, convenience, or welfare of the City. (Prior code § 159.36.050)
17.76.060 Use of property before final decision.
In no instance shall a permit be issued for any use involved in an application for approval of a Conditional Use Permit until, and unless, the same shall have become final. (Prior code § 159.36.060)
17.76.070 Conditional Use Permit expiration/Time extension.
A. A. Unless otherwise permitted by law, an Conditional Use Permit shall have a maximum term of five (5) years from the date of approval.
B. B. The initial term of the CUPConditional Use Permit shall be two (2) years.
C. C. An extension may be granted prior to the expiration of the permit by submitting an application and paying fees. The Applicant may request one (1) extension at a time for up to one (1) year to the Planning Director requesting the extension and reasons for the extension, not to exceed a total extension time of three (3) years). Upon receipt of the application, the Planning Director or designee shall have the authority to approve, approve with modifications to the approved conditions, add additional conditions, or deny the request.
D. D. Conditional Use Permits which are not exercised by the commencement of construction within two (2) years from the date of approval shall become null and void, unless extended. In addition, if after issuance of a building permit, work is discontinued for a period of one (1) year, the Conditional Use Permit shall become null and void, unless extended.
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E. E. Further, if after issuance of a grading permit, work is discontinued for a period of six (6) months, then the Conditional Use Permit shall become null and void, unless extended. Projects may be built in phases if pre-approved by the review authority. If a project is built in preapproved phases, each subsequent phase shall have two (2) years from the previous phase’s date of construction commencement to the next phase’s date of construction commencement to have occurred, or the Conditional Use Permit shall become null and void.
F. F.The Conditional Use Permit shall become null and void if the project is not operational by the end of the fifth (5th) year from the date of approval of the Conditional Use Permit.
Conditional Use Permits which are not exercised by the commencement of construction within two (2) years from the date of approval or the Conditional Use Permit shall become null and void. In addition, if after issuance of building permit, work is discontinued for a period of 1 year, then the Conditional Use Permit shall become null and void, unless extended.
Further, if after issuance of grading permit, work is discontinued for a period of 6 months, then the Conditional Use Permit shall become null and void, unless extended. Projects may be built in phases if preapproved by the review authority. If a project is built in pre-approved phases, each subsequent phase shall have 1 year from the previous phase’s date or first certificate of occupancy is issued to the next phase’s date of construction commencement to have occurred, or the Conditional Use Permit shall become null and void.
If no building permit is required for the conditional use permit, the conditional use permit shall expire if it is not exercised within 2 years of the approval. (Ord. 726 10-6-20; prior code § 159.36.070)
17.76.080 Modification of Conditional Use Permit.
An approved Conditional Use Permit may be modified, in a manner pursuant to Chapter 17.68 (Applications and Fees). Minor modifications to an approved Conditional Use Permit may be approved by the Director, pursuant to Chapter 17.120 (Minor Modifications). (Prior code § 159.36.080)
17.76.090 Time extension.
The Commission may, upon an application being filed and fees paid prior to expiration and for good cause, grant a time extension not to exceed twelve (12) months. Upon granting of an extension, the Commission shall ensure that the Conditional Use Permit complies with all current Zoning Ordinance provisions. Unless otherwise permitted by law, the maximum number of extensions shall be limited to three (3), for a total maximum term of five (5) years, inclusive of any phasing. (Ord. 726 10-6-20; prior code § 159.36.090)
17.76.100 Revocation.
A. The City may initiate proceedings to revoke, suspend, or modify a Conditional Use Permit granted pursuant to the provisions of this chapter by using the procedures set forth in the applicable sections of Chapter 4.36 of the Desert Hot Springs Municipal Code, or successor chapter.
B. A Conditional Use Permit may be revoked or modified if one or more of the following findings arecan be made:
1. That circumstances have changed so that one or more of the findings contained in Section
17.96.050 can no longer be made;
Item Number: 9.
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2. The Conditional Use Permit was obtained by misrepresentation or fraud;
3. The use for which the Conditional Use Permit was granted had ceased or was suspended for 6 or more consecutive calendar months;
4. One or more of the conditions of the Conditional Use Permit have not been met;
5. The use or permit holder is in violation of any statute, ordinance, law, or regulation; and
6. The use permitted by the Conditional Use Permit has subsequently been determined to be detrimental to the public health, safety or welfare or constitutes a nuisance. (Ord. 695 10-15-19; prior code § 159.36.100)
17.76.110 Conditional Use Permit to run with the land.
Conditional Use Permits are granted pursuant to the provisions of this chapter and shall continue to be valid upon a change of ownership of the site, business, service, use or structure which was the subject of the permit application. (Prior code § 159.36.110)
17.76.120 Performance guarantee.
At the discretion of the Planning Commission, the developer may be conditioned to provide performance security in a manner similar to Section 16.08.030 for the faithful performance of any or all conditions of approval. (Prior code § 159.36.120)
Item Number: 9.
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Chapter 17.80
DESIGN REVIEW
Sections:
17.80.010 Purpose.
17.80.020 Application.
17.80.030 Applicability.
17.80.040 Director findings.
17.80.010 Purpose.
The purpose of design review is to ensure that the City’s General Plan design policies are achieved. These provisions shall ensure the following:
A. A. The establishment of design review procedures for all applicable projects in the City, including residential, commercial, and industrial development, and mixed-use proposals developments; B. B. That proposed development projects comply with all applicable performance City development standards and design guidelines;
C. C. A focus on community design principles which result in creative, imaginative solutions andwhich establish quality design for the City;
D. D. The orderly and harmonious appearance of structures along with associated facilities, such as signs, landscaping, parking areas, etc;
E. E. Maintenance of the public health, safety and general welfare and property throughout the City; and
F. F. Effective implementation of the General Plan policies which encourage the preservation and enhancement of the particular character and unique assets of the City, and its harmonious development. (Prior code § 159.38.010)
17.80.020 Application.
The following list of structures shall be subject to design review by the Planning Commission:
A. A. New structure(s)/development and related site plans subject to a review authority other than the Director, pursuant to Table 17.64.01;
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B. B. Remodeled structure(s)/development and related site plans, which require a Development Permit; C. C. A project involving an intensification of land use (e.g., conversion of a shoe store to a restaurant, or a residential structure to an office use, etc.); and D. D. New or modified signs with review authority other than the Director. (Prior code § 159.38.020)
17.80.030 Applicability.
The Director, acting in the capacity for design review, shall receive and evaluate all projects subject to design review prior to final action by any subsequent review authority (Planning Commission, etc.), if any.
The Planning Department , as part of the overall project review process, shall forward the appropriate materials to the Planning Commission and submit a report to the review authority, if required. (Prior code § 159.38.030)
17.80.040 FindingssDirector findings.
The Director or Planning Commission shall determine whetherthat the project adequately meets adopted City performance development standards and design guidelines, based upon the following findings:
A. A. The design of the proposed project would provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, textures, and colors that will remain appealing and will retain a reasonably adequate level of maintenance.
B. B. The design and layout of the proposed project will not unreasonably interfere with the use and enjoyment of neighboring existing or future development, and will not result in vehicular and/or pedestrian hazards; and
C. C. The architectural design of the proposed project is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by this Zoning Ordinance and the General Plan. (Prior code § 159.38.040) Item Number: 9.
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Chapter 17.92
DEVELOPMENT PERMITS
Sections:
17.92.010 Purpose.
17.92.020 Application.
17.92.030 Applicability.
17.92.040 Project review.
17.92.050 Hearings and notice.
17.92.060 Findings.
17.92.070 Development Permit expiration.
17.92.080 Use of property before final decision.
17.92.090 Modification of Development Permit.
17.92.100 Time extension.
17.92.110 Revocation.
17.92.120 Performance guarantee.
17.92.010 Purpose.
Procedures for the processing of Development Permits are intended to protect the integrity and character of the residential, commercial and industrial areas of the City, through the application of the provisions of the chapter consistent with the General Plan. At the time of application submittal a review of the location, design, configuration and impact of the proposed use shall be conducted by comparing such use to established standards and design guidelines. This review shall determine whether the permit should be approved by weighing the public need for the benefits to be derived from the use against the impacts it may cause. (Prior code § 159.44.010)
17.92.020 Application.
Application for a Development Permit shall be filed in a manner consistent with the requirements contained in Chapter 17.68 (Applications and Fees). (Prior code § 159.44.020)
17.92.030 Applicability.
Development Permits shall be required for all applicable uses and structures permitted by this Zoning Ordinance pursuant to Table 17.64.01. .; however, none shall be required for a new or existing single-family home. New or modifications to existing single-family home does require a review and sign-off from the Director for compliance with applicable design standards and guidelines. Specifically, a permit shall be required under the following circumstances:
A. Development Permits – Administrative (Review by the DirecctorDirector or his/her designee) a. Single Family Residential Housing- 1 Sstructure
b. Antennae
c. Fences and Walls
Item Number: 9.
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d. Large Family Day Care
e. Residential Care Facility
B. Minor Development Permits - Minor (Review by the Director or his/her designee) a. Minor Additions to existing Commercial, Industrial, or Mixed- Use Buildings, but no more than 20% of the square footage of the existing structure, and not subject to CEQA. b. Multi- Family Housing Developments consisting of 20 units or less, and not subject to CEQA
C. Major Development Permits – Major ( Review by the Planning Commission) a. New Construction on Vacant Lot
b. Single- Ffamily Hhousing Subdivisions
c. Major Additions to existing Commercial, Industrial, or Mixed- Use Buildings more than 20% of the square footage of the existing structure, or subject to CEQA. d. Multi- Family Housing Developments consisting of 21 units or more e. All other improvements, other than those listed above/ subject to Zoning Compliance/ Approval
A. A new use or structure;
B. Expansion or conversion of an existing use or structure; C. Construction or conversion of a structure(s) to allow mixed use development(s); D. Enlargement or exterior alteration of an existing structure for which a Development Permit has not been issued, excluding existing single-family structures; E. Movement and relocation of any structure to any parcel within the City; F. Floor plans, site plans, and elevations of models for new single-family structures in an approved subdivision. (Prior code § 159.44.030)
17.92.040 Project review.
A. a. Development Permit applications shall be analyzed to assure that the applications are complete and consistent with the intent and the purpose of this chapter. To ensure effective implementation of General Plan policies relating to design guidelines, each application for a Development Permit shall be reviewed by the Planning Director for completeness prior to Planning Commission review and possible action. (Prior code § 159.36.030)
B. b. A Development Permit shall not be granted if the underlying property or proptiesproperties in question have been issued a Code Compliance Notice of Violation/ Notice to Abate or are otherwise in violation of the Desert Hot Springs Municipal Code. Notwithstanding, a Development Permit may be Item Number: 9.
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granted if the application for same includes remediyingremedying any and all municipal code violations.
Development Permit applications shall be analyzed to ensure that each application is consistent with the intent and purpose of the chapter. To ensure effective implementation of General Plan policies relating to design guidelines, each application for a Development Permit, except for single-family residential structures and Development Permits approvable by the Director pursuant to Table 17.64.01, shall be reviewed by the Commission. (Prior code § 159.44.040)
17.92.050 Hearings and notice.
Upon receipt in proper form of a Development Permit application, a hearing shall be set and notice of the hearing given in a manner consistent with Chapter 17.104 (Hearings and Appeals) for an application in which the Planning Commission is the final review authority, or where the proposed commercial or industrial development is adjacent to a residential land use district. (Prior code § 159.44.050)
17.92.060 Findings.
Following a hearing, the appropriate review authority, as outlined in Table 17.64.01, shall record the decision in writing and shall recite therein the findings upon which any such decision is based. The review authority may approve and/or modify a Development Permit in whole or in part, and shall impose specific development conditions. These conditions shall relate to both on- and off-site improvements that are necessary to mitigate project-related adverse impacts, and to carry out the purpose and requirements of the respective land use district. The review authority may approve a Development Permit, only if all of the following findings are made:
A. A. That the proposed use is consistent with the General Plan; B. That the proposed use is permitted within the subject land use district and complies with all of the applicable provisions of this Zoning Ordinance, including prescribed development standards and design guidelines;
C. B. That the subject site is physically suitable for the type and intensity of the land use being proposed;
D. C. That the proposed development would be compatible with existing and future developments within the land use district and general area;
E. D. That there are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use is not detrimental to public health and safety; F. E. That there is adequate public access and roadway capacity to serve the subject proposal; Item Number: 9.
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G. F. That there are no significant harmful effects upon environmental quality and natural resources; H. G. That any negative impacts of the proposed use can and shall be mitigated; and H. That the proposed use is consistent with the General Plan; and I. I. That the proposed location, size, design, and operational characteristics of the planned use are not detrimental to the public interest, health, safety, convenience, or welfare of the City. (Prior code § 159.44.060)
17.92.070 Development Permit expiration/Ttime extension.
A. A. Unless otherwise permitted by law, an Development Permit shall have a maximum term of five (5) years from the date of approval.
B. B. The initial term of the Development Permit shall be two (2) years.
C. C. An extension may be granted prior to the expiration of the permit by submitting an application and paying fees. The Applicant may request one (1) extension at a time for up to one (1) year to the Planning Director requesting the extension and reasons for the extension, not to exceed a total extension time of three (3) years). Upon receipt of the application, the Planning Director or designee shall have the authority to approve, approve with modifications to the approved conditions, add additional conditions, or deny the request.
D. D. Development Permits which are not exercised by the commencement of construction within two (2) years from the date of approval shall become null and void, unless extended. In addition, if after issuance of a building permit, work is discontinued for a period of one (1) year, the Development Permit shall become null and void, unless extended.
E. E. Further, if after issuance of a grading permit, work is discontinued for a period of six (6) months, then the Development Permit shall become null and void, unless extended. Projects may be built in phases if pre-approved by the review authority. If a project is built in pre-approved phases, each subsequent phase shall have two (2) years from the previous phase’s date of construction commencement to the next phase’s date of construction commencement to have occurred, or the Development Permit shall become null and void.
F. F. The Development Permit shall become null and void if the project is not operational by the end of the fifth (5th) year from the date of approval of the Development Permit.
Commencement of construction shall have occurred within 2 years of Development Permit approval, or the permit shall become null and void, unless extended. In addition, if after issuance of building permit, work is discontinued for a period of 2 years, then the Development Permit shall become null and void, unless extened. Further, if after issuance of grading permit, work is discontinued for a period of 6 months, then the Development Permit shall become null and void, unless extended. Projects may be built in phases if so preItem Number: 9.
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approved by the review authority. If a project is built in pre-approved phases, each subsequent phase shall have 2 years from the previous phase’s date or first Certificate of Occupancy to the next phase’s date of construction commencement to have occurred, or the Development Permit shall become null and void. If no building permit is required for the Development Permit, the Development Permit shall expire if it is not exercised within 2 years of the approval. (Ord. 726 10-6-20; prior code § 159.44.070)
17.92.080 Use of property before final decision.
No permit shall be issued for any use involved in an application for approval of a Development Permit until, and unless, the same shall have become final, pursuant to Section 17.104.080 (Effective date). (Prior code § 159.44.080)
17.92.090 Modification of development permit.
An approved development may be modified in a manner pursuant to Chapter 17.68 (Applications and Fees).
Minor modifications to an approved development may be approved by the Director, pursuant to Chapter
17.120 (Minor Modifications). (Prior code § 159.44.090)
17.92.100 Time extension.
The review authority may, upon an application being filed and associated fees paid prior to expiration and for good cause, grant a time extension not to exceed twelve (12) months. Upon granting the extension, the review authority shall ensure that the Development Permit complies with all current Zoning Ordinance provisions. The maximum number of extensions shall be limited to three (3), for a total maximum term of five (5) years. (Ord. 726 10-6-20; prior code § 159.44.100)
17.92.110 Revocation.
A. A. The City may initiate proceedings to revoke or modify a Development Permit granted pursuant to the provisions of this chapter. The hearing shall be conducted pursuant to applicable sections of Chapter 4.36 of the Desert Hot Springs Municipal Code, as may be amended from time to time. The decision of the Hearing Officer shall be final.
B. B. A Development Permit may be revoked or modified if any of the following findings can be made:
1. 1. That circumstances have changed so that one or more of the findings contained in Section
17.92.060 can no longer be made;
2. 2. That the Development Permit was obtained by misrepresentation or fraud;
3. 3. That the use for which the Development Permit was granted had ceased or was suspended for 6 or more consecutive calendar months;
4. 4. That one or more of the conditions of the Development Permit have not been met;
5. 5. That the use is in violation of any statute, ordinance, law, or regulation; or
6. 6. That the use permitted by the Development Permit is detrimental to the public health, safety, or welfare or constitutes a nuisance. (Ord. 695 10-15-19; prior code § 159.44.110) Item Number: 9.
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17.92.120 Performance guarantee.
The developer may be required to provide performance security in a manner similar to that set forth in Section 16.08.230 for the faithful performance of any or all conditions of approval. (Prior code § 159.44.120)
Item Number: 9.
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Chapter 17.104
HEARINGS AND APPEALS
Sections:
17.104.010 Purpose.
17.104.020 Application processing.
17.104.030 Director investigation.
17.104.040 Hearing procedure.
17.104.050 Notice of decision—Director.
17.104.060 Notice of decision—Commission.
17.104.070 Notice of decision—Council.
17.104.080 Effective date.
17.104.090 Appeal of action.
17.104.100 Filing of appeals.
17.104.110 Notice of appeal hearings.
17.104.120 Effective date of appealed actions.
17.104.130 Reapplication.
17.104.140 Reconsideration.
17.104.010 Purpose.
Provisions of this chapter specify procedures for hearings before the City Council, Planning Commission, and Director and appeals of any requirement, decision or determination made by the Director, or the Planning Commission. (Prior code § 159.52.010)
17.104.020 Application processing.
A. A. Applications shall be reviewed and processed in anoticed manner consistent with the applicable provisions of the California Government Code Sections 65090, 65091, and 66451.3.
B. B. Not less fewer than 10 days before the date of a hearing, public notice shall be given of such hearing by all of the following methods:
1. By one (1) publication in a newspaper of general circulation within the City .at least ten (10) days prior to said hearing. The notice shall state the nature of the request, the location of the property (text or diagram), the date, time, and place of the scheduled hearing, and hearing body;
2. By mailing, ten (10) days prior to said hearing, postage prepaid, to the owners and tenants of property within a radius of 300 feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners as shown upon the current tax assessor’s records. Notice is deemed received 2 days after date of postmark. The list of property owners addresses shall be typed upon gummed labels, together with required postage. The list shall be prepared and certified by the applicant, or a title insurance company, civil engineer or surveyor licensed to practice in California. The notice shall state the nature of the request, location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body; or, in the event that the number of owners and tenants to whom notice would be sent is greater than 1,000, notice may be given at least ten (10) days prior to the hearing by placing a display Item Number: 9.
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advertisement of at least 1/8 page in the newspaper of general having the greatest circulation within the area affected by the proposed action. The notice shall state the nature of the request, the location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body; and
3. By mailing, ten (10) days prior to said hearing, postage prepaid, to the owner of the subject real property or the owner’s authorized agent, and to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the proposed project. The notice shall state the nature of the request, the location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body. Notice is deemed received 2 days after date of postmark. (Prior code § 159.52.020)
17.104.030 Director investigation.
The Director shall make an investigation of facts bearing on the case to provide the information necessary for action consistent with the intent of this Zoning Ordinance and the General Plan. The Director shall report the findings to the Planning Commission or City Council, as appropriate. (Prior code § 159.52.030)
17.104.040 Hearing procedure.
Hearings as provided for in this chapter shall be held at the date, time, and place for which notice has been given as required in this chapter, or as otherwise agreed upon. The summary minutes shall be prepared, or audio tape made and filed in the Planning Department. Any hearing may be continued provided that prior to the adjournment or recess of the hearing, a clear announcement is made specifying the date, time, and place to which said hearing will be continued. (Prior code § 159.52.040)
17.104.050 Notice of decision—Director.
The Director shall announce and record his/her respective decisions in writing. The decision shall set forth applicable findings, either for approval or denial, and any conditions of approval. Following the decision, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application. (Prior code § 159.52.050)
17.104.060 Notice of decision—Planning Commission.
A. A. The Planning Commission shall announce and record its decision at the conclusion of the public hearing. The decision shall set forth the findings of approval or denial of the Planning Commission together with all required conditions of approval deemed necessary to mitigate any impacts and protect the health, safety and welfare of the community.
B. B. Following the hearing, a notice of the decision of the Planning Commission, and any conditions of approval shall be mailed to the applicant at the address shown upon the application.
C. C. The recommendation with findings of the Planning Commission for the following applications shall be transmitted to the City Council for final action:
1. Specific plans;
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2. General Plan amendments, text or map;
3. Planned development district;
4. Zoning Ordinance amendments; and
5. Development agreements; and
56. Surface mining and land reclamation plans. (Prior code § 159.52.060)
17.104.070 Notice of decision—City Council.
A. A. The City Council shall announce and record its decision at the conclusion of the public hearing.
The decision shall set forth the findings of the City Council and conditions of approval deemed necessary to mitigate any impacts and protect the health, safety and welfare of the City.
B. B. Following the hearing, a notice of the decision of the Citty Council and any conditions of approval shall be mailed by the City Clerk to the applicant at the address shown upon the application.
C. C. The decision of the City Council shall be final. (Prior code § 159.52.070)
17.104.080 Effective date.
Development Permits approved by the Director shall become effective upon approval, unless appealed to the City Council. Development Permits approved by the Director involving solely matters of landscaping, architecture and design shall become effective upon approval by the Director, unless appealed to the Planning Commission. Minor exceptions, variances, all other Development Permits, and Conditional Use Permits, shall become effective 15 days following the final date of action (i.e., approval by the appropriate review authority). Specific plans, General Plan amendments, Zoning Ordinance amendments, development agreements, and surface mining and land reclamation plans shall become effective 30 days following the final date of action (i.e., adoption) by the City Council. The letter of approval shall constitute the permit, and the resolution or ordinance shall constitute the amendment. (Ord. 741 10-5-21; Prior code § 159.52.080)
17.104.090 Appeal of action.
Any determination or action taken by the Director for matters solely involving landscaping, architecture and design must first be appealed to the Planning Commission. The Planning Commission decision may further be appealed to the City Council. Any determination or action taken by the Director for any and all other matters may only be appealed to the City Council. Any action taken by the Planning Commission to approve or disapprove an application may be appealed to the City Council. (Ord. 741 10-5-21; Prior code § 159.52.090)
17.104.100 Filing of appeals.
Appeals shall be submitted to the Planning Department on a City application form, fees paid, and shall specifically state the basis of the appeal. An appeal of a Director action shall be filed with the Planning Department within fifeteen (15) days following the final date of action for which an appeal is made. Appeal of a Commission decision shall be filed with the Planning Department within fifteen (15) days following the Item Number: 9.
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final date of action for which an appeal is made. Appeal of a City Engineer action shall be filed with the Planning Department within fifteen (15) days following the final date of action for which an appeal is made.
All appeals relating to subdivision matters shall be made within fifteen (15) days following the date of the decision or action for which an appeal is made. Appeals shall be accompanied by a filing fee as specified in Chapter 17.68 (Applications and Fees). (Prior code § 159.52.100)
17.104.110 Notice of appeal hearings.
The notice of an appeal hearing shall conform to the manner in which the original notice was given. The appellant shall be responsible for all, if any, noticing materials required in the original application, including postage. (Prior code § 159.52.110)
17.104.120 Effective date of appealed actions.
An action of the Director solely for matters involving landscaping, architecture and design appealed to the Planning Commission shall not become final until acted upon by the Planning Commission. If the Planning Commission action is further appealed to the City Council, the action shall not become final until acted upon by the City Council. An action of the Director appealed to the City Council Commission shall not become final until acted upon by the City Council. (Ord. 741 10-5-21; Prior code § 159.52.120)
17.104.130 Reapplication.
When an application for a permit or amendment is denied, no application for the same or substantially same permit or amendment shall be filed in whole, or in part, for the ensuing twelve (12) months, except as otherwise specified at the time of denial. The Director shall determine whether the new application is for a permit or amendment which is the same or substantially the same as a previously denied permit or amendment. No decision of the Director shall be effective until a period of fifteen (15) days has elapsed following the written notice of decision. (Prior code § 159.52.130)
17.104.140 Reconsideration.
In the event that more complete or additional facts or information, which may affect the original action taken on an application by a review authority, are presented, the review authority may reconsider such action taken, if a request for reconsideration is filed with the Planning Department within fifteen (15) days following the final date of action. If a public hearing was required in the original review process, another public notice as specified in Section 17.104.020 shall be made prior to the reconsideration of the review authority, and all costs associated with the reconsideration shall be paid by the applicant. (Prior code § 159.52.140)
Item Number: 9.
Chapter 17.124
NONCONFORMING STRUCTURES AND USES
Sections:
17.124.010 Purpose.
17.124.020 Nonconforming structures.
17.124.030 Nonconforming uses.
17.124.040 Nonconforming lots.
17.124.0540 Abatement of nonconforming uses.
17.124.0650 Structure permits or certificate of occupancy prohibited.
17.124.0760 Removal of illegal nonconforming structures and uses.
17.124.010 Purpose.
A. Provisions of this chapter provide for the orderly termination of nonconforming structures and uses to promote the public health, safety, and general welfare, and to bring these structures and uses into conformity with the goals and policies of the General Plan. It is the intent of this chapter to prevent the expansion of nonconforming structures and uses to the maximum extent feasible, to establish the criteria under which they may be continued or possibly expanded, and to provide for the correction or removal of these land use nonconformities in an equitable, reasonable, and timely manner.
B. Nonconforming structures and uses within the City are generally detrimental to both orderly and complementary development, and the general welfare of citizens and property. Furthermore, it is the intent of this chapter that nonconforming structures and uses shall be eliminated as rapidly as possible without infringing upon the constitutional rights of property owners and conforming to state law. (Prior code § 159.62.010)
17.124.020 Nonconforming structures.
Structures which lawfully existed prior to the effective date of this Zoning Ordinance are legal nonconforming structures and may continue even though they fail to conform to the present requirements of the land use district in which they are located. Legal nonconforming structures may be maintained as follows:
A. In order to comportcomply with state housing law and aid in alleviation of the housing crisis, residential units shall not be deemed legal non-conforming. Therefore, such uses can be expanded so long as all applicable permits and laws are met, and additions meet all current development requirements.
A.B. Legal nonconforming structures which are damaged to an extent of 1/2 or more of Item Number: 9.
replacement cost immediately prior to such damage may be restored only if made to conform to all provisions of this Zoning Ordinance. However, any residential structure(s), including multifamily, in a residential land use district destroyed by a catastrophe, including fire and earthquake, may be reconstructed up to the original size, placement, and density. However, reconstruction shall commence within two (2) years after the catastrophe.
B.C. Necessary repairs and desired alterations may be made to legal nonconforming residential structures, including multifamily, located in a residential land use district.
C.D. Reasonable repairs and alterations may be made to legal nonconforming commercial, institutional, or industrial structures, provided that no structural alterations shall be made which would prolong the life of the supporting members of a structure, such as bearing walls, columns, beams, or girders. Structural elements may be modified or repaired only if the Chief Building Official determines that such modification or repair is immediately necessary to protect the health and safety of the public or occupants of the nonconforming structure, or adjacent property and the cost does not exceed 1/2 of the replacement cost limitations, provided that such retrofitting is strictly limited to compliance with earthquake safety standards.
D.E. Changes to interior partitions or other nonstructural improvements and repairs may be made to a legal nonconforming commercial, institutional, or industrial structure, provided that the cost of the desired improvement or repair shall not exceed 1/2 of the replacement cost of the nonconforming structure over any consecutive f i v e ( 5) -year period.
E.F. The replacement cost shall be determined by the Director.
F.G. Any additional development of a parcel with a legal nonconforming structure will require that all new structures be in conformance with this Zoning Ordinance.
G.H. In the event that the use of a nonconforming structure is discontinued b y e v i d e n c e o f v a c a n c y for a period of six (6) or more consecutive calendar months, the structure shall lose its legal nonconforming status, and shall be removed or altered to conform to the provisions of this Zoning Ordinance. A use of a legal nonconforming structure shall be considered discontinued when any of the following apply:
1. The intent of the owner to discontinue use of the nonconforming structure is apparent, as determined by the Director.
2. In the event that characteristic furnishings and equipment associated with the use have been removed and not replaced with equivalent furnishings and equipment during this time, and where normal occupancy and/or use has been discontinued for a period of six (6) or more consecutive calendar months.
Item Number: 9.
3. Where there are no business receipts available for the six (6) -month period.
H.I.The Director shall permit a nonconforming structure to be reoccupied without complying with the building dimensional requirements (pertaining to height, setbacks and/or lot coverage) or the landscaping requirements in Chapter 17.56 where the use of the nonconforming structure has been discontinued for six (6) months or more and if the Director determines that a portion of the structure or the required on-site parking must be removed in order for the structure to conform to the provisions of this Zoning Ordinance. All other requirements in the municipal code, including but not limited to this chapter, shall apply to the reoccupancy of the structure. (Prior code § 159.62.020)
17.124.030 Nonconforming uses.
Nonconforming uses are those which lawfully existed prior to the effective date of this Zoning Ordinance, but which are no longer permitted in the land use district in which they are located. The continuance of legal nonconforming uses are subject to the following:
A. Change of ownership, tenancy, or management of a nonconforming use shall not affect its legal nonconforming status, provided that the use and intensity of use does not change.
B. If a nonconforming use is discontinued for a period of six (6) or more consecutive calendar months, it shall lose its legal nonconforming status, and the continued use of the property shall be required to conform with the provisions of this Zoning Ordinance.
C. Additional development of any property on which a legal nonconforming use exists shall require that all new uses conform to the provisions of this Zoning Ordinance.
D. If a nonconforming use is converted to a conforming use, no nonconforming use may be resumed.
E. No nonconforming use may be established or replaced by another nonconforming use, nor may any nonconforming use be expanded or changed, except as provided in subsection F of this section.
F. A nonconforming use of a portion of a nonconforming commercial or industrial center or complex may be established or replaced by another similar nonconforming use subject to the granting of a Development Permit after a noticed public hearing as specified in Section 17.104.020, and if all the following findings are made:
1. That the nonconforming use is similar to the uses originally allowed in the center or complex;
2. That the nonconforming use will not adversely affect or be materially detrimental to adjoining properties; and
3. That the use of the entire center or complex has not been vacant or discontinued for a period of Item Number: 9.
six (6) or more calendar months.
G. An existing legal nonconforming use or legal nonconforming building may be minimally expanded or changed subject to the granting of a Development Permit after a noticed public hearing as specified in Section 17.104.020, and if all of the following findings are made:
1. That such expansion or change is minimal;
2. That such expansion or change will not adversely affect or be materially detrimental to adjoining properties;
3. That there is a need for relief of over-crowded conditions, or for modernization in order to properly operate the use, or to meet a requirement of the Building Code; and
4. That the use is existing and has not been discontinued for a period of six (6) or more calendar months. (Prior code § 159.62.030)
17.124.040 Nonconforming lots.
A nonconforming lot may be developed and used in accordance with this chapter provided all regulations of the district within which the lot exists can be met.
4. 17.124.0540 Abatement of nonconforming uses.
Legal nonconforming uses shall be discontinued within the following specified time limits, from the effective date of this Zoning Ordinance:
A. A nonconforming use which does not occupy a structure: f i v e ( 5) years.
A.
B. The nonconforming use of a conforming structure within any residential land use district: fifteen (15) years.
B.
C. The nonconforming use of a conforming structure within any commercial/industrial land use district: ten (10) years. (Prior code § 159.62.040)
The above notwithstanding, the Director, after application by the use operator or structure owner, shall allow the legal nonconformity to continue, for the same period as the initial periods in subsections a-c above, so long as the Director finds that the legal non-conformity is otherwise in compliance with all applicable federal, state and local laws, including but not limited to, the payment of all taxes are paid timely, and no code compliance issues exist, and the structure or use is otherwise in good repair and order.
17.124.0650 Structure permits or certificate of occupancy prohibited.
When any nonconforming structure or use is no longer permitted pursuant to the provisions of this Item Number: 9.
chapter, no permit for a structure shall thereafter be issued for further continuance, alteration, or expansion. Any permit issued in error shall not be construed as allowing the continuation of the nonconforming structure or use. (Prior code § 159.62.050)
17.124.0760 Removal of illegal nonconforming structures and uses.
Nothing contained in this chapter shall be construed or implied so as to allow for the continuation of illegal nonconforming structures and uses. Said structures and uses shall be removed immediately subject to the provisions of Chapter 17.96 (Enforcement of Provisions) and State law. (Prior code §159.62.060)
Item Number: 9.
Quality Code Data 2/3/2022, Page 1
Chapter 17.136
TEMPORARY USE PERMITS
Sections:
17.136.010 Purpose.
17.136.020 Permitted uses.
17.136.030 Application.
17.136.040 Findings.
17.136.050 Conditions of approval.
17.136.060 Condition of site following temporary use.
17.136.070 Revocation.
17.136.010 Purpose.
The Temporary Use Permit allows for short-term activities which may be appropriate when regulated. (Prior code § 159.70.010)
17.136.020 Permitted uses.
The following temporary uses may be permitted, subject to the issuance of a Temporary Use Permit:
A. Real estate offices within approved development projects; Outdoor display and sales of merchandise within commercial land use districts, limited to 2 events per calendar year, not exceeding 4 consecutive days each, including only merchandise customarily sold on the premises by a permanently established business;
B. On- and off-site contractors’ construction yards in conjunction with an approved development project; C. Trailer, coach, container, construction ortrailer, or mobile home as a temporary residence use forof the property owner or contractor when a valid residential building permit is in force. The permit may be granted for up to 180 days, or upon expiration of the building permit, whichever first occurs; D. Container or storage pod for the temporary storage of household goods when improvements are being made to the property.
E. Christmas tree sale lots; however, a permit shall not be required when such sales are in conjunction with an established commercial business holding a valid business license, provided such activity shall be only held from November 1st through December 31st, subject to all applicable provisions of the municipal code;
F. Circuses, rodeos and carnivals, subject to compliance with Chapter 17.156; Item Number: 9.
Quality Code Data 2/3/2022, Page 2
G. Fairs, festivals and concerts, when not held within premises designed to accommodate such events, such as auditoriums, stadiums, or other public assembly facilities; A.H. Emergency public health and safety needs;
B.I.Similar temporary uses which, in the opinion of the Director are compatible with the land use district and surrounding land uses, pursuant to Section 17.04.070(C) (Similar Uses Permitted); C.J.City-sponsored uses and activities, not occupying a structure and occurring at regular periodic intervals (weekly, monthly, yearly, etc.); and
K. Temporary Mmobile food vending at private and public properties pursuant to Chapter 5.52. (Ord. 690 9-3-19; prior code § 159.70.020)
17.136.030 Application.
A Temporary Use Permit may be approved, modified, conditioned, or denied by the Director. The Director may refer such application to the Planning Commission. Decisions of the Director may be appealed to the Planning Commission, pursuant to Chapter 17.104 (Hearings and Appeals). (Prior code § 159.70.030)
17.136.040 Findings.
The Director may approve, or conditionally approve a Temporary Use Permit application, only when all the findings contained in Section 17.76.050 (Conditional Use Permits—Findings) are made. (Prior code § 159.70.040)
17.136.050 Conditions of approval.
In approving an application for a Temporary Use Permit, the Director may impose conditions deemed necessary to ensure that the permit will be in accordance with the findings required by Section 17.76.050.
These conditions may involve any pertinent factors affecting the operation of such temporary event, or use, and may include but are not limited to:
A. Provision for a fixed period not to exceed 90 days unless otherwise specified in this Chapter for a temporary use not occupying a structure, including promotional activities, or 1 year for all other uses or structures, or for a shorter period of time as determined by the Director. Periodic City-sponsored uses or activities outlined in Section 17.136.020(J) are not subject to the fixed time limitations of this condition as determined by the Director;
B. Provision for temporary parking facilities, including vehicular ingress and egress; Item Number: 9.
Quality Code Data 2/3/2022, Page 3
C. Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination on adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases, and heat; D. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards; E. Provision for sanitary and medical facilities;
F. Provision for solid, hazardous and toxic waste collection and disposal; G. Provision for security and safety measures;
H. Regulation of signs;
I. Regulation of operating hours and days, including limitation of the duration of the temporary use, as outlined in subsection A of this section;
J. Submission of a performance bond or other surety devices, satisfactory to the City Engineer, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition; K. Submission of a site plan indicating any information required by this chapter; L. Requirements for access per the Americans with Disabilities Act M. A requirement that the approval of the requested Temporary Use Permit is contingent upon compliance with applicable provisions of the municipal code; and N. M. Any other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accordance with the intent and purpose of this chapter. (Prior code § 159.70.050)
17.136.060 Condition of site following temporary use.
Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used, pursuant to the provisions of this Zoning Ordinance. (Prior code § 159.70.060) Item Number: 9.
Quality Code Data 2/3/2022, Page 4
17.136.070 Revocation.
A Temporary Use Permit may be revoked or modified by the Director if any 1 of the following findings can be made:
A. That cCircumstances have changed so that one (1) or more of the findings of fact contained in Section
17.76.050 can no longer be made;
B. That the Temporary Use Permit was obtained by misrepresentation or fraud; C. That oOne (1) or more of the conditions of the Temporary Use Permit have not been met; and D. That the use is in violation of any statute, ordinance, law, or regulation. (Prior code § 159.70.070) Item Number: 9.
SR-23-155
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To:
Date: June 20, 2023
Department: Administrative Services
Prepared by: Geoffrey Buchheim, Administrative Services Director Subject: Audited Financial Statements for Fiscal Year 2021-2022 RECOMMENDATION:
Receive and file.
DISCUSSION:
The City is required to complete an independent annual audit every year. The Fiscal Year 2021-2022 audit has been completed by the audit firm of The Pun Group, LLP. The audited financial reports include the Audited Financial Statements for the Fiscal Year 2021-2022 for the City of Desert Hot Springs, the Compliance as the Housing Successor for the Desert Hot Springs Housing Authority for the Fiscal Year 2021-2022, and Report on Applying Agreed-Upon Procedures to Utility User Tax for Fiscal Year Ended June 30, 2022.
FISCAL IMPACT:
There is no fiscal impact due to this action.
ATTACHMENTS:
1) 2022 Desert Hot Springs FINAL Report
2) 2022 Housing Authority FINAL Report
3) 2022 UUT FINAL Report
Item Number: 10.
City of Desert Hot Springs
Desert Hot Springs, California
Independent Auditors’ Reports and
Basic Financial Statements
For the Year Ended June 30, 2022
Item Number: 10.
Item Number: 10.
City of Desert Hot Springs
Basic Financial Statements
For the Year Ended June 30, 2022
Table of Contents
Page
Independent Auditors’ Reports on the Audit of the Financial Statements ........................................................ 1 Management’s Discussion and Analysis (Required Supplementary Information) (Unaudited) ...................... 5 Basic Financial Statements:
Government-Wide Financial Statements:
Statement of Net Position ........................................................................................................................... 19 Statement of Activities ............................................................................................................................... 20 Fund Financial Statements:
Governmental Fund Financial Statements:
Balance Sheet ....................................................................................................................................... 24 Reconciliation of the Governmental Funds Balance Sheet
to the Government-Wide Statement of Net Position ..................................................................... 27 Statement of Revenues, Expenditures, and Changes in Fund Balances ............................................... 28 Reconciliation of the Governmental Funds Statement of Revenues, Expenditures, and Changes in Fund Balances to the Government-Wide Statement of Activities .................................................................................................................. 30 Proprietary Fund Financial Statements:
Statement of Net Position ..................................................................................................................... 33 Statement of Revenues, Expenses, and Changes in Net Position......................................................... 34 Statement of Cash Flows ...................................................................................................................... 35 Fiduciary Fund Financial Statements:
Statement of Fiduciary Net Position .................................................................................................... 39 Statement of Changes in Fiduciary Net Position .................................................................................. 40 Notes to the Basic Financial Statements ........................................................................................................... 45 Required Supplementary Information (Unaudited):
Budgetary Comparison Schedules:
General Fund .............................................................................................................................................. 83 Public Safety Special Revenue Fund .......................................................................................................... 84 American Recovery Act Special Revenue Fund ......................................................................................... 85 Notes to the Budgetary Comparison Schedules ................................................................................................ 87 Schedule of the City’s Proportionate Share of the Net Pension Liabilities and Related Ratios ............................................................................................................................................. 88 Schedule of the City’s Contributions – Pensions .............................................................................................. 90 Item Number: 10.
City of Desert Hot Springs
Basic Financial Statements
For the Year Ended June 30, 2022
Table of Contents (Continued)
Page
Supplementary Information:
Schedules of Revenues, Expenditures, and Changes in Fund Balance – Budget and Actual:
City Debt Service Fund ........................................................................................................................................... 95 Nonmajor Governmental Funds:
Combining Balance Sheet ....................................................................................................................................... 98 Combining Statement of Revenues, Expenditures, and Changes in Fund Balances ................................ 104 Schedules of Revenues, Expenditures, and Changes in Fund Balance – Budget and Actual Nonmajor Special Revenue Funds:
Special Gas Tax Special Revenue Fund ...................................................................................... 110 SBI Road Maintenance and Rehabilitation Special Revenue Fund ............................................. 111 Municipal Lighting / Landscaping Assessment District Special Revenue Fund ......................... 112 Measure A Special Revenue Fund ............................................................................................... 113 Air Quality Control Special Revenue Fund ................................................................................. 114 Art in Public Places Special Revenue Fund ................................................................................. 115 Quimby Act Special Revenue Fund............................................................................................. 116 Drainage Assessment District Special Revenue Fund ................................................................. 117 County Service Area 152 (CSA-152) Special Revenue Fund ..................................................... 118 Cabot's Museum Special Revenue Fund ...................................................................................... 119 Supplemental Law Enforcement Service (SLESF) Special Revenue Fund ................................. 120 Abandoned Vehicle Abatement Special Revenue Fund .............................................................. 121 Community Development Block Grant Special Revenue Fund .................................................. 122 Capital Improvement Deposits Special Revenue Fund ............................................................... 123 Housing Authority Special Revenue Fund .................................................................................. 124 Capital Improvement Capital Projects Fund ................................................................................ 125 Assessment District 91-1 Capital Projects Fund .......................................................................... 126 Internal Service Funds:
Combining Statement of Net Position ...................................................................................................... 129 Combining Statement of Revenues, Expenses, and Changes in Net Position .......................................... 130 Combining Statement of Cash Flows ....................................................................................................... 131 Custodial Funds:
Combining Statement of Fiduciary Net Position ...................................................................................... 135 Combining Statement of Changes in Fiduciary Net Position ................................................................... 136 Other Report:
Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statement Performed in Accordance with Government Auditing Standards ................................................................................................ 137 Item Number: 10.
200 E. Sandpointe Avenue, Suite 600
Santa Ana, California 92707
INDEPENDENT AUDITORS’ REPORT
To the Honorable Mayor and Members of the City Council
of the City of Desert Hot Springs
Desert Hot Springs, California
Report on the Audit of the Financial Statements
Opinions
We have audited the accompanying financial statements of the governmental activities, each major fund, and the aggregate remaining fund information of the City of Desert Hot Springs, California (the “City”), as of and for the year ended June 30, 2022, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements as listed in the table of contents.
In our opinion, the accompanying financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, each major fund, and the aggregate remaining fund information of the City, as of June 30, 2022, and the respective changes in financial position, and where applicable, cash flows thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America.
Basis for Opinions
We conducted our audit in accordance with auditing standards generally accepted in the United States of America (“GAAS”), and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States (“Government Auditing Standards”). Our responsibilities under those standards are further described in the Auditors’ Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant requirements relating to out audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions.
Responsibility of Management for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.
In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the City’s ability to continue as a going concern for twelve months beyond the financial statement date, including any currently known information that may raise substantial doubt shortly thereafter.
Item Number: 10.
To the Honorable Mayor and Members of the City Council
of the City of Desert Hot Springs
Desert Hot Springs, California
2 Auditors’ Responsibility for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditors’ report that includes our opinions.
Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements.
In performing an audit in accordance with GAAS and Government Auditing Standards, we:
exercise professional judgment and maintain professional skepticism throughout the audit. identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, no such opinion is expressed. evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements. conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about the City’s ability to continue as a going concern for a reasonable period of time.
We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control-related matters that we identified during the audit.
Required Supplementary Information
Accounting principles generally accepted in the United States of America require that the Management’s Discussion and Analysis, the Budgetary Comparison Schedules, the Schedule of the City’s Proportionate Share of the Net Pension Liabilities and Related Ratios, and the Schedule of the City’s Contributions – Pensions on pages 5 through 14 and pages 85 through 93 be presented to supplement the basic financial statements. Such information is the responsibility of management and, although not a part of the basic financial statements, is required by Government Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the Required Supplementary Information in accordance with GAAS, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance.
Item Number: 10.
To the Honorable Mayor and Members of the City Council
of the City of Desert Hot Springs
Desert Hot Springs, California
3 Supplementary Information
Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City’s basic financial statements. The Combining and Individual Fund Financial Statements are presented for purposes of additional analysis and are not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with GAAS. In our opinion, the Combining and Individual Fund Financial Statements are fairly stated, in all material respects, in relation to the basic financial statements as a whole.
Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated June 8, 2023 on our consideration of the City’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City’s internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City’s internal control over financial reporting and compliance.
Santa Ana, California
June 8, 2023
Item Number: 10.
4 This page intentionally left blank.
Item Number: 10.
5 Management’s Discussion and Analysis
(Unaudited)
The City of Desert Hot Springs is offering a narrative, overview and analysis of the financial activities for the fiscal year end June 30, 2022.
Overview of the Financial Statements
The City Executive Team of the City of Desert Hot Springs (City) offers readers of the City’s financial statements this narrative overview and analysis of the City’s financial activities for the fiscal year ended June 30, 2022. It has been designed in accordance with standards established by the Governmental Accounting Standards Board. Please read this overview in conjunction with the accompanying financial statements.
1. The Government-wide Financial Statements provide information about the overall financial condition of the City. The Statement of Net Position and the Statement of Activities and Changes in Net Position statements include all assets, deferred outflow and liabilities, deferred inflows of the City using the accrual basis of accounting, which is like the accounting used by most private sector companies.
2. The Fund Financial Statements provide additional information about the City’s major funds, how services were financed in the short term and fund balances available for financing future projects.
3. The Notes to the Financial Statements provide additional detail that is essential to a full understanding of the information provided in the government-wide and fund financial statements.
In addition to the basic financial statements and accompanying notes, this report also presents certain required and other supplementary information, including budgetary comparison information on the City’s General fund, which is intended to furnish additional detail to support the basic financial statements themselves.
Fiscal Year 2021-2022 Highlights
The City’s total net position was $60,954,991 as of June 30, 2022; Consolidated General Fund (including Public Safety Fund) Revenue totaled $27,854,983; Consolidated General Fund (including Public Safety Fund) Expenses totaled $27,718,485; The fund balance in the Consolidated General Fund (including Public Safety Fund) increased by $580,176 for a total of $13,699,722;
The City has an Emergency Reserve in place for economic contingency that is set at 17% of the Consolidated General Fund annual appropriations which is funded by cannabis tax revenues and 21% reserve in place for the General Fund of which 15% is for natural or fiscal emergencies and 5% is for future operations and capital use;
The City’s Tax revenue received in 2021-2022 (not including cannabis related taxes) was up 21% over the prior fiscal year due to significant increases in Transient Occupancy Tax and Sales Tax; Marijuana related taxes increased by $84,600 from FY 2020-2021 to FY 2021-2022 which is an increase of 2% over the prior year;
The City is estimating that the construction of its new dispatch center will be completed in September 2022 and anticipates it to be operational by January 2023;
The City’s Finance Department implement a new financial operating system from OpenGov; The City implemented a Cannabis Facility Database in OpenGov; The Code Compliance Department launched an online application process for Cannabis Entertainment and Cannabis Hotel Regulatory permits;
The City’s Recreation Center has implemented several new programs, including; o A summer youth basketball program;
o Silver Sneakers for the Fitness Center
o Classes for karate, hula, yoga, Zumba, and VXN
o Launched the Agents of Discovery app which is an educational platform which offers users to play reality mobile games at the local parks and hiking trails. The City issued $15 million in lease revenue bonds for the construction of a new fire station, police building annex, and improvements to the Police Department building, Fire Station 37, and the Carl May Center.
Item Number: 10.
6 Government-wide Financial Statements and Financial Analysis The Government-wide Financial Statements provide a broad overview of the City's activities and are comprised of the Statement of Net Position and the Statement of Activities.
The Statement of Net Position presents information about the financial position of the City on the accrual basis, like that used in the private sector. It shows the City’s assets, deferred outflow of resources, liabilities and deferred inflows of resources with the difference reported as net position. Over time, increases or decreases in the City’s net position are among indicators used to assess whether the financial condition of the City is improving or deteriorating. It is also important to consider other non-financial factors, such as changes in the City’s property tax values and sales tax outlets and the condition of the City’s infrastructure (i.e. parks and streets) to accurately assess the overall health of the City.
The Statement of Activities presents information about the City’s revenues and all its expenses, also on the accrual basis, and explains in detail the change in net position for the year. All changes in net position are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows.
Both government-wide financial statements distinguish functions of the City that are principally supported by taxes and intergovernmental revenues (governmental activities) from other functions that are intended to recover all or a significant portion of their costs through user fees and charges (business-type activities). The governmental activities of the City include General Government, Public Safety, Public Works, Economic Development and Culture and Leisure.
The government-wide financial statements can be found on pages 17-20 of this report.
Fund Financial Statements
A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The City, like other State and local governments, uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements. All the funds of the City can be divided into three categories: governmental funds, proprietary funds and fiduciary funds.
Governmental Funds
Governmental funds are used to account for essentially the same functions reported as governmental activities in the government-wide financial statements. However, unlike the government-wide financial statements, governmental fund financial statements focus on near-term inflows and outflows of spendable resources, as well as on balances of spendable resources available at the end of the fiscal year. Such information may be useful in evaluating a government's near-term financing requirements.
Because the focus of governmental funds is narrower than that of the government-wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government-wide financial statements. By doing so, readers may better understand the long-term impact of the government's near-term financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures, and changes in fund balances provide a reconciliation to facilitate this comparison between governmental funds and governmental activities.
The City maintains four (4) major individual governmental funds; the General Fund (which is consolidated with the Health and Wellness Facility and the Marijuana Reserve Fund), Public Safety Fund, Housing Authority Fund, and the Debt Service Fund. Information is presented separately in the governmental fund balance sheet and in the governmental fund statement of revenues, expenditures, and changes in fund balances for the general fund. Data from the other 18 non-major governmental funds are combined into a single, aggregate presentation. Individual fund data for each of these non-major governmental funds is provided in the form of combining statements elsewhere in the report.
Item Number: 10.
7 For fiscal years 2018-2019 and 2019-2020, the City adopted a two-year budget for its General Fund and other funds.
Due to the uncertainty surrounding COVID-19, the City adopted a one-year budget for fiscal year 2020-2021. Starting with fiscal year 2021-2022, the City has reinstated the two year budget for the 2021-2022 and 2022-2023 fiscal years.
The following funds are included to make up the non-major governmental funds:
Special Revenue Funds: Special Gas Tax Fund, SB1 Road Maintenance and Rehab, Municipal Lighting and Landscaping Assessment Districts Funds (20), Measure A Fund, Air Quality Control Fund, Art in Public Places Fund, Quimby Act Fund, Drainage Assessment Districts Funds (17), County Service Area 152 (CSA-152) Fund, Cabot’s Museum Fund, Supplement Law Enforcement Services Account Fund (SLESA), Abandoned Vehicle Abatement Fund, Community Development Block Grant Fund (CDBG), and the Capital Improvements Deposits Fund (8).
Capital Projects Funds: Capital Improvements Projects Fund, Assessment District 91-1 Fund, Assessment District 92-1 Fund and Assessment District 93-2 Fund.
The basic governmental fund financial statements can be found on pages 21-30 of this report.
Proprietary Funds
Proprietary funds can be broken down into two different types. Enterprise funds are used to report the same functions presented as business-type activities in the government-wide financial statements. The City uses enterprise funds to account for the Health & Wellness Center Foundation acquisition of real property and completion of the buildings and improvements at the Health and Wellness facility center. Internal service funds are an accounting device used to accumulate and allocate costs internally among the City’s various functions. The City uses internal service funds to account for the City’s risk management and equipment replacement activities associated with City vehicles. Because the vehicle services primarily benefit governmental rather than business-type functions, they have been included within governmental activities in the government-wide financial statements.
Internal service funds are used to allocate costs among the City’s various functions. The City has (3) internal service funds: equipment replacement, workers compensation insurance and general liability insurance.
The basic proprietary fund financial statements can be found on pages 31-35 of this report and the internal service funds can be found on pages 129-134 of this report.
Fiduciary Funds
Fiduciary funds are used to account for resources held for the benefit of parties outside the government. Fiduciary funds are not reflected in the government-wide financial statements because the resources of these funds are not available to support the City's own programs. The accounting used for fiduciary funds is much like that used for proprietary funds. Currently the City has two separate Fiduciary Funds reporting financial inflows and outflows for the Successor Agency, which is a private purpose trust fund, and one Agency Fund. The Agency Fund includes various funding (Community Services Agency Funds and the Community Facilities District Skyborne Agency Funds) which is controlled primarily through legal agreements and applicable State and Federal laws.
The basic fiduciary fund financial statements can be found on pages 37-40 of this report.
Notes to the Financial Statements
The notes provide additional information that is essential to a full understanding of the data provided in the government-wide and fund financial statements. The notes to the basic financial statements can be found on pages 41-81 of this report.
Item Number: 10.
8 Other Information
In addition to the basic financial statements and accompanying notes, this report also presents certain required supplementary information concerning budgetary comparisons for the general fund. Required supplementary information can be found on pages 83-94 of this report.
The combining statements referred to earlier in connection with non-major governmental funds are presented immediately following the required supplementary information. Combining and individual fund statements and schedules can be found on pages 95-128 of this report.
Government-wide Financial Analysis
The City’s financial position and outlook continues to improve during the last fiscal year. Over the past year the City experienced a significant increase in tourists visiting the City which resulted in the Transient Occupancy Tax revenue reaching over the $3 million mark for the first time ever. However, dues to the drop in the wholesale price of cannabis, the retail cannabis tax decreased for fiscal year 2021-2022 and several new cannabis cultivation facilities in development were cancelled. City staff is performing a review of the City’s cannabis regulations and cannabis industry and will provide recommendations for changes to the City Council.
Other major revenue changes occurred during fiscal year 2021-2022 in the following areas; Property Taxes increased from $1,557,098 in FY 2020-2021 to $1,914,429 in FY 2021-2022 approximately a 23% increase in tax revenue over the prior year. The increase was due to higher assessed property values from the development of vacant land in the City for houses, cannabis facilities, and other economic development.
Transient Occupancy Taxes increased from $2,490,646 in FY 2020-2021 to $3,779,227 in FY 2021- 2022 approximately a 52% increase from the prior year. This increase is due increased tourism to the City from the pent up demand after the COVID-19 restrictions. Sales Tax increased from $2,305,456 in FY 2020-2021 to $2,545,278 in FY 2021-2022, approximately a 10% increase over the prior year. The increase is due partially to the increase in sales activity from the increase in tourism and increased gas prices. Franchise Fees increased from $2,037,301 in FY 2020-2021 to $2,184,708 in FY 2021-2022 approximately a 7% increase over the prior year.
Utility User Taxes increased from $3,678,724 in FY 2020-2021to $3,867,466 in FY 2020-2021 approximately a 5% increase from the prior year.
The County has adopted the Alternative Method of Distribution of the Tax Levies and Collections and of the Tax Sale Proceeds (the “Teeter Plan”), as approved for in Section 4701 and following of the California Revenue and Taxation Code. Under the Teeter Plan, each participating local agency levying property taxes in the County, including the City, received the amount of uncollected taxes credited to its fund, in the same manner as of the account due from the taxpayers have been collected.
Although the City’s finances have continued to improve, there are still several unfunded needs for the community and the organization. In recent years, the City has been able to replace some equipment, increase service levels with the use of technology, complete large capital improvement projects, and set funding aside for future capital improvement projects. However, more investment in equipment, maintenance and capital improvement is still an issue. With the improvement of finances, City staff has determined that the City is in the position of being able to issue bonds during FY2021-2022 to fund the construction of a new fire station, significant improvements to Fire Station #37, improvements to the Police Department building and construct an annex building for the Police Department to house the Investigative Services unit of the department. In January 2022, the City issued $15 million in Lease Revenue Bonds. The City recognizes that as more revenue becomes available the City will allocate funds towards maintenance, capital projects and services levels and continues to work on grant opportunities to fund these items.
Item Number: 10.
9 The City continues to monitor the unfunded liability for CALPERS and pays all current contributions and unfunded liability contributions timely.
Net Position
As noted earlier, net position may serve over time as a useful indicator of a government’s financial position. In the case of the City, assets and deferred outflows of resources exceeded liabilities and deferred inflows of resources by $60,954,991 as of June 30, 2022, in the Governmental activities and Business-type activities.
The largest portion of the City's net position, $41,699,430, is its investment in capital assets (e.g., land, street infrastructure, buildings, machinery and equipment) less any related debt used to acquire those assets that is still outstanding. The City uses these capital assets to provide services to citizens. Consequently, these assets are not available for future spending. Although the City's investment in its capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt will be provided from future revenues and the remaining net position, since the capital assets themselves cannot be used to liquidate these liabilities.
Table 1
City of Desert Hot Springs
Net Position
June 30, 2022
2022 2021 2022 2021 2022 2021
Current and other assets $ 37,966,548 $ 32,586,353 $ - $ - $ 37,966,548 $ 32,586,353 Capital assets 85,040,832 68,188,286 - - 85,040,832 68,188,286 Total assets $ 123,007,380 $ 100,774,639 $ - $ - $ 123,007,380 $ 100,774,639 Deferred outflow of resources $ 4,208,413 $ 4,118,241 $ - $ - $ 4,208,413 $ 4,118,241 Total deferred
outflow of resources $ 4,208,413 $ 4,118,241 $ - $ - $ 4,208,413 $ 4,118,241 Current liabilities $ 10,510,870 $ 6,087,010 $ - $ - $ 10,510,870 $ 6,087,010 Long-term liabilities 49,898,296 40,986,135 - - 49,898,296 40,986,135 Total liabilities $ 60,409,166 $ 47,073,145 $ - $ - $ 60,409,166 $ 47,073,145 Deferred inflow of resources $ 5,851,790 $ 491,152 $ - $ - $ 5,851,790 $ 491,152 Total deferred
inflow of resources $ 5,851,790 $ 491,152 $ - $ - $ 5,851,790 $ 491,152 Net position
Invested in capital assets $ 41,699,430 $ 52,003,583 $ - $ - $ 41,699,430 $ 52,003,583 Restricted 33,322,832 16,316,652 - - 33,322,832 16,316,652 Unrestricted (14,067,425) (10,991,652) - - (14,067,425) (10,991,652) Total net position $ 60,954,837 $ 57,328,583 $ - $ - $ 60,954,837 $ 57,328,583 Governmental activities Business-Type activities Total
An additional portion of the City’s net position, $33,322,986, represents resources that are subject to external restrictions on how they may be used. The unrestricted portion of the net position is negative $14,067,425.
Item Number: 10.
10 TABLE 2
City of Desert Hot Springs
Changes in Net Position
June 30, 2022
2022 2021 2022 2021 2022 2021
Revenues
Program revenues:
Charges for services $ 5,945,888 $ 4,594,449 $ - $ 52,000 $ 5,945,888 $ 4,646,449 Operating grants and contributions 8,023,631 8,154,403 - - 8,023,631 8,154,403 Capital grants and contributions 5,439,166 4,510,888 - 5,570,406 5,439,166 10,081,294 General revenues
Property taxes 1,898,981 1,532,922 - - 1,898,981 1,532,922 Sales taxes 5,262,718 4,828,708 - - 5,262,718 4,828,708 Transient occupancy taxes 3,779,227 2,490,646 - - 3,779,227 2,490,646 Other taxes 7,528,954 7,283,944 - - 7,528,954 7,283,944 Investment income (220,890) 56,140 - 3,715 (220,890) 59,855 Miscellaneous 728,395 377,918 - - 728,395 377,918
Gain on sale of property 15,285 - - - 15,285 -
Transfers - - - (12,247,992) - (12,247,992)
Total revenues $ 38,401,355 $ 33,830,018 $ - $ (6,621,871) $ 38,401,355 $ 27,208,147 Program expenses
General government $ 8,735,474 $ 9,371,053 $ - $ - $ 8,735,474 $ 9,371,053 Public safety 15,570,620 13,259,926 - - 15,570,620 13,259,926 Public works 4,214,584 3,709,489 - - 4,214,584 3,709,489 Economic development 2,683,300 1,988,944 - - 2,683,300 1,988,944 Culture and leisure 2,104,395 1,903,404 - - 2,104,395 1,903,404 Interest and fiscal charges 1,469,995 1,301,428 - - 1,469,995 1,301,428 Health and wellness foundation - - - 679,333 - 679,333
Total expenses $ 34,778,368 $ 31,534,244 $ - $ 679,333 $ 34,778,368 $ 32,213,577 Change in net position 3,622,987 2,295,774 - (7,301,204) 3,622,987 (5,005,430) Net position – beginning of year 57,331,850 55,036,076 - 7,301,204 57,331,850 62,337,280 Net position – end of year $ 60,954,837 $ 57,331,850 $ - $ - $ 60,954,837 $ 57,331,850 Governmental activities Business-Type activities Total
The City’s governmental activities total revenues were over $38 million, while the total cost of all programs and services were approximately $34.8 million. Operating grants and contributions were the largest revenue source at $8 million (21% of the total revenue of the governmental activities). Other taxes were the second largest resource at $7.5 million (20% of the total revenue of the governmental activities). The majority of these revenues consist of cannabis taxes. Charges for services were the third largest revenue source at approximately $6 million (15% of the total revenue of the governmental activities).
Governmental Activities
Public Safety expenses of $15,570,620 comprise the largest component of government activities (45% of the total cost of governmental activities).
General Government expenses of $8,735,474 (includes City Council, City Manager, City Attorney, City Clerk, Finance, Information Systems and Non-Departmental) were the second largest governmental activities (25% of the total cost of governmental activities).
Public Works expenses of $4,214,584 were the third largest governmental activities (12% of the total cost of governmental activities).
Economic Development expenses of $2,683,300 were the fourth largest governmental activities (8% of the total cost of governmental activities).
Item Number: 10.
11 Business-Type activities
With the unwinding the New Market Tax Credit financing and the dissolution of the Health & Wellness Foundation in FY2019-2020, the City does not have any Business-Type activities.
Financial Analysis of the City's Funds
As noted earlier, the City uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements.
Governmental Funds
The General Fund is the City’s chief operating fund. At the end of 2021-2022, the fund balance assigned to operations was $1,779,705 while total fund balance was $13,468,895.
The General Fund balance increased by $518,839 in 2021-2022. Key Factors were:
The City has implemented a number of effective budget practices such as a structural balanced budget, multiyear forecasting, use of one-time resources on one-time expenses, established a reserve, employee retention and recruitment, collecting appropriate fees for services and being more aggressive in obtaining grants. Marijuana revenues were budgeted very conservatively as they are relatively new, and the City is still building the historical data for future budget years.
When budgeting expenses the City uses inflators annually on all operating costs. Budget adjustments are done on an as-needed basis during the year. The City has continued to see increased development over the past several years. With an increase in the number of houses, businesses and commercial facilities, there has been an increase in utility usage. The increase in utility usage increased the City’s Franchise Fees revenues which are based on the revenue collected by the utility companies.
Public Safety Fund
The Public Safety Fund accounts for the community safety activities of the City including Police, Code Compliance, Dispatch, Fire and Animal Control. The major outside revenue sources for this fund are parcel taxes and utility user taxes. These taxes were enacted specifically for the support of public safety within the City. The single largest revenue source is an interfund transfer from the General Fund. The transfer from the General Fund is to support the operating expenses that exceed the revenues earned in taxes, fines, fees, and other revenue items. Since this fund has a majority of its support from the General Fund, fund balance is kept at a minimum. Expenditures increased for the 2021-2022 fiscal year by over $3,885,375. The increase was due to construction and start up costs for the new dispatch center.
The additional expenses were covered by an increase in a transfer from the General Fund and a transfer from the American Recovery Act Fund.
American Recovery Act Fund
This fund was established to account for the State and Local Agency Coronavirus Relief Funds provided to the City from the American Recovery Act. The City used over $1.78 million to assist with the starting of the new dispatch center and about $138,000 for a one-time premium pay for essential workers.
Debt Service Fund
This fund is to account for the debt service payments on the City’s Lease Revenue Bonds and Certificates of Participation. The debt service obligations are paid twice annually. The debt service obligations are funded by a utility user tax and transfers from other funds. For this fiscal year, $1,210,000 was paid for the required principal payment and $1,302,933 was paid out in interest expense. This fund also includes the proceeds and related expenses for the Series 2021 Bonds that were issued in January 2022 for $15,000,000 for the construction of a new fire station, police annex building, and improvements to the existing fire station and police department building. The fund balance at June 30, 2021 was $19,640,521.
Item Number: 10.
12 Capital Assets
At the end of FY 2021-2022, the City had invested over $67 million in a broad range of capital assets, net of depreciation. The investment in capital assets includes land, right of way, buildings and improvements, machinery and equipment, streets and bridges and construction in progress.
Table 3
City of Desert Hot Springs
Capital Assets
As of June 30, 2022
2022 2021 2022 2021 2022 2021
Land $ 2,958,094 $ 2,767,307 $ - $ - $ 2,958,094 $ 2,767,307 Construction in progress 7,695,430 4,290,691 - - 7,695,430 4,290,691 Building and improvements,
net of depreciation 30,695,492 31,736,147 - - 30,695,492 31,736,147 Machinery and equipment,
net of depreciation 4,906,299 5,004,804 - - 4,906,299 5,004,804 Vehicles, net of depreciation 1,260,664 902,634 - - 1,260,664 902,634 Infrastructure, net of depreciation 20,245,850 22,096,320 - - 20,245,850 22,096,320 Total $ 67,761,829 $ 66,797,903 $ - $ - $ 67,761,829 $ 66,797,903 Governmental activities Business-Type activities Total
For more information on Capital Asset Activity, please see Capital Assets page 60.
Long-Term Debt
As of June 30, 20212the City had total long-term liabilities outstanding of $44,427,786 in Certificates of Participation debt, Lease Revenue Bonds debt, claims and judgments payable debt, compensated absences and Pension-related debt for the CalPERS Side Fund. For more detailed information on each long-term debt liability, please see Note (6) on pages 61-66. In January 2022, the City issued $15,000,000 in the Series 2021A Leave Revenue Bonds for the construction and improvement of public safety facilities.
Table 4
City of Desert Hot Springs
Long-Term Liabilities
As of June 30, 2022
2022 2021 2022 2021 2022 2021
2020 Certificates of Participation 4,840,000 5,040,000 - - 4,840,000 5,040,000 Lease Revenue Bonds Series 2017A 13,475,000 13,565,000 - - 13,475,000 13,565,000 Taxable Lease Revenue Bonds Series 2017A-T 60,000 275,000 - - 60,000 275,000 Lease Revenue Bonds Series 2018 6,450,000 6,575,000 - - 6,450,000 6,575,000 Lease Revenue Bonds Series 2021A 14,255,000 - - - 14,255,000 - Taxable Lease Revenue Bonds Series 2021A-T 1,135,000 - - - 1,135,000 - Bond discount - 2017A-T (114) (285) - - (114) (285)
Bond premium - 2017A 148,922 155,127 - - 148,922 155,127 Bond premium - 2018 257,692 267,912 - - 257,692 267,912 Bond premium - 2021A 233,718 - - - 233,718 -
Capital lease payment 568,621 - - - 568,621 -
Claims and judgments payable 581,380 781,579 - - 581,380 781,579 Compensated absences 1,130,718 1,167,931 - - 1,130,718 1,167,931 Pension-related debt 1,291,849 1,525,390 - - 1,291,849 1,525,390 Total 44,427,786 $ 29,352,654 $ - $ - $ 44,427,786 $ 29,352,654 $ Governmental activities Business-Type activities Total
Item Number: 10.
13 Cannabis Dispensary and Cultivation Revenues
The City collects taxes for the dispensary and cultivation of marijuana and marijuana products. In the past seven years the City has seen a steady increase in dispensary and cultivation tax revenues for the fiscal years 2015 through 2021, however in 2022, the City experienced a decline in cannabis retail taxes. For FY 2021-2022, the City received $84,600 in additional cannabis dispensary and cultivation tax revenues over 2020-2021.
Table 5
City of Desert Hot springs
Marijuana Revenues
As of June 30, 2022
Dispensary Cultivation Dispensary Cultivation Total Total 2022 2022 2021 2021 2022 2021
Marijuana Dispensary Revenue 2,131,761 $ 2,693,884 $ 2,131,761 $ 2,693,884 $ Marijuana Cultivation Revenue 3,177,728 $ 2,531,005 $ 3,177,728 $ 2,531,005 $ Total 2,131,761 $ 3,177,728 $ 2,693,884 $ 2,531,005 $ 5,309,489 $ 5,224,889 $ Economic Factors
Development activity had several increases due to additional commercial projects and housing developments within the City as discussed previously;
For FY 2021-2022, Transient Occupancy Tax and Sales Tax revenues have surpassed pre-COVID levels. The City is still experiencing a steady growth in population and is considered the “Fastest Growing City in the Coachella Valley” with a population over 31,000 as of January 2022 and a growth rate of 7.5% since 2012;
There has been significant growth in assessed values in the City with a 79.5% assessed value growth rate since 2013 and a 7.6% average annual growth rate.
Home prices have grown nearly 200% since 2011 and during COVID, home values increased by 31% since 2021;
The typical home value in the City is $336,000 as of July 2021 and is one of the more affordable housing options than other cities in the Coachella Valley;
The City has reserves of 15% of annual general fund appropriations for natural and fiscal emergencies and 5% for future operational and capital uses. Additionally, there is an emergency reserve set up for financial and economic uncertainty funded by 25% of the cannabis tax revenues to a cap of 17% of General Fund appropriations. The balance of the Emergency Reserve at June 30, 2022 was $5,077.587 Request for Information
This financial report is designed to provide a general overview of the City of Desert Hot Springs’ finances for all of those with an interest in the government's finances. Questions concerning any of the information provided in this report or requests for additional financial information should be addressed to the City of Desert Hot Springs, Geoffrey Buchheim, Administrative Services Director, 11999 Palm Drive, Desert Hot Springs, CA 92240 or by telephone at 760-329-6411 Ext 227.
Item Number: 10.
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Item Number: 10.
BASIC FINANCIAL STATEMENTS
15 Item Number: 10.
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16 Item Number: 10.
GOVERNMENT-WIDE
FINANCIAL STATEMENTS
17 Item Number: 10.
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18 Item Number: 10.
Primary Government
Governmental
Activities
Current assets:
Cash and investments $ 29,037,015
Receivables, net 8,782,131
Prepaid items 62,312
Property held for resale 85,090
Total current assets 37,966,548
Noncurrent assets:
Cash and investments with fiscal agents 17,279,157
Capital assets:
Not being depreciated 10,653,524
Being depreciated, net 57,108,305
Total noncurrent assets 85,040,986
Total assets 123,007,534
Deferred loss on refunding 353,133
Deferred outflows of resources related to pensions 3,855,280 Total deferred outflows of resources 4,208,413
Current liabilities:
Accounts payable and other liabilities $ 3,184,497
Deposits 2,291,619
Interest payable 444,956
Unearned revenues 2,449,635
Long-term debt - due within one year 2,158,746
Total current liabilities 10,529,453
Noncurrent liabilities:
Long-term debt - due in more than one year 42,269,040
Net pension liabilities 7,629,256
Total noncurrent liabilities 49,898,296
Total liabilities 60,427,749
Deferred inflows of resources related to pensions 5,851,790 Total deferred inflows of resources 5,851,790
Net investment in capital assets 41,699,430
Restricted for:
Public safety 1,109,331
Street maintenance and capital improvement 4,606,922
Housing authority 4,943,915
Debt service 19,640,675
Lighting/Landscaping/Drainage 1,253,543
Park development and improvement 1,098,975
Assessment District 91-1 123,214
Assessment District 92-1 14,772
Assessment District 93-2 10,457
Other 521,182
Total restricted 33,322,986
Unrestricted (deficit) (14,086,008)
Total net position $ 60,936,408
City of Desert Hot Springs
Statement of Net Position
June 30, 2022
NET POSITION
LIABILITIES
ASSETS
DEFERRED OUTFLOWS OF RESOURCES
DEFERRED INFLOWS OF RESOURCES
See accompanying Notes to the Basic Financial Statements. 19 Item Number: 10.
Net (Expense)
Charges Operating Capital Total Revenue and
for Grants and Grants and Program Change in
Functions/Programs Expenses Services Contributions Contributions Revenues Net Position General government 8,735,474 $ 244,237 $ - $ 1,923,796 $ 2,168,033 $ (6,567,441) $ Public safety 15,570,620 532,533 5,712,006 48,178 6,292,717 (9,277,903) Public works 4,214,584 926,993 1,502,179 3,448,609 5,877,781 1,663,197 Economic development 2,683,300 2,564,973 770,041 - 3,335,014 651,714 Culture and leisure 2,104,395 1,677,152 39,405 - 1,716,557 (387,838) Interest and fiscal charges 1,469,995 - - - - (1,469,995) Total governmental activities 34,778,368 5,945,888 8,023,631 5,420,583 19,390,102 (15,388,266) Total primary government $ 5,945,888 34,778,368 $ 8,023,631 $ 5,420,583 $ 19,390,102 $ (15,388,266) General revenues:
Taxes:
Property taxes 1,898,981
Sales taxes 5,262,718
Dispensary taxes 2,131,761
Cultivator taxes 3,177,728
Vehicle in-lieu taxes 34,757
Franchise taxes 2,184,708
Transient occupancy taxes 3,779,227
Total taxes 18,469,880
Investment income (loss) (220,735)
Miscellaneous 728,394
Gain on sale of property 15,285
Total general revenues 18,992,824
Change in net position 3,604,558
Net position - beginning of year 57,331,850
Net position - end of year $ 60,936,408
Program Revenues
Primary Government
Governmental Activities
City of Desert Hot Springs
Statement of Activities
For the Year Ended June 30, 2022
See accompanying Notes to the Basic Financial Statements. 20 Item Number: 10.
FUND FINANCIAL STATEMENTS
Governmental Fund Financial Statements
Proprietary Fund Financial Statements
Fiduciary Fund Financial Statements
21 Item Number: 10.
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22 Item Number: 10.
GOVERNMENTAL FUND
FINANCIAL STATEMENTS
General Fund - As the City's primary operating fund, it accounts for and reports all financial resources of the City, except those required to be accounted for and reported in another fund.
Public Safety Special Revenue Fund - To account for and report special taxes and grants for community safety expenditures including Police, Fire and Animal Control.
Debt Service Fund - To account for the debt service payments on the City's Lease Revenue Bonds and Certificate of Participation twice annually.
American Recovery Act Special Revenue Fund - To account for the State and Local Agency Coronavirus Relief Funds provided to the City from the American Recovery Act.
23 Item Number: 10.
American
General Public Recovery Debt Service
Fund Safety Act Fund
ASSETS
Cash and investments 13,568,842 $ 1,337,128 $ 1,511,737 $ 1,906,371 $ Cash and investments with fiscal agents - - - 17,279,157 Accounts receivable 2,677,346 1,177,556 - 125,601
Interest receivable 5,378 - - 1,020
Notes receivable - - - -
Prepaid items 62,312 - - -
Due from other governments - - - -
Due from other funds 486,678 - - 328,526
Property held for resale - - - -
Total assets $ 2,514,684 16,800,556 $ 1,511,737 $ 19,640,675 $
LIABILITIES,
DEFERRED INFLOWS OF RESOURCES,
AND FUND BALANCES
Liabilities:
Accounts payable 1,215,003 $ 1,429,053 $ - $ - $
Due to other funds - - - -
Deposits 2,008,699 64,932 - -
Unearned revenue - 61,702 1,530,320 -
Total liabilities 1,555,687 3,223,702 1,530,320 -
Deferred Inflows of Resources:
Unavailable revenues 107,959 728,170 - -
Fund Balances:
Nonspendable 62,312 - - -
Restricted 455,254 230,827 - 19,640,675
Committed 11,171,624 - - -
Assigned 1,779,705 - - -
Unassigned (deficit) - - (18,583) -
Total fund balances 230,827 13,468,895 (18,583) 19,640,675 Total liabilities, deferred inflows of
resources, and fund balances $ 2,514,684 16,800,556 $ 1,511,737 $ 19,640,675 $ Special Revenue Funds
City of Desert Hot Springs
Balance Sheet
Governmental Funds
June 30, 2022
See accompanying Notes to the Basic Financial Statements. 24 Item Number: 10.
Nonmajor Total
Governmental Governmental
Funds Funds
ASSETS
Cash and investments $ 28,443,273 10,119,195 $
Cash and investments with fiscal agents 17,279,157 -
Accounts receivable 4,926,411 945,908
Interest receivable 9,708 3,310
Notes receivable 3,374,172 3,374,172
Prepaid items 62,312 -
Due from other governments 471,840 471,840
Due from other funds 815,204 -
Property held for resale 85,090 85,090
Total assets $ 55,467,167 14,999,515 $
LIABILITIES,
DEFERRED INFLOWS OF RESOURCES,
AND FUND BALANCES
Liabilities:
Accounts payable $ 3,181,018 536,962 $
Due to other funds 815,204 815,204
Deposits 2,291,619 217,988
Unearned revenue 2,449,635 857,613
Total liabilities 8,737,476 2,427,767
Deferred Inflows of Resources:
Unavailable revenues 1,936,346 1,100,217
Fund Balances:
Nonspendable 62,312 -
Restricted 31,626,839 11,300,083
Committed 11,606,804 435,180
Assigned 1,779,949 244
Unassigned (deficit) (282,559) (263,976)
Total fund balances 44,793,345 11,471,531
Total liabilities, deferred inflows of
resources, and fund balances $ 55,467,167 14,999,515 $
City of Desert Hot Springs
Balance Sheet (Continued)
Governmental Funds
June 30, 2022
See accompanying Notes to the Basic Financial Statements. 25 Item Number: 10.
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26 Item Number: 10.
Total Fund Balances - Total Governmental Funds $ 44,793,345 Amounts reported for governmental activities in the Statement of Net Position are different because:
Capital assets, excluding the $685,863 from the Internal Service Funds, used in governmental activities are not financial resources and are not reported in the funds:
Capital assets, not being depreciated 10,653,524
Capital assets, being depreciated 67,075,966 56,422,442 Revenue reported as unavailable revenue in the governmental funds when it is not received soon enough after year-end to be considered available. The availability criteria does not apply to the Government-Wide Financial Statements and, therefore, the revenue is recognized when eligibility requirements are met and earned. 1,936,346
Interest expenses are recognized when due, and therefore, interest payable is not recorded in the governmental funds. (444,956)
Long-term liabilities, net of $1,150,001 reported in Internal Service funds were not due and payable in the current period. Therefore, they were not reported in the Governmental Funds' Balance Sheet.
Deferred loss on refunding 353,133
Long-term liabilities (42,924,652) (43,277,785)
Net pension liability is not due and payable in the current period; therefore, is not reported in the governmental funds. Deferred outflows of resources and deferred inflows of resources related to pensions are also not reported in the governmental funds.
Deferred outflows of resources 3,855,280
Net pension liabilities (7,629,256)
Deferred inflows of resources (9,625,766) (5,851,790)
Internal service funds are used by management to charge the costs of general liability, workers' compensation and equipment replacement to individual funds. The assets and liabilities of the internal service fund are included in governmental activities in the Government-Wide Statement of Net Position. 126,125
Net Position of Governmental Activities $ 60,936,408
City of Desert Hot Springs
Reconciliation of the Governmental Funds Balance Sheet
to the Government-Wide Statement of Net Position
June 30, 2022
See accompanying Notes to the Basic Financial Statements. 27 Item Number: 10.
American
General Public Recovery Debt Service
Fund Safety Act Fund
REVENUES:
Taxes 18,536,089 $ 5,317,718 $ $ - $ 1,378,897
Permits and fees 2,648,905 405,964 - -
Intergovernmental 33,443 75,296 1,923,796 -
Licenses 226,993 15,475 - -
Investment earning (loss) (298,549) - (18,583) (26,051) Miscellaneous 487,982 405,667 - -
Total revenues 6,220,120 21,634,863 1,905,213 1,352,846 EXPENDITURES:
Current:
General government 6,279,923 - - 13,500
Public safety 427,547 15,107,847 - -
Public works 938,028 - - -
Economic development 2,369,622 - - -
Culture and leisure 1,187,709 - - -
Capital outlay - - 1,407,809 -
Debt service: -
Principal retirement - - - 1,210,000
Interest and fiscal charges - - - 1,302,933
Total expenditures 16,515,656 11,202,829 - 2,526,433
REVENUES OVER (UNDER) EXPENDITURES (10,295,536) 10,432,034 1,905,213 (1,173,587) OTHER FINANCING SOURCES (USES):
Issuance of long-term debt - - - 15,970,000
Issuance premium - - - 239,042
Transfers in 10,356,873 118,988 - 737,695
Transfers out - (10,032,183) (1,923,796) (520,199)
Total other financing sources (uses) 10,356,873 (9,913,195) (1,923,796) 16,426,538 NET CHANGES IN FUND BALANCES 61,337 518,839 (18,583) 15,252,951 FUND BALANCES:
Beginning of year 169,490 12,950,056 - 4,387,724
End of year $ 230,827 13,468,895 $ (18,583) $ 19,640,675 $ Special Revenue Funds
City of Desert Hot Springs
Statement of Revenues, Expenditures, and Changes in Fund Balances Governmental Funds
For the Year Ended June 30, 2022
See accompanying Notes to the Basic Financial Statements. 28 Item Number: 10.
Nonmajor Total
Governmental Governmental
Funds Funds
REVENUES:
Taxes $ 26,379,433 1,146,729 $
Permits and fees 5,923,193 2,868,324
Intergovernmental 5,224,905 3,192,370
Licenses 242,468 -
Investment earning (loss) (335,765) 7,418
Miscellaneous 917,649 24,000
Total revenues 38,351,883 7,238,841
EXPENDITURES:
Current:
General government 6,293,423 -
Public safety 15,627,851 92,457
Public works 3,948,534 3,010,506
Economic development 2,686,648 317,026
Culture and leisure 1,302,155 114,446
Capital outlay 4,497,048 3,089,239
Debt service:
Principal retirement 1,210,000 -
Interest and fiscal charges 1,302,933 -
Total expenditures 36,868,592 6,623,674
REVENUES OVER (UNDER) EXPENDITURES 1,483,291 615,167
OTHER FINANCING SOURCES (USES):
Issuance of long-term debt 15,970,000 -
Issuance premium 239,042 -
Transfers in 13,060,803 1,847,247
Transfers out (13,060,803) (584,625)
Total other financing sources (uses) 16,209,042 1,262,622 NET CHANGES IN FUND BALANCES 17,692,333 1,877,789
FUND BALANCES:
Beginning of year 27,101,012 9,593,742
End of year $ 44,793,345 11,471,531 $
City of Desert Hot Springs
Statement of Revenues, Expenditures, and Changes in Fund Balances (Continued) Governmental Funds
For the Year Ended June 30, 2022
See accompanying Notes to the Basic Financial Statements. 29 Item Number: 10.
Net Change in Fund Balances - Total Governmental Funds $ 17,692,333 Amounts reported for governmental activities in the Statement of Activities are different because:
Acquisition of capital assets was reported as expenditures in the governmental funds. However, in the Government-Wide Statement of Activities, the cost of those assets was allocated over the estimated useful lives as depreciation expense. The following was the amount of capital assets recorded in the current period:
Capital outlay, net of $745,359 reported in Internal Service Funds 4,494,986 Net effect on disposal of capital assets (1,734)
Depreciation expense on capital assets, net of internal service fund depreciation expense of $230,265 was reported in the Government-Wide Statement of Activities, but they did not require the use of current financial resources. Therefore, depreciation expense was not reported as an expenditure in the governmental funds. (4,044,420)
Revenues in the Statement of Activities that do not provide current financial resources are not reported as revenues in the governmental funds. 15,758
The fund financial statements record interest expenditures on the current financial resources measurement focus whereas the Government-Wide financial statements recognize interest expense on the accrual basis.
The reconciling amount was the change in accrued interest from the prior year. (152,455) Long-term compensated absences expense was reported in the Government-Wide Statement of Activities, but it did not require the use of current financial resources. Therefore, the decrease in long-term compensated absences was not reported as an expenditure in the governmental funds. 37,213 Repayment of bond principal was an expenditure in the governmental funds, but the repayment reduced long-term liabilities in the Government-Wide Statement of Net Position.
Principal repayments of long-term debt 1,210,000
Issuance of long-term debt (15,970,000)
Issuance premium (239,042)
Changes in pension-related debt (14,765,501) 233,541
Amortization expense was reported in the Government-Wide Statement of Activities, but it did not require the use of current financial resources. Therefore, amortization expense was not reported as an expenditure in the governmental funds.
Amortization of premium/discount 21,578
Amortization of deferred charges on refunding 1,720 (19,858) Certain pension expenses reported in the Statement of Activities do not require the use of current financial resources and, therefore, are not reported as expenditures in governmental funds, net of $2,142,423 pension contribution made after measurement date. 383,730 Internal service funds were used by management to charge the costs of certain activities, such as insurance to individual funds. The net loss of the internal service funds was reported with governmental activities. (57,072)
Change in Net Position of Governmental Activities $ 3,604,558 City of Desert Hot Springs
Reconciliation of the Governmental Funds Statement of Revenues, Expenditures, and Changes in Fund Balances to the Government-Wide Statement of Activities For the Year Ended June 30, 2022
See accompanying Notes to the Basic Financial Statements. 30 Item Number: 10.
Internal Service Funds - To account for the City's risk management and equipment replacement activities, which are goods and services provided to other Funds of the City.
PROPRIETARY FUND
FINANCIAL STATEMENTS
31 Item Number: 10.
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32 Item Number: 10.
Governmental
Activities
Internal
Service Funds
ASSETS
Current assets:
Cash and investments $ 593,742
Total current assets 593,742
Noncurrent assets:
Capital assets, being depreciated, net 685,863
Total noncurrent assets 685,863
Total assets 1,279,605
LIABILITIES
Current liabilities:
Accounts payable 3,479
Claims payable - due within one year 331,161
Financing purchase payable - due within one year 159,583 Total current liabilities 494,223
Noncurrent liabilities:
Claims payable - due in more than one year 250,219
Financing purchase payable - due in more than one year 409,038 Total noncurrent liabilities 659,257
Total liabilities 1,153,480
NET POSITION
Net investment in capital assets 117,242
Unrestricted 8,883
Total net position $ 126,125
City of Desert Hot Springs
Statement of Net Position
Proprietary Funds
June 30, 2022
See accompanying Notes to the Basic Financial Statements. 33 Item Number: 10.
Governmental
Activities
Internal
Service Funds
OPERATING REVENUES:
Charges for services $ 193,348
Insurance recovery 8,088
Total operating revenues 201,436
OPERATING EXPENSES:
Insurance claims 27,201
Depreciation 230,265
Total operating expenses 257,466
OPERATING (LOSS) (56,030)
NONOPERATING REVENUES (EXPENSES):
Gain on sale of property 15,285
Interest expense (16,327)
Total nonoperating revenues (expenses) (1,042)
Change in net position (57,072)
NET POSITION:
Beginning of year 183,197
End of year $ 126,125
City of Desert Hot Springs
Statement of Revenues, Expenses, and Changes in Net Position Proprietary Funds
For the Year Ended June 30, 2022
See accompanying Notes to the Basic Financial Statements. 34 Item Number: 10.
Governmental
Activities
Internal
Service Funds
CASH FLOWS FROM OPERATING ACTIVITIES:
Receipts from claims and recoveries $ 8,088
Receipts from user departments 193,348
Payments for insurance claims (230,993)
Net cash (used in) operating activities (29,557)
CASH FLOWS FROM CAPITAL AND
RELATED FINANCING ACTIVITIES:
Acquisition of capital assets, net (36,696)
Proceeds from sale of assets, net 15,285
Principal paid (140,042)
Interest paid (16,327)
Net cash (used in) capital and related financing activities (177,780) Net decrease in cash and investments (207,337)
CASH AND INVESTMENTS
Beginning of year 801,079
End of year $ 593,742
RECONCILIATION OF OPERATING (LOSS) TO NET
CASH (USED IN) OPERATING ACTIVITIES:
Operating (loss) $ (56,030)
Adjustments to reconcile operating loss to
net cash used in operating activities:
Depreciation expense 230,265
Increase (decrease) in accounts payable (3,593)
Increase (decrease) in claims payable (200,199)
Total adjustments 26,473
Net cash (used in) operating activities $ (29,557)
City of Desert Hot Springs
Statement of Cash Flows
Proprietary Funds
For the Year Ended June 30, 2022
See accompanying Notes to the Basic Financial Statements. 35 Item Number: 10.
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36 Item Number: 10.
FIDUCIARY FUND
FINANCIAL STATEMENTS
Successor Agency Private-Purpose Trust Fund - To account for the balances and transactions of the Successor Agency to the former Redevelopment Agency of the City of Desert Hot Springs.
Custodial Funds - To account for assets held by the City in the capacity of agent for individuals. Custodial Fund spending is controlled primarily through legal agreements and applicable State and Federal laws. 37 Item Number: 10.
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38 Item Number: 10.
Successor
Agency Private -
Purpose Trust Custodial
Fund Funds
ASSETS
Current assets:
Cash and investments $ 3,037,677 3,915,229 $
Accounts receivable 111,452 -
Interest receivable 1,456 760
Total current assets 3,149,889 3,916,685
Noncurrent assets:
Investments with fiscal agents 109,036 2,075,109
Notes receivable - 16,294
Total noncurrent assets 109,036 2,091,403
Total assets 3,258,925 6,008,088
DEFERRED OUTFLOWS OF RESOURCES
Deferred loss on refundings - 1,145,307
Total deferred outflows of resources - 1,145,307
LIABILITIES
Current liabilities:
Accounts payable 33,215 55
Deposits payable 1,149,007 -
Interest payable - 343,888
Bonds payable - due within one year 2,792,595 -
Total current liabilities 1,182,222 3,136,538
Noncurrent liabilities:
Bonds payable - due in more than one year 20,071,429 -
Total noncurrent liabilities - 20,071,429
Total liabilities 1,182,222 23,207,967
NET POSITION (DEFICIT)
Restricted for:
Held in trust - (16,054,572)
Individuals, organization, and other governments - 2,076,703 Total net position (deficit) $ 2,076,703 (16,054,572) $ City of Desert Hot Springs
Statement of Fiduciary Net Position
Fiduciary Funds
June 30, 2022
See accompanying Notes to the Basic Financial Statements. 39 Item Number: 10.
Successor
Agency Private -
Purpose Trust Custodial
Fund Funds
ADDITIONS:
Redevelopment Property Tax Trust Fund 3,738,432 $ - $
Assessment revenue collected 718,841 -
Use of money and property (14,227) 15,154
Total additions 704,614 3,753,586
DEDUCTIONS:
Interest expense 64,076 1,090,782
Administration - 264,127
Investment loss - 72,355
Recognized obligation payments to City of Desert Hot Springs 736,628 - Payment of special assessment district expenses 144,457 - Payment of other organization expenses 17,126 -
Total deductions 225,659 2,163,892
Changes in net position 478,955 1,589,694
NET POSITION (DEFICIT):
Beginning of year 1,597,748 (17,644,266)
End of year $ 2,076,703 (16,054,572) $
City of Desert Hot Springs
Statement of Changes in Fiduciary Net Position
Fiduciary Funds
For the Year Ended June 30, 2022
See accompanying Notes to the Basic Financial Statements. 40 Item Number: 10.
41 NOTES TO THE BASIC
FINANCIAL STATEMENTS
Item Number: 10.
42 This page intentionally left blank.
Item Number: 10.
City of Desert Hot Springs
Index to the Notes to the Basic Financial Statements
For the Year Ended June 30, 2022
43 Page
Note 1 – Summary of Significant Accounting Policies ........................................................................................... 45 A. Financial Reporting Entity ............................................................................................................................. 45 B. Basis of Accounting and Measurement Focus .............................................................................................. 46 C. Cash, Cash Equivalents and Investments ....................................................................................................... 49 D. Cash and Investments with Fiscal Agents ...................................................................................................... 49 E. Fair Value Measurement ................................................................................................................................ 49 F. Prepaid Items .................................................................................................................................................. 49 G. Interfund Transactions .................................................................................................................................... 50 H. Property Held for Resale ................................................................................................................................ 50 I. Capital Assets ................................................................................................................................................. 50 J. Interest Payable .............................................................................................................................................. 50 K. Unearned Revenue ......................................................................................................................................... 50 L. Compensated Absences .................................................................................................................................. 51 M. Pension ........................................................................................................................................................... 51 N. Deferred Outflows/Inflows of Resources ....................................................................................................... 51 O. Long-Term Debt ............................................................................................................................................. 51 P. Claims and Judgments .................................................................................................................................... 52 Q. Property Taxes ................................................................................................................................................ 52 R. Net Position .................................................................................................................................................... 52 S. Fund Balances ................................................................................................................................................ 53 T. Spending Policy .............................................................................................................................................. 53 U. Use of Estimates ............................................................................................................................................. 54 V. Implementation of New GASB Pronouncement ............................................................................................ 54 Note 2 – Cash and Investments ................................................................................................................................ 54 A. Demand Deposits ........................................................................................................................................... 55 B. Investments ..................................................................................................................................................... 55 C. Fair Value Measurement ................................................................................................................................ 56 D. Risk Disclosures ............................................................................................................................................. 57 E. Investments in Local Agency Investment Fund ............................................................................................. 58 Note 3 – Notes Receivable ......................................................................................................................................... 58 Note 4 – Interfund Transactions .............................................................................................................................. 59 A. Due From/To Other Funds ............................................................................................................................. 59 B. Transfers In/Out ............................................................................................................................................. 59 Note 5 – Capital Assets .............................................................................................................................................. 60 Item Number: 10.
City of Desert Hot Springs
Index to the Notes to the Basic Financial Statements (Continued) For the Year Ended June 30, 2022
44 Page
Note 6 – Long-Term Liabilities ................................................................................................................................ 61 A. Governmental Activities................................................................................................................................. 61 B. Fiduciary Activities ........................................................................................................................................ 66 Note 7 – Non-City Obligation Debt .......................................................................................................................... 68 Note 8 – Risk Management ....................................................................................................................................... 68 A. Coverage ......................................................................................................................................................... 68 B. Claims Activity .............................................................................................................................................. 69 C. Adequacy of Protection .................................................................................................................................. 69 Note 9 – Defined Benefit Pension Plan .................................................................................................................... 70 A. General Information about the Pension Plan .................................................................................................. 70 B. Pension Liabilities, Pension Expenses, and Deferred Outflows of Resources and Deferred Inflows of Resources Related to Pensions .................................................................................................... 71 Note 10 – Jointly Governed Organization ............................................................................................................... 76 Note 11 – Classification of Fund Balances .............................................................................................................. 77 Note 12 – Net Investments in Capital Assets ........................................................................................................... 79 Note 13 – Contingencies and Commitments ........................................................................................................... 79 A. Lawsuits ......................................................................................................................................................... 79 B. Federal and State Grant Programs .................................................................................................................. 79 Note 14 – Individual Fund Disclosure ..................................................................................................................... 79 Item Number: 10.
City of Desert Hot Springs
Notes to the Basic Financial Statements
For the Year Ended June 30, 2022
45 Note 1 – Summary of Significant Accounting Policies
The basic financial statements of the City of Desert Hot Springs, California (the “City”) have been prepared in accordance with accounting principles generally accepted in the United States (“U.S. GAAP”) as applied to governmental agencies. The Governmental Accounting Standards Board (“GASB”) is the accepted standard setting body for establishing governmental accounting and financial reporting principles. The following is a summary of the significant accounting policies:
A. Financial Reporting Entity
The City was incorporated on September 17, 1963 as a charter city under the laws of the State of California and enjoys all the rights and privileges allowed by its charter. The City is governed by an elected five-member council.
In evaluating how to define the City for financial reporting purposes, management has considered all potential component units. The primary criteria for including a potential component unit within the reporting entity are the governing body’s financial accountability and a financial benefit or burden relationship and whether it is misleading to exclude. A primary government is financially accountable and shares a financial benefit or burden relationship, if it appoints a voting majority of an organization’s governing body and it is able to impose its will on the organization, or if there is a potential for the organization to provide specific financial benefits to, or impose specific financial burdens on the primary government. A primary government may also be financially accountable if an organization is fiscally dependent on the primary government regardless of whether the organization has a separately elected governing board, a governing board appointed by a higher level of government, or a jointly appointed board, and there is a potential for the organization to provide specific financial benefits to, or impose specific financial burdens on the primary government.
Blended Component Units:
Management determined that the following entities should be reported as blended component units based on the criteria above. Although the following is legally separate from the City, it has been “blended” as though it is part of the City because the component unit’s governing body is substantially the same as the City’s and there is a financial benefit or burden relationship between the City and the component unit; management of the City has operational responsibilities for the component unit; and/or the component unit provides services entirely, or almost entirely, to the City or otherwise exclusively, or almost exclusively, benefits the City, even though it does not provide services directly to it.
City of Desert Hot Springs Financing Corporation (the “Corporation”) – The Corporation is a nonprofit public benefit corporation formed for the purpose of providing public facility financing to the City. The Corporation’s Board of Directors is composed of the five elected City Council members. The Corporation may acquire, construct, rehabilitate, remodel, improve, install and finance or lease various facilities, land and equipment for the benefit of the City. The Corporation holds title to various parcels of land as security for the Certificates of Participation issued in its name. The City makes repayments to the Corporation in an amount equal to the periodic principal and interest payments due on the Certificates.
The Corporation does not issue separate financial statements.
Item Number: 10.
City of Desert Hot Springs
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2022
46 Note 1 – Summary of Significant Accounting Policies (Continued) A. Financial Reporting Entity (Continued)
Blended Component Units (Continued):
Desert Hot Springs Public Financing Authority (the “Authority”) – the Public Financing Authority was established pursuant to a Joint Exercise of Powers Agreement, dated May 1, 1993, between the City and the Redevelopment Agency of the City which has been succeeded by the Successor Agency of the City.
The Authority is governed by the Board of Directors. The Chairperson, Vice-Chairperson, Executive Director, and Secretary of the Authority consist of the Mayor, Mayor Pro Tem, City Manager, and City Clerk of the City, respectively. The Authority does not issue separate financial statements.
Desert Hot Springs Housing Authority (the “Housing Authority”) – The Housing Authority was formed on January 18, 2011 and operates as a public authority whose primary goal is to provide decent, safe and sanitary housing in a suitable living environment for families that cannot afford private housing that comply with housing quality standards. The Housing Authority does not issue separate financial statements.
These component units are included in the primary government because of the significance of their financial and operational relationship and due to the governing bodies being appointed by the City Council or the same as City Council.
The City has no discretely presented component units.
B. Basis of Accounting and Measurement Focus
The accounts of the City are organized on the basis of funds, each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self-balancing accounts that comprise its assets, liabilities, fund equity, revenues, and expenditures or expenses, as appropriate. City resources are allocated to and accounted for in individual funds based upon the purposes for which they are to be spent and the means by which spending activities are controlled.
Government-Wide Financial Statements
The Government-Wide Financial Statements are presented on an “economic resources” measurement focus and the accrual basis of accounting. Accordingly, all of the City’s assets, deferred outflows of resources, liabilities, and deferred inflows of resources, including capital assets, as well as infrastructure assets, and long-term liabilities, are included in the accompanying Statement of Net Position. The Statement of Activities presents changes in net position. Under the accrual basis of accounting, revenues are recognized in the period in which they are earned, while expenses are recognized in the period in which the liability is incurred. Fiduciary activities of the City are not included in these statements.
Certain types of transactions are reported as program revenues for the City in three categories:
Charges for services
Operating grants and contributions
Capital grants and contributions
Item Number: 10.
City of Desert Hot Springs
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2022
47 Note 1 – Summary of Significant Accounting Policies (Continued) B. Basis of Accounting and Measurement Focus (Continued) Government-Wide Financial Statements (Continued)
Certain eliminations have been made in regards to interfund activities, payables and receivables. All internal balances in the statement of net position have been eliminated, except those representing balances between the governmental activities and the business-type activities, which are presented as internal balances and eliminated in the total primary government column. In the statement of activities, internal service fund transactions have been eliminated; however, those transactions between governmental and business-type activities have not been eliminated.
The following interfund activities have been eliminated:
Due from/to other funds
Transfers in/out
Governmental Fund Financial Statements
All governmental funds are accounted for on a spending or "current financial resources" measurement focus and the modified accrual basis of accounting. Accordingly, only current assets, current liabilities, and deferred inflows of resources, are included on the balance sheet. The statement of revenues, expenditures and changes in fund balances presents increases (revenues and other financing sources) and decreases (expenditures and other financing uses) in fund balances. Under the modified accrual basis of accounting, revenues are recognized in the accounting period in which they become both measurable and available to finance expenditures of the current period.
An accompanying schedule is presented to reconcile and explain the differences in fund balances as presented in these statements to the net position presented in the government-wide financial statements.
Revenues are recognized as soon as they are both “measurable” and “available”. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For these purposes, the City considers revenues to be available if they are collected within 60 days of the end of the current fiscal period.
The primary revenue sources, which have been treated as susceptible to accrual by the City, are property taxes, sales taxes, citations, intergovernmental revenues, other taxes and abatement receivables. Expenditures are recorded in the accounting period in which the related fund liability is incurred.
The City reports the following major governmental funds:
General Fund – This fund is the City’s primary operating fund. It accounts for all financial resources of the City, except those required to be accounted for in another fund.
Public Safety Special Revenue Fund – This fund was established to account for special taxes and grants for public safety expenditures.
American Recovery Act Special Revenue Fund – This fund was established to account State and Local Agency Coronavirus Relief Funds provided to the City from the American Recovery Act.
Item Number: 10.
City of Desert Hot Springs
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2022
48 Note 1 – Summary of Significant Accounting Policies (Continued) B. Basis of Accounting and Measurement Focus (Continued) Debt Service Fund – This fund was established to account for the debt service payments of the City.
Proprietary Fund Financial Statements
Proprietary funds are accounted for using the "economic resources" measurement focus and the accrual basis of accounting. Accordingly, all assets and liabilities (whether current or noncurrent) are included on the statement of net position. The statement of revenues, expenses and changes in net position presents increases (revenues) and decreases (expenses) in total net position. Under the accrual basis of accounting, revenues are recognized in the period in which they are earned, while expenses are recognized in the period in which the liability is incurred. In these funds, receivables have been recorded as revenue and provisions have been made for uncollectible amounts.
Proprietary funds distinguish operating revenues and expenses from nonoperating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with a proprietary fund’s principal ongoing operations. The principal operating revenues of the proprietary funds are charges to customers for sales and services. Operating expenses for the proprietary funds include the costs of sales and services, administrative expenses and depreciation on capital assets. All revenues and expenses not meeting this definition are reported as nonoperating revenues and expenses.
The internal service funds are presented in these statements. However, internal service balances and activities have been combined with the governmental activities in the government-wide financial statements. The City’s internal service funds include two individual funds which provide services directly to other City funds, which include risk management (combining general liability and workers’ compensation activities) and equipment replacement.
Fiduciary Fund Financial Statements
Fiduciary fund financial statements include a Statement of Net Position and a Statement of Changes in Fiduciary Net Position. The City’s fiduciary funds represent custodial funds and private purpose trust funds. Both custodial funds and the private purpose trust funds are accounted for on the full accrual basis of accounting where the assets associated with the activity are controlled by the City and the assets are not derived 1) solely from the government’s own-source revenues or 2) from government-mandated nonexchange transactions or voluntary nonexchange transactions.
Fiduciary fund types are accounted for according to the nature of the fund. The City’s private purpose trust fund is a fiduciary fund type used by the City to report assets, liabilities and activities of the Successor Agency to the former Redevelopment Agency of the City of Desert Hot Springs. The City’s custodial funds are used to account for assets for the benefit of organizations or other governments that are not part of the City. In addition, the assets are not derived from the City’s provisions of goods or services to those individuals, organizations, or other governments. These funds are used to account for money and property held by the City as trustee or custodian.
They are also used to account for various assessment districts for which the City acts as an agent for debt service activities or as agent for other foundations. The results of fiduciary fund type operations are presented in the Statement of Changes of Fiduciary Net Position.
Item Number: 10.