1 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 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 Item Number: 16.
1 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: 16.
Quality Code Data 2/3/2022, Page 1
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: 16.
Quality Code Data 2/3/2022, Page 2
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: 16.
Quality Code Data 2/3/2022, Page 3
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: 16.
Quality Code Data 2/3/2022, Page 4
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: 16.
Quality Code Data 2/3/2022, Page 5
Item Number: 16.
Quality Code Data 2/3/2022, Page 1
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: 16.
Quality Code Data 2/3/2022, Page 2
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: 16.
Quality Code Data 2/3/2022, Page 3
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.
Item Number: 16.
Quality Code Data 2/3/2022, Page 4
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: 16.
Quality Code Data 2/3/2022, Page 5
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: 16.
Quality Code Data 2/3/2022, Page 1
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;
Item Number: 16.
Quality Code Data 2/3/2022, Page 2
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: 16.
Quality Code Data 2/3/2022, Page 1
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: 16.
Quality Code Data 2/3/2022, Page 2
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: 16.
Quality Code Data 2/3/2022, Page 3
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: 16.
Quality Code Data 2/3/2022, Page 4
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: 16.
Quality Code Data 2/3/2022, Page 5
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: 16.
Quality Code Data 2/3/2022, Page 6
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: 16.
Quality Code Data 2/3/2022, Page 1
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: 16.
Quality Code Data 2/3/2022, Page 2
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;
Item Number: 16.
Quality Code Data 2/3/2022, Page 3
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: 16.
Quality Code Data 2/3/2022, Page 4
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: 16.
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: 16.
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: 16.
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: 16.
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: 16.
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: 16.
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: 16.
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: 16.
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: 16.
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: 16.
SR-23-171
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: July 5, 2023
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Second Reading and Adoption of Tax Installment Agreement Ordinance RECOMMENDATION:
Approve Second Reading and read by title only: "An Ordinance of the City Council of the City of Desert Hot Springs, California, adding Chapter 3.06 "Tax Installment Agreements" pertaining to certain types of taxes contained in Chapters 3.20, 3.33, 3.34, 3.35, and 3.37 ("Subject Tax Structures") of the Desert Hot Springs Municipal Code." BACKGROUND:
The Ordinance (Exhibit 2) was introduced and approved for first reading by the City Council on June 20, 2023.
The Ordinance shall take effect thirty (30) days after its second reading.
FISCAL IMPACT:
None.
ATTACHMENTS:
1) Staff Report from June 20, 2023
2) Tax Installment Ordinance
Item Number: 17.
SR-23-158
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: June 20, 2023
Department: City Manager
Prepared by: Daniel Porras, Interim Deputy City Manager Subject: Tax Installment Agreement Ordinance
RECOMMENDATION:
Introduce for First Reading and read by title only: "An Ordinance of the City Council of the City of Desert Hot Springs, California, adding Chapter 3.06 "Tax Installment Agreements" pertaining to certain types of taxes contained in Chapters 3.20, 3.33, 3.34, 3.35, and 3.37 ("Subject Tax Structures") of the Desert Hot Springs Municipal Code."
BACKGROUND:
As one of the first cities to allow for the legal cultivation, manufacturing, and sale of cannabis, Desert Hot Springs experienced a surge of industry related development. While the initial demand for cannabis related development in Desert Hot Springs was strong, the industry has recently experienced a lag in growth and in some cases has had negative impacts in existing businesses. Construction costs, significant decrease in wholesale flower prices, the illicit market, and more are placing added financial burden on operators. These challenges are not unique to Desert Hot Springs. In fact, the State of California suspended its cannabis cultivation tax in 2022 as a result of the strained market conditions.
The financial burden for some operators has proven to be too excessive and some cannabis businesses have recently closed, and in other cases some businesses have fallen behind in their tax obligation to the City.
In similar cases some Hotel operators may also experience a financial burden and start to fall behind on their Transient Occupancy Tax (TOT) obligation to the City, and their businesses begin to fail.
In order to try to redeem all or partial tax obligations to the City from the cannabis businesses and from the hotels that have fallen behind on tax payments, Staff is proposing an Ordinance that will allow the City Manager to negotiate a tax installment agreement with individual operators. This will help make sure their businesses do not close, and at the same time make sure their tax obligations are paid to the City.
DISCUSSION:
Title 3 of the Desert Hot Springs Municipal Code (DHSMC), titled Revenue and Finance, codifies several chapters regulating and implementing various tax structures; including Chapter 3.20 which regulates and implements “Transient Occupancy Tax”, Chapter 3.33 which regulates and implements “Marijuana Cultivation Tax”, Chapter 3.34 which regulates and implements “Marijuana Tax, Chapter Item Number: 17.
SR-23-158
3.35 which regulates and implements “Medical Marijuana Cultivation Tax,” and Chapter 3.37 which regulates and implements “Medical Marijuana Tax”.
The proposed Ordinance will modify those sections of the DHSMC to allow for the City Manager or his/her designee to initiate tax installment agreements with entities or persons delinquent in paying taxes for the subject tax structures. The City Manager will have authority to negotiate, execute and bind the City into a tax installment agreement, and any amendments, for the full amount of the taxes owed, without interest. The City Attorney shall review and approve the agreements and any amendments as to form.
The changes to the DHSMC are shown in the attached proposed Ordinance.
FISCAL IMPACT:
A Tax Installment Agreement will provide a mechanism for individuals or entities to pay their tax obligation to the City which will result in recovering potentially lost revenue.
ATTACHMENTS:
Tax Installment Ordinance
Item Number: 17.
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS, CALIFORNIA, ADDING CHAPTER 3.06 “TAX
INSTALLMENT AGREEMENTS” PERTAINING TO CERTAIN TYPES OF
TAXES CONTAINED IN CHAPTERS 3.20, 3.33, 3.34, 3.35 AND 3.37 (“SUBJECT TAX STRUCTURES” OF THE DESERT HOT SPRINGS
MUNICIPAL CODE (“DHSMC”)
WHEREAS, the City of Desert Hot Springs (“City”) is a municipal corporation and a charter city; and
WHEREAS, Title 3 of the Desert Hot Springs Municipal Code (“DHSMC”), titled Revenue and Finance, codifies several chapters regulating and implementing various tax structures; and
WHEREAS, in particular and related to this Ordinance, 1) Chapter 3.20 regulates and implements “Transient Occupancy Tax”, 2) Chapter 3.33 regulates and implements “Marijuana Cultivation Tax”, 3) Chapter 3.34 regulates and implements “Marijuana Tax, 4) Chapter 3.35 regulates and implements “Medical Marijuana Cultivation Tax,” 5) Chapter 3.37 regulates and implements “Medical Marijuana Tax” (Subject Tax structures”; and
WHEREAS, it has come to the City’s attend that various entities and persons have delinquent in paying taxes for the Subject Tax Structures, have inquired into entering into tax installment agreements with the City to pay their taxes due and owing to the City; and
WHEREAS, the City Council deems entities and persons who are delinquent in paying taxes for the Subject Tax Structures may enter into a Tax Installment Agreement with the City upon City initiation, which agreement is to be negotiated and executed by the City Manager in accordance with this Ordinance; and WHEREAS, the City Council finds and determines that is in the City’s best interest to enter into Tax Installment Agreement for entities and people delinquent in paying taxes for the Subject Tax Structures because, on the one hand, the City will collect the taxes due and owing, and on the other hand, the entity or person will benefit as they will have more time to become economically viable; and WHEREAS, the City Council finds that the adoption of this ordinance is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment; and
WHEREAS, the City Council finds that this ordinance is good for public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Desert Hot Springs as follows:
Item Number: 17.
Section 1. RECITALS
That the foregoing recitals are true and correct and are herein adopted by this reference.
Section 2. ADDITION OF CHAPTER 3.06 “TAX INSTALLMENT
AGREEMENTS”
3.06.010 Policy.
The City Council finds and determines that it is in the City’s best interest of the City to enter into Tax Installment Agreements (“Agreement”) for entities and People delinquent in paying taxes for taxes relating to Chapter 3.20 “Transient Occupancy Tax”, 2) Chapter 3.33 “Marijuana Cultivation Tax”, 3) Chapter 3.34 “Marijuana Tax”, 4) Chapter 3.35 “Medical Marijuana Cultivation Tax,” and/or 5) Chapter 3.37 “Medical Marijuana Tax” (collectively “Subject Tax Structures”). On the one hand, such Agreement(s) will provide the City with an addition mechanism for collection of delinquent taxes, and on the other hand, the entity or person will benefit as they will have more time to become economically viable, providing a greater chance of tax remittance.
3.06.020 Authority / Content of Tax Installment Agreement.
A. The City, acting through the City Manager, or his/her designee, may initiate Tax Installment Agreements with entities or persons delinquent in paying taxes for the Subject Tax Structures.
B. The City Manager, or his/her designee shall have the sole authority to negotiate, execute and bind the City into a Tax Installment Agreement, and any amendments thereto, for the full amount of the taxes owed, without interest.
C. The Tax Installment Agreement shall be prepared to the satisfaction of the City Manager, or his/her designee. The City Attorney shall review and approve the agreement and any amendments as to form.
D. Nothing in the Agreement shall be construed as limiting the City’s rights in using whatever methods it deems appropriate to collect the delinquent taxes.
Section 3. SEVERABILITY
That, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.
Item Number: 17.
Section 4. REPEAL OF CONFLICTING PROVISIONS
That all the provisions of the Municipal Code as heretofore adopted by the City of Desert Hot Springs that are in conflict with the provisions of this ordinance are hereby repealed.
Section 5. AMENDING OF BAIL SCHEDULE
That the City Attorney’s Office is hereby directed to determine whether this ordinance necessitates amendment of the City’s Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside.
Section 6. EFFECTIVE DATE
That this ordinance shall take effect pursuant to law.
Section 7. CERTIFICATION
That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.
PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on the 5th day of July, 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________________
Scott Matas, Mayor
ATTEST:
________________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
________________________________
Jennifer A. Mizrahi, City Attorney
Item Number: 17.