Desert Hot Springs City Council
September 19, 2023

SR-23-212
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: September 19, 2023
Department: Community Development
Prepared by: Travis Clark, Community Development Director Subject: Memorandum of Understanding (MOU) with the County of Riverside to Provide Plan Review and Inspection Services for Onsite Wastewater Treatment Systems (OWTS) Within the City of Desert Hot Springs RECOMMENDATION:

Authorize the City Manager to execute, and make any substantive changes if necessary, a Memorandum of Understanding (MOU) with the County of Riverside, to provide plan review and inspection services for Onsite Wastewater Treatment Systems (OWTS) within the City of Desert Hot Springs.

BACKGROUND:

Certain areas within the City of Desert Hot Springs are not currently provided with access to public sewer from either the Mission Springs Water District or the Coachella Valley Water District. In such areas, an Onsite Wastewater Treatment System (OWTS) i.e. a "septic system" would be required in order to develop the property. The City is allowed to permit septic systems up to 3,500 gallons per day (gpd) in its review authority per the California Water Resources Control Board (Water Board). Systems larger than that would be required to be approved by the Water Board. Riverside County has an approved Local Area Management Program (LAMP) through the Water Board that allows the County to permit septic systems up to 10,000 gpd. Septic systems larger than that would have to be approved by the Water Board. Riverside County offers plan review and inspection of septic systems through the County Department of Environmental Health to cities within the County via a MOU.

DISCUSSION:

This MOU with Riverside County would provide these services to the City for a period of five (5) years.

The services consist of plan review and inspection of residential and commercial septic systems. This review will include inspections of the property and technical review of the soil percolation study to ensure compliance with the Riverside County LAMP and Water Board requirements. Riverside County also has the technical expertise to perform the testing, analysis, and reporting required by the Water Board. Turn around review time is 15 days for standard permits. Emergency repair approvals are approved over the counter. These services would be offered through the Indio office of the Riverside County Department of Environmental Health.

FISCAL IMPACT:

All plan review and inspection fees for a septic system will be paid directly by the applicant to the County.

Item Number: 8.

SR-23-212
ENVIRONMENTAL ANALYSIS:

The services provided in this MOU by the Riverside County Department of Environmental Health and will meet all requirements of the California Water Resources Control Board.

ATTACHMENTS:
1) MOU with Riverside County for Septic Systems within the City of Desert Hot Springs Item Number: 8.

1 MEMORANDUM OF UNDERSTANDING

BETWEEN

RIVERSIDE COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH
AND

THE CITY OF DESERT HOT SPRINGS
This Memorandum of Understanding (MOU) is made and entered into on September 19, 2023, by and between the CITY OF DESERT HOT SPRINGS, hereinafter referred to as “CITY” and the COUNTY OF RIVERSIDE, DEPARTMENT OF ENVIRONMENTAL HEALTH, hereinafter referred to as “COUNTY”, to be effective on the date approved by both parties.

I. RECITALS
WHEREAS, CITY desires Environmental Planning review, Technical Assistance, and Plan Review for Onsite Wastewater Treatment Systems (OWTS) in accordance with the Riverside County Local Agency Management Program (LAMP) and; WHEREAS, CITY does not have an approved LAMP and;
WHEREAS, COUNTY’s LAMP was approved by the Regional Water Quality Control Board and;
WHEREAS, CITY desires to abide by the Riverside County LAMP and; WHEREAS, CITY agrees to rescind any and all existing OWTS ordinances, rules and regulations, if applicable, prior to COUNTY’S review to avoid conflicting and duplicative rules and regulations and;
WHEREAS, CITY agrees to allow for billing of permit fees by COUNTY for services to be rendered, according to County of Riverside Ordinance No. 640 and; Item Number: 8.

2 WHEREAS, COUNTY has personnel with sufficient training and expertise to provide such services in accordance with the LAMP and;
WHEREAS, COUNTY is prepared to provide such services as set forth in Section C of this Memorandum of Understanding; and
WHEREAS, CITY and COUNTY agree to now enter into this Memorandum of Understanding for a period of five (5) years;
NOW THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, and having incorporated the Recitals, the parties mutually agree as follows:

II. TERMS AND CONDITIONS
A. SUMMARY
The CITY requires professional services as described herein from the COUNTY for review of Onsite Wastewater Treatment Systems (OWTS).

B. TERM
The term of this MOU shall be effective on the date written above. The MOU shall continue in effect for up to five (5) years, or until terminated as outlined in Section IV below.

C. SERVICES TO BE RENDERED
Plan Review/Approval/Denial Services: COUNTY will provide plan review of Item Number: 8.

3 OWTS for commercial and residential applications within the CITY; and after appropriate review, shall either approve, deny, or otherwise provide direction on, the application (“Determination”). After such Determination is made, such Determination shall be provided to the City in a timely manner. This review will include inspections of the property and technical review of the soil percolation study to ensure compliance with the Riverside County LAMP. Requests for an OWTS Determination by the COUNTY shall be accompanied by a City application and/or building permit and shall be submitted in an acceptable format by the project proponent to a County Environmental Health office for their review. The project proponent shall be responsible for the payment of any applicable fees, as established in County Ordinance 640 and codified in Riverside County Code, Ch. 4.52 for the type of review requested at the time of submission of the request, to cover the cost of services provided. All such review shall be provided within fifteen (15) working days of submittal of a completed application.

Planning Review: COUNTY will provide environmental planning review to the City for all residential and commercial projects proposing OWTS, to ensure compliance with Riverside County LAMP. The project proponent shall be responsible for the payment of any applicable fees, at the current hourly rate established in County Ordinance 640 as codified in Riverside County Code, Ch. 4.52, to cover the cost of services provided. All such reviews shall be provided within (20) twenty County working days of request for such services.

Inspection/Review of Annual Evaluation for Advanced Treatment Systems (ATS):

COUNTY will provide inspection and/or review of the annual evaluation report for ATSs as required in the LAMP. The project proponent and/or property owner shall be responsible for the payment of any applicable fees, as established in County Ordinance 640 and codified in Riverside County Code, Ch. 4.52, to cover the cost of services provided.

Services to be rendered specifically exclude COUNTY response to and enforcement of Item Number: 8.

4 any complaints regarding malfunction or failure of an OWTS. CITY agrees to enact any ordinances or regulations necessary to enforce the correction of any failure of any OWTS, and to enforce in a manner consistent with the LAMP.

CITY shall enact any necessary ordinances to allow for COUNTY to directly bill any applicant.

Except for those aforementioned ordinances and regulations that must be adopted by the CITY, CITY shall rescind, or suspend for the duration of this MOU and any subsequent renewals, any and all ordinances, regulations or other mandatory laws regarding OWTS systems within the CITY to avoid duplication of laws or conflicting laws. CITY shall also enact necessary implementation ordinances, regulations or other laws that would allow the provisions of the LAMP to control within the CITY’s border and also that would allow COUNTY to provide services under the LAMP.

The COUNTY’s performance under this MOU is contingent on the COUNTY having adequate legal authority and jurisdiction to perform the services described in this Section C, and the COUNTY shall not be required to perform under this Agreement if the CITY repeals or fails to adopt the ordinances necessary for the COUNTY to provide such services.

D. PERSONNEL
The services provided by the COUNTY shall be performed by COUNTY personnel under the control and direction of COUNTY. To the extent that CITY personnel may also participate in any of the activities herein provided for, CITY agrees to conduct those activities in accordance with the COUNTY LAMP, and any expenses by the CITY in this process shall be borne by CITY.

Item Number: 8.

5 E. MUTUAL HOLD HARMLESS/INDEMNIFICATION
1) CITY agrees to defend, indemnify, and hold harmless COUNTY, its directors, officers, agents, Board of Supervisors, elected and appointed officials, employees, and representatives from and against any liability, damages, costs, losses, claims and expenses, based or asserted upon any services of CITY, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this MOU, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever and resulting from any reason whatsoever arising from the performance of CITY under this MOU, its officers, agents, employees, subcontractors, agents or representatives.
2) In the event there is conflict between this foregoing clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve CITY from indemnifying the COUNTY to the fullest extent allowed by law.
3) With respect to any action or claim subject to indemnification herein by CITY, CITY shall, at their sole cost, have the right to use counsel of their own choice, subject to approval of COUNTY, which shall not be unreasonably withheld, and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of COUNTY provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CITY’S indemnification to COUNTY as set forth herein. CITY’S obligation to defend, indemnify and hold harmless COUNTY shall be subject to COUNTY having given CITY written notice within a reasonable period of time of the claim or of the commencement of the related action as the case may be, and information and reasonable assistance, at COUNTY’S expense, for the defense or settlement thereof.

Item Number: 8.

6 CITY’S obligation hereunder shall be satisfied when CITY has provided to COUNTY the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved.
4) COUNTY agrees to defend, indemnify, and hold harmless CITY, its directors, officers, agents, City Council, elected and appointed officials, employees, and representatives from and against any liability, damages, costs, losses, claims and expenses, based or asserted upon any services of COUNTY, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this MOU, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever and resulting from any reason whatsoever arising from the performance of COUNTY under this MOU, its officers, agents, employees, subcontractors, agents or representatives.
5) In the event there is conflict between this foregoing clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve COUNTY from indemnifying the CITY to the fullest extent allowed by law.
6) With respect to any action or claim subject to indemnification herein by COUNTY, COUNTY shall, at their sole cost, have the right to use counsel of their own choice, subject to approval of CITY, which shall not be unreasonably withheld, and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of CITY provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes COUNTY’S indemnification to CITY as set forth herein. COUNTY’S obligation to defend, indemnify and hold harmless CITY shall be subject to CITY having given COUNTY written notice within a reasonable period of time of the claim or of the Item Number: 8.

7 commencement of the related action as the case may be, and information and reasonable assistance, at CITY’S expense, for the defense or settlement thereof. COUNTY’S obligation hereunder shall be satisfied when COUNTY has provided to CITY the appropriate form of dismissal relieving CITY from any liability for the action or claim involved.

III. AMENDMENTS
Any amendment, modification, or variation from the terms of this MOU shall be in writing and shall be effective only upon mutual approval by the authorized parties.

IV. TERMINATION
Either CITY or COUNTY may terminate this MOU at any time by giving (30) days written notice with or without cause to the designated contacts. Upon receipt of any notice of termination on the agreed upon effective date of termination services shall cease thereafter. Upon termination of this MOU, any OWTS under permit and subject to annual inspection shall revert to the CITY for inspection and permitting. Any fees paid to the COUNTY for an annual permit prior to notification of termination, shall not be refunded by the COUNTY.

V. COMPLETE MEMORANDUM OF UNDERSTANDING
This written MOU, including all writings specifically incorporated hereby in reference, shall constitute the complete MOU between the parties hereto. No oral agreement or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement or representation be binding upon the parties hereto. Any previous agreements between the CITY and COUNTY, whether oral or written, with regards to the activities outlined in Section II.C of this MOU, shall be supplanted by this MOU. Other agreements or contracts between the CITY and Item Number: 8.

8 COUNTY, not involving OWTS, shall be unaffected by this MOU.

VI. JURISDICTION/VENUE
This MOU shall be governed by, and construed in accordance with, the laws of the State of California. CITY agrees and consents to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this MOU and further agrees and consents that venue of any action brought hereunder shall be exclusively in the County of Riverside.

Item Number: 8.

9 VII. NOTICE
All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows:

CITY: COUNTY:

County of Riverside
Department of Environmental Health
4065 County Circle Drive
Riverside, CA 92503
VIII. AUTHORITY TO EXECUTE MEMORANDUM OF UNDERSTANDING
Both CITY and COUNTY do covenant to each individual executing this MOU on behalf of each party is a person duly authorized.

IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed

CITY OF DESERT HOT SPRINGS
_________________________________ Dated:

Doria Wilms, Interim City Manager

COUNTY OF RIVERSIDE
_________________________________ Dated:

Jeff Johnson, Director of Environmental
Health
Item Number: 8.

10 Item Number: 8.

11 APPROVED AS TO FORM:

Minh C. Tran
County Counsel
__________________________________
Caroline K. Monroy, Deputy County Counsel
Item Number: 8.

SR-23-219
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: September 19, 2023
Department: City Council
Prepared by: City Council Sub-Committee on Policy and Procedures:

Councilmember, Gary Gardner; and Councilmember, Jan Pye Subject: An Ordinance Amending Chapter 2.24 "Departments, Boards and Commissions," Section 2.24.050 "Removal" as It Pertains to Absences in the Desert Hot Springs Municipal Code; and
RECOMMENDATION:
1) Introduce for First Reading and read by title only: "An Ordinance of the City Council of the City of Desert Hot Springs, California, Amending Chapter 2.24 "Departments, Boards and Commissions," Section 2.24.050 "Removal" as It Pertains to Absences in the Desert Hot Springs Municipal Code;" and
2) Approve a revision to the "City Council and Commissions Meeting Guidelines and Procedures Policy" to mirror the language in the proposed ordinance.

BACKGROUND:

The City Council appointed Councilmember Gardner and Councilmember Pye (“Subcommittee”) to review policies and procedures and bring forth revisions to be considered by the City Council as a whole.

DISCUSSION:

Currently, Section 2.24.050 (C) of the Desert Hot Springs Municipal Code ("DHSMC") does not allow for excused absences of commissioners or board members.

The proposed ordinance amends DHSMC Section 2.24.050 (C) as follows:

C. A board or commission member may request advance permission from the City Clerk to be absent at one (1) or more regular or special meetings due to extenuating circumstances, and/or may request the City Clerk to excuse an absence after-the-fact where such extenuating circumstances prevented the member from seeking advance permission to be absent. If such permission or excuse is granted by the City Clerk, the absence shall not be counted toward the limitations stated below on absences.

If a member fails to attend three consecutive regular meetings, or 25 percent of the duly scheduled meetings of the board or commission within any calendar year, his or her office shall thereupon become vacant and shall be filled as any other vacancy. The City Clerk shall:

Item Number: 9.

SR-23-219

1. Send a warning letter via regular first class mail to a member when he or she has two absences; and

2. Send a letter via regular first class mail to a member advising him or her that his or her office is vacated upon the failure of that member to attend either: (a) three consecutive regular meetings, or (b) 25 percent of the duly scheduled meetings of the board or commission within any calendar year, as provided in this section.

FISCAL IMPACT:

None.

ATTACHMENTS:
1) Ordinance Amending Absences for Boards Commissions
2) Proposed Council Revisions to Policy and Guidelines
Item Number: 9.

ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS, CALIFORNIA, AMENDING CHAPTER 2.24
“DEPARTMENTS, BOARDS AND COMMISSIONS”, SECTION 2.24.050 “REMOVAL” AS IT PERTAINS TO ABSENCES IN THE DESERT HOT

SPRINGS MUNICIPAL CODE
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 rules pertaining to boards and commissions designed to promote public convenience and general prosperity, as well as public health, welfare and safety; and
WHEREAS, Chapter 2.24 of the City’s Municipal Code establishes and provides for the creation, duties, authority, rules regarding city departments, boards, and commissions; and
WHEREAS, Section 2.24.050 regulates removal of a commissioner or board member, and also regulates absences of commissioners and board members; and WHEREAS, Section 2.24.050(c) does not allow for excused absences of commissioners or board members; and
WHEREAS, in order to allow for excused absences of board members or commissioners, the City Council has determined that it is in the best interests of the City and its boards and commissions.

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

Section 1. RECITALS
That the above recitals are true and correct and are incorporated as though fully set forth herein.

Section 2. AMENDMENT OF SECTION 2.24.050 REMOVAL OF THE

DESERT HOT SPRINGS MUNICIPAL CODE
Section 2.24.050 of the Desert Hot Springs Municipal Code shall be amended to read as follows:

2.24.050 Removal.

A. Any member of a board or commission of the City may be summarily removed from office at any time, with or without cause, by the official (Mayor or Councilmember) who appointed him or her with ratification by a majority vote of the City Council.

Item Number: 9.

B. Any member of any board or commission of the City may be summarily removed from office at any time, with or without cause, by an affirmative vote of at least four members of the City Council.

C. A board or commission member may request advance permission from the City Clerk to be absent at one (1) or more regular or special meetings due to extenuating circumstances, and/or may request the City Clerk to excuse an absence after-the-fact where such extenuating circumstances prevented the member from seeking advance permission to be absent. If such permission or excuse is granted by the City Clerk, the absence shall not be counted toward the limitations stated below on absences.

If a member fails to attend three consecutive regular meetings, or 25 percent of the duly scheduled meetings of the board or commission within any calendar year, his or her office shall thereupon become vacant and shall be filled as any other vacancy. The City Clerk shall:

1. Send a warning letter via regular first class mail to a member when he or she has two absences; and

2. Send a letter via regular first class mail to a member advising him or her that his or her office is vacated upon the failure of that member to attend either: (a) three consecutive regular meetings, or (b) 25 percent of the duly scheduled meetings of the board or commission within any calendar year, as provided in this section.

D. If a member appointed after the effective date of the ordinance codified in this section fails to maintain his or her status as a bona fide resident and registered voter of the City, his or her office shall thereupon become vacant and shall be filled as any other vacancy. (Ord. 571 2-2-16; Ord. 562 2-3-15; prior code § 32.05) 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 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 Item Number: 9.

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.

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs, California, at a regular meeting held on the ____ day of _________ 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________
Scott Matas, Mayor
ATTEST:
________________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
________________________________
Jennifer A. Mizrahi, City Attorney
Item Number: 9.

City Council and Commissions

MEETING GUIDELINES AND PROCEDURES POLICY
Item Number: 9.

Meeting Guidelines and Procedures Page i
City of Desert Hot Springs

CITY COUNCIL AND COMMISSIONS

MEETING GUIDELINES AND PROCEDURES

TABLE OF CONTENTS

1.0 MAYOR-ELECT AND COUNCILMEMBERS-ELECT.................................................1

1.1. Ralph M. Brown Act Conduct..................................................................1

2.0 MEETINGS OF THE CITY COUNCIL .......................................................................1

2.1. Applicability of the Ralph M. Brown Act ................................................1

2.2. Applicability of Rosenberg’s Rules of Order ..........................................1

2.3. Majority Vote ............................................................................................1

3.0 LOCATION OF ALL CITY COUNCIL MEETINGS....................................................1

3.1. Location of All Meetings ..........................................................................1

4.0 AGENDA PREPARATION .....................................................................................1

4.1. City Manager............................................................................................1

5.0 PRESIDING OFFICER .............................................................................................2

5.1. Mayor ........................................................................................................2

5.2. Mayor Pro Tem..........................................................................................2

5.3. Absence of Mayor and Mayor Pro Tem.................................................2

6.0 APPOINTMENTS ....................................................................................................3

6.1. Mayor Pro Tem..........................................................................................3

6.2. Councilmember Appointments to Boards, Committee, and Commissions.............................................................................................3

6.3. Commissions.............................................................................................3

6.4. Commissioner Conduct...........................................................................4

6.5. Commissioner Removal and Absences.................................................4 Item Number: 9.

Meeting Guidelines and Procedures Page ii

7.0 CLOSED SESSION..................................................................................................5

7.1. Purpose......................................................................................................5

7.2. Order of Business – Closed Session ........................................................5

7.2.1 Call to Order.................................................................................. 5

7.2.2 Approval of the Agenda.............................................................. 6

7.2.3 Public Comments ......................................................................... 6

7.2.4 Adjourn to the Closed Session .................................................... 6

7.3. Permissible Closed Session Attendees.................................................. 6

7.4. Confidentiality ..........................................................................................6

8.0 REGULAR MEETINGS – OPEN SESSION ................................................................7

8.1. Purpose......................................................................................................7

8.2. Order of Business – Regular Meeting......................................................7

8.2.1 Call to Order...................................................................................7

8.2.2 Roll Call...........................................................................................7

8.2.3 Pledge of Allegiance ....................................................................7

8.2.4 Moment of Inspiration ...................................................................7

8.2.5 Closed Session Report...................................................................7

8.2.6 Approval of the Agenda...............................................................8

8.2.7 Public Comments ..........................................................................8

8.2.8 Public Hearing................................................................................8

8.2.9 Administrative Calendar...............................................................9

8.2.10 Consent Calendar .........................................................................9 Item Number: 9.

Meeting Guidelines and Procedures Page iii

8.2.11 Public Comments ........................................................................10

8.2.12 Mayor and City Councilmember Comments...........................10

8.2.13 City Manager Report...................................................................10

9.0 SPECIAL MEETINGS.............................................................................................10

10.0 EMERGENCY MEETINGS.....................................................................................11

11.0 DECORUM AND ORDER .....................................................................................11 EXHIBIT A.......................................................................................................................14

EXHIBIT A-1 ...................................................................................................................15 EXHIBIT B........................................................................................................................16 REFERENCES ..................................................................................................................17 Item Number: 9.

Meeting Guidelines and Procedures Page 1

1.0 MAYOR-ELECT AND COUNCILMEMBERS-ELECT

1.1. Ralph M. Brown Act Conduct
Any person elected to serve as the Mayor or a Councilmember who has not yet assumed the duties of the subject office shall conform his or her conduct to the regulations of the Ralph M. Brown Act (the “Brown Act”) and such persons shall be treated for purposes of enforcement of the Brown Act as if he or she has already assumed office.i

2.0 MEETINGS OF THE CITY COUNCIL

2.1. Applicability of Ralph M. Brown Act
The Ralph M. Brown Act shall govern all meetings of the City Council and qualifying Committees and Commissions, as determined by the City Attorney.

2.2. Applicability of Rosenberg’s Rules of Order
In the absence of a rule herein to govern a point of procedure, Rosenberg’s Rules of Order shall control.

3.3. Majority vote
A majority of the City Council shall mean the majority of the councilmembers in attendance, unless otherwise proscribed by law.

3.0 LOCATION OF ALL CITY COUNCIL MEETINGS

3.1. Location of All Meetings
Meetings of the City Council shall be held at the place designated by ordinance within the jurisdictional boundaries of the City of Desert Hot Springs.ii

4.0 AGENDA PREPARATION

4.1. City Manager
It shall be the responsibility of the City Manager, assisted by the City Clerk, to prepare all City Council meeting agendas, including the various boards, committees or commissions that the City Councilbody may sit as.

Requests for placement of an item on agenda must be submitted to the City Manager by staff.

The City Manager shall have sole discretion as to the agenda content, with the exception of those items submitted and/or requested by Council Item Number: 9.

Meeting Guidelines and Procedures Page 2
as adopted by Resolution, as amended, but which currently is as follows:

Solely with respect to placing future items on the agenda by councilmembers or the mayor, the city manager is authorized and directed to do so as follows:
(1) by direction of the mayor; and
(2) by direction of two city councilmembers.

Councilmembers wishing to place items on a future agenda shall submit requests to the city manager at least ten (10) days before the council meeting. The items shall be placed on the agenda for discussion purposes only, and not as action items. The item shall identify the mayor or councilmembers making the request and contain a brief description of the subject matter. The city council, during the discussion item, will consider whether to direct staff to place an item on a future agenda for action. Upon direction of a majority of the city council present, staff will prepare a staff report and other documents as may be needed for any future action item.

This policy does not affect urgency items, which are those limited situations where an item requires immediate action, and the need to take immediate action came to the attention of the
councilmember subsequent to the distribution of the agenda.

5.0 PRESIDING OFFICER

5.1. Mayor
The Mayor shall preside at the meetings of the City Council.iii

5.2. Mayor Pro Tem
If the mayor is absent or unable to act, the Mayor Pro Tem shall serve until the Mayor returns or is able to act.iv The Mayor Pro Tem shall have all of the powers and duties of the Mayor in his or her absence.v

5.3. Absence of Mayor and Mayor Pro Tem
In the absence of the Mayor and Mayor Pro Tem, the majority of the three remaining Councilmembers shall select by majority vote of the councilmembers in attendance who shall serve as the presiding officer.

Item Number: 9.

Meeting Guidelines and Procedures Page 3

6.0 APPOINTMENTS

6.1. Mayor Pro Tem
The position of Mayor Pro Tem shall be appointed by the Mayor and ratified by the majority of the City Council at the first regularly scheduled Council meeting of December of each year.

6.2. Councilmember Appointment to Boards, Committees, and Commissions
The appointments shall be made pursuant to Chapter 2.24 “Departments, Boards, and Commissions” of the DHSMC, as amended. Mayor shall appoint Council members to all City and intergovernmental Boards and Committees.

6.3 Commissions.

Pursuant to DHSMC Chapter 2.24, the Mayor and each City Councilmember shall appoint one member to each commission, created by the City Council, subject to ratification by a majority vote of the City Council, and in compliance with the City Council and Commissions Meeting Guidelines and Procedures.

Pursuant to DHSMC Section 2.24.020, appointments to Commissions are made at the first regular City Council meeting in January following each regular election year.

In furtherance of DHSMC Sections 2.24.020(a) dealing with Commission appointments, and 2.24.030(a) dealing with
Commission vacancies, all members of the City Council shall have an opportunity to review the applications of the Commission applicant(s) as follows:
a. The Councilmember who is responsible for the appointment of a Commissioner shall notify the City Clerk prior to time the agenda is posted for the meeting at which the proposed Commissioner appointment is to be made of the name of the proposed
Commissioner. The City Clerk shall include the names and applications of all persons who submitted an application for the Commission in the agenda packet, including that of the
proposed Commissioner.
b. The proposed Commissioner, but not all applicants, shall appear at the council meeting when the appointment is being made and shall be available to answer questions from the
Item Number: 9.

Meeting Guidelines and Procedures Page 4
councilmembers.
c. If an appointment to any Commission is not made within 60 days of vacancy, the Mayor, or Mayor Pro Tem in the Mayor’s
absence, shall make the appointment, subject to ratification by a majority of the City Council present at the meeting.

6.4 Commissioner Conduct.

6.4.1. Members of all City Commissions are required to maintain a professional and courteous decorum during public meetings and will not act in a way that compromises or embarrasses the City, and shall be devoid of any personal attacks,
profanity, bullying, acts of intimidation, threats, or partisan political statements.

6.4.2 Commissioners are expected to be fully familiar with all agenda items and must adequately prepare for commission meetings.

6.4.3 Commissioners must not use confidential information to further a personal interest and must not disclose confidential information. Commissioners must publicly disclose any
personal interests and abstain from participation in a matter in which the commissioner has a personal interest or conflict and will leave the meeting while the item is being discussed and acted upon.

6.4.4 Violations are subject to the provisions of Section 12.

6.5 Commissioner Removal and Absences.

Commissioners shall be made aware of regulations regarding removal from office and absences. Such regulations are set forth in Section 2.24.050 of the DHSMC, as may be amended from time to time. Such section currently reads as follows:

2.24.050 Removal.

A. Any member of a board or commission of the City may be summarily removed from office at any time, with or without cause, by the official (Mayor or Councilmember) who appointed him or her with ratification by a majority vote of the City Council.

B. Any member of any board or commission of the City may be Item Number: 9.

Meeting Guidelines and Procedures Page 5
summarily removed from office at any time, with or without cause, by an affirmative vote of at least four members of the City Council.

C. A board or commission member may request advance
permission from the City Clerk to be absent at one (1) or more regular or special meetings due to extenuating circumstances, and/or may request the City Clerk to excuse an absence afterthe-fact where such extenuating circumstances prevented the member from seeking advance permission to be absent. If such permission or excuse is granted by the City Clerk, the absence shall not be counted toward the limitations stated below on absences.

If a member fails to attend three consecutive regular meetings, or 25 percent of the duly scheduled meetings of the board or commission within any calendar year, his or her office shall thereupon become vacant and shall be filled as any other vacancy. The City Clerk shall:

1. Send a warning letter via regular first class mail to a member when he or she has two absences; and

2. Send a letter via regular first class mail to a member advising him or her that his or her office is vacated upon the failure of that member to attend either: (a) three
consecutive regular meetings, or (b) 25 percent of the duly scheduled meetings of the board or commission within
any calendar year, as provided in this section.

D. If a member appointed after the effective date of the ordinance codified in this section fails to maintain his or her status as a bona fide resident and registered voter of the City, his or her office shall thereupon become vacant and shall be filled as any other vacancy. (Ord. 571 2-2-16; Ord. 562 2-3-15; prior code § 32.05)

7.0 CLOSED SESSION

7.1. Purpose
The City Council may only hold a closed session to discuss the matters listed under the Brown Act.

7.2. Order of Business – Closed Session
The order of business for a Closed Session shall be listed on the agenda and may include:

Item Number: 9.

Meeting Guidelines and Procedures Page 6

7.2.1 Call to Order
The designated presiding officer may call the Closed Session to order as soon as a quorum of the City Council is present but no sooner than the time the Closed Session has been posted to commence.

7.2.2 Approval of the Agenda
The City Council may approve the Closed Session agenda
prior to adjourning to the closed session. A majority vote of the City Council is required to change the order of the agenda or remove an item from the closed session agenda.

7.2.3 Public Comments
(a) The public may address the City Council on any Closed Session item prior to the Council Adjourning to closed
session, under the established rules of decorum for public comments and testimony in general; and
(b) The City Council is prohibited from taking any action on any item not appearing on the agenda unless the action
is otherwise authorized by law.

7.2.4 Adjourn to the closed session meeting
The presiding officer shall adjourn to the closed session meeting.

7.3. Permissible Closed Session Attendees
Attendance of a closed session is limited to those persons actually necessary to advise or take direction from the City Council on a specific agenda item for that session.

7.4. Confidentiality
(a) Proceedings conducted in Closed Session are deemed
confidential and no person in attendance at a Closed Session shall publicly disclose the discussions or the actions taken in Closed Session, unless otherwise permitted or required under the law.vi Penalties and remedies are set forth in state law; and (b) All attendees at a closed session shall place all personal electronic devices capable of audio or video recordings in the “off” mode and such items will be placed in a designated location where they are inaccessible during the meeting.

Item Number: 9.

Meeting Guidelines and Procedures Page 7
Upon completion of the closed session agenda items, the council shall adjourn the closed session and reconvene in regular open session.

8.0 REGULAR MEETINGS – OPEN SESSION.

8.1. Purpose
Regular meetings shall be an opportunity to conduct City business, and shall involve approval of the minutes of the last meetings, proclamations, awards, councilmember reports, committee reports, staff reports, public hearing, audience communications, and all other scheduled business.

8.2. Order of Business – Regular Meeting

8.2.1 Call to Order
The designated presiding officer shall call the Regular meeting to order as soon as a quorum of the City Council is present but no sooner than the time the Regular meeting has been posted to commence.

8.2.2 Roll Call
(a) The City Clerk shall take a verbal roll call of all Councilmembers present at the Regular meeting
immediately after the designated presiding officer calls the Regular meeting to order and the names of those
present and absent shall be entered in the minutes;
(b) The order of the roll call shall be alphabetical except that the Mayor shall be called last; and
(c) If a quorum of the City Council is present, the City Clerk shall declare for the record that a quorum is present.

8.2.3 Pledge of Allegiance
The Presiding Officer shall designate any individual at the meeting to lead the City Council, City administrative staff and the public in reciting the Pledge of Allegiance to the United States flag.

8.2.4 Moment of Inspiration
The Presiding Officer may designate any individual at the meeting to deliver a non-denominational moment of
Item Number: 9.

Meeting Guidelines and Procedures Page 8
inspiration.vii

8.2.5 Closed Session Report
After any closed session, the City Council shall reconvene into open session. The City Attorney shall disclose the action taken in the closed session pertaining to subject matters permitted under the Brown Act. If a closed session occurs at the end of a meeting, the City Attorney shall also disclose the action taken at the next regular meeting during the agenda item titled City Attorney Report on Closed Session.

8.2.6 Approval of the Agenda
The City Council shall approve the agenda. A majority vote of the City Council is required to remove items from the agenda. Councilor’s requests for items to be removed from consent agenda will be announced prior to the approval of the agenda.

8.2.7 Public Comments
The public shall have an opportunity to directly address the City Council on any item of interest to the public that is not on the agenda but is within the subject matter jurisdiction of the City Council.viii
(a) The City Council is prohibited from taking any action on any item not appearing on the agenda unless the action
is otherwise authorized by law;
(b) Each speaker shall be entitled to speak during the public comment period for a total of three minutes unless waived by the presiding officer or a majority of the City Council; andix
(c) At the discretion of the providing officer, public comments may be continued to a point in the meeting after the
official business on the agenda has been concluded.

8.2.8 Public Hearing
Any written documentation to be considered by the City
Council at a public hearing, whether provided by a member of the public or a Councilmember, must also be presented to the City Clerk, who shall be responsible for retaining the original of the document as a public record and delivering a copy to each of the Councilmembers and relevant City
Item Number: 9.

Meeting Guidelines and Procedures Page 9
personnel.

Unless otherwise required by state law or the Municipal Code, public hearings shall be conducted in the following order:
(a) Staff introduction and review;
(b) Open Public Hearing;
(c) Testimony by person who is the subject of the hearing (Proponent/Applicant);
(d) Speakers in support of the request;
(e) Speakers opposing the request;
(f) Speakers neutral;
(g) Applicant rebuttal (defined as responding to objections from speakers; Proponent/Applicant shall not discuss new topics);
(h) Public testimony closed by the Presiding Officer: Public testimony may need to be re-opened if applicant or other member of the public is permitted to speak following
closure of the public hearing to ensure that the conduct of the hearing conforms to all relevant due process
requirements;
(i) Deliberation by Councilmembers: Councilmembers are
encouraged to address questions to City staff only so as to avoid the necessity of reopening the public hearing to
ensure that the conduct of the hearing conforms to all
relevant due process requirements; and
(j) Action by City Council

8.2.9 Administrative Calendar
The Administrative Calendar includes those that do not
involve a public hearing and those that cannot be added to the consent calendar. Typically, administrative items include consideration of proposed ordinances and all other items that require discussion amongst the Councilmembers.

8.2.10 Consent Calendar
(a) The consent calendar is intended to save time by allowing approval of several routine, non-controversial items with a single motion and may include the second reading of
ordinances;
Item Number: 9.

Meeting Guidelines and Procedures Page 10
(b) The individual items will not be discussed or debated unless pulled from the Consent Calendar for the discussion. Items may be pulled from the consent calendar by any member
of the council, at the time the agenda is approved; and (c) Consent Calendar items shall include, but are not limited to:
(i) Approval of Minutes.

A motion to approve is not required, except in the
instance where there is disagreement among the
Councilmembers concerning a correction.
(ii) Register of Demands.

The demand register listing the charges made
against each budgetary fund and account since
the previous City Council meeting may be
approved by a majority of the Council.

8.2.11 Public Comments
All remaining speakers shall be afforded an opportunity to speak at this time on any item not listed in the Regular meetings agenda. Each speaker will be afforded three (3) minutes to speak, unless more time is granted by the presiding officer.

8.2.12 Mayor and City Councilmember Comments
The Mayor or any Councilmember may report on meetings
attended for other governmental agencies on behalf of the city, attendance at community events, and meetings with constituents or other groups as well as bringing any new business before the Council under Mayor and
Councilmember Comments portion of the Agenda. No
discussion of such items shall be allowed and no action on such matters may be taken until a subsequent meeting,
unless such item is deemed to be an urgency or emergency item. The Mayor or any Councilmember may respond to any public comment on an item or matter which has not been
placed on the Agenda.

8.2.13 City Manager Reports
The City Manager shall report on informational matters such as meetings or events which may be of potential interest to the City Council and the status of any state and national legislation that may impact the City, progress on upcoming or Item Number: 9.

Meeting Guidelines and Procedures Page 11
ongoing city projects, reports on city financial matters, updates on police and fire department issues, city personnel, and any other items the city manager shall deem of interest to the council.

9.0 SPECIAL MEETINGS
The City Council may call Special Meetings in compliance with the Ralph M. Brown Act.

10.0 EMERGENCY MEETINGS
The City Council may call Emergency Meetings in compliance with the Ralph M. Brown Act.

11.0 MEETING DECORUM AND ORDER

11.1 Desert Hot Springs officials and employees will treat members of the public with respect and expect the same in return. The City is committed to maintaining orderly City Council meetings, free from disruption.

11.2 All interactions between City staff, City elected officials, and members of the public will be conducted in a respectful manner. A Council Member may not speak during a meeting unless first recognized by the presiding officer.

11.3 Threats of violence will not be tolerated.

11.4 Loud, insulting, demeaning or offensive communications will not be tolerated if they substantially impair the effective conduct of the meeting.

11.5 The City will not tolerate any individual, employee, or elected official who disrupts or threatens to disrupt City government operations, threatens the health and safety of staff or councilmembers, willfully causes property damage, uses loud and/or offensive written or oral language which could provoke a violent reaction, or who has otherwise established a continued pattern of uncivil behavior.

11.6 No person attending a Public Meeting shall engage in disorderly or boisterous conduct, which substantially impairs the effective conduct of the meeting, including but not limited to excessive applause, excessive whistling, excessive stamping of feet, excessive Item Number: 9.

Meeting Guidelines and Procedures Page 12
booing or making any loud, threatening, profane, abusive, personal, impertinent, or slanderous utterance that disturbs, disrupts, or otherwise impedes the orderly conduct of the meeting.

11.7 All remarks by members of the public shall be addressed to the Mayor or presiding officer and not to any other member of the public or to a single Council, Board or Commission Member unless in response to a question from that Member.

11.8 Signs, placards, banners, or other similar items shall not be permitted in the audience during a Public Meeting if the presence of such item substantially impairs the effective conduct of the meeting.

11.9 The presiding officer shall be responsible for maintaining the decorum at the public meeting and uniformly enforcing the rules of decorum.

11.10 If any person continues to breach the rules of decorum in a manner that disturbs, disrupts, or otherwise impedes the orderly conduct of the meeting following an order from the presiding officer to cease the conduct, the presiding officer may order the person to leave the public meeting.

11.11 If any person refuses to leave the public meeting following an order from the presiding officer, the presiding officer may order any law enforcement officer on duty to remove the person from the public meeting.

11.12 Except as otherwise specifically allowed and consented to by the presiding officer, no member of the public shall be permitted in any of the following areas:
(a) Behind the dais;
(b) Behind the area where City Staff sits; or
(c) In the well area, which is the open area directly in front of the dais and extending outward to the podium area.

12.0 COUNCIL AND COMMISSION MEMBER CONDUCT

12.1 The standards of conduct established here are intended to be selfenforcing by the City Council, and apply to the members of the Council, including the Mayor, and appointed members of city commissions.

12.2 City Council members and appointed Commissioners are expected Item Number: 9.

Meeting Guidelines and Procedures Page 13
to adhere to all official personnel policies and standards adopted by the city and as contained in the personnel handbook(s) and guidance used by the city for all employees. All council members and commissioners shall be given a policy handbook upon taking office and will sign a statement acknowledging receipt of the policies and agreeing to abide by them.

12.3. The Mayor or Mayor Pro Tem, if the Mayor has an actual or perceived conflict, shall intake any complaint regarding a proposed sanction of a council member or appointed
commissioner, including the Mayor. All complaints regarding a proposed sanction must come from a minimum of two (2)
councilmembers. The complaint regarding a proposed sanction shall be placed on an agenda for discussion purposes only. If approved by the majority of the City Council, the proposed sanction shall be placed on the next available City Council agenda for action.

13.0 MISCELANEOUS COUNCIL AND COMMISSION MEMBER CONDUCT

PROVISIONS

13.1 If a council member or commissioner requests the city to prepurchase or pay for the member to attend an event or meeting and the member is not subsequently able to attend that meeting or event, he or she must notify the city manager and attempt to find an alternate attendee who is a suitable representative for the city such as an appointed commissioner or a city staff member.

If the council member or commissioner does not attend or find an alternate attendee, then the city will not purchase or pay for future events or meetings for that member. The member may use personal funds to purchase a ticket or pay for attendance and be reimbursed as authorized by the city manager upon presentation of proof of attendance.

13.2 The City may provide city logo branded items to appointed commissioners. Such items may only be worn or used when attending city council and official commission meetings, or at conferences, training sessions, and community events when the commissioner is acting in their official capacity as a commissioner or attending a meeting with a city council member. An initial violation of this policy would result in a letter of reprimand from the city attorney. Additional violations would result in removal from the appointment.

Item Number: 9.

Meeting Guidelines and Procedures Page 14
Exhibit A

WORKFLOW TO ADD ITEMS TO ANY CITY COUNCIL AGENDA
City Manager
City Council Meeting
agendas are managed
and prepared by the
City Manager, assisted
by the City Clerk
Mayor City Attorney Any Two
Councilmembers
Item Number: 9.

Meeting Guidelines and Procedures Page 15
Exhibit A-1

WORKFLOW TO ADD ITEMS TO ANY COMMISSION OR COMMITTEE AGENDA Chair City Attorney Any Two Commissioners/
Committee Members
City Manager
Commission/Committee
Meeting agendas are
managed and prepared by
the City Manager, assisted
by the City Clerk
Item Number: 9.

Meeting Guidelines and Procedures Page 16
Exhibit B

WORKFLOW TO CALL A SPECIAL MEETING
Mayor
City Manager
Any
three Councilmembers
City Council Meeting
agendas are managed and
prepared by the
City Manager, assisted by
the City Clerk
Item Number: 9.

Meeting Guidelines and Procedures Page 17

REFERENCES
i. Govt. Code ' 54952.1; (mayor-elect, councilmember-elect) ii. Govt. Code ' 54954, subd. (a); (location of meeting; general rule) iii. Govt. Code ' 36802; (presiding officer)
iv. Govt. Code ' 36802 (presiding officer)
v. Govt. Code ' 36802 (presiding officer)
vi. Attorney General Opinion 87-410
xvi. Marsh v. Chambers 463 U.S. 783 (1983) (invocation) viii. Govt. Code ' 54954.3 subd. (a); (opportunity for public to address city council) ix. Govt. Code ' 54954.3 subd. (b); (public comments; time limitations) Item Number: 9.

SR-23-216
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: September 19, 2023
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: An Ordinance Amending Chapter 1.10 "City Seal and Insignias" of the Desert Hot Springs Municipal Code
RECOMMENDATION:

Introduce for First Reading and read by title only: "An Ordinance of the City of Desert Hot Springs amending Chapter 1.10 "City Seal and Insignias" of the Desert Hot Springs Municipal Code.

DISCUSSION:

The City's official Seal and Logo is used by the City for certain purposes. The proposed ordinance amends DHSMC Chapter 1.10 to reflect the following:
• Reflects the official City Seal and Logo currently in use; • Ensures that the official City Seal and Logo are used only for purposes directly related to the official business of the City of Desert Hot Springs;
• Prohibits unauthorized use of the Seal and Logo to prevent fraud, deception, misrepresentation, and/or abuse; and
• Removes redundant language.

FISCAL IMPACT:

None.

ATTACHMENTS:
1) Proposed Ordinance
Item Number: 10.

1 ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS AMENDING THE FOLLOWING CHAPTER 1.10 “CITY
SEAL AND INSIGNIAS”
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 City Seal, City logos, and other City insignias in a manner designed to promote public convenience and general prosperity, as well as public health, welfare and safety; and
WHEREAS, Government Code section 34501 provides in part, ““Every city organized pursuant to this part shall … have a common seal, alterable at the pleasure of the legislative body;” and
WHEREAS, there are several state laws including Government Code section 64501.5 and Elections Code Section 18304 that prohibit seals to be used in political campaigns with the intent to deceive the voters/in a manner that creates a misleading, erroneous, or false impression that the campaign material is authorized by a public official; and
WHEREAS, the City desires to protect its official Seal and the official Logo from all unauthorized uses to prevent fraud, deception, misrepresentation, and/or abuse; and WHEREAS, the City Council seeks to ensure that the official Seal and the official Logo are used only for purposes directly related to the official business of the City of Desert Hot Springs; and
WHEREAS, adoption and enforcement of this Ordinance lies within the City’s police power; 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. CHAPTER TO BE AMENDED
That the City Council hereby amends the following Chapter 1.10 of the Desert Hot Springs Municipal Code to read as follows:

Item Number: 10.

2 Chapter 1.10: City Seal and Logo Insignias

1.10.010 City’s official corporate seal.

A. The official seal of the City of Desert Hot Springs shall be the seal illustrated and depicted in Exhibit “A” (“Seal”).

B. The official corporate Seal of the City of Desert Hot Springs shall be maintained in the office of the City Clerk, and a copy of its depiction shall be available for inspection by the public during all regular business hours.

C. The City Clerk shall have custody and charge of the City’s corporate Seal.

D. The City’s corporate seal shall be the property of the City. The City’s corporate Seal may be used by the City and its duly authorized employees and officials on official documents, and for such other purposes for which municipal corporate seals are usually and customarily used.

E. No person shall make, reproduce, manufacture, display or use the City’s corporate seal or its design or any design that closely resembles the City’s corporate seal for any purpose other than for official City purposes by an official of the City.

1.10.020 City’s Official Logo insignia.

A. The official logo of the City of Desert Hot Springs shall be the logo illustrated and depicted in Exhibit “B” (“Logo”).

B. The official insignia Logo of the City shall be maintained in the office of the City Clerk, and a copy of its depiction shall be available for inspection by the public during all regular business hours.

C. The City Clerk shall have custody and charge of the Logo City’s insignia.

D. The City’s insignia Logo shall be the property of the City. The City’s insignia Logo may be used by the City and its duly authorized employees and officials on official documents, and for such other purposes for which municipal logos insignias are usually and customarily used.

E. The City Manager shall adopt a policy for use of the City Logo. The City Logo, in general, shall be used in a manner that is less formal than the Seal.

E. Unless otherwise provided in this section, no person shall make, reproduce, manufacture, display or use the City’s insignia or its design or any design that closely resembles the City’s insignia for any purpose other than for official City purposes by an official of the City. (Ord. 539 8-6-13)
Item Number: 10.

3 1.10.030 Desert Hot Springs Police Department insignias.

B. The official insignias of the Police Department of the City shall be maintained in the office of the Police Chief, and a copy of its depiction shall be available for inspection by the public during all regular business hours.

C. The Police Chief shall have custody and charge of the Police Department’s official insignias.

D. he Police Department’s official insignias shall be the property of the Police Department. The Police Department’s official insignias may be used by the Police Department, its employees and officials as may be authorized by the Police Chief on official documents, and for such other purposes permitted by the Police Chief for official Police Department purposes.

E. No person shall make, reproduce, manufacture, display or use the Police Department’s official insignias or their design or any design that closely resembles the Police Department’s official insignias for any purpose other than for official Police Department purposes as may be authorized by the Police Chief. (Ord. 539 8-6-13)

1.10.040 Desert Hot Springs Fire Department insignias.

A. The official insignias of the Fire Department of the City of Desert Hot Springs shall be maintained in the office of the Fire Chief, and a copy of its depiction shall be available for inspection by the public during all regular business hours.

B. The Fire Chief shall have custody and charge of the Fire Department’s official insignias.

C. The Fire Department’s official insignias shall be the property of the Fire Department. The Fire Department’s official insignias may be used by the Fire Department, its employees and officials as may be authorized by the Fire Chief on official documents, and for such other purposes permitted by the Fire Chief for official Fire Department purposes.

D. No person shall make, reproduce, manufacture, display or use the Fire Department’s official insignias or their design or any design that closely resembles the Fire Department’s official insignias for any purpose other than for official Fire Department purposes as may be authorized by the Fire Chief. (Ord. 539 8-6-13)

1.10.050 Infraction Violation.

A. . Except as provided in this chapter, it shall be unlawful and no person shall make, reproduce, manufacture, display or use the Seal, the Logo, or any cut, facsimile or reproduction thereof.

Item Number: 10.

4 B. Except as provided in this chapter, it shall be unlawful and no person shall make, reproduce, manufacture, display or use a design that closely resembles the Seal or Logo.

C. No person shall use or reproduce the Seal or Logo, or any representation thereof, or use a design that closely resembles the Seal or Logo for any election, measure, campaign, nomination, or other political purpose whatsoever.

D. A violation of this chapter by any person responsible for committing, causing or maintaining such violation shall constitute an infraction violation and the violator shall be subject to the provisions set forth in Chapter 4.28, or a misdemeanor subject to the provisions set forth in Chapter 4.32, including, but not limited to, the imposition of any and all criminal penalties set forth therein.

1.10.060 Civil fines.

Any person convicted of an infraction shall, for each separate violation of this chapter, be subject to:

A. A fine in an amount not to exceed $250 for a first conviction of an offense; B. A fine in an amount not to exceed $500 for a second conviction of the same offense within a 12-month period of the date of the first offense; and C. A fine in an amount not to exceed $750 for the third conviction of the same offense within a 12-month period of the date of the first offense. The fine for a fourth and subsequent convictions of the same offense within a 12-month period of the date of the first offense shall be $1,000. (Ord. 539 8-6-13)

1.10.070 Administrative citation.

In lieu of issuing an infraction citation, the City may issue an administrative citation to any person responsible for committing, causing or maintaining a violation of this chapter. Nothing in this section shall preclude the City from also issuing an infraction citation upon the occurrence of the same offense on a separate day. (Ord. 539 8-6-13)

1.10.080 Administrative fine.

Any person issued an administrative citation for violating this chapter shall for each separate violation be subject to:

A. An administrative fine in an amount not to exceed $100 for the first citation; B. An administrative fine in an amount not to exceed $250 for a second citation issued for the same offense within a 12-month period of the date of the first offense; and Item Number: 10.

5 C. A fine in an amount not to exceed $500 for a third and subsequent citation issued for the same offense within a 12-month period of the date of the first offense. (Ord. 539 8-6-13)

1.10.090 Modification, suspension and/or revocation of validly issued City permit and/or City license.

A violation of this chapter by the holder of any City permit and/or City license validly issued pursuant to this or any other chapter shall constitute grounds for modification, suspension and/or revocation of said permit and/or license pursuant to the provisions of this code. (Ord. 539 8-6-13)

1.10.100 Additional penalties.

Nothing in this chapter shall preclude the City from pursuing the remedies provided by Title 4, including, but not limited to, as applicable, denial or revocation of certificates of occupancy, issuance of stop work orders and injunctive relief. (Ord. 539 8-6-13) 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: 10.

6 PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs, California, at a regular meeting held on the ____ day of _________ 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________
Scott Matas, Mayor
ATTEST:
_________________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
_________________________________
Jennifer A. Mizrahi, City Attorney
Item Number: 10.

7 Exhibit A
Item Number: 10.

8 Exhibit B
Item Number: 10.

SR-23-211
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To:

Date: September 19, 2023
Department: Administrative Services
Prepared by: Geoffrey Buchheim, Administrative Services Director Subject: Delegation of Investment Authority to the City Treasurer and Adoption of the Investment Policy for Fiscal Year 2023-2024
RECOMMENDATION:

Adopt a Resolution of the City Council approving delegation of investment authority and other related duties to the City Treasurer, as authorized by the City’s Investment Policy, and approve and adopt the attached Investment Policy for Fiscal Year 2023-2024.

DISCUSSION:

This Investment Policy helps ensure that the City follows best practices and safeguards the principal of City investments, as well as meeting the liquidity needs of the City.

The purpose of the attached Investment Policy (“Policy”) is to provide guidelines for the deposit and investment of public monies on behalf of the City of Desert Hot Springs (“City”) that are intended to protect the solvency and creditworthiness of the City consistent with the terms and provisions of California Government Code Section 53600 et seq., and any amendments thereto. However, since the State Legislature has declared that the deposit and investment of public funds by local officials and local agencies is an issue of statewide concern, should any conflicts arise between the terms and provisions of the proposed Policy and the terms and provisions of California Code Sections 53600 et seq., the terms and provisions of said Government Code sections will control.

As permitted per California Government Code Section 53607, it is recommended that the City Council delegate the authority to invest or to reinvest funds of the City, or to sell or exchange securities so purchased, for a one-year period to the City Treasurer (“Treasurer”), who shall thereafter assume full responsibility for those transactions until the delegation of authority is revoked or expires. The position of City Treasurer is delegated to the Administrative Services Director. To protect the City from any misdeeds of the Treasurer with respect to his/her investment duties, California Government Code Section 36518 requires the Treasurer to execute a bond to the City that conforms to the provisions of the California Government Code relating to bonds of public officers. The penal sum of the bond must be in a reasonable amount recommended by the City Attorney and fixed by the City Council, by resolution, which the City Council is authorized to change during the Treasurer’s term of office, as permitted under California Government Code Section 36518. Also, the Treasurer’s bond must be filed with the City Clerk pursuant to California Government Code Section 36520.

Item Number: 11.

SR-23-211
The City Council will be required to annually review and consider whether to renew the delegation of investment authority to the Treasurer, as required by California Government Code Section 53607. In addition, the Treasurer will be required to make a monthly report of all investment-related transactions to the City Council, as required by California Government Code Section 53607.

When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing City funds, the Treasurer is required to act pursuant to the prudent investor standard as set forth in California Government Code Section 53600.3 Further, when investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, the objectives shall be: (a) to safeguard the principal of the funds; (b) to meet the City’s liquidity needs; and (c) to achieve a return on the funds, as set forth in California Government Code Section 53600.5.

The Treasurer will be permitted to invest any City funds contained in a sinking fund or not required for the immediate needs of the City in those investments set forth in California Government Code Sections 53601 and 53601.1 The Treasurer may also invest a portion of the City’s surplus funds in deposits at a commercial bank, savings bank, savings and loan association, or credit union that uses a private sector entity that assists in the placement of deposits, subject to the conditions set forth in California Government Code Section 53601.7.

The Treasurer will also be permitted to invest a portion of City’s surplus funds in certificates of deposit at a commercial bank, savings bank, savings and loan association, or credit union that uses a private sector entity that assists in the placement of certificates of deposit, subject to the limitations and conditions set forth in Government Code Section 53601.8.

With respect to deferred compensation plans for the employees, those funds may be invested in the types of investments set forth in Government Code Sections 53601 and 53602 and in corporate stocks, bonds, and securities, mutual funds, savings and loan accounts, credit union accounts, life insurance policies, annuities, mortgages, deeds of trust, or other security interests in real or personal property, as set forth in California Government Code Section 53609.

The Treasurer will be prohibited from investing any funds in any securities that could result in zero interest accrual if held to maturity or any instruments; such as, inverse floaters, range notes, or mortgage-derived, interest-only strips, as proscribed in California Government Code Section 53601.6.

Finally, the Treasurer may:
(a)Invest only in notes, bonds, bills, certificates of indebtedness, warrants, or registered warrants which are legal investments for savings banks in the state as set forth in California Government Code Section 53602;
(b)Invest by direct purchase of any issue of eligible securities at their original sale or after they have been issued as set forth in California Government Code Section 53602; (c)Sell, or exchange for other eligible securities, and reinvest the proceeds of, the securities purchased, as set forth in California Government Code Section 53604; (d)Sell securities so that the proceeds may be applied to the purposes for which the original purchase money was placed in a sinking fund or the City’s treasury as set forth in California Government Code Section 53605;
(e)Cancel purchased bonds either in satisfaction or sinking fund obligations or otherwise, subject to the provisions set forth in California Government Code Section 53606; and Item Number: 11.

SR-23-211
(f)Deposit for safekeeping with a federal or state association, a trust company or a state or national bank located within the state or with the Federal Reserve Bank of San Francisco or any branch thereof within the state, or with any Federal Reserve bank or with any state or national bank located in any city designated as a reserve city by the Board of Governors of the Federal Reserve System, the bonds, notes, bills, debentures, obligations, certificates of indebtedness, warrants, or other evidences of indebtedness in which the money of the City is invested pursuant to the provisions of California Government Code Section 53608.

FISCAL IMPACT:

None
ATTACHMENTS:

EXHIBIT 1 - FY2023-2024 Investment Policy Resolution
Resolution Exhibit A - Investment Policy Adopted 2023
Item Number: 11.

RESOLUTION NO. 2023-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT HOT

SPRINGS APPROVING DELEGATION OF INVESTMENT AUTHORITY AND

OTHER RELATED DUTIES TO THE CITY TREASURER AS AUTHORIZED BY THE CITY’S INVESTMENT POLICY
WHEREAS, per California Government Code Section 53600.6, the State Legislature finds that since the solvency and creditworthiness of each individual local agency can impact the solvency and creditworthiness of the state and other local agencies within the state, the deposit and investment of public funds by local officials and local agencies is an issue of statewide concern; and
WHEREAS, the terms and provisions of California Code Sections 53600 et seq. set forth specific guidelines for cities (including charter cities) to follow with respect to depositing and investing public monies; and
WHEREAS, pursuant to the City’s previously adopted Investment Policy, a copy of which is attached hereto and incorporated herein by this reference as Exhibit “A,” which provides guidelines for the deposit and investment of public monies on behalf of the City of Desert Hot Springs (“City”) that are intended to protect the solvency and creditworthiness of the City consistent with the terms and provisions of California Government Code Section 53600 et seq., and any amendments thereto, and specifically pursuant to California Government Code Section 53607, the City Council may delegate the authority to invest or to reinvest funds of the City, or to sell or exchange securities so purchased, for a one-year period to the Administrative Services Director acting as City Treasurer, who shall thereafter assume full responsibility for those transactions until the delegation of authority is revoked or expires.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS AS FOLLOWS:

Section 1. RECITALS
That the Recitals set forth above are true and correct.

Section 2. DELEGATION OF INVESTMENT AUTHORITY
That pursuant to California Government Code Section 53607, the City Council delegates the authority to invest or to reinvest funds of the City, or to sell or exchange securities so purchased, for a one-year period to the City Treasurer, who shall thereafter assume full responsibility for those transactions until the delegation of authority is revoked or expires.

Section 3. OTHER ACTS
That each officer of the City, acting on behalf of the City of Desert Hot Springs, is hereby authorized and directed, jointly and severally, to exclude and deliver such documents and instruments and to do such things which may be necessary or proper to effectuate the purposes of the Resolution, and any such actions previously taken by such officers are hereby ratified, approved and confirmed.

Item Number: 11.

Section 4. SEVERABILITY
That if any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable and that the City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.

Section 5. EFFECTIVE DATE
That this Resolution shall take effect immediately upon adoption.

Section 6. CERTIFICATION
That the City Clerk shall certify to the passage of this Resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on this 19th day of September 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
[SIGNATURES FOLLOW ON THE NEXT PAGE]
Item Number: 11.

ATTEST:
______________________________ _______________________
Jerryl Soriano, CMC, City Clerk Scott Matas, Mayor

APPROVED AS TO FORM:
____________________________
Jennifer A. Mizrahi, City Attorney
Item Number: 11.

EXHIBIT “A”

INVESTMENT POLICY

SEE ATTACHED
Item Number: 11.

City of Desert Hot Springs Investment Policy
Adopted September 19, 2023

CITY OF DESERT HOT SPRINGS

INVESTMENT POLICY
Adopted September 19, 2023
(Subject to Annual Review)
Section 1. Purpose (Gov. Code § 53600 et seq.)
The purpose of this Investment Policy (“Policy”) is to provide guidelines for the deposit and investment of public monies on behalf of the City of Desert Hot Springs (“City”) that are intended to protect the solvency and creditworthiness of the City consistent with the terms and provisions of California Government Code Section 53600 et seq., and any amendments thereto.

Section 2. Conflicts (Gov. Code § 53600.6)
Since the State Legislature has declared that the deposit and investment of public funds by local officials and local agencies is an issue of statewide concern, should any conflicts arise between the terms and provisions of this Policy and the terms and provisions of California Code Sections 53600 et seq., the terms and provisions of said Government Code sections shall control.

Section 3. Delegation of Investment Authority (Gov. Code § 53607) Pursuant to California Government Code Section 53607, the City Council delegates the authority to invest or to reinvest funds of the City, or to sell or exchange securities so purchased, for a one-year period to the City Treasurer (“Treasurer”), who shall thereafter assume full responsibility for those transactions until the delegation of authority is revoked or expires.

Section 4. Bond (Gov. Code § 36518)
Pursuant to California Government Code Section 36518, the Treasurer shall execute a bond to the City that conforms to the provisions of the California Government Code relating to bonds of public officers. The penal sum of the bond shall be in a reasonable amount recommended by the City Attorney and fixed by the City Council, by resolution, which the City Council is authorized to change during the Treasurer’s term of office, as permitted under California Government Code Section 36518. The Treasurer’s bond shall be filed with the City Clerk pursuant to California Government Code Section 36520.

Item Number: 11.

City of Desert Hot Springs Investment Policy
Adopted September 19, 2023
Section 5. Annual Renewal (Gov. Code § 53607)
The City Council shall review and consider annually whether to renew the delegation of investment authority to the Treasurer, as required by California Government Code Section 53607.

Section 6. Monthly Reports (Gov. Code § 53607)
The Treasurer shall make a monthly report of all investment-related transactions to the City Council, as required by California Government Code Section 53607.

Section 7. Prudent Investor Standard (Gov. Code § 53600.3) When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing city funds, the Treasurer shall act pursuant to the prudent investor standard as set forth in California Government Code Section 53600.3
Section 8. Objectives (Gov. Code § 53600.5)
When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, the objectives shall be: (a) to safeguard the principal of the funds; (b) to meet the City’s liquidity needs; and (3) to achieve a return on the funds, as set forth in California Government Code Section 53600.5.

Section 9. Authorized Investments (Gov. Code §§ 53601, 53601.1) The Treasurer may invest any City funds contained in a sinking fund or supranational security or not required for the immediate needs of the City in those investments set forth in California Government Code Sections 53601 and 53601.1
Section 10. Authorized Deposits (Gov. Code § 53601.7)
The Treasurer may invest a portion of the City’s surplus funds in deposits at a commercial bank, savings bank, savings and loan association, or credit union that uses a private sector entity that assists in the placement of deposits, subject to the conditions set forth in California Government Code Section 53601.7.

Section 11. Certificates of Deposit (Gov. Code § 53601.8) The Treasurer may invest a portion of City’s surplus funds in certificates of deposit at a commercial bank, savings bank, savings and loan association, or credit union that uses a private sector entity that assists in the placement of certificates of deposit, subject to the limitations and conditions set forth in Government Code Section 53601.8.

Section 12. Purchasing Investments (Gov. Code § 53601.5) All authorized investments not purchased directly from the issuer, shall be purchased pursuant to California Government Code Section 53601.5.

Item Number: 11.

City of Desert Hot Springs Investment Policy
Adopted September 19, 2023
Section 13. Deferred Compensation Investments (Gov. Code § 53609) Funds held by the City pursuant to a written agreement between the City and City employees to defer a portion of the compensation otherwise receivable by the City’s employees and pursuant to a plan for such deferral as adopted by the City Council may be invested in the types of investments set forth in Government Code Sections 53601 and 53602 and in corporate stocks, bonds, and securities, mutual funds, savings and loan accounts, credit union accounts, life insurance policies, annuities, mortgages, deeds of trust, or other security interests in real or personal property, as set forth in California Government Code Section 53609.

Section 14. Prohibited Investments (Gov. Code § 53601.6) The Treasurer shall not invest any funds in any securities that could result in zero interest accrual if held to maturity nor any instruments such as, inverse floaters, range notes, or mortgage-derived, interest-only strips, as proscribed in California Government Code Section 53601.6.

Section 15. Miscellaneous (Gov. Code § 53602, 53604, 53605, 53606, 53608 ) The Treasurer may:
(a) Invest only in notes, bonds, supranational securities, bills, certificates of indebtedness, warrants, or registered warrants which are legal investments for savings banks in the state as set forth in California Government Code Section 53602. (b) Invest by direct purchase of any issue of eligible securities at their original sale or after they have been issued as set forth in California Government Code Section 53602. (c) Sell, or exchange for other eligible securities, and reinvest the proceeds of, the securities purchased, as set forth in California Government Code Section 53604. (d) Sell securities so that the proceeds may be applied to the purposes for which the original purchase money was placed in a sinking fund or the City’s treasury as set forth in California Government Code Section 53605.
(e) Cancel purchased bonds either in satisfaction or sinking fund obligations or otherwise, subject to the provisions set forth in California Government Code Section 53606. (f) Deposit for safekeeping with a federal or state association, a trust company or a state or national bank located within the state or with the Federal Reserve Bank of San Francisco or any branch thereof within the state, or with any Federal Reserve bank or with any state or national bank located in any city designated as a reserve city by the Board of Governors of the Federal Reserve System, the bonds, notes, bills, debentures, obligations, certificates of indebtedness, warrants, or other evidences of indebtedness in which the money of the City is invested pursuant to the provisions of California Government Code Section 53608.

Item Number: 11.

SR-23-220
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: September 19, 2023
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: City Council Regular Meeting Minutes: September 5, 2023 City Council Special Meeting (Closed Session) Minutes: September 8, 2023 RECOMMENDATION:

Approve the Minutes as presented; or as corrected.

ATTACHMENTS:
1) Draft City Council Regular Meeting Minutes - September 5, 2023 2) Draft City Council Special Meeting (Closed Session) Minutes - September 8, 2023 Item Number: 12.

City of Desert Hot Springs

DRAFT ACTION MINUTES
City Council Meeting
6:00 PM - Tuesday, September 5, 2023
Council Chambers
CLOSED SESSION - 4:00 P.M.

CALL TO ORDER
Mayor Matas called the Closed Session to order at 4:00 PM.

ROLL CALL

Present:

Council Members: Russell Betts, Gary Gardner, Jan Pye
Mayor Pro Tem: Roger Nuñez (arrived after Roll Call)
Mayor: Scott Matas

PUBLIC COMMENTS
None.

Jennifer Mizrahi, City Attorney, announced the Closed Session Items.

CLOSED SESSION:

1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: City of Desert Hot Springs v. Renato De La Rosa et al.; Riverside County Superior Court Case Number PSC1802371

2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: City of Desert Hot Springs v. Cay, LLC; Riverside County Superior Court Case Number CVPS2300272

3. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: City of Desert Hot Springs v. Yeh Dynasty Entertainment, LLC et al.; Riverside County Superior Court Case Number CVPS2104940 Item Number: 12.

City Council
September 5, 2023

4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: One Potential Case

5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:

Property: 11691 West Drive (APN: 664-190-027)
Agency Negotiator: Doria Wilms, Interim City Manager
Jennifer Mizrahi, City Attorney
Negotiating Parties: County of Riverside
Under Negotiation: Price and Terms

6. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code Section 54957.6)
Unrepresented employee: City Manager
PRESENTATIONS - 5:15 P.M.

Alzheimer's Walk Presentation
Janie Bark and Mindy Conik gave an overview of the Alzheimer's Association and announced the "Alzheimer's Walk" event.

Tourism and Marketing Update
Sean Smith, Economic Development Director
Sean Smith, Economic Development Director, gave a presentation regarding the City's tourism and marketing efforts and responded to questions.

REGULAR SESSION - 6:00 P.M.

CALL TO ORDER
Mayor Matas called the Regular Session to order at 6:00 P.M.

ROLL CALL

Present:

Council Members: Russell Betts, Gary Gardner, Jan Pye
Mayor Pro Tem: Roger Nuñez (absent during Roll Call)
Mayor: Scott Matas

INVOCATION
Reverend Paul Miller gave the Invocation.

Item Number: 12.

City Council
September 5, 2023

PLEDGE OF ALLEGIANCE
Mayor Pro Tem Nuñez led the Pledge of Allegiance.

CITY ATTORNEY REPORT ON CLOSED SESSION
Jennifer Mizrahi, City Attorney, advised that there was no reportable action.

APPROVAL OF AGENDA
ACTION: Approve the September 5, 2023 Regular Meeting agenda, and approve the Consent Calendar pulling Item 15.

Moved by Council Member Gardner
Seconded by Mayor Pro Tem Nuñez
Carried 5-0 by the following votes:

AYES: Betts, Gardner, Pye, Nuñez, and Matas

PUBLIC COMMENTS
Tom Moen expressed the need for all-weather roads and suggested that the City consider reaching out to engineering students to study the City's roads and drainage infrastructure.

Item 8 was considered at this time.

CITY MANAGER REPORT
Nicholas Haecker, Public Works Director, provided an update regarding various Public Works projects.

Roberta Crncic, Recreation and Community Services Director, provided Recreation Center updates and announcements.

MAYOR AND COUNCIL MEMBER REPORTS
Councilmember Betts reported on the various meetings and events he attended.

Councilmember Gardner reported on the various meetings and events he attended.

Councilmember Pye reported on the various meetings and events she attended.

Mayor Pro Tem Nuñez reported on the various meetings and events he attended.

Item Number: 12.

City Council
September 5, 2023
Mayor Matas reported on the various meetings and events he attended.

PUBLIC HEARINGS:

7. An Ordinance Amending Various Chapters of Title 17, Zoning Ordinance including: “Chapter 17.20 (Open Space); Chapter 17.24 (Public Use Districts); Chapter 17.48 (Off-Street Parking Standards); and Chapter

17.52, (Off-Street Loading Standards)”
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 17.20 (Open Space); Chapter 17.24 (Public Use Districts); Chapter 17.48 (Off-Street Parking Standards); and Chapter 17.52, (Off-Street Loading Standards).”
Staff Report - SR-23-192 - Pdf
Travis Clark, Community Development Director, presented the staff report and responded to questions.

Patricia Villagomez
Mayor Matas opened the Public Hearing.

There was no public testimony.

Mayor Matas closed the Public Hearing.

ACTION: Approve Staff recommendation.

Moved by Council Member Gardner
Seconded by Mayor Pro Tem Nuñez
Carried 5-0 by the following votes:

AYES: Betts, Gardner, Pye, Nuñez, and Matas
ADMINISTRATIVE CALENDAR:

8. Resolution to Recognize, Acknowledge, and Observe Cesar Chavez Day as a Public Holiday
Item Number: 12.

City Council
September 5, 2023
Recommendation:

Adopt a Resolution of the City Council of the City of Desert Hot Springs recognizing March 31 as Cesar Chavez Day and observe as an official paid holiday for City employees.

Staff Report - SR-23-156 - Pdf
Item 8 was considered following "Public Comments."
Geoffrey Buchheim, Administrative Services Director, presented the staff report.

A discussion ensued.

Mayor Matas presented a Certificate of Recognition to Cesar Chavez' grandson Andreas Chavez and the Cesar Chavez Foundation.

ACTION: Approve Staff recommendation and adopt Resolution No. 2023-038.

Moved by Council Member Gardner
Seconded by Mayor Pro Tem Nuñez
Carried 5-0 by the following votes:

AYES: Betts, Gardner, Pye, Nuñez, and Matas

9. Resolution for Community Resilience Centers (CRC) Program Application Recommendation:

Adopt a Resolution of the City Council authorizing participation in and authorizing the City Manager to negotiate and approve all agreements and necessary documents associated with the California Strategic Growth Council - Community Resilience Centers (CRC) Program Application for City of Desert Hot Springs Health and Wellness District Project.

Staff Report - SR-23-198 - Pdf
Noe Arechiga, Grants Manager, presented the staff report and responded to questions.

Christian Rodriguez, Senior Community Associate, Kounkuey Design Initiative (KDI), addressed the City Council and responded to questions.

ACTION: Approve Staff recommendation and adopt Resolution No. 2023-039.

Moved by Council Member Gardner
Seconded by Mayor Pro Tem Nuñez
Carried 5-0 by the following votes:

AYES: Betts, Gardner, Pye, Nuñez, and Matas

10. Award Construction Contract for Police Station Tenant Improvement Item Number: 12.

City Council
September 5, 2023
Project
Recommendation:

Award the construction contract agreement to the lowest responsive bidder, Diamond Construction, Inc. and authorize the City Manager to execute, and make any substantive changes if necessary, the agreement by and between Diamond Construction, Inc. and the City of Desert Hot Springs for the Construction of the Police Station Tenant Improvement Project, City Project No. 8002 in the amount of $553,000.00, and approve a 10% contingency amount of $55,300.00, with a total project budget of $608,300.00.

Staff Report - SR-23-197 - Pdf
Nicholas Haecker, Public Works Director, presented the staff report and responded to questions.

ACTION: Approve Staff recommendation.

Moved by Council Member Betts
Seconded by Council Member Gardner
Carried 5-0 by the following votes:

AYES: Betts, Gardner, Pye, Nuñez, and Matas

11. Agreement With the City of Cathedral City for Maintenance of Traffic Signal and Safety Lighting at the Intersections of Palm Drive and Varner Road, and Palm Drive and Paul Road
Recommendation:

Authorize the City Manager to execute, and make any substantive changes if necessary, the agreement for maintenance of shared traffic signals and safety lighting by and between the City of Desert Hot Springs and the City of Cathedral City for the maintenance of the traffic signals and safety lighting at the intersection of Palm Drive and Varner Road, and Palm Drive and Paul Road.

Staff Report - SR-23-196 - Pdf
Jilleen Ferris, City Engineer, presented the staff report and responded to questions.

ACTION: Approve Staff recommendation.

Moved by Council Member Pye
Seconded by Mayor Pro Tem Nuñez
Carried 5-0 by the following votes:

AYES: Betts, Gardner, Pye, Nuñez, and Matas

12. Resolution Regarding Compliance With the Annual Fire Inspections of Certain Occupancies Pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code
Item Number: 12.

City Council
September 5, 2023
Recommendation:

Adopt a Resolution of the City Council of the City of Desert Hot Springs, California, acknowledging receipt of a report made by the Fire Chief of the Riverside County Fire Department regarding compliance with the annual inspection of certain occupancies pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code.

Staff Report - SR-23-200 - Pdf
Mike Beverlin, Fire Chief, presented the staff report and responded to questions.

ACTION: Approve Staff recommendation and adopt Resolution No. 2023-040.

Moved by Council Member Pye
Seconded by Council Member Gardner
Carried 5-0 by the following votes:

AYES: Betts, Gardner, Pye, Nuñez, and Matas

13. Designation of Voting Delegate and Alternate(s) for the 2023 Cal Cities Annual Conference in Sacramento, California
Recommendation:

Appoint one (1) voting delegate and up to two (2) alternates for the 2023 Cal Cities Annual Conference in Sacramento, California.

Staff Report - SR-23-195 - Pdf
Jerryl Soriano, City Clerk, presented the staff report.

ACTION: Appoint Mayor Pro Tem Nuñez as the voting delegate, and Mayor Matas as the alternate.

Moved by Mayor Matas
Seconded by Council Member Betts
Carried 5-0 by the following votes:

AYES: Betts, Gardner, Pye, Nuñez, and Matas
CONSENT CALENDAR:

14. City Council Special Meeting Minutes: August 9, 2023 City Council Emergency Meeting Minutes: August 22, 2023 Staff Report - SR-23-201 - Pdf
ACTION: Approved the Minutes as presented.

15. Second Reading and Adoption of An Ordinance Approving the First Amendment to the Development Agreement Between the City of Desert Hot Springs and Skyborne Ventures, LLC
Item Number: 12.

City Council
September 5, 2023
Recommendation:

Approve Second Reading, read by title only and adopt: "An Ordinance of the City Council of the City of Desert Hot Springs, California, approving the First Amendment to the Development Agreement By and Between the City of Desert Hot Springs and Skyborne Ventures, LLC, a California Limited Liability Company."
Staff Report - SR-23-194 - Pdf
Mayor Matas recused due to a potential conflict of interest. Mayor Pro Tem Nunez assumed the Chair.

Staff responded to questions from Councilmember Betts.

ACTION: Approve Staff recommendation and adopt Ordinance No. 784.

Moved by Council Member Gardner
Seconded by Mayor Pro Tem Nuñez
Carried 3-1 by the following votes:

AYES: Gardner, Pye, and Nuñez
NOES: Betts
RECUSE: Matas

16. Contracts Management Report as of August 15, 2023
Staff Report - SR-23-193 - Pdf
ACTION: Received and filed.

PUBLIC COMMENTS
"Public Comments" was considered prior to Item 15.

Dolly Moen spoke regarding the panhandling ordinance.

Charlene Abeyta reported storm debris at Palm Drive and Dillon Road.

ADJOURN
Mayor Pro Tem Nuñez adjourned the meeting at 7:47 PM.

Jerryl Soriano, CMC, City Clerk
Item Number: 12.

City of Desert Hot Springs

DRAFT ACTION MINUTES
City Council Meeting
3:00 PM - Friday, September 8, 2023
Council Chambers

CALL TO ORDER
Mayor Matas called the meeting to order at 3:00 PM.

ROLL CALL

Present:

Council Members: Russell Betts, Gary Gardner, Jan Pye
Mayor Pro Tem: Roger Nuñez (arrived after Roll Call)
Mayor: Scott Matas

PUBLIC COMMENTS
None.

Jennifer Mizrahi, City Attorney, announced the Closed Session Item.

CLOSED SESSION:

1. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code Section 54957.6)
Unrepresented employee: City Manager

CITY ATTORNEY REPORT ON CLOSED SESSION
Jennifer Mizrahi, City Attorney, advised that there was no reportable action.

ADJOURN
Mayor Matas adjourned the meeting at 7:15 PM.

Jerryl Soriano, CMC, City Clerk
Item Number: 12.

SR-23-213
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: September 19, 2023
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Second Reading and Adoption of An Ordinance Amending the Following Chapters of Title 17, Zoning Code Including: 1) Chapter 17.56 (Landscaping Standards), and 2) Chapter 17.44 (Sign Regulations)
RECOMMENDATION:

Approve Second Reading, read by title only and adopt: "An Ordinance of the City Council of Desert Hot Springs amending various chapters of Title 17, Zoning Ordinance Including Chapter 17.56 (Landscaping Standards); and Chapter 17.44 (Sign Regulations)." BACKGROUND:

The Ordinance (Exhibit 2) was introduced and approved for first reading by the City Council on July 5, 2023.

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

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) Staff Report from July 5, 2023
2) Ordinance re Various Chapters of Title 17, Zoning Ordinance 3) Chapter 17.56 Landscaping Standards- Current Version 4) Chapter 17.44 Sign Regulations- Current Version
Item Number: 13.

SR-23-163
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: July 5, 2023
Department: Community Development
Prepared by: Colleen Stephens, Assistant Planner
Subject: An Ordinance Amending the Following Chapters of Title 17, Zoning Code Including: 1) Chapter 17.56 (Landscaping Standards), and 2) Chapter 17.44 (Sign Regulations)
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;
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 17.56 (Landscaping Standards); and Chapter 17.44 (Sign Regulations)." 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 • 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
Item Number: 13.

SR-23-163
DISCUSSION:

A summary of the changes are listed below:

Chapter 17.56 Landscaping Standards and Guidelines
• A major rewrite and restructuring of the chapter
• Retained the design guidelines but moved them below requirements • Delineated which requirements apply to single-family and small scale multi-family residential versus non-residential and larger multi-family residential uses • Incorporated the option to use the pre-approved landscape plans provided by MSWD • Included a table for minimum landscape area (does not include retention basin area unless landscaped or other pervious area)
• Added more detail to parking lot landscaping requirements Chapter 17.44 Sign Regulations
• A complete re-write of Chapter 17.44 to create and implement a message neutral policy to have language aligned with First Amendment rights for signs, directing focus to materials, type, size, and placement, not the message of the sign.
• Simplified the table of contents to be user-friendly by combining, removing, and re-organizing sections.
• Added permitted sign section with an updated table focusing on being content neutral and encouraging wall and monument signs.
• Combined design guidelines sections and added illustrations to convey sign types, placement, and measurements.
• Increased the minimum number of tenants required to implement a sign program from two to three, while maintaining the same sign program regulations as the current code. • Added language to permit procedures to allow for creative and site specific exceptions. • Recommendation from Planning Commission to exempt "A-Frame Signs" from permit requirements.

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, Zoning Ordinance 2) Chapter 17.56 Landscaping Standards- Current Version 3) Chapter 17.44 Sign Regulations- Current Version
Item Number: 13.

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) CHAPTER 17.56 (LANDSCAPING
STANDARDS) AND 2) CHAPTER 17.44 (SIGN REGULATIONS)
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 17.56 “Landscaping Standards” shall be amended as per Exhibit A, which is incorporated herein
2) Chapter 17.44 “Sign Regulations” shall be amended as per Exhibit B, 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.

Item Number: 13.

2 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.

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs, California, at a regular meeting held on the 19th day of September 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________
Scott Matas, Mayor
ATTEST:
_________________________________
Jerryl Soriano, City Clerk

APPROVED AS TO FORM:
________________________________
Jennifer A. Mizrahi, City Attorney

Item Number: 13.

3 Exhibit A
Chapter 17.56 LANDSCAPING STANDARDS AND GUIDELINES
Sections

17.56.010 Purpose

17.56.020 Application and Submittal Requirements

17.56.030 General Regulations

17.56.040 Landscape Design Guidelines

17.56.050 Residential Landscape Standards, Single-family and Multi-family up to 4 Units

17.56.060 Non-residential and Multi-family Developments of 5 Units or More Landscape Standards

17.56.070 Setback and Parkway Treatment Standards

17.56.080 Corner Treatment Standards

17.56.090 Maintenance of Landscaping

17.56.100 Water Efficient Landscaping—Incorporation by Reference

17.56.010 Purpose
The purpose of this chapter is to establish landscaping regulations that are intended to:

A. Establish and enhance the aesthetic appearance of development in all areas of the City by providing standards and guidelines relating to quality, quantity and functional aspects of landscaping and landscape screening.

B. Increase compatibility between residential and abutting commercial and industrial land uses.

C. Reduce the heat and glare associated with development.

D. Protect public health, safety, and welfare by minimizing the impact of all forms of visual pollution, controlling soil erosion, screening incompatible land uses, preserving the integrity of neighborhoods, and enhancing pedestrian and vehicular traffic and safety. (Prior code § 159.28.010)

17.56.020 Application and Submittal Requirements
A. A concept landscaping plan shall be submitted as part of an applicable permit or entitlement application.

B. The concept plan shall meet the intent of this chapter by exhibiting a generalized design layout which adequately demonstrates the desired landscaping program in terms of location, size/scale, function, theme, and similar attributes. The concept plan shall provide the review authority with a clear understanding of the landscaping program prior to the preparation of a detailed, comprehensive landscaping plan. (Prior code § 159.28.020) C. A fully dimensioned comprehensive landscape and irrigation plan shall include, but not be limited to:

1. List of plants (common & botanical);
Item Number: 13.

4 2. Turf areas both natural and artificial (if applicable);

3. Size;

4. Location;

5. Irrigation plan;

6. Hardscape including buildings and paved areas;

7. Water elements;

8. Any other information deemed necessary by the Director.

17.56.030 General Regulations
A. Submittal of the final landscape plan shall be concurrent with the grading plan(s) and other documents and reports. This section and those that follow provide the regulations to be followed in the preparation of the final landscape program.

B. The following regulations are enacted to ensure effective implementation of a landscape and irrigation plan.

1. Landscape designs shall be compatible with the surrounding environment.

2. Landscape design and construction shall emphasize drought-tolerant landscaping whenever/wherever possible.

3. Trees shall be long lived, require little maintenance, be structurally strong, insect and disease resistant, and require limited pruning.

4. Trees and shrubs shall be planted so that at maturity they do not interfere with service lines, traffic safety sight area, basic property rights of adjacent property owners, particularly the right of solar access, pursuant to Section 17.40.260 (Solar Energy Design Standards).

5. Trees planted near public curbs shall have a limited root structure and shall be installed in such a manner as to prevent physical damage to sidewalks, curbs, gutters and other public improvements. A deep root system shall be used.

6. Where trees are planted in paved areas, they shall be protected by a curb or other appropriate hardscape or landscape interface. A deep root system shall be used.

7. Mow strips are recommended to separate turf areas from other landscaped areas for all developments except single-family residential.

8. Buffer planting shall occur along all freeways, highways and major arterials in order to visually screen uses and provide noise reduction.

9. Appropriate shrubbery, vines and other planting materials shall be provided along all walls and fences adjoining public rights-of-way.

10. When inorganic groundcover is used, it shall be in combination with live plants and may be best used as an accent feature.

11. All landscaping shall have an approved automatic irrigation system.

12. All required landscaping shall be properly installed, irrigated, inspected and permanently maintained prior to use of property or the issuance of a Certificate of Occupancy, whichever first occurs. The landscaping and irrigation shall be inspected as stated in the procedures and policy for landscaping and irrigation. (Prior code § 159.28.070) C. The following are the minimum landscape area of entire parcel by zoning district.

TABLE 17.56.01

MINIMUM LANDSCAPED AREA BY ZONING DISTRICT
Item Number: 13.

5 ZONING DISTRICT Minimum % of Site Area Required to
be Landscaped
R-RD: Residential Rural Desert N/A
R-L: Residential Low and Multi-Family
up to 4 units
25 percent of front yard area (R-L, R-M
up to 4 units)
R-M: Residential Medium, 5 units or
more
R-H: Residential High
15 percent (R-M 5 units or more, R-H)
C-D: Downtown Commercial N/A
C-N: Neighborhood Commercial
C-G: General Commercial
C-H: Highway Commercial
C-BP: Business Park
VS-C: Visitor-Serving Commercial
15 percent
VS-M: Visitor-Serving Mixed
MU-N: Mixed-Use Neighborhood
MU-C: Mixed-Use Corridor
15 percent
I-L: Light Industrial
I-E: Industrial-Energy Production
5 percent
OS-C: Open Space - Conservation
OS-R: Open Space - Recreational Park
OS-P: Open Space - Private
N/A – Chapter 17.20
SP: Specific Plan Varies
P: Public/Institutional Varies

17.56.040 Landscape Design Guidelines
A. Purpose. The following design guidelines are intended as a reference framework to assist the designer in understanding the City’s goals and objectives for high quality development. The guidelines will be utilized during the City’s design review process to encourage the highest level of Item Number: 13.

6 design quality while at the same time providing the flexibility necessary to encourage creativity on the part of project designers.

B. Applicability.

1. The provisions of this section apply to all development projects within the City, unless otherwise specified herein. Any addition, remodeling, relocation, or construction requiring a building permit subject to review by the Director, shall adhere to these guidelines where applicable.

2. Unless there is a compelling reason, these design guidelines shall be followed. Guidelines may be waived by the Director under unusual circumstances subject to findings of approval.

C. General Guidelines.

1. Landscaping and open spaces should be designed as an integral part of the overall site plan design. Landscaping and open spaces should enhance the building design, enhance public views and spaces, provide buffers and transitions, provide for a balance of solar uses, and provide screening.

2. Landscape design should accent the overall design theme through the use of structures such as arbors and trellises which are appropriate to the particular architectural style of adjacent structures.

3. Landscaped areas should incorporate plantings utilizing a 3-tier system: (i) grasses and groundcovers, (ii) shrubs, and (iii) trees.

4. The following are common planting design concepts that should be used whenever possible:
a. Specimen trees used in informal grouping and rows at major focal points; b. Extensive use of flowering vines both on walls and arbors; c. The use of pots, vases, wall or raised planters to add interest; d. Plantings to create shadow and patterns against walls; e. Trees to create canopy and shade, especially in parking areas; f. Flowering trees in informal groups to provide color; g. Informal massing of colorful plantings;
h. Distinctive plants as focal points;
i. Berms, plantings, and low walls to screen parking areas from view of public rights-ofway, while allowing filtered views of larger buildings beyond.

5. Planting areas between walls and streets should be landscaped in a hierarchy of plants in natural formations and groupings. Solid walls three (3) feet or higher may also receive vines when adjacent to public streets.

6. A colorful landscape edge should be established at the base of buildings. Avoid asphalt edges at the base of structures as much as possible. Plant materials located in containers are appropriate.

7. Planting masses on-site should assume a simple, non-uniform arrangement. The diversity of massing types should be great enough to provide interest but kept to a level that evokes a relaxed natural feeling.

D. Installation and Maintenance.

1. Trees should be adequate in trunk diameter to support the top area of the tree. Trees, shrubs, and vines should have body and fullness that is typical of the species.

2. All groundcover should be healthy, densely foliated, and well rooted cuttings, or 1-gallon container plants. Herbaceous and flat plant groundcovers should be planted no more than 12 inches on center and woody, shrub groundcover should be planted no more than three (3) feet on center.

Item Number: 13.

7 3. The spacing of trees and shrubs should be appropriate to the species used. The plant materials should be spaced so that they do not interfere with the adequate lighting of the premises or restrict access to emergency apparatus such as fire hydrants or fire alarm boxes. Proper spacing should also ensure unobstructed access for vehicles and pedestrians in addition to providing clear vision of the intersections from approaching vehicles.

4. Plant material should conform to the following spacing standards:
a. A minimum of 25 feet from the property corner at a street intersection to the center of the first tree or large shrub.
b. A minimum of 15 feet between center of trees and large shrubs to light standards. c. A minimum of 15 feet between center of trees or large shrubs and fire hydrants. d. A minimum of 10 feet between center of trees or large shrubs and edge of driveway. (Prior code § 159.28.120)

17.56.050 Residential Landscape Standards, Single-family and Multi-family up to 4 Units The following requirements apply to all new single-family residential lots including in-fill lots as well as those within tract subdivisions, and multi-family developments up to four (4) units.

A. Residential landscape installations equal to or greater than 5,000 square feet in size installed as part of new construction or remodel are subject to the standards of the Water-Efficient Landscape Ordinance of the municipal code.

B. Residential lots shall be provided with trees, shrubs, and groundcover in the front yard and that portion of the side yards which are visible from the street. The type and quality shall generally be consistent or compatible with that characterizing single-family homes. All landscaped areas shall be provided with an automatic irrigation system adequate to insure their viability. The landscape and irrigation plans shall be approved by the Director. (Prior code § 159.28.030) C. No more than 50 percent of the front yard area shall be non-pervious surface (e.g., used as a driveway). Deviations from these standards may be allowed through site plan and architectural review by the approving authority for small-lot single-family developments at the time of master home plan review where these standards preclude the maximum lot coverage from being achieved.

D. Remaining unpaved portion of the setback areas shall be landscaped, irrigated, and maintained. All landscaping shall be maintained as necessary to prevent a nuisance. No junk, debris, or other similar materials shall be stored in the landscaped areas.

E. Landscaping shall be designed to prevent irrigation water from flowing over paved surfaces.

Techniques include:

1. Off-setting any turf areas from driveways and sidewalks a minimum of 24 inches to prevent overspray from sprinklers.

2. Using a subterranean irrigation system (versus spray irrigation) or drip irrigation system.

3. Other water conservation techniques.

F. Submission of Plans.

1. Applicants can use one of the Pre-Approved Landscape Plan provided by the Mission Springs Water District, or they can choose to create their own custom plan.

Item Number: 13.

8 2. If applicant chose to create their own, the following requirements of Section 17.56.030 General regulations shall be met. A custom plan is required to be developed by a licensed. It is also required to use the Mission Springs Water District Water-Wise Plant Guide

17.56.060 Non-residential and Multi-family Developments of 5 Units or More Landscape Standards The following requirements shall apply to development within all Commercial, Visitor-Serving, Industrial, Mixed-Use, Public/Institutional Zones, and Multi-Family of five (5) or more units.

A. Landscape areas shall have plant material selected and planting methods used which are suitable for the soil and climatic conditions of the site. Sizes of the plant materials shall conform to the following mix:

1. Trees. 20%, 24-inch box; 50%, 15-gallon.

2. Shrubs. 80%, 5-gallon; and 20%, 1-gallon.

3. Groundcover. 100% coverage within one (1) year. Decorative shale/gravel/crushed rock may also be used as groundcover, which must also include vegetative groundcover.

4. In addition, every reasonable effort shall be made to preserve and reintegrate mature trees and other vegetation appropriate for landscape use, including but not limited to palo verde, smoke tree, mesquite, encilia, and cactus.

B. Parking lot landscaping requirements.

1. Parking areas shall be landscaped with a mixture of trees, shrubs, vines, ground cover, hedges, flowers, bark, chips, decorating cinders, gravel, and similar material. A minimum of one-third of the required landscaping shall be distributed within the interior of the parking facility and the remaining two-thirds of the required landscaping shall be provided as peripheral planting on the exterior edges of the parking area.

Figure

17.56.0 1: Parking Lot Hardscape Requirements

2. All planter beds and tree planters shall be bordered by a concrete curb not less than six (6) inches in height adjacent to the parking surface.

C. Screening requirements.

Public ROW 5’ min setback from street-facing property line Item Number: 13.

9 1. All off-street parking areas shall be screened to minimize the visual impact on adjacent streets and properties. No parking space shall be located within five (5) feet of a street property line. Any open areas in the interiors shall be landscaped with appropriate plant materials.

2. Open parking facility or a loading area shall be screened from a residential district adjoining or directly across a street or alley. Screening shall be six (6) feet in height, except that screening to protect properties across a street may not be less than four (4) feet in height.

3. All truck bays and loading areas visible from public right-of-ways shall be screened from view with landscaping and/or opaque walls.

D. Tree requirements.

1.The intent of this code is to improve and maximize the landscaping within the off-street open parking areas to provide 50 percent or more of shade coverage in 10 years. In order to achieve this coverage, the applicant shall plant single-trunk, low-branching trees in windy areas, and design, where possible, north/south-oriented parking areas to provide maximum shade.

Landscaping shall be provided and maintained to the extent that at least one medium- or largescale tree is planted for every three parking stalls. A diversity of tree species is required.

2.The minimum size tree planted shall be no less than a 24-inch box tree, sized to specifications according to the American Standard for Nursery Stock (ANSI Z60.1).

3.Low water use and native plant materials shall be encouraged and used to the greatest extent possible.

4.Problematic trees having shallow or invasive roots or having brittle or weak branching structure shall be prohibited.

5.Parking lot trees adaptable to the Coachella Valley environment shall be utilized.

6.Where trees already exist, the parking lot shall be designed to make the best use of this existing growth and shade wherever it is reasonably possible.

7.Parking lot hardscape requirements. Parking lot dividers, islands, planters, and planting areas shall be a minimum of five (5) feet wide and 10 feet long except that all new or retrofitted tree planters shall be a minimum of nine (9) feet by seven (7) feet, measured to the inside perimeter of the planter, and shall have no less than 48 square feet of permeable soil planting area.

Figure 17.56.02: Parking Lot Hardscape Requirements
Item Number: 13.

10 E. Parking lot tree irrigation requirements. Automatic irrigation systems within parking lots shall be installed. Trees shall be irrigated with drip emitters, bubbler heads, or subterranean low-volume drip system. Trees shall be irrigated separately from shrubs and ground covers.

F. Parking lot tree maintenance and installation requirements. All plants and irrigation systems shall be installed according to Water-Efficient Landscape Ordinance. The owner shall guarantee the quality of work, health, and condition of plants and installation of materials including but not limited to plant types, size, spacing, and irrigation systems. Prior to final acceptance of the project, the City shall inspect and verify that the installation is in compliance with the approved plans and specifications. All corrections, adjustments, and/or replacement of landscape elements shall be done prior to final approval by the City. In the event corrections cannot be made or an installation cannot be completed prior to issuance of a certificate of occupancy, the City shall require a cash deposit or bond equal in value to the amount of landscaping not completed. A cash deposit is returned only when the City gives final approval of the project.

G. Carport structures in lieu of required trees. Shade coverage requirements may be replaced by installing carport structures throughout the parking lot along with shade trees. The use of carport structures shall be approved through the architectural review process. The provision of carports shall not preclude the necessity for providing on-site perimeter landscaping.

H. The carport design shall be integrated with the project architecture and landscaping, providing space for trees between rows of carports creating an aesthetically well-designed project. Three carport-covered parking spaces shall be considered the equivalent of planting of one required tree.

17.56.070 Setback and Parkway Treatment Standards
Landscape plans for setback and parkway areas shall include but not be limited to the following:

A. Setback and parkway areas shall be properly designed and landscape in order to establish a high level of development quality while providing for neighborhood identity where appropriate. The design shall utilize uniform street tree planting with complementary landscape materials.

B. Provide a design, which ensures the desired screening, shading, appearance and compatibility with established setback and parkway areas, including a sensitive transition between diverse landscape types and patterns.

C. Incorporate mounding within the overall design, with landscaped slopes not exceeding a 3:1 ratio, or three (3) feet in height. A minimum of six (6) feet of landscaping shall be placed on the exterior of perimeter walls and fences.

D. Incorporate walls and fences into the landscape design, including the special treatment of meandering walls, and wall breaks or openings where the design shall complement the interior landscaping of the adjacent development.

E. The appropriateness of street tree varieties and their exact location shall be determined by the Director, who may mark locations on plans and inspect plant material on-site, prior to planting.

Sidewalks, curb, and gutter, must be clean of debris prior to marking. A 24-hour notice is required for inspection. The size of the street trees shall be 24-inch box specimens. The 24-inch box trees shall be planted as street trees within the public parkway or City property. (Prior code § 159.28.050) Item Number: 13.

11 17.56.080 Corner Treatment Standards
Landscape plans for any development involving corner lots shall include additional special design requirements, including but not limited to the following:

A. A minimum landscape area of 300 square feet for corner areas.

B. Incorporate significant landscape and water features, including specimen trees, coordination with wall breaks or openings, and special “City entry” image treatment wherever appropriate.

C. Specimen trees shall be a minimum of 24-inch box size.

D. Ensure that any corner landscape plan within the “Traffic Safety Sight Area,” as defined, shall be designed to protect public safety. (Prior code § 159.28.060)

17.56.090 Maintenance of Landscaping
A. Maintenance of all landscaping shall consist of regular watering, mowing, pruning, fertilizing, clearing of debris and weeds, the removal and replacement of dead plants, and the repair and replacement of irrigation systems and integrated architectural features.

B. Prior to the issuance of a certificate of occupancy, the landowner may be required to file a maintenance agreement or covenant and easement to enter and maintain, subject to the approval of the City Attorney. The agreement or covenant and easement to enter and maintain shall ensure that if the landowner, or subsequent owners, fails to maintain the required/installed site improvements, the City will be able to file an appropriate lien(s) against the property in order to accomplish the required maintenance. (Prior code § 159.28.080)

17.56.100 Water Efficient Landscaping—Incorporation by Reference The “2009 Mission Springs Water District Water Efficient Landscaping Guidelines” as adopted and amended by the Mission Springs Water District, establishing effective water efficient landscape requirements, and all appendices, tables, and indices thereto, is adopted and incorporated in this chapter as if fully set out at length in this chapter and the provisions thereof shall be controlling within the limits of the City, pursuant to the provisions of Section 50022 et seq., of the California Government Code. (Ord. 515 § 2, 2009; prior code § 162.010)
Item Number: 13.

12 Exhibit B
Chapter 17.44

SIGN REGULATIONS
Sections:

17.44.010 Purpose and Intent

17.44.020 General Provisions and Policies

17.44.030 Sign Definitions

17.44.040 Procedures and Permit Requirements

17.44.050 Exempt Signs

17.44.060 Permitted Signs

17.44.070 Temporary Signs

17.44.080 Prohibited Signs

17.44.090 Design Guidelines

17.44.100 Construction and Maintenance

17.44.110 Discontinuance of Business

17.44.120 Nonconforming Signs

17.44.130 Declaration of Public Nuisance - Enforcement

17.44.010 Purpose and intent
A. This chapter is intended to implement the goals and policies of the General Plan of the City of Desert Hot Springs by preserving and enhancing the visual aspects of the City and to promote the orderly and attractive construction, placement, and display of signs throughout the City of Desert Hot Springs. Other interests served include the promotion of tourism and commerce and the overall quality of life as affected by signs. These general provisions serve as specific development standards to be applied in addition to any provisions within each base or overlay zoning district.

B. This chapter is further intended to comply with state and federal laws requiring the posting of signs and notices, and to create standards that will promote the health, safety, and general welfare of the City by regulating the design, material, construction, illumination, location, and maintenance of all signs and sign structures.

C. This chapter is also intended to provide for a more orderly presentation of advertisements and identification of properties within the City, to provide directional and destination information to serve the public convenience, reduce traffic and safety hazards, and to further bring signs in harmony with the building, the neighborhood, and other signs in the area.

D. The City further intends, by this sign chapter, to balance the needs for signs as means of expression with the need to protect the visual environment from signage that adversely affects the character of the neighborhood and its property values. Any adverse effect on property values results in loss of tax revenue to the detriment of the public as a whole.

E. In adopting this chapter, the City recognizes that sign blight is the functional equivalent of a public nuisance adversely affecting the aesthetics, vitality, value, and enjoyment of property and creating a hazard to vehicular and pedestrian traffic. The elimination of sign blight promotes aesthetics which tends to attract tourists, residents, and industries to the City; in turn, providing a favorable Item Number: 13.

13 environment for private industries, in particular the tourist industry, thereby resulting in an economic advantage.

F. All signs are further subject to all relevant Declarations of Conditions, Covenants, and Restrictions (commonly referred to as CCRs) in conjunction with other rules, regulations and policies adopted by the landowner upon which a sign, or proposed sign, is to be sited.

G. The number and area of signs as outlined in this chapter are intended to be maximum standards.

17.44.020 General provisions and policies
The provisions and policies stated in this section apply to all signs within the regulatory scope of this chapter and override any provisions to the contrary contained elsewhere in this chapter.

A. Message Neutrality. It is the City’s policy to regulate signs in a constitutional manner, which is content-neutral as to both noncommercial and commercial signs. For the purposes of this Chapter, message neutral and content neutral regulation is a “time, place, manner” regulation, which as the name suggests, does no more than place limits on when, where, and how a message may be displayed or conveyed.

B. Regulatory Interpretations. All regulatory interpretations of this chapter are to be exercised in light of Subsection A mentioned above. Whenever any sign permit or other authorization is subject to a discretionary review, such review shall not consider the message content of the sign, other than whether any proposed commercial messages thereon are off-site or on-site. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this chapter, or whenever a sign does not qualify as a “structure” as defined in the building code, then the approving authority shall approve, conditionally approve, or disapprove the application based on the most similar sign type that is expressly regulated by this chapter.

C. Rules for Noncommunicative Aspects of Signs. All rules and regulations concerning the noncommunicative aspects of signs, such as location, size, height, illumination, spacing, orientation, etc., shall be enforceable independently of any permit or approval process.

D. Multiple Use Zones. In any zone where multiple uses are allowed, the signage rights and responsibilities applicable to any particular use shall be determined as follows: The particular use shall be treated as if it were located in a zone where that particular use would be allowed, either as a matter of right or subject to a conditional use permit or similar discretionary process.

E. Owner’s Consent. No sign may be displayed on real or tangible personal property without the express and written consent of the legal owner of the property on which the sign is mounted or displayed. For purposes of this policy, “owner” means the holder of the legal title to the property and all parties and persons holding a present right to possession, control or use of the property.

F. Safety Codes. In addition to the requirements of this chapter, all signs displayed in the City must comply with all applicable safety codes, such as building, plumbing, electrical, mechanical, grading, fire, etc.

Item Number: 13.

14 G. Other Laws. All signs displayed in the City must comply with the requirements of this chapter and the requirements of all other applicable laws.

H. Permit Requirement. It is unlawful to display any sign within the limits of the City without a sign permit, unless the particular sign is expressly exempted from the permit requirement by a provision of this chapter, state or federal law.

I. Severance. If any section, sentence, clause, phrase, word, portion, or provision of this chapter is held invalid or unconstitutional or unenforceable by any court of competent jurisdiction, such holding shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this chapter which can be given effect without the invalid portion. In adopting this chapter, the City Council affirmatively declares that it would have approved and adopted the chapter even without any portion which may be held invalid or unenforceable.

17.44.030 Sign definitions
“Abandoned sign” means any sign or display remaining in place or not maintained for a period of 90 days or more for which no longer advertises, or which pertains to a time, use, event, purpose, or business which no longer exists.
“Abatement” means the elimination and removal of any sign in violation of this chapter. “Address sign” means the numeric reference of a structure or use to a street, which may be included as part of a wall, pylon, or monument sign.
“Advertise,” “advertising” or “advertisement” refers to any message, communication or expression identifying a business or development, announcing the availability of a product, merchandise, or service, making claims as to the value or quality of any product, merchandise or service or otherwise attracting attention to or promoting (either directly or indirectly) any product, merchandise, or service. “A-frame sign” means a temporary sign with two faces that are hinged together to create an ‘A’ or triangle shaped device. A-frames are usually portable and are also referred to as “sandwich boards.” “Amortization,” as pertaining to this chapter, means the gradual extinction of nonconforming signs. “Awning” means a nonstructural covering attached to a building or supported by freestanding posts for the purposes of giving shade to pedestrians or windows and door openings. Awnings are generally made of canvas or other cloth material.
“Awning, canopy, or marquee sign” means a sign that is printed on, painted on, or attached to an awning, canopy or marquee.
“Backlit sign” means freestanding letters constituting a sign utilizing electrical illuminated fixtures at the reverse side of the sign creating a “halo” effect around the perimeter of each of the individual letter components that are nonilluminated (opaque) face panels so that only letters and/or logos appear to be back-lit, with no visibility of the lighting element source. “Reverse channel sign” is an equivalent term.

Item Number: 13.

15 “Banner or flag sign” means a sign composed of light weight material either enclosed or not enclosed in a rigid frame. Any cloth, bunting, plastic, paper, or similar material attached to or pinned on or extending out from any structure, staff, pole, line, framing or vehicle, including captive balloons and inflatable signs.
“Building,” for purposes of this chapter, includes any structure requiring a building permit. “Building face and/or frontage” means the length of the single front building elevation in which the primary entrance to the business is located. If more than 1 business is located in a single building, then such length shall be limited to that portion which is occupied by each individual business. “Cabinet sign” means a traditional box-type sign comprised of a face and sides, with designs ranging from simple plastic faces to metal faces with embossed letters that can be internally illuminated, externally illuminated or nonilluminated. “Box sign” or “can sign” are equivalent terms. “Canopy” means a roof-like structure extending from part or all of a building face and constructed as a permanent part of the building, either attached or freestanding, that is capable of allowing vehicles to freely pass under.
“Changeable copy sign” means a sign designed to allow the changing of lettering, messages, or other information through manual, mechanical, or electrical means including time and temperature. Changeable copy signs may have multiple messages that are individually displayed at common intervals, such as a traditional movie theatre marquee sign or billboard.
“Channel letter sign” means signs consisting of individually lettered and/or sculpted cabinets that are individually internally illuminated or nonilluminated with electrical elements with translucent letter faces. “Pan channel letter sign” is an equivalent term.
“Civic event sign” means a temporary sign, posted to advertise a civic event sponsored by a public agency, school, religious institution, civic fraternal organization, or similar noncommercial organization. “Construction sign” means a temporary sign erected on the parcel on which construction is taking place, limited to the duration of the construction, indicating the names of the architects, engineers, landscape architects, contractors, or similar artisans, and the owner, financial supporters, sponsors, and similar individuals or firms having a major role or interest with respect to the structure or project. “Contour sign” is similar to a cabinet sign, however the fabricated box is designed to include in excess of 4 corners, intended to provide an exterior outline of a letter or logo. “Sculpted sign” is an equivalent term. “Co-tenant or multiple-tenant” refers to a tenant in a structure that contains more than one business adjoined by a common wall or roofline on the same site. For the purposes of this chapter, a co-tenant also refers to a tenant of a commercial landlord that leases or otherwise makes space available within a primary business for a secondary or ancillary business or service requiring additional or separate signage. “Directional sign” means signs limited to directional messages, principally for pedestrian or vehicular traffic, such as “one-way,” “entrance,” or “exit.”
Item Number: 13.

16 “Directory sign” means a sign listing the tenants or occupants and their suite numbers in a building, center, subdivision or planned unit development.
“Discontinuance of business” means a business that has been discontinued based upon written notice from the business owner(s) or based on evidence of vacancy, see “evidence of vacancy”. “Double faced sign” means a single structure designed with the intent of providing copy on both sides. “Downtown area” means the Commercial Downton (C-D) zoned portion of the downtown corridor area as designated in the City’s adopted Zoning Map.
“Eave line” means the top of a parapet wall or the lowest point of a pitched roof, including mansard style roofs. Where a parapet wall is combined with a mansard roof, the eave line shall be the top of the parapet. “Evidence of vacancy” means any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions include, but are not limited to, overgrown and/or dead vegetation, accumulation of newspapers, circulars, flyers and/or mail, past due utility notices and/or disconnected utilities, accumulation of trash, junk and/or debris, the absence of window coverings such as curtains, blinds and/or shutters, the absence of furnishings and/or personal items consistent with residential habitation, statements, based on observations, by neighbors, passersby, delivery agents, government employees that the property is vacant. “Exposed neon sign” means the use of glass tubes filled with neon, argon, or similar gas creating a colored light, the glass tubes bent to form letters, symbols or other shapes that constitute a sign without shield or face coverings.
“Face or wall of a building” means the outer surface of any main exterior wall or foundation of a building, including windows and storefronts.
“Feather sign or feather flag” means a vertical portable sign that contains a harpoon-style pole or staff driven into the ground for support, or supported by means of an individual stand. It is typically a sign made of flexible material that is generally, but not always, rectangular in shape and attached to a pole on side so the sign can move with the wind.
“Freestanding sign” means a sign supported by one or more uprights, braces, poles, or similar components placed upon or into the ground and detached from any building.

Item Number: 13.

17 “Frontage” means the length of the horizontal distance of a site parallel and adjacent to a street or other public thoroughfare, but not including such length along an alley or railroad. “Gator foam board sign” means an extruded polystyrene foam board material bonded between 2 layers of contrasting material/fiber veneer used to comprise letters and/or logos for sign purposes. “Height of sign,” unless otherwise indicated, means the greatest vertical distance from the existing or planned grade of the top of the curb or street frontage to the highest element of a sign. For sloped elevations, the height shall be measured from the midpoint of the sign and shall be applicable to the whole sign.
“Identification sign” means a sign that identifies the name, nature, logo, trademark, symbol or insignia, address, or any combination of the name, symbol and address of a building, business, project, development, or establishment.
“Illegal sign” means any of the following:

1. A sign erected without first complying with all ordinances and regulations in effect at the time of its construction and erection or use;

2. A sign that was legally erected, but whose use has ceased, or the structure upon which the display is placed has been abandoned or not maintained by its owner, or not used to identify or advertise an ongoing business for a period of not less than 90 days;

3. A sign that was legally erected which later became nonconforming as a result of the adoption of an ordinance, the amortization period for the display provided by the ordinance rendering the display nonconforming has expired, and conformance has not been accomplished;

4. A sign which is a danger to the public or is unsafe; or

5. Any sign that constitutes a traffic hazard or creates any other unsafe condition. “Illuminated sign” means a sign with an artificial source of light for the purpose of illuminating the sign. “Monument sign” means a low-profile independent structure supported on grade at the bottom of the sign with the appearance of having a solid base set in a landscaped area and incorporates the materials and architectural theme of the building(s) on the same property. “Multi-tenanted building” means a building containing more than one individual business within a shopping, professional or industrial complex.
“Neon sign” means any sign containing neon or other inert gaseous chemical that provides a visible discharge or that glows.
“Nonconforming sign” means any sign which fails to conform to the regulations of this chapter. “Nonresidential” refers to property not improved with or zoned for a single- or multiple-family residence. “Off-site sign” means a sign or sign structure, including billboards, of any kind or character, including billboards which advertises products, merchandise, activity, or service not available on or at the premises upon which the sign is located. Bus benches with advertising are not included within this definition. For Item Number: 13.

18 purposes of this chapter, the on-site/off-site distinction applies only to commercial messages; all signs with noncommercial messages shall be deemed to be on site, regardless of location. “On-site sign” means any commercial sign which advertises products, merchandise, activity, or service available on or at the premises upon which the sign is located. For purposes of this chapter, the onsite/off-site distinction applies only to commercial messages; all signs with noncommercial messages shall be deemed to be on site, regardless of location.
“Painted Sign” means a sign painted, either on a face, wall, roof, of a building or other structure, nonelectrical in nature except such signs may have illumination from exterior light. “Pole sign” means a freestanding sign of which the entire bottom of the sign is generally in contact with or in close proximity to the ground and which has a width of 2 feet or a height at least 3 times the width. “Portable sign” means a sign that is not permanently affixed to a structure or the ground. “Pylon sign” means a sign face that is elevated by one or two structural supports that is architecturally integrated with the design of the primary structure on the property excluding pole signs, directional signs, billboards, and freeway-oriented signs.
“Residential” refers to property improved with or zoned for single- or multiple-family residence(s). “Roadway Memorial Sign” is a statement of grief placed near a roadway. “Roof line” means the upper edge of any building wall or parapet exclusive of any sign tower for any flat roof structure, or a line halfway between the eave line and the ridge line of the roof, exclusive of any sign tower, of any gable-roof structure.
“Roof sign” means a sign erected, constructed, or placed upon or over the eave or roof of any building or, in the case of a flat roof structure, one that extends over or above the roof line, or any sign affixed to the wall or a building so that it projects above the eave line of a roof; and which sign is wholly or partially supported by the building; but not including a sign on a mansard roof, portico or canopy if said mansard roof, portico or canopy is architecturally integrated with the building. “Sculpted sign” is similar to a cabinet sign, however the fabricated box is designed to include in excess of 4 corners, intended to provide an exterior outline of a letter or logo. “Contour sign” is an equivalent term. “Shopping center” means a group of at least three or more businesses, within a building or buildings, which functions as an integral unit where common vehicular access to the street and common on-site parking facilities are provided.
“Sign,” in addition to its common meaning, means any mark or painted character on any object, structure, device, figure, statuary, painting, display message, placard, or other contrivance, or any part thereof, visible from outside of a structure. The word “sign” also includes any graphic announcement, declaration, demonstration, display, illustration, or insignia when the same is placed in view of the general public. For the purposes of this chapter, at all times that a sign is being held by an individual, it shall be exempt from this chapter. A sign shall not mean murals, paintings, or other works of art.

Item Number: 13.

19 “Sign area” means the entire face of a sign, including the surface and any framing, projections, or molding, not including the support structure. Individual channel-type letters mounted on a building shall be measured by the area enclosed by 4 straight lines outlining each word or grouping of words. “Sign face” means the surface or that portion of a sign that is visible from a single point as a flat surface or a plane and considered as such together with the frame and the background. “Sign program” means a coordinated plan for signage for an individual building or group of buildings approved pursuant to the provisions of this chapter. The sign program will identify the placement and size of all signs, as well as the materials and method of illumination to provide consistency among signs and compatibility with the architecture of the building(s). “Special design district sign criteria” means special design criteria established by the City governing sign allowances for designated areas of the community defined by specific boundaries or other criteria or elements as may be established by the City.
“Temporary sign” means a sign intended to be displayed for a limited period of time. Such signs may include, but are not limited to, banners, pennants, flags, streamers, balloons, or other inflated signs. “Vehicle sign” means a sign which is attached to, painted on, placed upon, or suspended from a vehicle or trailer, either operable or inoperable, which is subject to state licensing before it can legally operate on public roads and highways. This shall not include bumper stickers or the permanent finish on the body of the vehicle.
“Wall plaque sign” means a sign typically affixed to the wall directly adjacent to a business door identifying a room number, person’s name, year building was constructed, or similar communications, not used as a primary means of advertising the location of the business. “Wall sign” means a sign painted on or fastened to an exterior wall of a building or structure with the exposed face of the sign in a plane approximately parallel to the plane of the exterior wall and not extending above the eave line, and not projecting more than 12 inches from the building or structure. The lowest part of the mansard-style roof shall be considered the eave line. “Window sign” means a sign that is applied, affixed, or attached to a window or glazing and located in such a manner that it can be seen from the exterior of the structure.

To the extent that any term of legal or other professional art appearing in this chapter has not been defined in this section or elsewhere in this code, that term shall be understood to have the meaning and construction customarily applicable in such profession as of the time of the adoption of this chapter.

Unless otherwise defined herein, or unless a term of legal or professional art, all terms shall be construed according to their plain English signification.

The rule of the common law, that statutes in derogation thereof are to be strictly construed, shall have no application to this chapter, which shall be liberally construed to accomplish its ends, saving where the Constitution or laws of the United States or the state of California shall require otherwise.

17.44.040 Procedures and permit requirements
Item Number: 13.

20 A. Permit Required. Unless otherwise exempted by this chapter, it is unlawful for any person to erect, construct, enlarge, alter, repair, improve, convert, demolish, relocate, or equip any sign within the City, including painted signs, or to cause or allow the same to be done, without first obtaining a written approval from the City of Desert Hot Springs Community Development Director or his/her designee.

B. Business License. All businesses requesting a sign permit pursuant to this chapter, including, but not limited to, sign companies installing signage within the City limits shall have a valid Desert Hot Springs business license.

C. Application for Sign Permit. Application for a sign permit shall be made on a form provided by the Planning Department and shall be accompanied by a fee as established by City Council resolution.

The applicant shall submit dimensioned plans to scale. Plans shall include elevations and sign faces in color. The sign permit application shall include the following information:

1. The location and size of all existing and proposed buildings or structures on the property (including linear feet of frontage facing each public right-of-way and parking lot);

2. The location of off-street parking facilities including major points of entry and exit for motor vehicles where directional signs may be proposed;

3. The design, size, colors, materials and lighting proposed, and the proposed location of the sign or sign structure on the property (color and material samples shall be submitted);

4. The method of attachment of the sign to any structure, the footing details for freestanding signs and the electrical details for illuminated signs;

5. Location of any easements and utilities encumbering the property on which the sign(s) will be placed;

6. A written statement, diagrams or pictures identifying sizes and dimensions of all other signs existing on the property, under the control of the applicant;

7. A written statement, diagrams or pictures identifying the size, square footage of sign and method of calculation, and color relationships of such sign or sign structure to the appearance and design of existing or proposed buildings and structures on the property;

8. Such other information as the Planning Department may reasonably require to demonstrate full compliance with this chapter and all other applicable laws.

D. Issuance of Sign Permit. The completed sign permit application and appropriate fee shall be submitted to the Planning Department and processed as follows:

1. The Planning Department shall review the application and supporting information for the sign permit. Should the application not be complete, or should the application fail to comply with the provisions of this chapter, the Community Development Director or his/her designee shall notify the applicant in writing of how the application is incomplete, or how it does not comply with this chapter.

2. All sign permit applications shall be reviewed by the Planning Department. The Community Development Director or his/her designee shall approve any application subject to the following criteria:
a. Approval of the proposed sign would be consistent with the provisions of this chapter; b. The sign does not constitute a detriment to public health, safety, and welfare; and c. The proposed sign is in compliance with all applicable City codes, including, but not limited to, Electrical Codes.

Item Number: 13.

21 3. In the event the Community Development Director or his/her designee finds a single proposed sign, which is not part of a sign program, to be incompatible with the provisions of this chapter, the Director shall grant approval of the sign so long as all of the following findings are made by the Director:
a. The sign is highly creative in nature, including architectural, design, special characteristics and the like;
b. The sign is required because of special project characteristics (e.g., the size of the site, the size and/or number of proposed signs, limited site visibility, classic or historic site, etc.); c. The sign complies with all applicable Building and Fire Codes and will not be a hazard to public health and safety;
d. The design of the sign is integrated into the design of the other uses on the property, if any;
e. There are no outstanding Code Compliance matters on the property upon which the sign sits; and
f. The approval of the sign is for the benefit of public health, safety, and welfare.

E. Application for a Sign Program. A sign program is intended to integrate project signs into the architectural design of the site, thereby creating an architectural statement of high quality. A permit for a sign program shall be required for all new commercial, office, and industrial centers consisting of three (3) or more tenant spaces within the same structure or building. The application for a sign program shall be filed with the project application to construct the center and shall be processed concurrently with the project application. The purpose of the program shall be to integrate signs with the building’s architectural and landscaping design to form a unified architectural statement.

This may be achieved by:

1. The use of the same background color but allowing signs to be of different colors which are complimentary to the other tenant signages. Deviation from color criteria is allowed subject to review and approval of the Planning Commission. It is recommended that the sign contain seven (7) words or less with sufficient letter thickness to avoid clutter and maintain clarity.

2. The use of the same type of cabinet supports, or method of mounting for signs, and the same type of construction material for components, such as sign copy, cabinets, returns, and supports.

3. The use of the same form of illumination of the signs.

4. Uniform sign placement specifications, letter height, and logo height for both anchor tenants and minor tenants.

5. Logos may be permitted and are not subject to the color restrictions specified in the program. However, no logo should exceed 25% of the allowable sign area. Deviation from logo area criteria is allowed subject to review and approval of the Planning Commission. (Prior code § 159.22.040)
F. Revisions to Sign Programs. Revisions to sign programs may be approved by the Community Development Director or his/her designee, so long as the revision is consistent with the requirements of this chapter and the appropriate findings can be made. Revisions that would substantially deviate from the original approval shall require the approval by the Planning Commission of a new sign program.

17.44.050 Exempt signs
The following signs shall be exempt from a permit application:

Item Number: 13.

22 A. Signs required or contemplated by County, State or Federal law; signs erected by the City Engineer on public property or in the public right-of-way to instruct or direct traffic; and signs owned or permitted by a governmental agency over which the City does not have jurisdiction are exempted from the regulations in this chapter.

B. Signs within a structure not visible from the outside of a building; C. Flags, not to exceed fifteen square feet per flag, per residential lot; provided, however, that all flag poles shall be subject to other zoning and building permit requirements and that no flags shall be permitted on a vacant lot;
D. A maximum of five flags not exceeding sixty square feet each, on nonresidential lots; provided, however, that no flags shall be permitted on a vacant lot; E. Wall plaque signs provided that all of the following conditions exist:

1. The signs number no more than two per lot or, in the case of lots with multiple units, two per unit,

2. The area of said signs shall not exceed one square foot per sign if located on residential lots containing four units or less, and

3. The area of said signs shall not exceed two square feet per sign if located on a nonresidential lot, or on a residential lot containing five or more units; F. On-site for-sale or for-rent signs, during the period that the subject property is offered to the general public for sale or for lease, subject to the following provisions:

1. Said signs shall be limited to one per street frontage, with a maximum two per lot,

2. Said signs shall not exceed five feet in height,

3. On a residential lot, each such sign shall not exceed four square feet of sign area,

4. On a nonresidential lot, each such sign shall not exceed thirty-two square feet per sign area,

5. Said signs shall be located outside the public right-of-way and shall not be located within the sight triangle, and

6. Up to five related off-site open-house signs shall be permitted during any period that the subject property is open for public inspection; provided that the property owner or agent is present at the site during the period of time that the sign is in place; and provided further that such signs are placed and removed within an eight-hour period;
G. A “no trespassing” or “no dumping” sign not exceeding 3 square feet shall be permitted for each property in addition to other authorized signs.

H. Roadside Memorial Signs, which are only erected for a period not exceeding thirty (30) days, so long as they comply with all safety provisions of this Chapter, including but not limited to impeding public right of way, impeding sight triangles and/or driver visibility, etc. If the Roadside Memorial Sign is erected for a period longer than thirty (30) days, it loses its exempt status and must comply with all applicable requirements of this Chapter.

Item Number: 13.

23 I. A-Frame sign, pedestal, or other stand type signs placed near the main entrance on private property and oriented to pedestrians, not to exceed three (3) sq. ft., 54 inches in height and may be twosided. Shall not impede public right of way access, be illuminated, or be permanently affixed. One per establishment is allowed and does not require a temporary sign permit.

17.44.060 Permitted signs
The following signs are allowed with an approved sign permit or, if indicated, a sign program.

PERMITTED SIGNS IN RESIDENTIAL DISTRICTS
CLASS TYPE MAX. NUMBER MAX.

SIGN
AREA
MAX. SIGN
HEIGHT

LOCATION ILLUMINATION

ALLOWED

REMARKS

1. Name Plate ‐
Single family uses
Wall/door 1 per occupied
Unit
2 sq ft Below eave line Wall/door Internal only Name of occupancy and
address

2. Identification
Sign – Multifamily
or condominium
complex
Wall or
Monument
sign
One Sign per
entrance with
max. 15 sq ft
each
12 sq ft Below eave line
for wall sign & 6
ft. for monument
At or near main
entrance
External Name of
complex or
development

3. Identification
Sign – Residential
Community Single
Family
Wall or
Monument
sign
Two signs per
primary entrance
40 sq ft 6 ft. At primary
entrances to
residential
community
External   Name of
complex or
development

4. Identification
Sign – Mobile
Home Parks
Wall or
Monument
sign
One sign per
street frontage
40 sq ft 6 ft. At primary
entrances to mobile
home park
External   Name of
complex or
development

5. Identification
Sign –
Nonresidential Uses
within Residential
Districts
Wall or
Monument
sign
One sign of each
type
20 sq ft Below eave line
for wall sign & 6
ft. for monument
At primary entrance External Allowed for
churches, day
care centers,
private clubs,
and similar uses
permitted in
residential
districts

6. Identification
Sign ‐ Commercial
Uses within
Residential Districts
Wall or
Monument
sign
One sign of each
type
20 sq ft Below eave line
for wall sign & 6
ft. for monument
At primary entrance External Only for
commercial
uses allowed in
residential
zones with a
Conditional Use
Permit

7. Identification
Sign – Hotels,
Motels, Bed &
Breakfast
Standards shall be the same as for uses in commercial and industrial zones. However, the number of signs, sign area, height, and illumination may be reduced if the use is located in or adjacent to a residential zone.

For Hotels and
Motels
permitted with
a Conditional
Use Permit
Item Number: 13.

24 PERMITTED SIGNS IN COMMERCIAL, VISITOR SERVING, AND MIXED‐USE DISTRICTS CLASS TYPE MAX. NUMBER MAX. SIGN
AREA
MAX. SIGN
HEIGHT

LOCATION ILLUMINATION

ALLOWED

REMARKS
Single Tenant, not part of a center

1. Business
Identification
Flush‐
mounted or
projecting
building‐
mounted
wall sign
1 single face
sign per
building., street
frontage, max.
2 signs per
business

1.5 sq ft of
sign area per
each lineal
ft. of bldg.
fronting on
street 100
sq ft
max.1 Max.
25 sq ft per
face for
projecting
signs
May not
project above
the eave line
Sign shall be
located adjacent
to the right‐of‐
way from or
entrance of the
building.

Yes Both projecting and
flush mounted wall
sign shall not be on
the same frontage.

2. Business
Identification
Monument 1 double face
sign per
frontage
32 sq ft 7 ft   May be located
in landscape
area
Yes

3. Business
Identification
– Commercial
Highway
District (C‐H)
only
Pole Sign   1 double face
sign per
frontage
125 sq ft per
face
25 ft with 22
ft max. sign
face or copy
areas height
monument or
supportive
structure to
consist of an
area face or
copy area
Shall be placed
with the intent
to advertise to
freeway vehicles
Yes Site shall be in
commercial highway
(C‐H) zoning
designation.

6. Drive
through
restaurants
Menu board 1 per drive
through lane
30 sq ft 7 ft Shall not be
located so as to
be a hazard for
driveway or
corner radius
Yes Shall face away from
the street
Multi‐Tenant Shopping Centers (two or more tenants)
CLASS TYPE MAX. NUMBER MAX. SIGN
AREA
MAX. SIGN
HEIGHT

LOCATION ILLUMINATION

ALLOWED

REMARKS

1. Business
Identification
Wall or
Canopy
1 single face
per bldg. or
street frontage
or parking lot
frontage. Max.
2 signs per
business

1.5 sq ft of
area per
lineal ft. of
bldg.
frontage on
a street, not
to exceed 75
sq ft 2
Shall not
project above
the eave line
May be located
on project site
Yes

2. Business
Identification
Window
(permanent)
1 sign per
window
25% of the
glass area
upon which
The area
between 4 ft
and 7 ft shall
Shall be placed
on the inside of
No Allowable aggregate
of window sign(s) area
shall include area of
Item Number: 13.

25 the sign is
located
remain clear a window allowable wall sign.

3. Business
Identification
– Shopping
center less
than 15 acres
Monument 1 double face
per each street
frontage
75 sf per
face
Sign shall not
exceed the
height of the
structure it
identifies or
20 ft,
whichever is
less.

Yes A. A min. of 20% of
the sign area shall be
dedicated to center
identification. 3

4. Business
Identification
– Shopping
Centers 15
acres or
greater
Monument 1 double face
per each street
frontage
120 sf per
face
Sign shall not
exceed the
height of the
structure it
identifies or
20 ft,
whichever is
less.

Shall not be
located so as to
be a hazard for a
driveway
Yes A min. of 20% of the
sign area shall be
dedicated to center
identification. 4

5. Business
Identification
– Center
adjacent to
freeway
within
Commercial
Highway (C‐H)
zoning
Monument
or Pole
1 double face
sign per center
125 sq
ft/face
25′ with 22′
max sign face
or copy height
& monument
or supportive
structure to
consist of an
area equal to
sign face or
copy area
May be located
in landscaped
setback area
Yes Center site must have
at least 300′ of
frontage adjacent to
the right‐of‐way of a
State or Federal
freeway

6. Drive
through
restaurants
Menu board 1 per drive
through lane
30 sq ft 7 ft Shall not be
located so as to
be a hazard for
driveway or
corner radius
Yes Shall face away from
the street
Service Stations
CLASS TYPE MAX. NUMBER MAX. SIGN
AREA
MAX. SIGN
HEIGHT

LOCATION ILLUMINATION

ALLOWED

REMARKS
Service
Station
Wall 1 per street
frontage; max.
2 10% of bldg.
face not to
exceed 75 sq
ft.

Not above
eave line or
20′,
whichever is
less
Yes A combination of
monument & wall
may be used, but no
more than a total of 3
signs.

Service
Station
Monument 1 per street
frontage; max.
2 32 sq ft per
face
(excludes
area
required for
state
regulations)
7’   Yes The monument sign
shall be designed to
include the identity of
the station. Price signs
are allowed in
accordance with State
regulations.

Item Number: 13.

26 Service
Station ‐
Special
Wall or
ground
1 for each
pump island,
not to exceed a
total of 8 per
station.
2 sq ft per
face
8’   No Special service signs
shall be limited to
such items as self‐
serve, full‐serve, air,
water, and cashier &
shall be
nonilluminated.
1 75 sq ft max. sign area in C-N District; In addition, 1.5 sf of sign area per lineal ft. of the bldg.’s rear elevation if a public entrance is provided from a rear street or parking lot. 50 sf max. 2 In addition, 1.5 sq ft of sign area per lineal ft. of the bldg.’s rear elevation if a public entrance is provided from a rear street or parking lot. Not to exceed 50 sq ft. 3 Minimum Street frontage of 200 ft required. Sign may identify center and/or up to 5 major tenants.

Planter base or landscape area equal to or greater than four (4) times the area of one (1) face of a sign.

Vertical clearance of 10 ft required for freestanding signs projecting over vehicular passageway. 4 Minimum Street frontage of 1,200 ft required. If street frontage is less than 1,200′, then the monument sign development standards for the centers less than 15 acres apply. Sign may be up to six (6) major tenants. Planter base or landscape area equal to or greater than four (4) times the area of one (1) face of the sign. Vertical clearance of 10 ft required for freestanding signs projecting over vehicular passageway.

PERMITTED SIGNS IN INDUSTRIAL DISTRICT
CLASS TYPE MAX. NUMBER MAX.

SIGN
AREA
MAX. SIGN
HEIGHT

LOCATION ILLUMINATION

ALLOWED

REMARKS
Business
Identification –
Single Tenant
Monument
Sign
2 per street
spaced a
minimum of
200 ft apart
Not to
exceed
100 sq ft.

Monument
signs 8′
above grade
or max of 4′
above
landscape
mound.

Shall not be
located to
create traffic
hazard for
driveway or
corner radius as
determined by
the City
Engineer
Yes Planter area or
landscape area
equal to or greater
than the area of 1
face of a sign.1
Business
Identification –
Single Tenant
Wall
1 per street 1 sq ft of
sign area
per each
lineal foot
of bldg.
frontage,
not to
exceed
200 sq ft.

May not
project
above eave
line
Building façade
or other
location below
the eave line
Yes Shall contain only
the name & product
of the company.

Business
Identification –
Multi‐tenant
Wall 1 per tenant 1.5 sq ft
of sign
area per
lineal ft.
of lease
frontage,
not to
May not
project
above eave
line
Building façade
or other
location below
the eave line
Yes a. Multi‐tenant sites
shall develop a
coordinated sign
program for all
tenants.
b. Allowable
aggregate wall sign
Item Number: 13.

27 exceed 25
sq ft in
area
area shall include
window area(s)
used for permanent
signing.

Business
Identification –
Center or Project
Entrance
Monument
1 per street
entrance & 1
per major
intersection
40 sq ft
per face
8′ above
grade or max
4′ above top
or planter or
landscape
mound
Shall not be
located so as to
create traffic
hazard for
driveway or
corner
Yes a. Planter base or
landscape area
equal to or greater
than the area of 1
face of a sign.
b. Shall contain only
the name of the
center or project,
no tenant
information.

Business
Directory
Freestanding
1 per street or
parking lot
frontage
32 sq ft
per face
8’ Ground
mounted
Yes a. Intended to list
only the names &
addresses of on‐site
occupants.
b. Shall be designed
as part of overall
sign program.
1 A combination of wall & monument signs may be used; however, their combined area shall not exceed the max. sign area & no more than three (3) signs per business.

MISCALLANEOUS SIGNS
CLASS TYPE MAX. NUMBER MAX. SIGN
AREA
MAX. SIGN
HEIGHT

LOCATION ILLUMINATION

ALLOWED

REMARKS
Business
Identification ‐
Awning
Permanent
Awning Sign
One sign per
awning allowed
in addition to
other signs
Letter height
shall not
exceed one‐
third of the
awning
height
Placed on the
awning or
awning valance,
but not on both
No
Business
Identification –
Pedestrian
oriented
permanent
Blade sign or
similar
hanging sign
One per
establishment
6 sq ft
May be two
sided
Under awnings,
arcades, or
similar
architectural
treatment not
intended for
visibility of
vehicular
patrons
No Shall maintain 8
ft height egress
clearances

17.44.070 Temporary signs
Item Number: 13.

28 A. Except as otherwise provided in this chapter, no temporary sign displaying a commercial message shall be allowed unless the applicant shall have first filed a temporary sign permit application; paid the filing fee as provided by resolution of the City Council; and the Community Development Director or his/her designee has approved the proposed temporary sign. The proposed temporary sign application shall include a statement of compliance with this chapter and certify the person responsible for removing the sign and, in the event the sign is not timely removed consistent with the provisions of this chapter, the person responsible for reimbursing the City for any cost incurred to remove and dispose of the sign. A proposed temporary sign application shall be approved by the Community Development Director or his/her designee immediately upon submission if the requisite fee has been paid and the proposal demonstrates that each proposed sign meets all the conditions applicable to a temporary sign as set out in this chapter.

B. The sign shall be limited to a maximum display period of 120 days within a 365-day period.

Multiple temporary sign permits may be issued for any duration, not to exceed a maximum of 120 days within a 365-day time period.

C. The following temporary banner display criteria shall apply:

1. All temporary banners shall be constructed of durable material that will not deteriorate during the time period in which the banner is displayed. Temporary banners which become frayed, torn, faded, or showing similar signs of fatigue or failure shall be deemed to be in violation of these provisions.

2. All temporary banners shall be securely affixed to the face of the façade of the building housing the business where the business is located.

3. Temporary banners shall not be affixed to fences, light poles, trees, extended over parking and/or landscaped areas or other similar techniques.

4. No temporary banners shall be affixed on, within, or over any public right-of-way.

D. No temporary sign shall be placed or erected on any property within the City without the consent of the owner or tenant of such property.

E. Temporary signs in a commercial or industrial zone with a commercial message shall be allowed only where permanent signs are allowed.

F. Temporary signs shall not be illuminated.

G. No temporary sign shall be placed, attached, or erected on public property, or in the street right-ofway, including, but not limited to, utility poles, sign poles, trees, fences, walls and public buildings, except as otherwise expressly provided in this chapter.

H. No temporary sign shall be placed so as to pose a visibility hazard to pedestrian or motor vehicle traffic, and no sign shall be located within a sight triangle.

I. The temporary signage shall be limited to a maximum of sixteen square feet per sign, a maximum height of ten feet, with a cumulative maximum area of eighty square feet, per lot, and no illumination is allowed; except, however, that on nonresidential lots improved with a multi-unit structure, the maximum sign face area per sign shall be increased to thirty-two square feet. In Item Number: 13.

29 addition, on nonresidential lots improved with a multi-unit structure, each unit shall be allowed one additional temporary sign, mounted on the wall, below the eave line and above the doors and windows, subject to the following:

1. For each unit with 15,000 or less square feet of finished interior space, the sign face area shall not exceed 24 square feet; and

2. For each unit in excess of 15,000 square feet of finished interior space, the sign face area shall not exceed 50 square feet.

J. Temporary signs placed in violation of this chapter may be removed at the direction of the Code Compliance Director or designee, subject to the following notice requirements:

1. If a temporary sign is found in the public right-of-way or on public property and constitutes a threat to public safety, it may be removed immediately. Additionally, a temporary sign remaining on public property or within the public right-of-way more than 10 days after the event that is identified on the sign face may be removed immediately. Said signs may thereafter be destroyed if the owner has been given at least 15 days’ notice but has not claimed the sign, or if the responsible party cannot be identified and/or located. If said sign is identified in a temporary sign program on file with the City or has an identification label attached, said notice shall be directed to the responsible person identified therein.

2. Any other temporary sign deemed to be in violation of this chapter, but which does not pose an immediate threat to the public safety, shall be removed after the owner or responsible party, if same can be identified and/or located, has been given at least 24 hours’ notice but has not removed the sign. If not claimed by the owner within seven (7) days of removal, said sign may then be destroyed. If said sign is identified in a temporary sign permit on file with the City or has an identification label attached whereby the responsible person can be readily contacted, the following provisions shall apply:
a. The 24 hours’ notice to remove the sign shall be directed to the responsible person identified in the temporary sign permit or on the identification label, and; b. If within 24 hours of a request by City staff to the responsible person that a sign be removed, the responsible person causes the sign to be removed, said sign shall not be deemed a violation of this chapter and no further enforcement action shall be taken.

K. Any temporary sign used solely for the purpose of advertising or promoting an event occurring on a specific date, including, but not limited to, an election, shall not be maintained for a period in excess of 10 days after the happening of the event; except, however, a sign used only on the day of the event shall be removed immediately upon the conclusion of the event.

L. All signage shall be maintained in good repair and condition.

M. One (1) on-site portable sign may be allowed provided the sign meets all of the following requirements:

1. An approved temporary sign permit is on file in the Planning Department;

2. If an aerial or ground-mounted inflatable device, the portable sign shall not exceed a height of 15 feet; any other type of portable sign shall not exceed four (4) feet in height and 12 square feet in area;
Item Number: 13.

30 3. Portable signs shall not be set within, or extend into, the public right-of-way or line of sight triangle;

4. Portable signs shall be secured to the ground to assure stability under all weather conditions; weighting the base with sandbags or similar objects does not meet this condition;

5. Portable signs shall not be illuminated;

6. Vehicular-oriented portable signs shall be spaced at least 75 feet from the nearest portable or temporary sign; pedestrian-oriented portable signs shall be placed within 10 feet of the primary pedestrian entrance to a business, not to exceed one (1) such sign per pedestrian entry per street frontage;

7. All portable signs and portable sign structures shall be professionally fabricated; and

8. Portable signs shall only be allowed on nonresidential lots; provided, however, that portable signs shall not be allowed on any vacant lot.

17.44.080 Prohibited signs
A. Abandoned signs;
B. Animated, moving, flashing, blinking, reflecting, revolving, or any other similar sign, including searchlights, except electronic message board displays; C. Balloons and other inflated devices or signs designed to attract attention, unless permitted subject to Temporary Sign Permit;
D. Banners, feather signage, unless Temporary Sign Permit is first obtained, as provided by this chapter;
E. Cabinet or can signs that are internally illuminated with translucent panels that allow the entire sign background to be illuminated. Signs with internal illumination are permitted only if the sign background is opaque and the only portion of the sign that appears illuminated is the lettering and/or a registered trademark or logo;
F. Gator foam board signs;
G. Signs on public property, in the public right-of-way, or on public utility poles unless otherwise authorized by this chapter. This prohibition shall include all portable signs including those placed on vehicles with the exception of vehicle identification signs and permitted signs on taxicabs.

H. Signs which simulate in color or design a traffic sign or signal, or which make use of words, symbols or characters in such a manner to interfere with, mislead, or confuse pedestrian or vehicular traffic;

17.44.090 Design guidelines
A. Sign integration requirement. All signs shall be designed as an integral part of the overall building design and shall be located in a manner consistent with the building’s design.

B. Sign materials. Signs that are not temporary signs shall be constructed of permanent materials, including, but not limited to, metal, wood, acrylic, or other comparable durable weatherproof materials.

Item Number: 13.

31 C. Sign area computation. The area of signs shall be calculated according to Figure 17.44.01 (Sign Area Calculations).

Figure 17.44.01 Sign Area Calculation

1. The area of a sign shall be measured within a single continuous perimeter of not more than eight (8) straight lines enclosing the extreme limits of writing, representation, emblem, or any figure of similar character, together with any material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed.

2. In the case of a sign designed with more than one (1) exterior surface (e.g., two (2) sides), the area shall be computed as including only the maximum single display surface that is visible from any ground position at one (1) time.

3. The supports, uprights, or structures on which any sign is supported shall not be included in determining the sign area unless the supports, uprights, or structures are designed in a manner as to form an integral background of the display.

D. Sign height measurement – monument signs. The height of a monument sign shall be measured from the highest part of the text area of the sign to the grade of the adjacent street or the surface grade beneath the sign, whichever the Director determines is appropriate given the physical characteristics of the site. Decorative features of the sign approved by the Planning Department may be excluded from the measurement of sign height.

Figure 17.44.02 Sign Height Monument
Item Number: 13.

32 E. Sign height – wall signs. The uppermost part of a wall-mounted sign shall not be higher than the eave line of the building on which it is located as measured from the underside of the eave and in no event higher than 20 feet.

Figure 17.44.03 Wall Sign Height
F. Electrical raceways and conduits. Electrical raceways for signs shall be designed as an integral part of the sign or building design and shall not be visible. Electrical raceways and conduits shall be placed so that they are not within public view. Where this is physically impractical, or doing so would damage significant architectural features or materials, the Planning Director may grant a waiver of this requirement provided all raceways, conduits, and similar devices are designed in a way that they appear to be part of the overall sign or building design.

Figure 17.44.04 Electrical Raceways
G. Frontage on two (2) or more streets. A business on a lot that has frontage on more than one (1) street shall be allowed the authorized sign area on each street; provided, that the permitted sign areas may not be accumulated on one (1) street and shall not exceed the allowed sign area of any one (1) street.

H. Illuminated signs and lights. The following standards shall apply to all illuminated signs:

Item Number: 13.

33 1. All illuminated signs shall be designed with a dimmer system to avoid undue glare or reflection of light on private property in the surrounding area.

2. External light sources shall be shielded from view and directed to illuminate only the sign face (see Figure 17.44.05 below).

Figure 17.44.05 Monument Lighting

3. Internal illumination is permitted only if the sign background is opaque and the only portion of the sign that appears as illuminated is the actual lettering and/or a registered trademark or logo.

4. Reflective-type bulbs and incandescent lamps shall not be used on the exterior surface of signs so that the bulb or lamp is exposed to view from any direction.

5. Each new illuminated sign shall be subject to a 30-day review period during which time the Director may determine that a reduction in illumination is necessary due to negative impacts on surrounding property or the community in general. In addition, and at any time, the Director may order the dimming of any illumination found to be excessively bright.

I. Signs to face public or private right-of-way. All signs permitted under this chapter shall be placed on the side of property facing a public or private right-of-way.

J. Building mounted wall signs.

Figure 17.44.06 Wall Sign Examples
Item Number: 13.

34 1. Signs shall be located only on a building frontage and shall not extend above an eave or parapet, or above or below a fascia on which they are located.

Figure 17.44.07 Appropriate Wall Sign Location

2. Signs shall be placed flat against the wall and shall not project from the wall more than required for normal construction purposes and in no case more than 12 inches.

3. Signs shall be located within the middle 50 percent of the building or occupancy’s frontage (e.g., in-line tenant) measured from lease line to lease line.

Figure 17.44.08 In-Line Tenant Signage

4. Signs located on adjacent walls of the same building shall be separated at the corners of the building with adequate spacing.

Item Number: 13.

35 Figure 17.44.09 Separation for Wall Signs
K. Window signs- permanent
Figure 17.44.010 Window Signs (Permanent)

1. The aggregate area of all window signs shall not exceed 25 percent of the total window area of a storefront.

2. Signs shall be permanently painted, etched, or mounted on the inside of windows.

3. Illuminated (LED, neon, etc.) window signs shall be allowed as permanent window signs and shall not exceed 15 square feet in size. The area covered by the illuminated Item Number: 13.

36 sign(s) shall count towards the maximum 25 percent window coverage limitation as described above.

4. Window signs shall be allowed in addition to the aggregate sign area allowed for wall and projecting signs.

L. Signs on awnings, marquees, canopies, arcades, or similar structures.

Figure 17.44.011 Awning Sign Examples
M. Projecting signs. Projecting signs shall not extend below 8 feet from the sidewalk or the right-ofway.

Figure 17.44.012 Projecting Sign Examples

17.44.100 Construction and maintenance
A. Every temporary and permanent sign and all parts, portions, units and materials comprising the same, together with the frame, background, supports or anchorage therefor, shall be manufactured, fabricated, assembled, constructed and erected in compliance with the building, electrical and fire prevention codes of the City of Desert Hot Springs as they now exist or may hereafter be amended, or as they may hereafter exist.

Item Number: 13.

37 B. Every sign, temporary or permanent, including those specifically exempt from this Zoning Ordinance, in respect to permits and permit fees, and all parts, portions, and materials shall be maintained and kept in good repair. The display surface of all signs shall be kept clean, neatly painted, and free from rust, corrosion, and graffiti. Any crack, broken surfaces, malfunctioning lights, missing sign copy or other unmaintained or damaged portion of a sign shall be repaired or replaced within 30 calendar days following notification by the City.

C. Every sign erected, altered, or relocated shall have recorded thereon in a conspicuous place in order to be readily visible, the date of approval, alteration or relocation, the permit number and the voltage of any electrical apparatus used in connection therewith. Every sign which is internally illuminated, and which incorporates the use of electrical apparatus or equipment within shall have posted an Underwriter’s Laboratory approval stamp in a conspicuous place.

D. Any sign that is more than 12 feet from the grade to the bottom of the sign or is more than 100 square feet on one single sign face shall be engineered by a licensed engineer and require his or her seal.

E. All illuminated signs in all zones shall be designed in such a manner as to avoid undue glare or reflection of light on private property or the public right-of-way in the surrounding area. All lighting for signage shall comply with the City lighting ordinance chapter of this title.

F. In order to minimize glare, and except as otherwise expressly permitted, internally illuminated cabinet signs with white translucent background plex shall not be permitted. If utilized, white background plex shall be opaque (day/night flex).

G. All temporary and permanent signs shall be maintained in the condition that existed at the time it was approved and installed, including the maintenance of paint, text copy, illumination, and fixtures (if any), and plex, plastic, or vinyl covers.

H. The supporting members of a sign shall be free of any unneeded angle iron, guy wires, cables, or similar supporting devices. The support shall appear to be an architectural and integral part of the building or structure.

I. Every sign erected in the City shall be subject to inspection by the building department for compliance with applicable City codes and ordinances.

17.44.110 Discontinuance of business
Within 30 days of the discontinuance of a business in any zone or before a new business occupies the building, whichever comes first, the sign owner, his or her agent, or the property owner shall remove all nonconforming signs and sign copy including all wording, advertising or information relating to the discontinued business. If affixed to any structure, upon removal of the sign, the underlying structure shall be restored to the same or similar condition as existed prior to the placement of the sign.

17.44.120 Nonconforming signs
Item Number: 13.

38 A. Applicability. Except for billboards subject to Section 17.45, of this title, and notwithstanding any other general provisions in this title, the provisions of this section shall apply to all signs subject to this chapter.

B. Amortization of Previously Permitted Signs. Provided all other conditions of this section are met, all nonconforming signs for which a permit was previously issued and in effect on the date that this chapter became effective may continue to be used until such a time that substantial alterations, or those not otherwise allowed pursuant to subsection D of this section, are made to the sign, or until such a time as the use is abandoned. For purposes of this section, signs existing at the time of incorporation of the City shall be deemed to have been previously issued a permit by the County of Riverside.

C. Removal of Nonpermitted, Nonconforming Signs. The following amortization periods are presumed adequate to allow the owner of a nonconforming sign to recoup the original cost of the sign and shall be applicable to any sign for which a permit was not in effect on the date that this chapter became effective. Provided all other conditions of this section are met, such a sign may be maintained for the period of time set forth below, measured from the date the sign was first placed in service, after which time the sign shall be removed.

Original Investment Minimum Amortization Period
Under $500.00 6 months
$501 to $1,000 12 months
$1,001 to $2,000 1 year
$2,001 and over 2 years
D. Alterations during amortization period. A nonconforming sign may not be moved, enlarged, relocated, or altered in any way except as follows:

1. The cost of such alteration does not exceed 25 percent of the assessed value of the sign;

2. The alteration may not result in any greater degree of nonconformity than previously existed;

3. The alteration shall meet all current requirements of the Desert Hot Springs Municipal Code, and shall be completed within one (1) year of the commencement of the work;

4. When a subsequently adopted ordinance or regulation requires specific alterations, those alterations shall be made;

5. Minor repairs and routine maintenance, costing less than 25 percent of the replacement cost of the sign, are permitted, and encouraged; and

6. If, in the process of alteration pursuant to this section certain nonconformities can be brought into conformity, they shall be brought into conformity.

E. New Development or Substantial Improvement. A requirement for a nonconforming sign to be removed or altered so as to comply with the requirements of this title may be imposed as a condition of approval of a subdivision, conditional use permit, variance, or other discretionary development approval. In addition, ministerial approval may also require removal or alteration of the nonconforming sign as a condition of approval when in conjunction with a substantial improvement of said property.

Item Number: 13.

39 F. Wall and Freestanding Signs. Legal nonconforming wall signs shall not prevent the installation of conforming freestanding signs, nor shall legal nonconforming freestanding signs prevent the installation of conforming wall signs.

G. Add-on Signs. Signs bolted, tacked, tagged, or added onto an otherwise conforming sign shall not be considered legal nonconforming for the purposes of this section.

H. Nuisance. Notwithstanding any other provision of law, any sign which does not conform to the provisions of this chapter, and which was constructed or displayed prior to the adoption of this chapter, shall not be a lawful nonconforming use and instead shall be deemed a public nuisance subject to abatement if not brought into conformance with this chapter, when any of the following apply:

1. A sign that did not comply with all ordinances and regulations in effect at the time of its placement;

2. An abandoned sign;

3. A sign that was legal when initially placed, but which has been relocated or any nonconformity has been expanded;

4. A sign that is the subject of an agreement between the sign owner and the City for, or the authorization therefor is expressly conditioned on, its removal as of a given date or expiration of a given period of time, which date or period of time has expired;

5. A temporary sign in place longer than permitted;

6. A sign that is damaged to the extent that the cost of repair, other than copy replacement, will exceed 50 percent of the sign value. The sign value shall be reasonably determined by the Community Development Director or his/her designee.

I. Notice to Remove. After determining that a nonconforming sign must be removed in accordance with the provisions of this section, the Community Development Director or his/her designee shall issue a written notice to the owner of the property upon which said sign is located and state the requirements to bring the sign into compliance with this chapter and the date upon which said sign shall achieve conformance or be removed.

J. Removal of Amortized Signs. Any nonconforming sign required to be removed in compliance with the provisions of this chapter because of expiration of the applicable time period or payment of fair and just compensation are deemed to be fully amortized and a public nuisance and may be abated pursuant to the procedures established in this chapter.

17.44.130 Declaration of public nuisance – enforcement
A. General. It is unlawful for any person to erect, construct, enlarge, alter, repair, improve, convert, demolish, equip, or relocate, any sign within the City, including painted signs, or to cause or allow the same to be done, contrary to or in violation of any of the provisions of this chapter and without first obtaining a written sign permit from the Planning Department, unless otherwise excepted by this chapter.

B. Pursuant to the City’s police powers authorized in Article XI, Section 7 of the California Constitution, as well as under the City’s Charter and the City of Desert Hot Springs Municipal Code and other provisions of California law, including, but not limited to, California Government Code Item Number: 13.

40 Section 38771, the City Council hereby declares that the construction, maintenance or placement of any sign within the City in violation of any of the terms or requirements of this chapter is a public nuisance. The City, in addition or in lieu of prosecuting a criminal action hereunder, may commence an action or proceeding for the abatement, removal and enjoinment thereof, in the manner provided by operating, shall take other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate or remove such illegal sign, and to restrain and enjoin any person(s) from conducting, operating or maintaining a sign contrary to the provisions of this chapter. Violations of this chapter may also be enforced in any combination as permitted by Title 4, or any other applicable enforcement title of the Desert Hot Springs Municipal Code or any other enforcement and legal remedies available to the City under the law. (Prior code § 159.22.170) Item Number: 13.

5/22/23, 9:32 AM Chapter 17.56 LANDSCAPING STANDARDS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_56?view=all 1/9 Desert Hot Springs, California Municipal Code
Title 17 ZONING
Chapter 17.56 LANDSCAPING STANDARDS

17.56.010 Purpose.

17.56.020 Application.

17.56.030 General regulations.

17.56.040 Screening requirements.

17.56.050 Setback and parkway treatment standards.

17.56.060 Corner treatment standards.

17.56.070 Installation of landscaping.

17.56.080 Maintenance of landscaping.

17.56.090 Removal or destruction of trees.

17.56.100 Erosion control landscaping.

17.56.110 Applicable regulations.

17.56.120 Landscape design guidelines.

17.56.130 Water efficient landscaping—Incorporation by reference.

17.56.010 Purpose.

The purpose of this chapter is to establish landscaping regulations that are intended to:

A. Establish and enhance the aesthetic appearance of development in all areas of the City by providing standards relating to quality, quantity and functional aspects of landscaping and landscape screening.

B. Increase compatibility between residential and abutting commercial and industrial land uses.

C. Reduce the heat and glare associated with development.

Item Number: 13.

5/22/23, 9:32 AM Chapter 17.56 LANDSCAPING STANDARDS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_56?view=all 2/9 D. Protect public health, safety, and welfare by minimizing the impact of all forms by physical and visual pollution, controlling soil erosion, screening incompatible land uses, preserving the integrity of neighborhoods, and enhancing pedestrian and vehicular traffic and safety. (Prior code § 159.28.010)

17.56.020 Application.

A. A concept landscaping plan shall be submitted as part of a permit application, pursuant to Chapter

17.64 (Applications and Fees).

B. The concept plan shall meet the intent of this chapter by exhibiting a generalized design layout which adequately demonstrates the desired landscaping program in terms of location, size/scale, function, theme and similar attributes. The concept plan shall provide the review authority with a clear understanding of the landscaping program prior to the preparation of a detailed, comprehensive landscaping plan. (Prior code § 159.28.020)

17.56.030 General regulations.

A. The comprehensive landscaping plan shall be prepared following approval of the permit application by the review authority. Submittal of the comprehensive plan shall be concurrent with the grading plan(s) and other documents and reports. This section and those that follow provide the regulations to be followed in the preparation of the comprehensive landscape program.

B. In addition to the following regulations, the Director requires the use of the procedures and policies to ensure effective implementation of a landscape and irrigation plan.

1. Landscape designs shall be in harmony with the surrounding environment.

2. Landscape design and construction shall emphasize drought-tolerant landscaping whenever/wherever possible.

3. Processing of landscape plans shall conform to the policies and procedures of the Director. A fully dimensioned comprehensive landscape and irrigation plan shall include, but not be limited to:
a. List of plants (common & botanical);
b. Size;
c. Location;
d. Irrigation plan;
e. Hardscape;
f. Water elements;
g. Any other information deemed necessary by the Director of Parks and Recreation.

4. The planting of trees and shrubs shall comply with the following installation requirements:

Item Number: 13.

5/22/23, 9:32 AM Chapter 17.56 LANDSCAPING STANDARDS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_56?view=all 3/9 a. Landscape areas shall have plant material selected and planting methods used which are suitable for the soil and climatic conditions of the site. Sizes of the plant materials shall conform to the following mix:
i. Trees. 20%, 24-inch box; 50%, 15-gallon.

In addition, every reasonable effort shall be made to preserve and reintegrate mature trees and other vegetation appropriate for landscape use, including but not limited to palo verde, smoke tree, mesquite, encilia, and cactus.
ii. Shrubs. 80%, 5-gallon; and 20%, 1-gallon.
iii. Groundcover. 100% coverage within 1 year. Decorative shale/gravel/crushed rock may also be used as groundcover, which must also include vegetative groundcover. b. Trees shall be long lived, clean, require little maintenance, be structurally strong, insect and disease resistant, and require limited pruning.
c. Trees and shrubs shall be planted so that at maturity they do not interfere with service lines, traffic safety sight area, basic property rights of adjacent property owners, particularly the right of solar access, pursuant to Section 17.40.260 (Solar Energy Design Standards). d. Trees planted near public curbs shall have a limited root structure and shall be installed in such a manner as to prevent physical damage to sidewalks, curbs, gutters and other public improvements. A deep root system shall be used.

5. Where trees are planted in paved areas, they shall have a protective tree grate or other appropriate hardscape or landscape interface. If used, tree grates shall be caste iron with a natural finish. A deep root system shall be used.

6. Concrete mow strips are recommended to separate turf areas from other landscaped areas for all developments except single-family residential.

7. Buffer planting shall occur along all freeways, highways and major arterials in order to visually screen uses and provide noise reduction. This landscaping shall be in addition to screening requirements set forth in Section 17.56.040.

8. Appropriate shrubbery, vines and other planting materials shall be provided along all walls and fences adjoining public rights-of-way.

9. When inorganic groundcover is used, it shall be in combination with live plants and may be best used as an accent feature.

10. All landscaping shall have an approved automatic irrigation system.

Item Number: 13.

5/22/23, 9:32 AM Chapter 17.56 LANDSCAPING STANDARDS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_56?view=all 4/9

11. All residential subdivisions shall be provided with trees, shrubs, and groundcover in the front yard and that portion of the side yards which are visible from the street. The type and quality shall generally be consistent or compatible with that characterizing single-family homes. All landscaped areas shall be provided with an automatic irrigation system adequate to insure their viability. The landscape and irrigation plans shall be approved by the Director. (Prior code § 159.28.030)

17.56.040 Screening requirements.

A. Every development shall provide sufficient screening so that neighboring properties are effectively shielded from any adverse impacts of that development or so that the new developing use shields itself from existing potential impacts from uses already in operation.

B. Subsection C of this section describes the type of screening method required between various uses in order to provide a mechanism to buffer potential negative impacts. The Director and/or Commission shall determine the type of screening required of the proposed use to be developed and which adjoins the property to be developed.

C. The 3 basic types of screens that may be required are as follows:

1. Opaque Screen—Type A Guidelines. A screen that is opaque from the ground to a height of at least 6 feet, with intermittent visual obstructions from the opaque portion to a height of at least 20 feet. An opaque screen is intended to exclude all visual contact between uses and to create a strong impression of spatial separation. The opaque screen may be composed of a wall, fence, or densely planted vegetation. Compliance of planted vegetative screens will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. The opaque portion of the screen should be opaque in all seasons of the year.

At maturity, the portion of intermittent visual obstructions should not contain any completely unobstructed openings more than 10 feet wide. Suggested planting patterns are shown in Figure

17.56.01. 2. Semi-Opaque Screen—Type B Guidelines. A screen that is opaque from the ground to height of 3 feet, with intermittent visual obstruction from above the opaque portion to a height of at least 20 feet. The semi-opaque screen is intended to partially block visual contact between uses and to create a strong impression of the separation of spaces. The semi-opaque screen may be composed of a wall, fence, landscaped earth berm, or planted vegetation. Compliance of planted vegetative screens will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. At maturity, the portion of intermittent visual obstructions should not contain any completely unobstructed openings more than 15 feet wide.

3. Broken Screen—Type C Guidelines. A screen composed of intermittent visual obstructions from the ground to a height of at least 20 feet. The broken screen is intended to create the impression of a separation of spaces without necessarily eliminating visual contact between the spaces. It may be composed of a wall, fence, landscaped earth berm, planted vegetation or existing vegetation. Compliance of planted vegetative screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. The screen may contain deciduous plants.

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https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_56?view=all 5/9 D. The screening requirements set forth in this section may be interpreted with some flexibility by the Director and Commission in their enforcement of the standards.

Figure 17.56.01
(Prior code § 159.28.040)

17.56.050 Setback and parkway treatment standards.

Landscape plans for setback and parkway areas shall include but not be limited to the following:

A. Setback and parkway areas shall be properly designed and landscape in order to establish a high level of development quality while providing for neighborhood identity where appropriate. The design shall utilize uniform street tree planting with complementary landscape materials.

B. Provide a design, which ensures the desired screening, shading, appearance and compatibility with established setback and parkway areas, including a sensitive transition between diverse landscape types and patterns.

C. Incorporate mounding within the overall design, with landscaped slopes not exceeding a 3:1 ratio, or 3 feet in height. A minimum of 6 feet of landscaping shall be placed on the exterior of perimeter walls and fences.

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https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_56?view=all 6/9 D. Incorporate walls and fences into the landscape design, including the special treatment of meandering walls, and wall breaks or openings where the design shall complement the interior landscaping of the adjacent development.

E. The appropriateness of street tree varieties and their exact location shall be determined by the Director, who may mark locations on plans and inspect plant material on-site, prior to planting.

Sidewalks, curb and gutter, must be clean of debris prior to marking. A 24-hour notice is required for inspection. The size of the street trees shall be 24-inch box specimens. The 24-inch box trees shall be planted as street trees within the public parkway or City property. (Prior code § 159.28.050)

17.56.060 Corner treatment standards.

Landscape plans for any development involving corner lots shall include additional special design requirements, including but not limited to the following:

A. A minimum landscape area of 300 square feet for corner areas.

B. Incorporate significant landscape and water features, including specimen trees, coordination with wall breaks or openings, and special “City entry” image treatment wherever appropriate.

C. Specimen trees shall be a minimum of 24-inch box size.

D. Ensure that any corner landscape plan within the “Traffic Safety Sight Area,” as defined, shall be designed to protect public safety. (Prior code § 159.28.060)

17.56.070 Installation of landscaping.

All required landscaping shall be properly installed, irrigated, inspected and permanently maintained prior to use of property or the issuance of a Certificate of Occupancy, whichever first occurs. The landscaping and irrigation shall be inspected as stated in the procedures and policy for landscaping and irrigation. (Prior code § 159.28.070)

17.56.080 Maintenance of landscaping.

A. Maintenance of approved landscaping shall consist of regular watering, mowing, pruning, fertilizing, clearing of debris and weeds, the removal and replacement of dead plants, and the repair and replacement of irrigation systems and integrated architectural features.

B. Prior to the issuance of a certificate of occupancy, the landowner may be required to file a maintenance agreement or covenant and easement to enter and maintain, subject to the approval of the City Attorney. The agreement or covenant and easement to enter and maintain shall ensure that if the landowner, or subsequent owners, fails to maintain the required/installed site improvements, the City will be able to file an appropriate lien(s) against the property in order to accomplish the required maintenance. (Prior code § 159.28.080)

17.56.090 Removal or destruction of trees.

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https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_56?view=all 7/9 A. Removal of healthy, shade-providing, aesthetically valuable trees shall be discouraged. In the event that more than 5 trees are to be cut down, uprooted, destroyed or removed within a 36-month period, a permit shall first be issued by the Planning Department.

B. Prior to any permit issued for tree removal, all existing trees on-site shall be surveyed by the Community Development Department at the developer’s expense. Unless there is a pre-approved tree replacement plan, each tree that is removed in a new subdivision and is considered to be of significant value shall be replaced with a 24-inch box specimen tree in the subdivision in addition to any other required landscaping. Such a plan does not necessarily require a tree for tree replacement provision.

Commercial tree farms, City government projects, and individual single-family residential lots less than 1 acre shall be exempt from this provision. (Prior code § 159.28.090)

17.56.100 Erosion control landscaping.

Landscaping for the purpose of erosion control shall be installed in a manner consistent with the conditions of the slope. Where stabilization of soils is required, a combination of fast growing groundcovers and shrubs shall be used to affect control in the shortest time possible. Plans for effective erosion control shall be included in required landscape plans and shall be approved by the Director. (Prior code § 159.28.100)

17.56.110 Applicable regulations.

All landscape plans shall be subject to the applicable regulations of the Zoning Ordinance, including, but not limited to Chapters 17.64 through 17.140, Administration Provisions. (Prior code § 159.28.110)

17.56.120 Landscape design guidelines.

A. Purpose. The following design guidelines are intended as a reference framework to assist the designer in understanding the City’s goals and objectives for high quality development. The guidelines will be utilized during the City’s design review process to encourage the highest level of design quality while at the same time providing the flexibility necessary to encourage creativity on the part of project designers.

B. Applicability.

1. The provisions of this section apply to all development projects within the City, unless otherwise specified herein. Any addition, remodeling, relocation, or construction requiring a building permit subject to review by the Director, shall adhere to these guidelines where applicable.

2. Unless there is a compelling reason, these design guidelines shall be followed. Guidelines may be waived by the Director. An appeal, which does not require a fee, may be filed by any Commission member within 15 days or waiver approval shall be final.

C. General Guidelines.

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1. Landscaping and open spaces should be designed as an integral part of the overall site plan design. Landscaping and open spaces should enhance the building design, enhance public views and spaces, provide buffers and transitions, provide for a balance of solar uses, and provide screening.

2. Landscape design should accent the overall design theme through the use of structure such as arbors and trellises which are appropriate to the particular architectural style of adjacent structures.

3. Landscaped areas should incorporate plantings utilizing a 3-tier system: (i) grasses and groundcovers, (ii) shrubs, and (iii) trees.

4. The following are common planting design concepts that should be used whenever possible:
a. Specimen trees used in informal grouping and rows at major focal points; b. Extensive use of flowering vines both on walls and arbors; c. Pots, vases, wall or raised planters;
d. Plantings to create shadow and patterns against walls; e. Trees to create canopy and shade, especially in parking areas; f. Flowering trees in informal groups to provide color; g. Informal massing of colorful plantings;
h. Distinctive plants as focal points;
i. Berms, plantings, and low walls to screen parking areas from view of public rights-of-way, while allowing filtered views of larger buildings beyond.

5. Planting areas between walls and streets should be landscaped in a hierarchy of plants in natural formations and groupings. Solid walls 3 feet or higher may also receive vines when adjacent to public streets.

6. A colorful landscape edge should be established at the base of buildings. Avoid asphalt edges at the base of structures as much as possible. Plant materials located in containers are appropriate.

7. Planting masses on-site should assume a simple, non-uniform arrangement. The diversity of massing types should be great enough to provide interest, but kept to a level that evokes a relaxed natural feeling.

D. Installation and Maintenance.

1. Trees should be adequate in trunk diameter to support the top area of the tree. Trees, shrubs, and vines should have body and fullness that is typical of the species.

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2. All groundcover should be healthy, densely foliated, and well rooted cuttings, or 1-gallon container plants. Herbaceous and flat plant groundcovers should be planted no more than 12 inches on center and woody, shrub groundcover should be planted no more than 3 feet on center.

3. The spacing of trees and shrubs should be appropriate to the species used. The plant materials should be spaced so that they do not interfere with the adequate lighting of the premises or restrict access to emergency apparatus such as fire hydrants or fire alarm boxes. Proper spacing should also insure unobstructed access for vehicles and pedestrians in addition to providing clear vision of the intersections from approaching vehicles.

4. Plant material should conform to the following spacing standards:
a. A minimum of 25 feet from the property corner at a street intersection to the center of the first tree or large shrub.
b. A minimum of 15 feet between center of trees and large shrubs to light standards. c. A minimum of 15 feet between center of trees or large shrubs and fire hydrants. d. A minimum of 10 feet between center of trees or large shrubs and edge of driveway. (Prior code § 159.28.120)

17.56.130 Water efficient landscaping—Incorporation by reference.

That a certain document, a copy of which is on file in the office of the City Clerk, being marked and designated as “2009 Mission Springs Water District Water Efficient Landscaping Guidelines” as adopted by the Mission Springs Water District on September 21, 2009, establishing effective water efficient landscape requirements, and all appendices, tables, and indices thereto, is adopted and incorporated in this chapter as if fully set out at length in this chapter and the provisions thereof shall be controlling within the limits of the City, pursuant to the provisions of Section 50022 et seq., of the California Government Code. (Ord. 515 § 2, 2009; prior code § 162.010) Contact:

City Clerk: 760-329-6411 – Ext. 107, Email: [email protected] Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use.

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Title 17 ZONING
Chapter 17.44 SIGN REGULATIONS

17.44.010 Purpose.

17.44.020 Applicability.

17.44.030 Definitions.

17.44.040 Sign permit required.

17.44.050 Exempt signs.

17.44.060 Prohibited signs.

17.44.070 Temporary signs.

17.44.080 Off-site signs.

17.44.090 Abandoned signs.

17.44.100 Sign construction and maintenance.

17.44.110 Nonconforming signs.

17.44.120 Removal of illegal signs.

17.44.130 Amortization.

17.44.140 Inventory and abatement.

17.44.150 Sign regulations.

17.44.160 Sign design guidelines—General.

17.44.170 Sign design guidelines—Wall or fascia signs.

17.44.180 Sign design guidelines—Freestanding signs.

17.44.190 Declaration of public nuisance—Enforcement.

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17.44.010 Purpose.

The purpose of this chapter is to establish sign regulations that are intended to:

A. Protect the general public health, safety, welfare, viewsheds and other and aesthetic values of the community.

B. Assure the implementation of community design standards consistent with the General Plan.

C. Promote the community’s appearance by regulating the design, character, and location, and type, quality of materials, scale, color illumination, and maintenance of signs.

D. Place limits on the use of signs which provide direction and aid orientation for businesses and activities.

E. Promote signs that identify uses and premises without confusion.

F. Reduce possible traffic and safety hazards through good signage.

G. Encourage high quality, imaginative, and innovative sign design intended to make a positive contribution to the general appearance of the City for commercial, industrial institutional, residential and special use applications.

H. Recognize the history and diversity of the City with emphasis on the preservation of existing historic design signs and the promotion of replica signs characteristic of historic design signs. (Prior code § 159.22.010)

17.44.020 Applicability.

This chapter shall apply to all signage proposed within the City. No signs shall be erected or maintained in any land use district established by this Zoning Ordinance, except those signs specifically enumerated in this chapter. The number and area of signs as outlined in this chapter are intended to be maximum standards. In addition to the standards set forth herein, consideration shall be given to a sign’s relationship to the need that it serves, and the overall appearance of the subject property to ensure architectural compatibility as well as the surrounding community with the goal of minimizing visual pollution, the use of lighting and excessive contrasting colors. Compatible design, simplicity, and sign effectiveness are to be used in establishing guidelines for sign approval, but shall not limit maximum standards for signs. (Prior code § 159.22.020)

17.44.030 Definitions.
“Abandoned sign” means any sign remaining in place or not maintained for a period of 90 days or more which no longer advertises or identifies an ongoing business, product, or service available on the business premises where the sign is located.

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https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_44?view=all 3/34 “Address sign” means the numeric reference of a structure or use to a street, which may be included as part of a wall, pylon or monument sign.
“Advertising device” means any balloon, flag, pennant, propeller; oscillating, rotating, pulsating, light, or other contrivance, except a sign used to attract attention for the purpose of promoting (either directly or indirectly), the sale of products of any person.
“Advertising display” means any device, contrivance, statue or structure other than a sign used as a display, regardless of size and shape, for the purpose of attracting attention or making anything known, the origin or place of sale of which is on the property with such advertising display. “A-frame sign” means a freestanding sign usually hinged at the top, or attached in a similar manner, and widening at the bottom to form a shape similar to the letter “A.” Such signs are usually designed to be auxiliary portable commercial signage, hence they are not considered permanent signs. “Anchor tenant” means a shopping center key tenant, usually the largest or 1 of the largest tenants located within the shopping center, which serves to attract customers to the center through its size, product line, name, and reputation. The term anchor tenant is interchangeable with the term major tenant.
“Animated or moving sign” means any sign which uses movement, lighting, or special materials to depict action or create a special effect or scene.
“Awning” means a permanent or temporary structure attached to, and wholly supported by a wall of, a building, and installed over and partially in front of doors, windows or other openings in a building, and consisting of a frame and a top of canvas or other similar material covering the entire space enclosed between the frame. Canopy is an equivalent term.
“Backlit sign” means freestanding letters constituting a sign utilizing electrical illuminated fixtures at the reverse side of the sign creating a “halo” effect around the perimeter of each of the individual letter components that are nonilluminated (opaque) face panels so that only letters and/or logos appear to be back-lighted, with no visibility of the lighting element source. “Reverse channel sign” is an equivalent term.
“Banner, flag, pennant or balloon” means any cloth, bunting, plastic, paper, or similar material used for advertising purposes attached to or pinned on or from any structure, staff, pole, line, framing, or vehicle, including captive balloons and inflatable signs, excluding, however, official flags of the United States, State of California, Riverside County or City of Desert Hot Springs. “Bench sign” means a sign attached to or painted on any portion of a bus stop or other bench. “Billboard or off-site sign” means a sign structure advertising an establishment, merchandise, service, or entertainment, which is not sold, produced, manufactured, or furnished at the property on which the sign is located.
“Building” means, in addition to its common meaning, any structure requiring a building permit.

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5/23/23, 5:18 PM Chapter 17.44 SIGN REGULATIONS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_44?view=all 4/34 “Building face and/or frontage” means the length of the single front building elevation in which the primary entrance to the business is located. If more than 1 business is located in a single building, then such length shall be limited to that portion which is occupied by each individual business. “Business sign” means a sign displaying information pertaining to goods or services offered or produced by the business located on the property including advertising devices or advertising displays. “Cabinet sign” means a traditional box-type sign comprised of a face and back of 2 faces, with designs ranging from simple plastic faces to metal faces with embossed letters that can be internally illuminated, externally illuminated or nonilluminated. “Box sign” or “can sign” are equivalent terms. “Changeable copy sign” means a sign designed to allow the changing of copy through manual, mechanical, or electrical means including time and temperature. “Channel letter sign” means signs consisting of individually lettered and/or sculpted cabinets that are individually internally illuminated or nonilluminated with electrical elements with translucent letter faces. “Pan channel letter sign” is an equivalent term.
“Civic event sign” means a temporary sign, posted to advertise a civic event sponsored by a public agency, school, religious institution, civic fraternal organization, or similar noncommercial organization. “Combination sign” means any sign incorporating any combination of the features of freestanding protecting and roof signs.
“Commercial seasonal sign” means an “open” or “closed” window sign, posted on a seasonal basis. “Construction sign” means a temporary sign erected on the parcel on which construction is taking place, limited to the duration of the construction, indicating the names of the architects, engineers, landscape architects, contractors, or similar artisans, and the owner, financial supporters, sponsors, and similar individuals or firms having a major role or interest with respect to the structure or project. “Contour sign” is similar to a cabinet sign, however the fabricated box designed to include in excess of 4 corners, intended to provide an exterior outline of a letter or logo. “Sculpted sign” is an equivalent term. “Directional sign” means a sign limited to directional messages, principally for pedestrian or vehicular traffic, including but not limited to “one-way,” “entrance,” or “exit.” “Director” means the City Manager of the City of Desert Hot Springs or his/her designee. “Directory sign” means a sign for listing the tenants or occupants and their suite numbers of a building or center.
“Double-faced sign” means a single structure designed with the intent of providing copy on both sides. “Eave line” means the bottom of the roof eave or parapet.

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https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_44?view=all 5/34 “Electrical/mechanical message sign” means a moving electronically or mechanically changeable copy sign, or portion of another sign type, that conveys time and/or temperature, text messages and/or animated images. “Readerboard sign” is an equivalent term. “Exposed neon sign” means the use of glass tubes filled with neon, argon, or similar gas creating a colored light, the glass tubes bent to form letters, symbols or other shapes that constitute a sign without shield or face coverings.
“Flashing sign” means a sign that contains an intermittent or sequential flashing light source. “Freestanding sign” means a sign which is supported by 1 or more upright pedestals, braces, poles, or other similar structural components placed upon or into the ground and detached from any building. “Future tenant identification sign” means a temporary sign which identifies a future use of a site or building.
“Gator foam board sign” means an extruded polystyrene foam board material bonded between 2 layers of contrasting material/fiber veneer used to comprise letters and/or logos for sign purposes. “Grand opening” means a promotional activity used by newly established businesses to inform the public of their location and service available to the community. Grand opening does not mean an annual or occasional promotion of retail sales or activity by a business. “Height of sign” means the greatest vertical distance measured from the existing grade at the midpoint of the sign support(s) that intersect the ground to the highest element of the sign. “Holiday sign” means any temporary sign or display placed in remembrance or celebration of any recognized religious, local, State, or federal holiday. “Identification sign” means a sign providing the name, type of business, or the name and logo in combination thereof, of a building, use, or persons occupying the premises on which the sign is located. “Illegal sign” means any of the following:

1. A sign erected without first complying with all ordinances and regulations in effect at the time of its construction and erection or use;
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2. A sign that was legally erected, but whose use has ceased, or the structure upon which the display is placed has been abandoned or not maintained by its owner, or not used to identify or advertise an ongoing business for a period of not less than 90 days;

3. A sign that was legally erected which later became nonconforming as a result of the adoption of an ordinance, the amortization period for the display provided by the ordinance rendering the display nonconforming has expired, and conformance has not been accomplished;

4. A sign which is a danger to the public or is unsafe; or

5. Any sign that constitutes a traffic hazard or creates any other unsafe condition. “Illuminated sign” means a sign with an artificial light source for the purpose of lighting the sign that is completely enclosed by the surface of the sign structure. “Institutional sign” means a sign identifying the premises of a church, school, hospital rest home, or similar institutional facility.
“Kiosk” means an off-premises sign used for directing people to the sales office or models of a residential subdivision project.
“Light emitting diodes (LED)” means diode electronic components often used as illuminating elements for electronic signs that emit visible light when electricity is applied, much like a light bulb. “Logo” means an established identifying symbol or mark associated with a business or business entity. “Logo sign” means an established trademark or symbol identifying the use of a building. “Monument sign” means an independent structure supported from grade to the bottom of the sign with a solid base.
“Nameplate” means a sign, not exceeding 1 foot by 1 foot, signifying only the name of the occupant and the occupation or specialty.
“Neon sign” means a sign fixture utilizing luminous-tube lighting elements containing neon or other inert gases at a low pressure.
“Nonconforming sign” means any sign which fails to conform to the regulations of this chapter. “Off-site sign” means any sign which advertises or informs in any manner businesses, services, goods, persons, or events at some location other than that upon which the sign is located. Off-premises sign, billboard, and outdoor advertising structure are equivalent terms. “On-site sign” means any sign which advertises or informs in any manner businesses, services, goods, persons, or events on the premises in which it is displayed. “Open house sign” means a temporary on-site sign posted to indicate a salesperson is available to represent the property subject to sale, lease, or rent.

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https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_44?view=all 7/34 “Pole sign” means a freestanding sign of which the entire bottom of the sign is generally in contact with or in close proximity to the ground and which has a width of 2 feet or a height at least 3 times the width. “Pylon sign” is an equivalent term.
“Political sign” means a temporary sign directly associated with national, state, county or local elections. “Portable sign” means a sign that is not permanently affixed to a structure or the ground. “Projecting sign” means a sign other than a wall sign suspended from or supported by a building or structure and projecting outward there from.
“Promotional sign” means a sign erected on a temporary basis to promote the sale of new products, new management, new hours of operation, a new service, or to promote a special sale. “Pylon sign” means a freestanding sign of which the entire bottom of the sign is generally in contact with or in close proximity to the ground and which has a width of 2 feet or a height at least 3 times the width. “Pole sign” is an equivalent term.
“Raceway” means a metal structure enclosing the electric components of a sign, exclusive of the transformer or an electrical enclosure that may also serve as a mounting structure for the sign. Electrical raceway is an equivalent term.
“Readerboard sign” means a moving electronically or mechanically changeable copy sign, or portion of another sign type, that conveys time and/or temperature, text messages and/or animated images. “Electronic/mechanical message sign” is an equivalent term. “Real estate sign” means a temporary on-site sign pertaining to the sale, lease or rent of the building, land or property upon which it is located, and the identification of the person or firm handling such sale, lease or rent premises.
“Roof sign” means a sign erected, constructed, or placed upon or over a roof of a building, including a mansard roof and which is wholly or partly supported by such buildings, or any sign affixed to a wall of a building so that it projects above the eave line of the roof. The lowest point of a mansard style roof shall be considered the eave line.
“Sculpted sign” is similar to a cabinet sign, however the fabricated box designed to include in excess of 4 corners, intended to provide an exterior outline of a letter or logo. “Contour sign” is an equivalent term. “Sign” means any structure, housing, device, figure, statuary, painting, display, message placard, emblem, icon, insignia, logo, replica, symbol, trademark or other contrivance, or any part thereof, which is designed, constructed, created, engineered, intended, or used to advertise, or to provide data, address identification, or information in the nature of advertising, anything of visual appearance primarily used for, or having the effect of attracting attention from the streets, sidewalks or other outside public areas for identification for any of the following purposes: to designate, identify, or indicate the name of the business of the owner or occupant of the premises upon which the advertising display is located; or to advertise the business conducted, services available or rendered, or the goods produced, sold, or available for sale, upon the property where the advertising display is erected. A sign shall not mean murals, paintings, or other works of art that are not intended to address or identify a business or product.

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https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_44?view=all 8/34 “Sign area” means the entire face of a sign, including the surface and any framing, projections, or molding, not including the support structure. Individual channel-type letters mounted on a building shall be measured by the area enclosed by 4 straight lines outlining each word or grouping of words. “Sign face” means the surface or that portion of a sign that is visible from a single point as a flat surface or a plane and considered as such together with the frame and the background. “Sign program” means a coordinated program of 1 or more signs for an individual building or building complexes with multiple tenants.
“Special design district sign criteria” means special design criteria established by the City governing sign allowances for designated areas of the community defined by specific boundaries or other criteria or elements as may be established by the City.
“Special event sign” means signage reserved as a means of publicizing special events and civic events for a limited period of time, such as grand openings, carnivals, parades, charitable events and holiday sales, subject to City approval of Temporary Use Permit applications. Special event signs may include balloons, inflated devices, search lights, beacons, pennants, and streamers. “Temporary sign” means a sign intended to be displayed for a limited period of time. Such signs may include, but are not limited to, banners, pennants, flag, streamer, balloon or other inflated sign. “Trademark” means a word or name which, with a distinctive type or letter style, is associated with a business or business entity in the conduct of business. “Transformer” means electrical equipment that converts input voltage and current to a different output voltage and current. In general, a transformer is an apparatus that continuously increases or decreases the voltage of a power supply. They are an important element in all neon signs, due to the high voltage required. (Fluorescent lamps require a specialized type of transformer unit called a ballast.) “Underwriters Laboratory, Inc. (UL)” means an independent, not-for-profit safety certification organization that certifies electrical signs and related components. “Vehicle sign” means a sign which is attached to or painted on a vehicle which is parked on or adjacent to any property, the principal purpose of which is to attract attention to a product sold or an activity or business located on such property.
“Wall sign” means a sign painted on or fastened to an exterior wall of a building or structure with the exposed face of the sign in a plane approximately parallel to the plane of the exterior wall and not extending above the eave line, and not projecting more than 12 inches from the building or structure.

The lowest part of the mansard-style roof shall be considered the eave line. “Window sign” means any permanent or temporary sign that is applied or attached to a window, other glass or glazed materials, or located in such a manner that it can be reasonably visible from the exterior of the structure. (Prior code § 159.22.030)

17.44.040 Sign permit required.

Item Number: 13.

5/23/23, 5:18 PM Chapter 17.44 SIGN REGULATIONS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_44?view=all 9/34 A. General. No sign, including a sign face change, or temporary sign, unless exempted by this chapter, shall be constructed, displayed or altered without a sign permit or sign program approved by the City.

The City Manager or designee shall review sign applications and make the determination whether or not to approve a sign permit and/or sign programs, unless otherwise provided by this chapter.

B. Sign Program. A permit for a sign program shall be required for all new commercial, office, and industrial centers consisting of 2 or more tenant spaces. The application for a sign program shall be filed with the project application to construct the center, and shall be processed concurrently with the project application. The purpose of the program shall be to integrate signs with the building’s architectural and landscaping design to form a unified architectural statement. This may be achieved by:

1. The use of the same background color, and allowing signs to be of up to 3 different colors per multi-tenant center smaller than 25 acres in area, and up to 5 different colors per multi-tenant center 25 acres in area or greater. Deviation from color criteria is allowed subject to review and approval of the Architectural and Landscape Review Committee and Planning Commission. It is recommended that the sign contain 7 words or less with sufficient letter thickness.

2. The use of the same type of cabinet supports, or method of mounting for signs, and the same type of construction material for components, such as sign copy, cabinets, returns, and supports.

3. The use of the same form of illumination of the signs.

4. Uniform sign placement specifications, letter height, and logo height for both anchor tenants and minor tenants.

5. Logos may be permitted and are not subject to the color restrictions specified in the program.

However, no logo should exceed 25% of the allowable sign area. Deviation from logo area criteria is allowed subject to review and approval of the Architectural and Landscape Review Committee and Planning Commission. (Prior code § 159.22.040)

17.44.050 Exempt signs.

The following signs shall be exempt from the provisions of this chapter:

A. Window signs not exceeding 3 square feet and limited to business identification, hours of operation, address, and emergency information (However, neon signs of any size require a permit as provided by this chapter).

B. Signs within a structure and not visible from the outside.

C. Memorial signs and plaques installed by a civic organization recognized by the Council.

D. Official and legal notices issued by a court or governmental agency.

E. Official flags of the United States, the State of California, County of Riverside, City of Desert Hot Springs, and nationally or internationally recognized organizations. Use of other flags allowed only after review and approval by the Planning Commission.

Item Number: 13.

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https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_44?view=all 10/34 F. Identification signs on construction-sites. Such signs shall be limited to 1 directory or pictorial display sign per street frontage or entrance, up to a maximum of 2 signs, identifying all contractors and other parties (including lender, realtor, subcontractors, etc.). Each sign shall not exceed 32 square feet in area and 8 feet in height. Each sign shall be removed prior to issuance of a certificate of occupancy.

G. Political signs.

H. Real estate signs for residential sales provided, however, that there shall be 1 sign per street frontage not exceeding 4 square feet in area and 5 feet in height and the sign is unlit and is removed within 15 days of close of escrow or the rental or lease of the residential property. Open house signs, for the purpose of selling a single house or condominium and not exceeding 4 square feet in area and 5 feet in height, are permitted for directing prospective buyers to property offered for sale.

I. Real estate signs advertising the sale, rental, or lease of commercial and industrial premises provided that the following requirements are satisfied: (1) one sign per street frontage not to exceed 32 square feet in area, (2) eight feet high maximum, (3) such sign shall be removed upon sale, lease or rental of the premises or 24 months, whichever comes first. Thereafter, 1 sign per premises not to exceed 16 square feet in size and 5 feet in height based upon a 1 acre lot area is allowed for the sale, lease or rent of the premises. Real estate signs shall only be placed on vacant property for 1 year as long as the sign is maintained in an orderly manner. A sign application, but no fee, shall be required to be submitted in order to monitor the time frame of real estate signs. Any real estate sign left unmaintained on vacant property shall be considered an illegal sign and subject to removal or abatement at owner’s expense, as provided by this chapter.

J. Future tenant identification signs provided that the following criteria is satisfied: 1 wall or freestanding sign may be placed on vacant or developing property to advertise the future use of an approved project on the property and where information may be obtained. Such sign shall be limited to 1 sign per street frontage, a maximum of 32 square feet in area and 8 feet in overall height. Any such signs shall be single-faced and shall be removed upon issuance of a certificate of occupancy.

K. Incidental signs for automobile repair stores, gasoline service stations, automobile dealers with service repairs, motels and hotels, showing notices of services provided or required by law, trade affiliations, credit cards accepted, and the like, attached to the structure or building; provided, that all of the following requirements and criteria are met:

1. The signs number no more than 4;

2. No such sign projects beyond any property line;

3. No such sign exceeds an area per face of 3 square feet; and

4. Signs may be double-faced.

L. Signs applied to fuel pumps or dispensers such as fuel identification, station logo, and other signs required by law.

Item Number: 13.

5/23/23, 5:18 PM Chapter 17.44 SIGN REGULATIONS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_44?view=all 11/34 M. Agricultural signs, either wall or freestanding types, provided that such signs are nonilluminated, and not exceeding 4 square feet for lots 2 acres or less and 16 square feet for lots greater than 2 acres, identifying only the agricultural products grown on the premises. The number of such signs shall be 1 per street frontage or a maximum of 2, with wall signs to be located below the roofline and freestanding signs to be no higher than 6 feet.

N. Directional signs provided that such signs are located on-site, have a maximum area which does not exceed 3 square feet, have a maximum overall height of 4 feet above grade, and are mounted on a monument or decorative pole. Such signs may be located in a required setback provided that a minimum distance of 5 feet from any property line is maintained.

O. Temporary window signs that are posted, hung or attached inside of the window facing out and provided that such signs do not cover more than 25% of the individual window surface area. Temporary signs may be painted on the outside of the window, provided however such signs do not cover more than 25% of the individual window surface area. (Prior code § 159.22.050)

17.44.060 Prohibited signs.

The following signs are inconsistent with the sign standards set forth in this chapter, and are therefore prohibited:

A. Abandoned signs;
B. Animated, moving, flashing, blinking, reflecting, revolving, or any other similar sign, including searchlights, except electronic message boards and time and temperature displays; C. Banners, flags, and pennants, unless Temporary Sign Permit is first obtained, as provided by this chapter;
D. Bench signs;
E. Changeable copy signs and electronic message boards, except as allowed by a Conditional Use Permit for movie theaters, arenas, stadiums, or auto malls in the commercial land use districts; F. Permanent sale or come-on signs;
G. Roof signs;
H. Signs on public property, except for traffic regulatory, informational signs, signs required by a governmental agency, and model home tour signs, and except as permitted by Section 17.44.080; I. Signs painted on fences or roofs;
J. Balloons and other inflated devices or signs designed to attract attention, unless permitted subject to Temporary Sign Permit;
K. Signs which simulate in color or design a traffic sign or signal, or which make use of words, symbols or characters in such a manner to interfere with, mislead, or confuse pedestrian or vehicular traffic; Item Number: 13.

5/23/23, 5:18 PM Chapter 17.44 SIGN REGULATIONS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_44?view=all 12/34 L. New cabinet signs;
M. Gator foam board signs;
N. Advertising devices, except as otherwise permitted in this chapter; O. Advertising displays outside of buildings, except as otherwise permitted in this chapter; P. Combination signs;
Q. Signs with exposed raceways and/or transformers, unless otherwise determined as permissible by the City Manager or designee. If used, said raceways and/or transformers shall be painted to match the same building color behind which the sign is affixed. (Ord. 536 4-16-13; prior code § 159.22.060)

17.44.070 Temporary signs.

The temporary signs listed in this section shall only be permitted subject to issuance and approval of a Temporary Sign Permit. Application for Temporary Sign Permits shall be submitted on a form provided by the Planning Division. The City Manager or designee shall review and approve the temporary sign permit, so long as the applicable requirements of this chapter are satisfied.

A. Temporary Banner Signs. A temporary banner sign may be approved for a period of time, as specified in this section, for multiple-family residential, commercial and industrial uses. The signs may be used to promote the sale of new products, new tenant, new management, new hours of operation, a new service, or to promote a special sale. Any business or property owner desiring to use a temporary banner sign must file an application with a drawing or photograph demonstrating the sign appearance with the Planning Division for review and approval. The use of such signs is subject to the following limitations:

1. No more than 1 sign shall be permitted per activity or business.

2. The sign shall be a temporary sign designed either as a wall sign, window sign or ground sign.

The sign can be in the form of a banner or pennant.

3. The sign shall not exceed 50 square feet and shall be posted below the roof. In the case of a ground sign, the height of the sign shall not exceed 8 feet.

4. The sign shall be limited to a maximum display period of 30 days. Four such periods shall be permitted for each calendar year, not to exceed a total of 120 days per year. A maximum of 4 periods may be approved consecutively to allow a single sign to be displayed for up to 120 days; otherwise, a minimum of 30 days shall be required between display periods.

5. The following temporary banner display criteria shall apply:
a. All temporary banners shall be constructed of durable material that will not deteriorate during the time period in which the banner is displayed. Temporary banners which become frayed, torn, faded, or showing similar signs of fatigue or failure shall be deemed to be in violation of these provisions.

Item Number: 13.

5/23/23, 5:18 PM Chapter 17.44 SIGN REGULATIONS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_44?view=all 13/34 b. All temporary banners shall be securely affixed to the face of the façade of the building housing the business where the business is located.
c. Temporary banners shall not be affixed to fences, light poles, trees, extended over parking and/or landscaped areas or other similar techniques.
d. No temporary banners shall be affixed on, within, or over any public right-of-way.

B. Grand Opening Signs. A grand opening sign may be approved for a period of time, as provided in this section, in any multiple-family residential, commercial or industrial zoning district to advertise a new business or a change of business name following a closure. Any business or property owner desiring to use a grand opening sign must file an application together with a drawing or photograph to the Planning Division for review and approval by the City Manager or designee. An application must be made either prior to opening or within the first 60 days of operation. The use of such signs is subject to the following limitations:

1. Grand opening signs include any combination of signs, banners, pennants, balloons, streamers, beacons, or other advertising device.

2. Signs shall be a temporary sign designed either as a wall, window or ground sign.

3. Sign shall not exceed 50 square feet and shall be posted below the roof eave. In the case of a ground sign, the height of the sign shall not exceed 8 feet.

4. Roof mounted signs and advertising devices are prohibited.

5. The sign shall be limited to a display period not to exceed 30 days prior to opening and 60 days after opening, for a total display period of 90 days.

C. Special Event Signs. Special event signs may be approved for a limited period of time in any zoning district as a means of publicizing special events such as carnivals, festivals, pumpkin patches, charitable events, Christmas tree lots and similar events, in conjunction with a Temporary Sign Permit. To apply for approval of special event signs, any business or property owner must submit an application with the City’s Planning Division which describes the proposed sign by means of a sketch and the display dates for review and approval by the City Manager or designee. Such special event signs shall be limited to the following provisions:

1. No more than 1 special event sign shall be permitted per activity and shall be either a wall, window or ground sign, and use of flags, banners and pennants.

2. All special event signs shall be a maximum of 50 square feet and shall be posted below the roof or shall be no higher than 8 feet in the case of a ground sign.

3. Special event signs shall be limited to 45 days per calendar year.

Item Number: 13.

5/23/23, 5:18 PM Chapter 17.44 SIGN REGULATIONS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_44?view=all 14/34 D. On-Site Residential Subdivision Signs. On-site residential subdivision signs may be approved for a limited period of time in any residential zoning district to advertise an active subdivision and the sale of homes within that subdivision. The developer of the subdivision shall apply for an on-site residential subdivision sign concurrently with the Development Permit for the housing product for the subdivision.

Such signs shall be limited to the following provisions:

1. One temporary on-site subdivision sign not to exceed 64 square feet total for 2 sides or 32 square feet for 1 side, with a maximum height of 15 feet.

2. One on-site subdivision sign may be permitted on each main street frontage of the property being subdivided not to exceed 2 such signs for all phases of any subdivision (interior streets of the subdivision are not recognized as main street frontage).

3. Such signs shall be for the identification of a subdivision, price information and the developer’s name, address, and telephone number.

4. Such signs shall be removed within 10 days from the date of the final sale of the land and/or residences or within 2 years, whichever comes first. Extensions of the 2-year time limit can be approved by the City Manager or designee, upon filing of a request for an extension 30 days prior to the expiration.

5. Signs shall be maintained in good repair at all times.

6. If the City is forced to remove any signs, due to abandonment, deterioration, or non-removal as stated in subsection (D)(4) of this section, then the developer shall be responsible for any and all costs associated with the removal of the sign(s).

E. A-frame signs shall meet the following standards:

1. A business may have no more than 1 A-frame/portable sign.

2. The A-frame/portable sign must be at least 5 feet from the curb.

3. The A-frame portable signs must be no farther than 15 feet from the main entrance to the business.

4. The A-frame/portable sign must be anchored in a secure manner, to be determined by the City Manager or designee.

5. The A-frame/portable sign may be no larger than 4 feet high by 2 feet wide, for a total maximum area of 8 square feet.

6. The A-frame/portable sign must be approved by the City Manager or designee.

7. The A-frame/portable sign may not contain strobe lights, flashing lights or nudity. (Prior code § 159.22.070)

17.44.080 Off-site signs.

Item Number: 13.

5/23/23, 5:18 PM Chapter 17.44 SIGN REGULATIONS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_44?view=all 15/34 A. Off-Site Residential Subdivision Directional Signs. The following shall regulate and establish a standardized program for off-site residential subdivision directional kiosk signs for the City. For the purposes of this subsection, a “residential subdivision” is defined as a housing project within a recorded tract where 5 or more structures or dwelling units are concurrently undergoing construction.

1. The panel and sign structure design shall be in accordance with Figure 17.44-01.

2. No kiosk sign structure shall be located less than 300 feet from an existing or previously approved kiosk site, except in the case of signs on different corners of an intersection.

3. The placement of each kiosk sign structure shall be reviewed and approved by the City Manager or designee.

Figure 17.44-01

4. All kiosk signs shall be placed on private property with written consent of the property owner or on City right-of-way pursuant to a City encroachment permit.

5. A kiosk sign location plan shall be prepared, showing the site of each kiosk directional sign, and shall be approved by the City Manager or designee prior to the issuance of a sign permit.

6. There shall be no additions, tag signs, streamers, devices, display boards, or appurtenances, added to the kiosk signs as originally approved, no other nonpermitted directional signs, such as posters or trailer signs, may be used.

7. All nonconforming subdivision kiosk directional signs associated with the subdivision in question must be removed prior to the placement of directional kiosk sign(s).

8. Kiosk signs, or attached project directional signage, shall be removed within 10 days from the date of the final sale of the residences. The entity administering the program will be responsible for removal of panels and structures no longer needed.

Item Number: 13.

5/23/23, 5:18 PM Chapter 17.44 SIGN REGULATIONS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_44?view=all 16/34 B. Off-Site Signs on Public Property. Private advertising and other business directory signs, may be placed in the public right-of-way, such as bus shelters, if there is a licensing agreement approved by the City Council authorizing such off-site signs on public property. An application for a sign permit must be approved prior to the construction of off-site signs on public property and the applicant and the owner of the sign shall comply with the provisions of Section 17.44.100 regarding sign construction and maintenance standards. (Ord. 536 4-16-13; prior code § 159.22.080)

17.44.090 Abandoned signs.

A. Any abandoned or illegal sign is hereby declared to be a danger to the health, safety, and welfare of the citizens of Desert Hot Springs. Any sign, that is partially or wholly obscured by the growth of dry vegetation or weeds or by the presence of debris or litter that presents a danger to the health, safety, and welfare of the citizens of Desert Hot Springs.

B. Any such abandoned or illegal signs as set forth above are hereby deemed to be a public nuisance.

Any such sign shall be removed by the property owner within 10 days after notice from the City Manager or designee, which notice shall provide an opportunity to be heard before the City Manager or designee on the abandonment and nuisance decision.

C. Legal, conforming structural supports for abandoned signs may remain, if installed with a blank sign face and supporting structures are maintained. (Prior code § 159.22.090)

17.44.100 Sign construction and maintenance.

A. Every sign, and all parts, portions, and materials shall be manufactured, assembled, and erected in compliance with all applicable State, Federal, and City regulations and the Uniform Building Code. All electrical signs, electrical apparatus and related components used shall be certified for safety by Underwriters Laboratory (UL) or similar standards, recognized in the industry, subject to the approval and certification by the City’s Building Official during issuance of a building permit.

B. Every sign, including those specifically exempt from this Zoning Ordinance, in respect to permits and permit fees, and all parts, portions, and materials shall be maintained and kept in good repair. The display surface of all signs shall be kept clean, neatly painted, and free from rust, corrosion and graffiti.

Any crack, broken surfaces, malfunctioning lights, missing sign copy or other unmaintained or damaged portion of a sign shall be repaired or replaced within 30 calendar days following notification by the City.

C. For signs with exposed raceways and/or transformers, although normally prohibited by this section unless permitted by the City Manager or designee, if used, shall be painted to match the existing building color.

D. Electronic/mechanical message signs (readerboard signs) text shall remain static for a minimum of 3 seconds, with such changes not involving scrolling or any other movement, flashing or change of intensity of lighting. No more than 30% of the sign area may be used for readerboards (either mechanical or electronic) with changeable text. (Prior code § 159.22.100)

17.44.110 Nonconforming signs.

Item Number: 13.

5/23/23, 5:18 PM Chapter 17.44 SIGN REGULATIONS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_44?view=all 17/34 A. Any nonconforming sign, lawfully constructed and maintained prior to the effective date of the ordinance codified in this chapter with a valid sign permit, sign program permit or variance, and which complied with all applicable laws on the date of its approval and installation, is a legal nonconforming sign provided that the City Manager or designee determines that the sign is properly maintained and does not pose a danger to the public health, safety and welfare. A legal nonconforming sign shall be removed or modified to comply with the requirements of this chapter as provided in this section and upon the altering, expansion, reconstruction of or change to any nonconforming sign, copy, the size or the color of a sign or copy, or addition of new signage or signs to the site, premises, building or structure upon which the nonconforming sign is located.

B. A legal nonconforming sign may not be expanded, extended, rebuilt, altered or reconstructed in any way unless the sign is first brought into compliance with the provisions of this chapter. This provision shall not apply to any actions or work necessary to maintain the sign, as required by the maintenance provisions of this chapter.

C. It shall be the responsibility of the property owner and/or landlord to advise his/her tenant/lessee of the provisions of this section relating to the removal of nonconforming signs upon the transfer of ownership.

D. When removal, demolition or modification to a legal nonconforming sign is required under this section, such nonconforming sign shall be demolished, removed or modified to satisfy the requirements of this chapter within 30 days of the issuance of the sign permit, sign program or temporary sign permit.

E. Exceptions Process. The City Manager or Planning Commission may approve exceptions relative to size, number, and location of signs after a public hearing in instances where an applicant is faced with exceptional circumstances because of type or location of business, or is trying to achieve a special design effect. The applicant must show that:

1. The sign will be integrated into the architecture of the building; and

2. The sign will not be detrimental to neighboring businesses or the community in general.

F. Discontinuance of a Business. A nonconforming sign (including its physical structure and/or its supporting elements) that is no longer in active use because the business has ceased operating at the premises where the sign is located shall be removed within 30 days of cessation of the business.

G. Nonconforming Sign Maintenance. Any legal nonconforming signs must comply with the maintenance requirements of this chapter, including but not limited to Section 17.44.100.

H. Hardship Exemptions.

1. Where the owner/user of a proposed or existing sign believes that compliance with the provisions of this chapter, coupled with unusual geographic or building design and configuration conditions pertaining to the site, or contractual conditions limiting the use thereof, would create an undue economic hardship on the use of property(s), the owner/user may apply to the City Manager or designee for a hardship exemption. The City Manager’s or his/her designee’s decision in such cases shall be based on 1 or more of the following criteria.

Item Number: 13.

5/23/23, 5:18 PM Chapter 17.44 SIGN REGULATIONS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_44?view=all 18/34 a. The site is unusual in size, shape or topography.
b. Improvements on the site or on adjoining public or private properties cause a visual obstruction.
c. The site is improved with a multiple-business development, and is encumbered by an existing contractual obligation that precludes the modification of 1 or more other existing signs for other businesses at the same time as the installation of a new sign or a modification to an existing sign on the same sign structure is proposed for a business on the premises.

2. Approval of a hardship exemption may be subject to time, place and manner conditions, based on issues of size, location, color, construction materials, and design of the sign, without consideration or restriction as to the message to be displayed on the sign.

3. The applicant has the burden of proof to show to the City’s satisfaction that a hardship exists based on the criteria found above.

I. Damage. A nonconforming sign that sustains less than 50% damage to its structure shall be repaired or replaced as soon as possible, but not more than 180 days after the date of the damage. If damaged more than 50%, it shall be removed or modified to meet this chapter within 180 days of the date of the damage.

J. Intensification. All nonconforming signs for a business premises shall be made to conform to this chapter:

1. When a new business intensifies the use of a property that will require a site plan and design review or a similar discretionary review as set forth in this chapter.

2. When a remodel or expansion of an existing business results in doubling the gross square footage of an existing building, or exceeds 10,000 square feet, whichever is less.

K. Facade Remodel. Remodel of a front building facade shall require that all nonconforming signs located on the front facade or affected by the facade remodel be brought into compliance.

L. New Freestanding Sign. Addition of a new freestanding sign shall require that all nonconforming signs on the site be brought into compliance. However, the addition of other new conforming signs on the site shall not require that other nonconforming signs be brought into compliance.

M. Relocation. A nonconforming sign proposed to be relocated shall be made conforming at the time of relocation, except where the relocation occurs as a result of a City or redevelopment agency public improvement project.

N. Traffic Hazard/Unsafe Condition. Any nonconforming sign that constitutes a traffic hazard or creates any other unsafe condition shall be subject to immediate removal or modification as necessary to eliminate the hazardous or unsafe condition. (Prior code § 159.22.110)

17.44.120 Removal of illegal signs.

Item Number: 13.

5/23/23, 5:18 PM Chapter 17.44 SIGN REGULATIONS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_44?view=all 19/34 A. The City Manager or designee shall remove or cause the removal of any fixed, permanent sign constructed, placed or maintained in violation of this chapter, after 30 days following the date of mailing of registered or certified written notice to the owner of the sign, if known, at the last known address and to the owner of the property as shown on the latest assessment roll, or to the occupant of the property at the property address. Within 30 days of removal of illegal sign owner of sign, property owner and occupant shall be responsible for rehabilitation of the building wall or other area to new condition prior to placement of illegal sign.

The notice shall describe the sign and specify the violation involved, and indicate that the sign will be removed if the violation is not corrected within 30 days. If the owner disagrees with the opinion of the City Manager or designee, the owner may, within the said 30-day period request a hearing before the Planning Commission to determine the existence of a violation.

B. Signs removed by the City Manager or designee pursuant to this chapter shall be stored for a period of 60 days, during which time they may be recovered by the owner upon payment to the City for costs of removal and storage. If not recovered prior to expiration of the 60-day period, the sign and supporting structures shall be declared abandoned and title thereto shall vest to the City. The cost of removal shall be billed to the owner of the property. If bill for sign removal is not paid after 60 days, a lien shall be placed on the property upon which said illegal sign was erected. (Prior code § 159.22.120)

17.44.130 Amortization.

Any nonconforming sign shall either be removed or brought into compliance with the requirements of this chapter within 10 years from the effective date of this Sign Ordinance. (Prior code § 159.22.130)

17.44.140 Inventory and abatement.

Within 6 months from the date of adoption of this Sign Ordinance, and within 6 months of any substantive design revisions, the City shall commence a program to inventory and identify illegal or abandoned signs within its jurisdiction. Within 60 days after this 6-month period, the City may commence abatement of identified illegal or abandoned signs. (Prior code § 159.22.140)

17.44.150 Sign regulations.

Table 17.44.01 identifies the signs permitted in each of the land use districts. In addition to the following regulations, all signs must be in compliance with all other applicable provisions of this chapter.

TABLE 17.44.01

SIGN REGULATIONS BY SIGN USE CATEGORY
Item Number: 13.

5/23/23, 5:18 PM Chapter 17.44 SIGN REGULATIONS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_44?view=all 20/34 Class Type Max. Number Max. Sign
Area
Max. Sign
Height
Location Illumination
Allowed
Remarks
A. Signs Permitted in Residential Districts

1. Name plate Wall/door 1 per occupied
unit
2 sf Below eave
line
Wall/door No Shall identify only the
name and/or address of
the occupant.

2. Apartment
identification
Wall or
monument
1 per street
frontage
12 sf Below eave
line for wall
sign & 6′ for
monument
5′ setback May be
illuminated only
in multifamily
districts
Signs shall not be
internally lighted.

3. Institutional
signs
Wall or
monument
1 per use 24 sf Below eave
line for wall
sign & 6′ for
monument
10′ setback
from front & 5′
setback from
the property
line
Yes a. Name of institution
only.
b. May incorporate
changeable copy.
c. Signs shall not be
internally lighted.

4. Neighborhood
identification
Wall or
monument
2 per major
entrance
30 sf 5′ At major
entrances
Yes a. Copy limited to
project/neighborhood
name only.
b. Shall not be internally
lighted.
c. Allowed only if
maintenance
responsibility assigned to
community association.

5. Mobile home Wall or
monument
1 per street
frontage
24 sf 10′ May not be
located in a
required
setback area
adjoining a
street
Yes

6. Project
identification sign
(temporary)
Freestanding
(on-site)
2 for
subdivisions
more than 5
acres
76 sf 15′ 10′ setback
from any street
No a. All signs shall be
removed within 30 days
after the sale/rental of the
last unit in the
project/subdivision.
b. Refer to §

17.44.080(B) for
regulations pertaining to
off-site subdivision signs.

7. Real estate Freestanding 1 per residence 4 sf 5′ Within the subject
property
No Copy limited to the sale,
rent or lease of the
subject property.

Item Number: 13.

5/23/23, 5:18 PM Chapter 17.44 SIGN REGULATIONS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_44?view=all 21/34

8. Crime
prevention
Freestanding Subject to
approval
6 sf 10′ Within the
public right-ofway
No a. Subject to
authorization from City &
subject to conditions.
b. Only at designated
locations, for specific
periods of time.

9. Business
identification
Wall or
monument
1 per street
frontage
8 sf 5′ 10′ setback
from the
property
No
B. Signs Permitted in C-N, C-C, and C-G Commercial Districts

1. Single Tenant Sites Not Part of a Center
a. Business
identification
Wall or canopy 1 single face
sign per bldg.,
street or
parking lot
frontage; max.
3 signs per
business

1.5 sf of sign
area per each
lineal ft. or
bldg. fronting
on street. 75 sf
max. sign area
in C-N District;
otherwise 100
sf max. In
addition, 1.5 sf
of sign area
per lineal ft. of
the bldg.’s rear
elevation if a
public entrance
is provided
from a rear
street or
parking lot. 50
sf max.

May not project
above the eave
line
May be located
on parapet or
canopy
Yes Allowable aggregate wall
sign(s) area shall include
areas of allowed
permanent window signs.
b. Business
identification
Projecting 1 dbl face sign
per frontage
25 sf max. per
face
May not extend
beyond eave
line
May only be
attached to the
bldg., to which
the copy
relates
Yes a. Authorized in lieu of a
wall sign.
b. Authorized only where
no bldg. setback is
required.
c. Business
identification
Window
(permanent)
1 sign per
window
25% of the
glass area
upon which the
sign is located
Window
lettering
permitted or
exterior of
glass window
or door
No, except
signs
constructed of
neon tube
letters and/or
symbols
Allowable aggregate of
window sign(s) area shall
include areas of allowable
wall signs. Signage
located within 3 linear ft.
of a window within the
store shall be considered
window signage.

Item Number: 13.