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City of Desert Hot Springs
AGENDA
REGULAR MEETING OF THE CITY COUNCIL
and the City Council Serving as the Successor Agency to the Former Redevelopment Agency Board
Tuesday, September 19, 2023
4:00 PM - Closed Session
5:15 PM - Presentations
6:00 PM - Regular Session
Council Chambers/City Hall
11-999 Palm Drive
Desert Hot Springs, California, 92240
Page
CLOSED SESSION - 4:00 P.M.
CALL TO ORDER
ROLL CALL
PUBLIC COMMENTS
At this time, item(s) on the Closed Session agenda may be discussed during Public Comments. PLEASE STATE YOUR NAME FOR THE RECORD.
CLOSED SESSION:
1. Public Employee Complaints
(Government Code Section 54957)
2. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code Section 54957.6)
Unrepresented employee: City Manager
RECESS
PRESENTATIONS - 5:15 P.M.
Machine Pitch Rookies Little League Recognition
Recognition Presented to Linda Crowson for her Significant Contributions to the Friends of the Library
Retirement Recognition for Pablo Encino, Public Works Lead Maintenance Technician
Introductions and Swearing-In of New Police Officers and Desert Hot Springs Police Department Personnel
REGULAR SESSION - 6:00 P.M.
CALL TO ORDER
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
CITY ATTORNEY REPORT ON CLOSED SESSION
APPROVAL OF AGENDA
At this time the City Council may amend the order of the agenda, approve the Consent Calendar, remove items from the Consent Calendar for separate discussion and action, and add Urgency Items.
Urgency Items ("Added Starters"): The Brown Act, which governs public meetings, permits the City Council to take action on any item that does not appear on the agenda only if 2/3 of the City Council (if all are present) or all members of the City Council (if fewer than all members are present) determine there is a need to take immediate action on the item, and the need to take immediate action came to the City Council's attention after the agenda was posted.
PUBLIC COMMENTS
At this time, pursuant to the Brown Act, any person may comment on matters of general interest within the subject matter jurisdiction of the City Council, NOT listed on the agenda. Under the Brown Act, the City Council should not take action on or discuss matters raised during Public Comment portion of the agenda that are not listed on the agenda.
Comments are limited to the first ten (10) speakers at three (3) minutes per speaker. Speakers may not yield their time to others without consent of the Mayor. All comments are to be directed to the City Council and shall be devoid of any personal attacks. Members of the public are expected to maintain a professional, courteous decorum during public comments.
Please complete and submit a "speaker card" to the City Clerk. You will be asked to STATE YOUR NAME AND CITY OF RESIDENCE FOR THE RECORD.
CITY MANAGER REPORT
MAYOR AND COUNCIL MEMBER REPORTS
PUBLIC HEARINGS:
3. Amendments to the General Plan Land Use Policy Plan and Zoning Map to Change Designations on Certain Properties to Address Lands Put Into Conservation, Lands Used for Public Use, and Minor Modifications to the Downtown Commercial Designation
Boundaries (CEQA Exemption 15061(b)(3))
Travis Clark, Community Development Director
9 - 22
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) Adopt a Resolution of the City Council approving amendments to the General Plan Land Use Policy Plan Map and Zoning Map to change designations on certain properties to address lands put into conservation, lands used for public use, and minor modifications to the Downtown Commercial designation boundaries, and find the project exempt from CEQA per Section 15061(b)(3).
Staff Report - SR-23-210 - Pdf
4. An Ordinance Amending a Chapter of Title 17, Zoning Ordinance:
"Chapter 17.08 (Residential Districts)" (CEQA Exemption 15061(b)(3))
Travis Clark, Community Development Director
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 a chapter of Title 17, Zoning Ordinance "Chapter 17.08 (Residential Districts)."
Staff Report - SR-23-202 - Pdf
23 - 263
ADMINISTRATIVE CALENDAR:
5. Services Agreement with Martha's Village and Kitchen to operate an Access Hub at 66753 Hacienda Ave from October 1, 2023 to December 31, 2023
Doria Wilms, Interim City Manager
Recommendation:
Approve the Professional Services Agreement with Martha's Village and Kitchen to operate an Access Hub at 66753 Hacienda Ave from October 1, 2023 to December 31, 2023, with substantive changes to be made by the City Manager, if any.
Staff Report - SR-23-221 - Pdf
265 - 412
6. Approval of Tract Map No. 38200 for Rancho Descanso, Acceptance of Dedications for Street and Utility Purposes, Acceptance of Subdivision Improvement Agreement and Related Security
Jilleen Ferris, City Engineer
Recommendation:
1) Find that Tract Map No. 38200 is in substantial conformance with the previously approved tentative map;
2) Approve Tract Map No. 38200 in accordance with the Conditions of Approval;
3) Accept the dedications as offered on the map for street and public utility purposes;
4) Accept the Subdivision Improvement Agreement, Performance Bond and Labor and Materials Bond, any substantive changes shall be approved by the City Manager and the City Attorney;
5) Authorize the City Clerk and City Engineer to sign the map evidencing the City Council’s approval; and
6) Authorize staff to process and file the map and subdivision improvement agreement with the County Recorder’s Office.
Staff Report - SR-23-215 - Pdf
413 - 442
7. Approve a Refund of the Utility Users Tax in the Amount of $11,220.92 to Riverside County
Geoffrey Buchheim, Administrative Services Director
Recommendation:
Approve a refund of Utility Users Tax paid over the last year in the amount of $11,220.92 to Riverside County.
Staff Report - SR-23-217 - Pdf
443 - 602
8. 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
Travis Clark, Community Development Director
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.
Staff Report - SR-23-212 - Pdf
603 - 615
9. 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
City Council Sub-Committee on Policy and Procedures:
Councilmember, Gary Gardner; and Councilmember, Jan Pye Recommendation:
617 - 642
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.
Staff Report - SR-23-219 - Pdf
10. An Ordinance Amending Chapter 1.10 "City Seal and Insignias" of the Desert Hot Springs Municipal Code
Jerryl Soriano, City Clerk
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.
Staff Report - SR-23-216 - Pdf
643 - 651
11. Delegation of Investment Authority to the City Treasurer and Adoption of the Investment Policy for Fiscal Year 2023-2024 Geoffrey Buchheim, Administrative Services Director
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.
Staff Report - SR-23-211 - Pdf
653 - 662
CONSENT CALENDAR:
Matters on the "Consent Calendar" are considered routine and may be acted upon by one motion under "Approval of the Agenda." Individual items may also be removed by the City Council for separate discussion under "Approval of the Agenda." The title is deemed to be read and further reading waived on any ordinance listed on the Consent Calendar for second reading and adoption.
12. City Council Regular Meeting Minutes: September 5, 2023 City Council Special Meeting (Closed Session) Minutes: September 8, 2023
Jerryl Soriano, City Clerk
Recommendation: Approve the Minutes as presented; or as corrected.
Staff Report - SR-23-220 - Pdf
663 - 672
13. 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)
673 - 758
Jerryl Soriano, City Clerk
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)."
Staff Report - SR-23-213 - Pdf
14. Second Reading and Adoption of 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)
Jerryl Soriano, City Clerk
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 17.20 (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-23-214 - Pdf
759 - 839
PUBLIC COMMENTS
Opportunity is given to those members of the public who have NOT addressed the City Council on an item which is NOT on the agenda. Comments are limited to three (3) minutes per speaker. PLEASE STATE YOUR NAME AND CITY OF RESIDENCE FOR THE RECORD.
ADJOURN
UPCOMING MEETING DATES
*Please refer to the City website calendar at www.cityofdhs.org for meeting locations and the most up to date information.
October 3 City Council Regular Meeting 6:00 p.m.
October 10 Planning Commission 6:00 p.m.
October 12 Public Safety Commission 6:00 p.m.
October 17 City Council Regular Meeting 6:00 p.m.
________________________________________________________________________________________
NOTICES
In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the Office of the City Clerk at City Hall during normal business hours at 11999 Palm Drive, Desert Hot Springs, CA 92240.
If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda at 11999 Palm Drive, Desert Hot Springs, CA 92240.
Americans with Disabilities Act
In an effort to comply with the requirements of Title 2 of the Americans with Disabilities Act of 1990, the City of Desert Hot Springs requires that any person in need of any type of special equipment, assistance, or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting to enable the City to make reasonable arrangements.
SR-23-210
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: Amendments to the General Plan Land Use Policy Plan and Zoning Map to Change Designations on Certain Properties to Address Lands Put Into Conservation, Lands Used for Public Use, and Minor Modifications to the Downtown Commercial Designation Boundaries (CEQA Exemption 15061(b)(3))
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) Adopt a Resolution of the City Council approving amendments to the General Plan Land Use Policy Plan Map and Zoning Map to change designations on certain properties to address lands put into conservation, lands used for public use, and minor modifications to the Downtown Commercial designation boundaries, and find the project exempt from CEQA per Section 15061(b)(3).
BACKGROUND:
As part of the effort to amend Title 17, Zoning Ordinance, staff has reviewed the General Plan Land Use Policy Plan and Zoning Map for internal consistency with the Zoning Ordinance and consistency with each other. After doing so, staff is recommending updates to both maps.
The General Plan along with the maps were adopted in May of 2020. There was an update on January 18, 2022 adopted by City Council that made modifications to six parcels.
DISCUSSION:
The changes proposed to the maps fall into three categories - Open Space Conservation, Downtown Commercial, and Public/Institutional uses.
In the first category of Open Space Conservation, the recommendation is to amend the General Plan Land Use Policy Plan (General Plan Map) and Zoning Map to designate any lands owned by the Item Number: 3.
SR-23-210
Coachella Valley Conservation Commission (CVCC) to "Open Space" on the General Plan Map and to "Open Space - Conservation" on the Zoning Map. This change was previously made in the 2020 update of the General Plan maps for lands owned by the CVCC at the time. Since the 2020 update, the CVCC has purchased more land totaling 55 parcels and 346.3 acres as part of the implementation of the Coachella Valley Multi-Species Habitat Conservation Plan (CVMSHCP). These parcels are dispersed throughout the city. Most of these properties are currently designated as Residential - Rural Desert in both maps. This change would put these parcels into the conservation district designation as was previously done in 2020. No privately owned property is affected by this change as it applies solely to lands owned by CVCC.
The second category of changes involve just the Zoning Map for those parcels currently designated General Commercial in the downtown area along Pierson Boulevard between Cactus Drive and Cholla Drive. These commercial properties are proposed to be zoned Downtown Commercial. Sixty-two parcels are involved totaling approximately 20 acres. This change provides for consistent zoning throughout the downtown area. The change will also extend the potential for multi-family/mixed-use projects in this area given the changes that the Planning Commission has recommended in "Chapter
17.12, Commercial Districts." In addition, changes made to "Chapter 17.48, Off-site Parking" eliminate the on-site parking requirement for parcels within the Downtown Commercial zone. The General Plan Map does not need to be changed as all commercially zoned land fall within a single broad land use category of "Commercial."
The third category of map changes involves those parcels with public and institutional uses that were not included in the previous map update in 2020. Those uses would be designated "Public/Institutional Uses" in both the General Plan Map and the Zoning Map. Five parcels encompassing approximately 23 acres are involved with this change including City Hall, the Library, the Post Office, the MSWD cooperate yard at the MSWD wastewater treatment plant; and Fire Station No. 98.
SB 330 Analysis
SB 330 prohibits local jurisdictions from enacting new laws that would have the effect of reducing the legal limit on new housing within their borders. While the change of parcels from Residential - Rural Desert to Open Space - Conservation has the potential to reduce the number of new houses, that potential is near non-existent as the Conservation District would not build new houses on land they own. The sole purpose of the Coachella Valley Multi-Species Habitat Conservation Plan (CVMSHCP) is to preserve those lands. To develop a single-family house in CVMSHCP designated conservation areas requires the applicant to go through the Joint Project Review (JPR) process and any development would be analyzed by the City's ability to "take" lands from the CVMSHCP. These housing sites were not counted in the Regional Housing Needs Allocation (RHNA) given their location in the CVMSHCP.
It should be noted that these map changes coupled with the proposed Zoning text amendments expand housing opportunities by allowing for multi-family in the Downtown Commercial zone thereby increasing the availability of additional housing opportunities.
FISCAL IMPACT:
None.
ENVIRONMENTAL ANALYSIS:
City staff considered the changes to the General Plan Land Use Policy and Zoning maps under the requirements of the California Environmental Quality Act (CEQA). The proposed amendments consist of:
Item Number: 3.
SR-23-210
• Change from various designations to Open Space Conservation for 346.3 acres placed in conservation as part of the Coachella Valley Multi-Species Habitat Conservation Plan; • Change from General Commercial to Downtown Commercial for 20 acres along Pierson Boulevard to from Cactus Drive to Cholla Drive;
• Change from various designations to Public/Institutional for approximately 23 acres which are currently occupied by City Hall, the Post Office, the Library, the MSWD wastewater treatment plant; and Fire Station 98.
The City has determined that the proposed amendments are exempt pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of this Ordinance in question may have a significant effect on the environment for the following reasons:
1) No projects are proposed for any of the parcels, and there will be no physical change to the environment.
2) For those parcels which are currently vacant, the City will undertake CEQA review when a project is proposed on an individual parcel.
3) For those parcels which are occupied by existing structures, such as City Hall and the Library, no further environmental effects will occur and this change is only administrative. 4) The parcels acquired for conservation will now not be developed, and the change in designation represents a beneficial impact to the environment.
Based on this analysis, the map amendments are determined Exempt from the California Environmental Quality Act, and a Notice of Exemption should be filed.
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) Resolution General Plan Update and Zoning Map Update 2) Adopted General Plan Land Use Map 2020
3) Adopted Zoning Map 2020
Item Number: 3.
RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS, CALIFORNIA, TO: 1) AMEND THE GENERAL PLAN LAND USE POLICY PLAN, AND 2) AMEND THE ZONING MAP TO CHANGE
DESIGNATIONS ON CERTAIN PROPERTIES TO ADDRESS LANDS PUT INTO
CONSERVATION, LANDS USED FOR PUBLIC USE, AND MINOR
MODIFICATIONS TO THE DOWNTOWN COMMERCIAL DESIGNATION
BOUNDARIES
WHEREAS, the City is a charter City; and
WHEREAS, after a duly noticed public hearing, on May 26, 2020, the City Council adopted and approved a General Plan Update and an amendment to the General Plan Land Use Map to update the General Plan and re-designate several properties in the City, GPA 20-1 (the “General Plan Amendment”); and WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”), Public Resources Code Sections 21000, et seq., and its implementing regulations, California Code of Regulations Section 15000, et seq., (“CEQA Guidelines”), the City, acting as Lead Agency, reviewed and certified a draft Environmental Impact Report (State Clearinghouse number 2019080101) prepared for the proposed General Plan Amendment and determined that, following the implementation of certain mitigated measures; and
WHEREAS, the City adopted and approved, pursuant to the CEQA Guidelines Section 15093, the Statement of Overriding Considerations; and WHEREAS, the General Plan Amendment was and is a comprehensive planning document which took years to prepare; and
WHEREAS, the Planning Commission recommended to the City Council that it amend the General Plan Land Use Policy Plan and Zoning Map to change designations on certain properties to address lands put into conservation, lands used for public use, and minor modifications to the Downtown Commercial designation boundaries are amended; and
WHEREAS, having reviewed and considered all testimony and materials made available to the City, including but not limited all environmental documents and reports, the staff reports, and all the testimony and evidence in the record of the proceedings with respect to the proposed Resolution, the City Council adopted this Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. RECITALS
Item Number: 3.
2 The above recitals are hereby incorporated herein.
Section 2. ADMINISTRATIVE RECORD
The City Council considered all of the evidence submitted into the administrative record listed in this Resolution, including, but not limited to, the following:
(a) Desert Hot Springs Municipal Code and Desert Hot Springs General Plan;
(b) All environmental documents;
(c) Staff Report;
(d) Testimony and/or comments from interested parties submitted to the City in both written and oral form at, or prior to, the public hearing conducted at the Planning Commission and City Council meeting; (f) Public comments, both written and oral, received and/or submitted at, or prior to, the public hearing and all supporting and/or opposing this proposed Resolution.
Section 3. ENVIRONMENTAL FINDINGS.
Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City Council determines:
Pursuant to the California Environmental Quality Act (“CEQA”), Public Resources Code Sections 21000, et seq., and its implementing regulations, California Code of Regulations Section 15000, et seq., (“CEQA Guidelines”), the City, acting as Lead Agency, reviewed and certified a draft Environmental Impact Report (State Clearinghouse number 2019080101) prepared for the proposed General Plan Amendment and determined that, following the implementation of certain mitigated measures. Further, the proposed amendments are exempt pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of this Ordinance in question may have a significant effect on the environment for the following reasons:
1. No projects are proposed for any of the parcels, and there will be no physical change to the environment.
2. For those parcels which are currently vacant, the City will undertake CEQA review when a project is proposed on an individual parcel.
3. For those parcels which are occupied by existing structures, such as City Hall and the Library, no further environmental effects will occur and this change is only administrative.
4. The parcels acquired for conservation will now not be developed, and the change in designation represents a beneficial impact to the environment.
Item Number: 3.
3 Based on this analysis, the map amendments are determined exempt from the California Environmental Quality Act, and a Notice of Exemption should be filed.
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.
Section 4. FINDINGS FOR GENERAL PLAN AMENDMENT
The City Council has considered all of the evidence submitted into the administrative record for the proposed Resolution and in accordance with Section
17.100.050 of the Desert Hot Springs Municipal Code, bases its adoption on the following findings:
A. That the proposed amendment is internally consistent with the General Plan;
B. That the proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; C. That the proposed amendment would maintain the appropriate balance of land uses within the City; and
D. That in the case of an amendment to the General Plan Land Use Map, the subject parcel(s) is physically suitable (including, but not limited to access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation(s) and the anticipated land use development(s).
E. That the proposed amendment merely fixes typographical errors.
Section 5. APPROVAL OF 1) GENERAL PLAN AMENDMENT LAND
USE POLICY PLAN, AND 2) ZONING MAP
The City Council hereby approves the attached amended page(s) to the General Plan, which are attached hereto and incorporated herein as Exhibit “A”: The City Council hereby approves the attached amended page(s) to the Zoning Map, which are attached hereto and incorporated herein as Exhibit “B”:
Section 6. CERTIFICATION
The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the City; and shall make a minute of passage and adoption thereof in the records of the proceedings.
Section 7. SEVERABILITY
Item Number: 3.
4 That if any provision, section, paragraph, sentence or word of this Resolution 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 Resolution as hereby adopted shall remain in full force and effect.
Section 8. REPEAL OF CONFLICTING PROVISIONS
That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.
Section9. EFFECTIVE DATE
That this Resolution shall take effect pursuant to State law.
Item Number: 3.
5 EXHIBIT A
Item Number: 3.
Item Number: 3.
6 EXHIBIT B
Item Number: 3.
Item Number: 3.
7 PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting duly held on the September __, 2023, by the following vote:
AYES:
NAYS:
ABSENT:
ATTEST: APPROVED:
Jerryl Soriano, City Clerk Scott Matas, Mayor
APPROVED AS TO FORM:
Jennifer Mizrahi, City Attorney
https://streamkim.sharepoint.com/sites/ZDrive/Shared Documents/data/004 DHS/DHSO/0001-01 General/Doc/6872- PC Resolution General Plan Update 08.24.23.docx
Item Number: 3.
S a n G o rg o n i o
W i l d e r n e s s A r e a
J o s h u a Tr e e
N a ti o n a l P a r k
L i t t l e S a n B e r n a r d i n o M o u n t a i n s N o rt h
P a l m S p ri n g s
C a t h e d r a l C it y
S a n d t o S n o w
N a ti o n a l M o n u m e n t
S a n d t o S n o w
N a ti o n a l M o n u m e n t
S a n t a R o s a a n d
S a n J a c i n t o
N a ti o n a l M o n u m e n t
Sunset Ridge
Specific Plan
Tuscan Hills
Specific Plan
Rancho Royale
Specific Plan
Skyborne
Specific Plan
Two Bunch Palms
Specific Plan
Ranch Oasis
Specific Plan
Aventura Palms II
Specific Plan
Rancho Royale
Specific Plan
Walmart Retail Center
Specific Plan
Desert Land
Ventures
Specific Plan
Coachillin
Specific Plan
Desert
Harvest
Specific Plan
Highland Falls
Amendment District
Mission Creek Trails
Amendment District
Rancho Royale
Specific Plan
I-10
SH-62
PALM DR
DILLON RD
WORSLEY RD
20TH AVE
PIERSON BLV
HACIENDA DR
8TH ST
MISSION CREEK RD
L TI TLE MORONGO RD
N INDIAN CANYON DR INDIAN AVE
MISSION LAKES BLV
4TH ST
CACTUS DR
MOUNTAIN VIEW RD
5TH ST
18TH AVE
6TH ST
3RD ST
BUBBL NI G WELLS RD
1ST ST
VARNER RD
PIERSON BLVD
12TH ST
MESQUITE AVE
VERBENA DR
21ST AVE
7TH ST
DESERT VIEW AVE
CHOLLA DR
2ND ST
13TH AVE
16TH AVE
15TH AVE
14TH AVE
ACOMA AVE
IRONWOOD DR
KAREN AVE
MICRO PL
WEST AVE
VIA VISTA
UN TI ED RD
SCENIC DR
CAHUILLA AVE
SIERRA BLV
LONG CANYON RD
19TH AVE
YERXA RD
PAINTED HILLS RD
KAY RD
INAJA ST
BUENA VISTA AVE
WESTERN AVE
SANTA CRUZ RD
8TH AVE
VIA QUEDO
VIA MONTANA
CAMINO AVENTURA
HIDALGO ST
SERENDIPITY RD
14TH ST
TAMAR DR
SUNLAND RD
HACIENDA AVE
POMELO DR
VERNON RD
MIRACLE HILL RD
JUNE RD
QUINTA WY
RUBY DR
WEST DR
V AI REAL
MAPLE RD
GRANADA AVE
BLAIR RD
ATLANT CI AVE
CUANDO WY
YUCCA DR
LA SALLE
SEELEY ST
ANNADALE AVE
EL R OI LN
DAVE AVE
MARION RD
AMBROS OI DR
INYO DR
AVENIDA DESCANSO
AVEN DI AM RI OLA
CAROL DR
JULIAN DR
CABOT RD
ZETA RD
CAMINO CAMPANERO
AVEN DI A RAMBLA
CLUBHOUSE BLV
PROMENADE DR
VALENCIA DR
D AI BLO RD
TWO BUNCH PALMS TR
AVEN DI A ATEZADA
FLORA AVE
BLUMA AVE
REDBUD RD
CREST ST
OLD MORONGO RD
VIA LORETO
GATEWAY BLV
ELAINE DR
AVEN DI A RAMADA
SONORA DR
MELISSA LN
OAKMOUNT BLV
RAMONA DRLA MESA DR
CLAIRE AVE
ELISEO RD
MOLLIES AVE
PACIFIC AVE
OCOTILLO RD
THOMAS AVE
CALIENTE DR
ANGELA DR
EL CAJON DR
GLORY VIEW RD
SILVER STAR AVE
FAR VIEW RD
AUGUSTA AVE
DIABLO ST
THORNTON RD
FLORENCE DR
SUMAC DR
AVENIDA BARONA
PANORAMA DR
TRAM V EI W RD
SPYGLASS AVE
WARWICK DR
CUYAMACA DR
KNOLL DR
DEODAR AVE
ESTRADA ST
WINDHAVEN RD
AVENIDAMONTEFLORA
CAMINO CAMPESINO
WOLVEN ST
LUIS DR
10TH ST
OPPERMAN RD
SUNSET AVE
NANCY DR
BANDERA ST
THUMB DR
SKYLINE DR
LUNA RD S
SAN ARDO RD
MAUI WY
AVENIDA VISTA
PALOMAR LN
BOBCAT
CALLE DE LOS ROMOS
ORMA VISTA DR
KEITH ST
VISTA DEL VALLE
NEW VIEW DR
HERMANO WY
SANTA YSABEL DR
AUGUA CAYENDO RD
CALLE CERRITO
AZANIA AVE
FALCON DR
COVEY ST
MCCARGER RD
AVEN DI AMERCED
SAN RAFAEL RD
GARY AVE
PASEO YUCCA VISTA
VIA CORTO WEST
LOUISE ST
PR CI KLY PEAR TR
MOUNTA NI V EI W DR
SAN FELIPE RD
TERRACE WY
VISTA PL
E A R ROYO DR
SARITA DR
NAHUM DR
SAN MARCUS RD
EL MIRADOR BLV
PISCES WY
CAPILAND RD
PARK LN
CLUB HOUSE DR
GALILEO PL
PARMA DR
AVENIDA FLORENCITA AVENIDAMANZANA
VIA DOMINGO
REPOSO WY
COUGAR
SAN JACINTO LN
BROOKLINE AVE
AVENIDA ALTA LOMA
CATALPA AVE
ESPARTA AVE
CASA GRANDE DR
COTTONWOOD DR
MARION WY
MARK DR
AVA CT
W ARROYO DR
DEL REY LN
DERONDA AVE
LOMA VISTA RD
DEL RAY LN
ESTRELLA AVE
SYCAMORE RD
CENTEN NIAL P L
LOUISAN RD
KRANSHIRE RD
PA NI T BRUSH TR
FOXDALE DR
SKYBORNE DR
BEACON WY
KIT ETAIL DR
SAN MIGUEL RD
SAGEBRUSH TR
AVENIDA CADENA
MAUNA LOA RD
BEECH AVE
YAQUI LN
SAN GORGONIO LN
CRESENT DR
EL SOL DR
CALLE AZTECA
HOYLAKE RD
GOLDEN EAGLE WY
CAROB TREE DR
TUMBLEWEED TR
AVALON PL
SANBORN ST
CHUCKWALLA TR
MARY CIR
CANYON DR
NORTH CRESCENT ST
SAN SIMEON DR
AURORA PL
ARNOLD AVE
SATURN LN
APPALACHIAN ST
BRAE BURN AVE
AVENIDA DORADO
NORMAN AVE
MOON DR
SAND HILL
PIONEER TR
SYLVANOS RD
EL SERAPE TR
HOUGH RD
WH TI E SAGE TR
SAN RAFAEL DR
RAINBOW LN
VIA DEL SOL
WHITEWATER
DESIERTO DR
SUMMIT PAS
SKY RIDGE WY
CALLE BLANCO
AVENIDA LADERA
SAN PABLO RD
JASMINE DR
HIGHWING ST
ORION TERRACE
KIMLIN AVE
MONTEREY RD
POLARIS ST
AVENIDA JALISCO
JOSHUA CT
LANTANA LN
ROLLING HILLS DR
HEARTLAND WY
TEAGARDEN DR
HIGHLAND AVE
ROSEMONT AVE
DESERT WILLOW DR
SANTA ROSA RD
SPRUCE ST
MOUNTAIN TOP CT
QUAIL RIDGE
ANTELOPE
SOUTH STARCROSS DR
SAN REMO RD
OSP R EY LN
MESA AVE
VIEW RD
VIA CORTO EAST
SOUTH CRESCENT ST
HOR IZON DR
AVENIDA SERENA
SKYPOINTE D R
SAN JUAN RD
CALLE ESCOR AI L
CAMINO SILVOSO
SCENIC CREST CIR
SAN TOMAS ST
CAMINO IDILIO
TARBUTTON RD
ROADRUNNER
VIA DEL PUEBLO
OVERLOO K DR
SAN BRUNO RD
ROUNDUP DR
RAYO DEL SOL
CALLE AMAPOLA
MERCURY DR N
PINEHURST CIR
CLOW LN
V SI TA DR
AGUA DULCE DR
SAN DIEGO DR
JAYNE ST
MEADOWS WY
SALTON VIEW RD
ROCHELLE RD
BINNIE ST
AVENIDA HERMOSA
SUSAN WY
SAN JACINTO ST
ROCKIES AV E
NORTH STAR CROSS DR
ANTHEM LN
AVENIDA PICO
SAN ANTONIO ST
WHITNEY CT
PAUL RD
UPLAND WY
ARBOR ST
GREAT SMOKEY AVE
DORAL DR
ALAMEDA DR
HACIENDA HEIGHTS DR
CASA LOMA RD
VALPARAISO DR
SKYR ISE D R
HATCHET CACTUS DR
NORTH STAR LN
SAN JOSE RD
BALD EAGLE LN
SIWANOY DR
BUCKBOARD LN
CALLE AGUA CALIEN T E
JOSEPH WY
CANYON COUNTRY RD
CIRCLE B DR
LARI AT LN
FOXBOROUGH
PACIFICA BLV
APAWAMIS RD
PUESTA DEL SOL
PYRENESS AVE
SALIDA DEL SOL PL
NICOLE CIR
N CILLE WY
BLUE SKY CIR
WHITEWATER CU TOFF
CLUB CIRCLE DR
EL DORADO PL
EL SOMBRERO LN
OLYMPIC MOUNTAIN AVE
WILLOW CREEK
PROSPECT WY
L IDO CT
AGAVE WY
DESERT TER
MADRE LN
EAGLE MOUNTAIN AVE ANNANDAL E AVE
CORSAIR ST
ACACIA AVE
LEITH AVE
MOUNTA NI PAS
LA SALLE RD
ALEXANDRIA CT
NORTH CANDLE TREE LN
BROKEN ARROW LN
DON ENGLISH WY
AVEN DI AGRAC AI
ARENA BLANCA RD
CALLE BONITA
INGLEWOOD AVE
SUMMERWALK DR
CLARENCE ST
EKWANOK DR
PROUDLAND DR
ARDEN WY
MOJAVE RD
OCOTILLO TR
CA LLE LAS T IENDAS
CLIFF CIR S
CONGRESSIONAL RD
THUNDERBIRD LN
STARDANCE DR
LOFTWO O D ST
CLIFF CIR N
CATS CLAW RD
DUNES PAS
SAN CARLOS RD
ORTEGA DR
TROON CT
TUNITAS RD
BOB RD
VIA CORTO
AFORTUNADO DR
ENCHANTED RD
SAN LORENZO DR
PEAK DR
PEQU ENA DR
COOPER CT
LOVAS CT
EA S T PARKW ALK LN
AVENIDA SUENOS
COUNTRY V EI W RD
WESTLIGHT DR
MONTERICO RD
SAN FIDEL WY
V A RDO N CT
TENTH ST
ASTORIA PL
MERCURY DR S
TWELFTH ST
SAN GORGONIO ST
OASIS DR
PASATIEMPO DR
LEONARDO DR
CAM NI O CAP SI TRANO
ARGONNE RD
SANDERLING CT
SUNRISE DR
DESERT AIR CT
CARLOS ST
KEY WY
EGAN CT
FARRIS DR
WEST SIDE DR
SMOKEWOOD C RI
CACTUS APPLE DR
BERNARDO WY
AVEN DI A DELORES AVONDALE RD
KESTREL CT
SAN LUCAS RD
SUMMIT VIEW CT
PINTO WY
BOROS CT
MC GARGER RD
SMITH CT
DOLOMITES CT
BURKE CT
LEMA CT
LEONARD CT
CAMINO DEL SOL
LA PALOMA LN
BARNES CT
TACO WY
VALLEY VIEW CT
BLUE RIDGE ST
DEL RAY CT
ELM AVE
JUNIPER DR
VISTAOESTE
FLORA AVE
THOMAS AVE
I-10
16TH AVE
AVENIDA DORADO
LONG CANYON RD
POMELO DR
MISSION LAKES BLV
OCOTILLO RD
TWO BUNCH PALMS TR
DIABLO RD
CAHUILLA AVE
INDIAN AVE
KAREN AVE
WEST DR
VERBENA DR
GOLDEN EAGLE WY
CASA LOMA RD
VIA QUEDO
TENTH ST
OCOT LI LO RD
10TH ST
5TH ST
EL RIO LN
FOXDALE DR
PIERSON BLV
SUMAC DR
4TH ST
CHOLLA DR
CABOT RD
COVEY ST
18TH AVE
ANNADALE A V E
DILLON RD
CACTUS DR
MAUI WY
I-10
MISSION CREEK RD
ACOMA AVE
AVENIDAMERCED
AVENIDA CADENA
DESERT VIEW AVE
PALM DR
FARRIS DR
DESERT TER
SAGEBRUSH TR
CAMINO CAMPESINO
CAMINO IDILIO
DESERT VIEW AVE
ESTRELLA AVE
PA NI T BRUSH TR
AVENIDA DORADO
GRANADA AVE
WEST DR
CALLE AMAPOLA
AVENIDA LADERA
CAMINO AVENTURA
LITTLE MORONGO RD
SAN REMO RD
CAMINO AVENTURA
ATLANTIC AVE
AVENIDAMANZANA
16TH AVE
N INDIAN CANYON DR
I-10
VIA REAL
ATLANTIC AVE
18TH AVE
MESQUITE AVE
WEST DR
TWO BUNCH PALMS TR
AMBROS OI DR
SK Y BOR NE DR
CHOLLA DR
16TH AVE
FLORA AVE
CACTUS DR
FOXDALE DR
SAN JUAN RD
Land Use Policy Plan
C i t y o f D e s e r t H o t S p r i n g s
Land Use Designations
R-RD: Residential Rural Desert (1 DU/5 AC)
R-L: Residential Low (Up to 6.0 DU/AC)
R-M: Residential Medium (Up to 20.0 DU/AC)
R-H: Residential High (20.0 to 30.0 DU/AC)
C: Commercial (0.30 FAR)
V-S: Visitor-Serving
MU-N: Mixed-Use Neighborhood (15 DU/AC)
MU-C: Mixed-Use Corridor (20.0 to 30.0 DU/AC)
I: Industrial: (0.60 FAR)
OS: Open Space
P: Public/Institutional
SP: Specific Plan
Base Map Features
City Boundary
Sphere of Influence
0 0.25 0.5 1 1.5 2
Miles
Source: City of Desert Hot Springs, 2020.
Date: June 11, 2020.
Overlays
Arts and Culture Overlay
Industrial Cannabis Overlay
Energy Overlay
Item Number: 3.
! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!!!!!!!!!!!!!!!!! ! ! ! ! ! !
! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !
! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!! !!!!!!!! !!!!!!!! !!!!!
! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! OS-C SP SP SP
SP
OS-C
I-L
OS-C
OS-C
OS-C
SP
R-L
SP
R-RD
OS-C
I-E
SP
P
OS-C
R-L
R-RD
P
I-L
R-RD
P
R-RD
SP
SP
R-RD
SP
P
SP
I-L
C-BP
R-RD
OS-C
R-H
OS-C
OS-C
OS-C
R-L
R-M
R-RD
R-L
R-M
R-L
OS-C
P
P
VS-C
R-L
OS-C
R-L
C-G
OS-C
C-H
OS-C
OS-C
R-RD
R-RD
C-BP
R-RD
C-BP
R-L
P
R-RD
R-L
OS-C
OS-C
I-L P
C-BP
C-H
OS-C
SP
C-BP
MU-N
R-H
R-M
MU-C
R-H
C-BP
OS-C
R-M
R-RD
R-RD
C-BP
MU-C
R-M
OS-C
R-RD
P
R-L
R-H
SP
C-G
R-L
R-RD
P
P
OS-C
C-G
R-M
R-RD
R-M
R-L
R-M
MU-C
OS-C
C-BP
R-L
P
C-H
MU-C
C-BP
MU-C
C-G
VS-C
MU-C
MU-C
C-G
P
R-RD
P
OS-R
R-L
R-RD
R-H
R-M
C-G
R-L
R-M
MU-N C-G
R-L
OS-C
R-L
R-L
R-L
C-N
OS-R
R-RD
MU-C
R-RD
OS-R
C-H
OS-C
SP
C-N
MU-N
MU-N
R-H
P
OS-R
R-H
MU-N
P
R-L
R-L
R-L
R-L
R-L
R-L
SP
SP
R-L
R-L
R-L
P
R-L
R-L
SP
R-L
R-L
R-L
SP
R-M
R-L
SP
R-L
R-RD
VS-MU
R-L
R-M
R-M
R-M
VS-MU
MU-C
R-H
R-H
VS-C
VS-C
VS-C
VS-C R-L
VS-C VS-C
VS-C
R-L
VS-MU
I-L
I-L
VS-MU
VS-MU
P
P
P
C-N
OS-R
OS-R
Sunset Ridge
Specific Plan
Tuscan Hills
Specific Plan
Rancho Royale
Specific Plan
Skyborne
Specific Plan
Two Bunch Palms
Specific Plan
Ranch Oasis
Specific Plan
Aventura Palms IISpecific Plan
Rancho Royale
Specific Plan
Walmart Retail CenterSpecific Plan
Desert Land
Ventures
Specific Plan
Coachillin
Specific Plan
Desert
Harvest
Specific Plan
Mountain View
Country Estates
Specific Plan
Highland Falls
Amendment District
Mission Creek Trails
Amendment District
Rancho Royale
Specific Plan
I-10
SH-62
PALM DR
DILLON RD
WORSLEY RD
20TH AVE
PIERSON BLV
HACIENDA DR
8TH ST
MISSION CREEK RD
LITTLE MORONGO RD
N INDIAN CANYON DR INDIAN AVE
MISSION LAKES BLV
4TH ST
CACTUS DR
MOUNTAIN VIEW RD
5TH ST
18TH AVE
6TH ST
3RD ST
BUBBLING WELLS RD
1ST ST
VARNER RD
PIERSON BLVD
12TH ST
MESQUITE AVE
VERBENA DR
21ST AVE
7TH ST
DESERT VIEW AVE
CHOLLA DR
2ND ST
13TH AVE
16TH AVE
15TH AVE
14TH AVE
ACOMA AVE
IRONWOOD DR
KAREN AVE
MICRO PL
WEST AVE
VIA VISTA
UN TI ED RD
SCENIC DR
CAHUILLA AVE
SIERRA BLV
LONG CANYON RD
19TH AVE
YERXA RD
PAINTED HILLS RD
KAY RD
INAJA ST
BUENA VISTA AVE
WESTERN AVE
SANTA CRUZ RD
8TH AVE
VIA QUEDO
VIA MONTANA
CAMINO AVENTURA
HIDALGO ST
SERENDIPITY RD
14TH ST
TAMAR DR
SUNLAND RD
HACIENDA AVE
POMELO DR
VERNON RD
M RI ACLE H LI L RD
JUNE RD
QU NI TA WY
RUBY DR
WEST DR
VIA REAL
MAPLE RD
GRANADA AVE
BLAIR RD
ATLANTIC AVE
CUANDO WY
YUCCA DR
LA SALLE
SEELEY ST
ANNADALE AVE
EL RIO LN
DAVE AVE
MARION RD
AMBROSIO DR
INYO DR
AVENIDA DESCANSO
AVEN DI A M RI OLA
CAROL DR
JUL AI N DR
CABOT RD
ZETA RD
CAMINO CAMPANERO
AVEN DI A RAMBLA
CLUBHOUSE BLV
PROMENADE DR
VALENCIA DR
DIABLO RD
TWO BUNCH PALMS TR
AVENIDA ATEZADA
FLORA AVE
BLUMA AVE
REDBUD RD
CREST ST
OLD MORONGO RD
VIA LORETO
GATEWAY BLV
ELAINE DR
AVENIDA RAMADA
SONORA DR
MEL SI SA LN
OAKMOUNT BLV
RAMONA DR
LAMESA DR
CLAIRE AVE
ELISEO RD
MOLLIES AVE
PACIFIC AVE
OCOTILLO RD
THOMAS AVE
CALIENTE DR
ANGELA DR
EL CAJON DR
GLORY VIEW RD
SILVER STAR AVE
FAR VIEW RD
AUGUSTA AVE
DIABLO ST
THORNTON RD
FLORENCE DR
SUMAC DR
AVENIDA BARONA
PANORAMA DR
TRAM V EI W RD
SPYGLASS AVE
WARW CI K DR
CUYAMACA DR
KNOLL DR
DEODAR AVE
ESTRADA ST
WINDHAVEN RD
AVENIDA MONTEFLORA
CAMINO CAMPESINO
WOLVEN ST
LUIS DR
10TH ST
OPPERMAN RD
SUNSET AVE
NANCY DR
BANDERA ST
THUMB DR
SKYLINE DR
LUNA RD S
SAN ARDO RD
MAUI WY
AVEN DI A V SI TA
PALOMAR LN
BOBCAT
CALLE DE LOS ROMOS
ORMA VISTA DR
KEITH ST
VISTA DEL VALLE
NEW VIEW DR
HERMANO WY
SANTA YSABEL DR
AUGUA CAYENDO RD
CALLE CERRITO
AZANIA AVE
FALCON DR
COVEY ST
MCCARGER RD
AVEN DI A MERCED
SAN RAFAEL RD
GARY AVE
PASEO YUCCA VISTA
VIA CORTO WEST
LOU SI E ST
PR CI KLY PEAR TR
MOUNTAIN VIEW DR
SAN FELIPE RD
TERRACE WY
VISTA PL
E A R ROYO DR
SAR TI A DR
NAHUM DR
SAN MARCUS RD
EL MIRADOR BLV
P SI CES WY
CAPILAND RD
PARK LN
CLUB HOUSE DR
GALILEO PL
PARMA DR
AVEN DI A FLORENCITA AVEN DI A MANZANA
VIA DOMINGO
REPOSO WY
COUGAR
SAN JACINTO LN
BROOKLINE AVE
AVENIDA ALTA LOMA
CATALPA AVE
ESPARTA AVE
CASA GRANDE DR
COTTONWOOD DR
MARION WY
MARK DR
AVA CT
W ARROYO DR
DEL REY LN
DERONDA AVE
LOMA VISTA RD
DEL RAY LN
ESTRELLA AVE
SYCAMORE RD
CENTEN NIAL P L
LOUISAN RD
KRANSHIRE RD
PAINT BRUSH TR
FOXDALE DR
SKYBORNE DR
BEACON WY
KIT ETAIL DR
SAN MIGUEL RD
SAGEBRUSH TR
AVENIDA CADENA
MAUNA LOA RD
BEECH AVE
YAQUI LN
SAN GORGONIO LN
CRESENT DR
EL SOL DR
CALLE AZTECA
HOYLAKE RD
GOLDEN EAGLE WY
CAROB TREE DR
TUMBLEWEED TR
AVALON PL
SANBORN ST
CHUCKWALLA TR
MARY CIR
CANYON DR
NORTH CRESCENT ST
SAN SIMEON DR
AURORA PL
ARNOLD AVE
SATURN LN
BRAE BURN AVE
AVENIDA DORADO
MOON DR
SAND HILL
PIONEER TR
SYLVANOS RD
EL SERAPE TR
HOUGH RD
WH TI E SAGE TR
SAN RAFAEL DR
RAINBOW LN
VIA DEL SOL
WH TI EWATER
SUMMIT PAS
SKY RIDGE WY
CALLE BLANCO
AVENIDA LADERA
SAN PABLO RD
JASMINE DR
HIGHWING ST
ORION TERRACE
KIMLIN AVE
MONTEREY RD
POLARIS ST
AVENIDA JALISCO
LANTANA LN
ROLLING HILLS DR
HEARTLAND WY
TEAGARDEN DR
HIGHLAND AVE
ROSEMONT AVE
DESERT WILLOW DR
SANTA ROSA RD
SPRUCE ST
MOUNTAIN TOP CT
QUA LI R DI GE
ANTELOPE
SOUTH STARCROSS DR
SAN REMO RD
MESA AVE
VIEW RD
VIA CORTO EAST
SOUTH CRESCENT ST
HORIZON DR
AVENIDA SERENA
SKYPOINTE D R
SAN JUAN RD
CALLE ESCORIAL
CAMINO SILVOSO
SCENIC CREST C RI
SAN TOMAS ST
CAMINO IDILIO
TARBUTTON RD
ROADRUNNER
VIA DEL PUEBLO
OVERLOO K DR
SAN BRUNO RD
ROUNDUP DR
RAYO DEL SOL
CALLE AMAPOLA
MERCURY DR N
PINEHURST CIR
CLOW LN
VISTA DR
AGU A DULCE DR
SAN DIEGO DR
JAYNE ST
MEADOWS WY
SALTON VIEW RD
ROCHELLE RD
BINNIE ST
AVENIDA HERMOSA
SUSAN WY
SAN JACINTO ST
ROCKIES AVE
NORTH STARCROSS DR
AVENIDA PICO
SAN ANTONIO ST
WHITNEY CT
PAUL RD
UPLAND WY
ARBOR ST
DORAL DR
HACIENDA HEIGHTS DR
CASA LOMA RD
VALPARAISO DR
SKYRIS E DR
HATCHET CACTUS DR
NORTH STAR LN
SAN JOSE RD
BALD EAGLE LN
SIWANOY DR
BUCKBOARD LN
CALLE AGUA CALIENTE
JOSEPH WY
CANYON COUNTRY RD
C RI CLE B DR
LARIAT LN
PACIFICA BLV
APAWAMIS RD
PUESTA DEL SOL
PYRENESS AVE
MOUNTA NI HAWK LN
SALIDA DEL SOL PL
NICOLE CIR
N CILLE WY
BLUE SKY CIR
WHITEWATER CUTOFF
CLUB CIRCLE DR
ELDORADO PL
EL SOMBRERO LN
WILLOW CREEK
PROSPECT WY
LIDO CT
AGAVE WY
DESERT TER
MADRE LN
EAGLE MOUNTAIN AVE
ANNANDALE AVE
CORSAIR ST
ACACIA AVE
LEITH AVE
MOUNTAIN PAS
LA SALLE RD
NORTH CANDLE TREE LN
BROKEN ARROW LN
DON ENGLISH WY
AVENIDA GRACIA
ARENA BLANCA RD
CALLE BONITA
INGLEWOOD AVE
ORIS WY
SUMMERWALK DR
CLARENCE ST
EKWANOK DR
PROUDLAND DR ARDEN WY
MOJAVE RD
OCOTILLO TR
CA LLE LAS T IENDAS
CLIFF CIR S
CONGRESSIONAL RD
LOFTWOO D ST
CLIFF CIR N
CATS CLAW RD
DUNES PAS
SAN CARLOS RD
ORTEGA DR
TROON CT
TUNITAS RD
BOB RD
VIA CORTO
AFORTUNADO DR
ENCHANTED RD
SAN LORENZO DR
PEAK DR
SKYWAY DR
PEQUENA DR
LOVAS CT
EAS T PARKW ALK LN
WEST PARKWALK LN
AVENIDA SUENOS
COUNTRY V EI W RD
VISTA CIR
MONTERICO RD
SA N FIDEL WY
V A RDO N CT
TENTH ST
ASTORIA PL
MERCURY DR S
TWELFTH ST
SAN GORGONIO ST
OASIS DR
PASATIEMPO DR
LEONARDO DR
CAMINO CAP SI TRANO
ARGONNE RD
SANDERLING CT
SUNRISE DR
DESERT AIR CT
CARLOS ST
KEY WY
EGAN CT
PECOS RD
FARRIS DR
WEST SIDE DR
SMOKEWOOD CIR
CACTUS APPLE DR
BERNARDO WY
AVEN DI A DELORES
AVONDALE RD
SAN LUCAS RD
SUMM TI VIEW CT
PINTO WY
BOROS CT
MC GARGER RD
SMITH CT
BURKE CT
LEMA CT YOSEMITE LN
LEONARD CT
CAMINO DEL SOL
BARNES CT
TACO WY
VALLEY VIEW CT
DEL RAY CT
ELM AVE
JUNIPER DR
I-10
CABOT RD
VIA QUEDO
SAGEBRUSH TR
THOMAS AVE
PIERSON BLV
VERBENA DR
TWO BUNCH PALMS TR
DESERT VIEW AVE
KAREN AVE
CALLE AMAPOLA
WEST DR
18TH AVE
DESERT VIEW AVE AMBROS OI DR
VIA REAL
CAMINO CAMPESINO
MISSION CREEK RD
AVENIDA DORADO
TENTH ST
OCOTILLO RD
TWO BUNCH PALMS TR
5TH ST
AVENIDA CADENA
FOXDALE DR
16TH AVE
CAMINO AVENTURA
OCOTILLO RD
4TH ST
ANNADALE AVE
MAUI WY
GOLDEN EAGLE WY
WEST DR
10TH ST
I-10
ACOMA AVE
COVEY ST
MISSION LAKES BLV
AVENIDA MANZANA
FARRIS DR
DESERT TER
SKYBORNE DR
SUMAC DR
INDIAN AVE
SAN REMO RD
ATLANTIC AVE
I-10
WEST DR
CAMINO IDILIO
AVENIDA DORADO
CHOLLA DR
16TH AVE CAMINO AVENTURA
PALM DR
LITTLE MORONGO RD
N INDIAN CANYON DR
EL RIO LN
PA NI T BRUSH TR
DILLON RD
ATLANT CI AVE
18TH AVE
MESQU TI E AVE
ACOMA AVE
POMELO DR
DIABLO RD
FOXDALE DR
16TH AVE
FLORA AVE
LONG CANYON RD
VIA REAL
AVENIDA MERCED
CACTUS DR
ESTRELLA AVE
Zoning Map
City of Desert Hot Springs
Zoning Districts
R-RD: Residential Rural Desert R-L: Residential LowR-M: Residential MediumR-H: Residential HighC-N: Neighborhood CommercialC-G: General CommercialC-D: Downtown CommercialC-H: Highway CommercialC-BP: Business ParkVS-C: Visitor-Serving CommercialVS-M: Visitor-Serving MixedMU-N: Mixed-Use Neighborhood MU-C: Mixed-Use CorridorI-L: Light Industrial I-E: Industrial-Energy ProductionOS-C: Open Space - ConservationOS-R: Open Space - Recreational ParkOS-P: Open Space - PrivateSP: Specific PlanP: Public/Institutional Base Map Features
City BoundarySphere of Influence
0 0.5 1 1.5 2 0.25
Miles
°Source: City of Desert Hot Springs, 2020.Date: May 27, 2020.
Zoning Overlays
Arts and Culture OverlayIndustrial Cannabis OverlayEnergy Overlay Specific Plan Boundaries
Specific Plans
!!!!!!!!!!!!!!!! Specific Plan Amendment Districts
Item Number: 3.
SR-23-202
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: September 19, 2023
Department: Community Development
Prepared by: Colleen Stephens, Assistant Planner
Subject: An Ordinance Amending a Chapter of Title 17, Zoning Ordinance: "Chapter
17.08 (Residential Districts)" (CEQA Exemption 15061(b)(3)) 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 a chapter of Title 17, Zoning Ordinance "Chapter 17.08 (Residential Districts)." 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
DISCUSSION:
A summary of the changes to the Zoning Ordinance are listed below:
Item Number: 4.
SR-23-202
Chapter 17.08 Residential Districts
• Reorganized sections for usability, grouping like sections together. • Revised the purpose of each district to be aligned with the General Plan. • Added additional development standards for SB9 lot splits and substandard lots. • Provided minimum unit size for accessory dwelling units of 300 square feet. • Removed language that implied architectural design requirements, they are now suggestive and to assist the designer.
• Added a section providing guidelines for fences, walls, and hedges. • Adjusted language for ADUs and JADUs to be compliant with most recent State changes and updates.
• Defined and added clarity for accessory structures.
• Removed section 17.08.150 "Planned Residential Development" and intend to add it to Chapter 17.36 "Planned Development" at a future date.
• Adjusted language for Density Bonus and SROs to be compliant with State changes and updates.
• Defined home day care centers large and small as well as added the existing definition for a commercial day care in both sections 17.08.230 and 17.08.240 to provide clarity and flexibility.
Additional changes made at the August 29th, 2023 Planning Commission Meting are as follows:
• Added language for "all applicable state law" to Section 17.08.020 • Changed language for "greenbelts" to "openspace/landscape areas" in Section 17.08.060 B(3) and added "Developers are encouraged to provide 15 ft building separation(s)" • Included "non reflective" to "corrugated metal" and referenced 17.40.110 in Section 17.08.060 C (2d)
• Removed last sentence in section 17.08.070 C(1) and 17.08.070 D • Replaced parking "courts" with parking "lots" in section 17.08.160 C FISCAL IMPACT:
None.
Item Number: 4.
SR-23-202
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) Chapter 17.08 Residential Districts- CURRENT
2) Chapter 17.08 Residential Districts Clean Version
3) Chapter 17.08 Residential Districts Clean Version with 8-29-23 PC Changes 4) Ordinance combined
5) Public Comment - Gerald McKenna
Item Number: 4.
5/31/23, 2:16 PM Chapter 17.08 RESIDENTIAL DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_08?view=all 1/49 Desert Hot Springs, California Municipal Code
Title 17 ZONING
Chapter 17.08 RESIDENTIAL DISTRICTS
17.08.010 Purpose.
17.08.020 Permitted uses.
17.08.030 Development Standards.
17.08.050 Accessory structures.
17.08.060 Day care center design standards.
17.08.070 Day care homes in residence.
17.08.080 Density bonus.
17.08.090 Golf courses and related facilities standards.
17.08.100 Guest house design standards.
17.08.120 Manufactured homes.
17.08.130 Mobile home park or subdivision design standards.
17.08.140 Multifamily housing standards.
17.08.150 Planned residential development.
17.08.160 Recreational vehicle storage facilities.
17.08.170 Accessory dwelling unit.
17.08.175 Junior accessory dwelling unit.
17.08.180 Senior-citizen/congregate care housing design standards.
17.08.190 Single-family housing, existing.
17.08.200 Single room occupancy (SRO) facilities.
Item Number: 4.
5/31/23, 2:16 PM Chapter 17.08 RESIDENTIAL DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_08?view=all 2/49
17.08.210 Small lot subdivision standards.
17.08.230 Applicable regulations.
17.08.240 Development guidelines—Residential design.
17.08.250 Single-family site planning.
17.08.260 Single-family architecture.
17.08.270 Multifamily site planning.
17.08.280 Multifamily architecture.
17.08.290 Multifamily in-fill in single-family neighborhood.
17.08.300 Private tennis court design guidelines.
17.08.310 Parolee/probationer homes.
17.08.010 Purpose.
A. The purpose of this chapter is to create and preserve residential areas for a range of housing types and lifestyles, including an emphasis on preserving the spa/resort residential character within the areas of the City that overlie natural hot water aquifers.
These provisions establish use regulations and development standards which are intended to create the highest quality residential development, minimize land use conflicts, encourage the rehabilitation and maintenance of residential neighborhoods, and implement the goals of the City’s General Plan.
The provisions of this chapter do not guarantee that the maximum General Plan density is achievable for all projects and properties. Development density is dependent on many factors including lot configuration, topography, unit size, development standards, neighborhood context, and other discretionary factors.
B. The specific purpose of each individual residential district is as follows:
1. R-RD (Residential Rural Desert). The district is intended to allow for low-density, rural residential uses at a maximum density of 1 dwelling unit per 5 acres in a manner that will eliminate or minimize impacts on the natural landscape and will encourage conservation.
2. R-L (Residential Low). The district is intended to promote the development of low-density, single-family residential uses at a maximum density of 6 dwelling units per acre. Clustered development can occur and is encouraged where needed to respect on-site natural resource areas.
Item Number: 4.
5/31/23, 2:16 PM Chapter 17.08 RESIDENTIAL DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_08?view=all 3/49
3. R-M (Residential Medium). The district is intended to promote the development of detached and attached residential uses at a maximum density of 20 dwelling units per acre. Small-lot subdivisions are permitted.
4. R-H (Residential High). The district is intended to provide multiple unit residential developments at a minimum density of 15.1 dwelling units per acre up to a maximum of 30 dwelling units per acre, with a variety of on-site amenities. (Ord. 712 6-2-20)
17.08.020 Permitted uses.
A. Table 17.08.01 lists the uses permitted in each of the residential zoning districts using the following key:
“P” Use is permitted by right.
“A” Use is accessory to an established primary use.
“AUP” Use requires an Administrative Conditional Use Permit. “CUP” Use requires a Conditional Use Permit.
“TUP” Use requires a Temporary Use Permit.
“—” Use is prohibited.
B. Land uses listed in Table 17.08.01 use definitions from the North American Industry Classification System (NAICS) unless otherwise defined specifically by this title. The individual land uses permitted in each of the residential districts are grouped in Table 17.08.01 using broad land use categories.
C. Uses not specifically listed in Table 17.08.01 may be allowed subject to the provisions of Section
17.04.070 (C) of this title.
D. Table 17.08.01 also lists applicable code references of this title if a use requires conformance with special provisions.
E. Uses listed in Table 17.08.01 are subject to the applicable design standards of this title for residential districts.
TABLE 17.08.01
PERMITTED USES – RESIDENTIAL DISTRICTS
USE RESIDENTIAL DISTRICTS
CODE SECTION
R-RD R-L R-M R-H
AGRICULTURAL AND RELATED
USES
Agriculture/Horticulture AUP CUP CUP —
Item Number: 4.
5/31/23, 2:16 PM Chapter 17.08 RESIDENTIAL DISTRICTS
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USE RESIDENTIAL DISTRICTS
CODE SECTION
R-RD R-L R-M R-H
Equestrian Stables, Private P CUP1 — 1 Minimum 1 acre
Equestrian Stables, Commercial CUP — — —
Kennel CUP — — —
Garden, Private A A A A
Nurseries and Garden Centers CUP — — —
PUBLIC AND ASSEMBLY USES
Public Assembly Facilities CUP CUP CUP CUP
Religious Assembly Facilities CUP CUP CUP CUP
Schools, Private CUP CUP CUP CUP
RESIDENTIAL USES
Accessory Dwelling Unit P P P P 17.08.170
Junior Accessory Dwelling Unit P P P P
Accessory Structures and Uses A A A A
Boarding House — — — CUP
Dwelling, Multifamily — — P P 17.08.140
Dwelling, Single-Family P P P P
Home Occupations P P P P 17.108
Manufactured Homes P P P P 17.08.120
Mobile Home Parks — — CUP CUP 17.08.130
Parolee/Probationer Homes CUP CUP CUP CUP 17.08.310
Planned Residential Development — CUP CUP CUP 17.08.150 SB 9 Single-Family Dwelling Unit P P — — 17.08.170
Single Room Occupancy (SRO) — — — P 17.08.200
Supportive Housing P P P P Government Code
Section 50675.14
and 65651.
Supportive Housing
are subject to the
requirements of
Table 17.08.02.
Item Number: 4.
5/31/23, 2:16 PM Chapter 17.08 RESIDENTIAL DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_08?view=all 5/49
USE RESIDENTIAL DISTRICTS
CODE SECTION
R-RD R-L R-M R-H
Transitional Housing P P P P Government Code
Section 50801(i).
Transitional
Housing are subject
to the requirements
of Table 17.08.02.
RECREATION AND
ENTERTAINMENT
Clubhouses AUP AUP AUP AUP
Golf Course and Related Facilities CUP CUP CUP CUP 17.08.090 Public Park P P P P
Recreational Use, Commercial — — — CUP
Recreational, Private A A A A
Swimming Pool/Spa, Private A A A A
Tennis Court, Private A A A A 17.08.300
Trails P P P P
Trailhead CUP CUP CUP CUP
RETAIL AND COMMERCIAL USES
Bed and Breakfast Inn CUP CUP CUP —
Condominium Hotel, Converted — — CUP CUP
Hotel or Motel (without spa) — — — —
Spa Resort — — — —
Property Management — — A A
SERVICE USES
Day Care Center — — AUP AUP 17.08.060
Day Care Homes, Small/Large P P P P 17.08.070
Emergency Shelter — — CUP P
OTHER USES
Antenna, Vertical/Satellite Dish A A A A 17.40.060
Parking Lot, Commercial — CUP CUP CUP
Parking Lot, Office — CUP CUP CUP
Recreational Vehicle Storage A A A A 17.08.160
Temporary Structures or Uses TUP TUP TUP TUP 17.136
Item Number: 4.
5/31/23, 2:16 PM Chapter 17.08 RESIDENTIAL DISTRICTS
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USE RESIDENTIAL DISTRICTS
CODE SECTION
R-RD R-L R-M R-H
Utility Facilities P P P P
Vehicle Charging Stations A A A A
Emergency Shelters shall have sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.
(Ord. 749 2-2-22; Ord. 742 10-19-21; Ord. 721 9-15-20; Ord. 712 6-2-20)
17.08.030 Development Standards.
A. Table 17.08.02 establishes the development standards applicable to residential districts.
B. Design standards as outlined Sections 17.08.240 through 17.08.300 shall apply within residential districts and are in addition to the standards of Table 17.08.02.
TABLE 17.08.02
DEVELOPMENT STANDARDS – RESIDENTIAL DISTRICTS
DEVELOPMENT STANDARD
RESIDENTIAL DISTRICTS ADDITIONAL
REQUIREMENTS R-RD R-L R-M R-H
DENSITY/FAR
Maximum Density – Residential 1 du/5 ac 6 du/1 ac 20 du/1 ac 30 du/1 ac Minimum Density – Residential — — — 20.0 du/ac
Floor Area Ratio (FAR) – NonResidential— — — —
LOT DIMENSIONS, SIZE, AND
COVERAGE
Minimum Lot Size (net)
Single-Family
Multifamily
SB 9, Single-Family Dwelling Unit
1 ac
—
1,200 sf
9,000 sf
—
1,200 sf
7,200 sf
10,000 sf
—
7,200 sf
20,000 sf
—
Minimum Lot Width
Standard
Cul-de-Sac (at setback line)
Flag Lot (for access)
SB 9, Single-Family Dwelling Unit
600 ft
—
30 ft
5 ft
50 ft
30 ft
25 ft
5 ft
45 ft
25 ft
25 ft
—
45 ft
25 ft
25 ft
—
Minimum Lot Depth
Item Number: 4.
5/31/23, 2:16 PM Chapter 17.08 RESIDENTIAL DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_08?view=all 7/49
DEVELOPMENT STANDARD
RESIDENTIAL DISTRICTS ADDITIONAL
REQUIREMENTS R-RD R-L R-M R-H
Standard
SB 9, Single-Family Dwelling Unit
1,200 ft
600 ft
75 ft
35 ft
90 ft
—
90 ft
—
Maximum Lot Coverage
Standard
SB 9, Single-Family Dwelling Unit
15%
40%
40%
40%
40%
—
50%
—
SETBACKS AND BUILDING
SEPARATIONS
Minimum Front Yard Setback
From Public Right-of-Way
Flag Lot (at end of access)
100 ft
10 ft
15 ft
10 ft
15 ft
15 ft
5 ft
15 ft
Garage front yard setback
shall be a minimum of 20
ft.
Minimum Side Yard Setback
Interior
Corner or Exterior
Substandard Lots
SB 9 Single-Family Dwelling Unit*
100 ft
100 ft
—
4 ft
5 ft
10 ft
5 ft
4 ft
10 ft
10 ft
5 ft1
—
0 ft
15 ft
5 ft1
—
1 For single-family
dwelling only.
Minimum Rear Yard Setback Garage facing an alley
rear yard shall be a
minimum of 20 ft.
Standard Lot
Flag Lot
Adjacent to Alley
100 ft
100 ft
—
25 ft
25 ft
15 ft
20 ft
—
15 ft
15 ft
—
10 ft
Minimum Building Separation 10 ft 10 ft 8 ft 10 ft
DWELLING UNIT SIZE AND LAND
AREA
Minimum Unit Size (Attached)
Studio
One Bedroom
Two Bedrooms
Three or more Bedrooms
550 sf
700 sf
900 sf
1,000 sf
550 sf
Minimum Unit Size (Detached Single
Family)
1,000 sf 1,000 sf 1,000 sf 1,000 sf
Maximum Unit Size (Attached) — — — 2,000 sf
Building Height
Maximum Height
Item Number: 4.
5/31/23, 2:16 PM Chapter 17.08 RESIDENTIAL DISTRICTS
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DEVELOPMENT STANDARD
RESIDENTIAL DISTRICTS ADDITIONAL
REQUIREMENTS R-RD R-L R-M R-H
Detached Residential
Accessory Structures
Attached Residential
Nonresidential
30 ft
30 ft
—
—
30 ft
30 ft
—
—
30 ft
30 ft
55 ft
55 ft
30 ft
30 ft
55 ft
55 ft
Open Space
Minimum Private Open Space per
Dwelling Unit
— — 200 sf 100 sf
Minimum Common Open Space
(percent of net lot area)
— — 25% 20%
Other Development Standards
Planned Residential Development — Section 17.08.150 —
Signs and Outdoor Displays Chapters 17.44 and 17.45
Off-Street Parking and Loading Chapters 17.48 and 17.52 Landscaping Chapter 17.56
Property Development Standards Chapter 17.40
* For setbacks pertaining to the SB 9 single-family units, no setback is required if: (1) the unit is built within the footprint of an existing structure; and (2) such setback does not prevent the unit from being 800 square feet.
(Ord. 749 2-2-22; Ord. 714 7-7-20; Ord. 712 6-2-20)
17.08.050 Accessory structures.
The construction of accessory structures in residential land use districts are subject to development review and shall be compatible with the materials and architecture of the main dwelling of the property.
Accessory structures may only be constructed on a lot containing a main dwelling unit. Accessory structures may be built toward the side and rear property lines provided that such structures conform to the setback requirements of each district. Building Code requirements may further restrict the distance to be maintained from property lines or other structures. (Ord. 712 6-2-20; prior code § 159.04.030(2)(A))
17.08.060 Day care center design standards.
Day care centers are subject to Conditional Use Permit review, pursuant to Section 17.08.020 (Table
17.08.01) and Chapter 17.76. The centers shall be constructed in the following manner:
A. The facility shall conform to all property development standards of the land use district in which it is located.
B. Facilities shall not be located within 500 feet of another day care center.
Item Number: 4.
5/31/23, 2:16 PM Chapter 17.08 RESIDENTIAL DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_08?view=all 9/49 C. An outdoor play area of no less than 75 square feet per child, but in no case less than 450 square feet in area shall be provided. The outdoor play area shall be located in the rear (non-street) area.
Stationary play equipment shall not be located in required side and front yards.
D. A 6-foot-high solid decorative fence or wall shall be constructed on all property lines, except in the front yard. In the front yard, the open fence shall not exceed 48 inches in height, and a solid wall shall not exceed 42 inches in height. Materials, textures, colors, and design of the fence or wall shall be compatible with on-site development and adjacent properties. All fences or walls shall provide for safety with controlled points of entry.
E. On-site landscaping shall be consistent with the use and that prevailing in the neighborhood and shall be installed and maintained, pursuant to Chapter 17.56 (Landscaping Standards). Landscaping shall be provided to reduce noise impacts on surrounding properties.
F. All on-site parking shall be provided pursuant to the provisions of Chapter 17.48 (Off-Street Parking Standards). On-site vehicle turnaround or separate entrance and exit points, and adequate passenger loading spaces shall be provided.
G. All on-site lighting shall be stationary, directed away from adjacent properties and public rights-ofway, and of an intensity appropriate to the use it is serving.
H. All on-site signage shall comply with the provisions of Chapter 17.44 (Sign Regulations).
I. The center shall contain a fire extinguisher and smoke detector devices and meet all standards established by the City Fire Marshal.
J. A center within a residential land use district may operate up to 14 hours per day.
K. Outdoor activities may only be conducted between the hours of 8:30 a.m. to 8:00 p.m. (Ord. 679 2- 19-19; prior code § 159.04.030(2)(B))
17.08.070 Day care homes in residence.
Large family day care homes shall be subject to the following standards:
A. The facility shall conform to all property development standards of the land use district in which it is located.
B. The facility shall be located at least 500 feet from another large family day care home.
C. The facility shall meet all the requirements of the Fire Marshal.
D. The facility shall comply with the requirements of Section 17.40.180 (Noise).
E. In addition to the garage parking required for the single-family residential unit, 2 additional parking spaces shall be provided, 1 of which shall be on-site.
F. The facility shall be subject to the signage requirements of Chapter 17.44 (Signs).
Item Number: 4.
5/31/23, 2:16 PM Chapter 17.08 RESIDENTIAL DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_08?view=all 10/49 G. The operator shall provide the City with written evidence that he or she has applied for a large family day care license. (Prior code § 159.04.030(2)(C))
17.08.080 Density bonus.
This section is intended to provide incentives for production of affordable housing, senior housing and development of child care facilities. In enacting this section, it is the intent of the City to implement the goals, objectives, and policies of the General Plan and any applicable specific plans, to address housing needs in the community and ensure consistency between local regulations and California Government Code Section 65915 et seq. (State Density Bonus Law). This section shall apply to all zoning districts where residential development projects of 5 or more residential units, including mixed-use developments, are proposed and where the applicant seeks and agrees to provide low, very low, senior or moderate income housing units or donate land to the City in the threshold amounts specified in State Density Bonus Law such that the resulting density is beyond that which is permitted by the applicable zoning. This provision shall apply only to the residential component of a mixed use project and shall not operate to increase the allowable density of the nonresidential component of any proposed project.
A. Application Requirements.
1. Any applicant requesting a density bonus, incentive(s) and/or waiver(s) pursuant to State Density Bonus Law shall provide the City with a written proposal. The proposal shall be submitted prior to or concurrently with filing the planning application for the housing development and shall be processed in conjunction with the underlying application, and be subject to the following provisions:
Item Number: 4.
5/31/23, 2:16 PM Chapter 17.08 RESIDENTIAL DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_08?view=all 11/49 a. Density Bonus. Prior to the issuance of building permits for any dwelling unit in a development for which “density bonus units” have been awarded or incentives have been received, the developer shall submit documentation which identifies the size, type and location of each restricted affordable unit and shall enter into a written agreement with the City to guarantee that rental units shall be continually used and available to low- and moderateincome households for 55 years and initial occupants for-sale units that qualified the applicant for the awards of the density bonus are persons and families of very low, low, or moderate incomes, as required, and that the units are offered at an affordable housing cost. With respect to the for-sale units, the City shall enforce an equity sharing agreement as described in Government Code Section 65915, unless it is in conflict with the requirements of another public funding source of law. The agreement restricting rental units shall extend more than 55 years if required by the Construction or Mortgage Financing Assistance Program, Mortgage Insurance Program, or Rental Subsidy Program. The terms and conditions of the agreement shall run with the land which is to be developed, shall be binding upon the successor in interest of the developer, and shall be recorded in the office of the Riverside County Recorder. The agreement may be executed by the City Manager without review of the housing commission, planning commission or City Council if the underlying application does not require review and/or approval by those bodies, to the satisfaction of the City Attorney. Rent for the lower income density bonus units shall be set at an affordable rent as defined in Section 50053 of the Health and Safety Code. The specific requested density bonus proposal shall evidence that the project meets the threshold for State Density Bonus Law. The proposal shall also include calculations showing the maximum base density, the number/percentage of affordable units and identification of the income level at which such units will be restricted, additional market rate units resulting from the density bonus allowable under State Density Bonus Law and the resulting unit per acre density.
b. Requested Incentive(s). The request for particular incentive(s) shall include documentation evidencing that the requested incentive(s) results in identifiable, financially sufficient and actual cost reductions. The documentation shall be sufficiently detailed to allow the City to verify its conclusions. If the City requires the services of specialized financial consultants to review and corroborate the analysis, the applicant will be liable for all costs incurred in reviewing the documentation.
c. Requested Waiver(s). The written proposal shall include an explanation of the waiver(s) of development standards requested and why they are necessary to make the construction of the project physically possible. Any requested waivers shall not exceed the limitations provided in Section 17.08.080.F. and to the extent such limitations are exceeded will be considered as a request for an incentive.
d. Fee. Payment of the fee in an amount set by resolution of the City Council to reimburse the City for staff time spent reviewing and processing the State Density Bonus Law application submitted pursuant to this chapter.
2. An applicant shall be ineligible for a density bonus or any other incentives or waivers under this chapter if the housing development displaces qualifying rental dwelling units, unless the development replaces those units in accordance with State law.
Item Number: 4.
5/31/23, 2:16 PM Chapter 17.08 RESIDENTIAL DISTRICTS
https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_08?view=all 12/49 B. Amenities Bonus Provision.
1. This provision allows an increase in the maximum permitted density of 15% in only the R-M and R-H land use zoning districts. Increases of up to 15% may be granted based upon the finding(s) that any proper combination of the following amenities are provided in excess of those required by the applicable land use district:
a. Architectural features that promote upscale multifamily development; b. Additional on-site or off-site mature landscaping and similar improvements which will benefit the project;
c. Additional useable open space;
d. Attached garages;
e. Additional recreational facilities (i.e., clubhouse, play area, pool/jacuzzi, tennis court, etc.); and
2. This amenity bonus provision shall not be used as an addition to the affordable housing density bonus provision.
3. Applications shall be processed in the same manner as set forth above.
C. Density Bonus.
1. “Density bonus” shall have the same meaning as set forth in Government Code Sections 65915 et seq. The amount of the allowable density bonus shall be calculated as provided in State Density Bonus Law.
D. Incentives.
1. The number of incentives granted shall be based upon the number the applicant is entitled to pursuant to State Density Bonus Law.
2. An incentive includes a reduction in site development standards or a modification of zoning code requirements or architectural requirements that result in identifiable, financially sufficient and actual cost reductions. An incentive may be the approval of mixed use zoning in conjunction with a housing project if the mixed use will reduce the cost of the housing development and is compatible with the housing project. An incentive may, but need not be, the provision of a direct financial incentive, such as the waiver of fees.
3. Denial of an incentive is a separate and distinct act from a decision to deny or approve the entirety of the project.
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https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_08?view=all 13/49 E. Discretionary Approval Authority Retained. The granting of a density bonus or incentive(s) shall not be interpreted in and of itself to require a general plan amendment, zoning change or other discretionary approval. If an incentive would otherwise trigger one of the approvals, when it is granted as an incentive, no general plan amendment, zoning change or other discretionary approval is required. However, if the base project without the incentive requires a general plan amendment, zoning change or other discretionary approval, the City retains discretion to make or not make the required findings for approval of the base project.
F. Waivers. A development qualifying for a density bonus may be eligible for a waiver, subject to the provision of this section. A waiver is a modification to a development standard such that construction at the increased density would be physically possible. Modifications to floor area ratio in an amount equivalent to the percentage density bonus utilized shall be allowable as a waiver. Requests for an increase in floor area ratio above that equivalent percentage shall be considered a request for an incentive. Other development standards include, but are not limited to, a height limitation, a setback requirement, an on-site open space requirement, or a parking ratio that applies to a residential development. An applicant may request a waiver of any development standard to make the project physically possible to construct at the increased density. To be entitled to the requested waiver, the applicant must show that without the waiver, the project would be physically impossible to construct.
There is no limit on the number of waivers.
G. Design and Quality.
1. Density bonus units shall be generally dispersed throughout a development project and shall not differ in appearance from other units in the development. Affordable units shall be constructed concurrently with market rate units and shall be integrated into the project. Affordable units shall be of equal design and quality as the market rate units. Exteriors, including architecture and elevations, and floor plans of the affordable units shall be similar to the market rate units. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the building official. The number of bedrooms in the affordable units shall be consistent with the mix of market rate units.
2. Parking standards shall be modified as allowable under State Density Bonus Law and anything beyond those standards shall be considered a request for an incentive. (Ord. 712 6-2-20; Ord. 679 2-19-19; prior code § 159.04.030(2)(D))
17.08.090 Golf courses and related facilities standards.
Golf course developments are subject to Conditional Use Permit review and shall be constructed in the following manner:
A. State-of-the-art water conservation techniques shall be incorporated into the design and irrigation of the golf course.
B. Treated effluent shall be used for irrigation where available.
C. Perimeter walls or fences shall provide a viewshed window design along all public rights-of-way, incorporating a mix of pilasters and wrought iron fencing or equivalent treatment.
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https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_08?view=all 14/49 D. All accessory facilities, including but not limited to, club houses, maintenance buildings, and halfway club houses shall be designed and located to ensure compatibility and harmony with the golf course setting, surrounding land uses and public viewsheds. (Prior code § 159.04.030(2)(E))
17.08.100 Guest house design standards.
Guest houses, which are distinguished from accessory dwelling because guest houses do not have kitchen facilities and accessory dwelling units require complete independent living facilities, are subject to Conditional Use Permit review and shall be constructed in the following manner:
A. All guest houses shall conform to all development standards of the underlying land use district.
B. There shall be no more than 1 guest house on any lot.
C. The floor area of the guest house shall not exceed 500 square feet.
D. The guest house shall not exceed the height of the main dwelling.
E. There shall be no kitchen or cooking facilities or wet bar facilities within a guest house.
F. The guest house shall conform to all of the setback regulations outlined in the applicable land use district.
G. A guest house shall be used only by the occupants of the main dwelling, their non-paying guests, or domestic employees. The guest house shall not be rented. (Ord. 679 2-19-19; prior code § 159.04.030(2)(F))
17.08.120 Manufactured homes.
A. Conditions. A manufactured home may be installed on a foundation on any lot in the City that is zoned to permit the construction of a conventional single-family dwelling, if it meets the following conditions:
1. The manufactured home shall be certified under the national Mobilehome Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) and shall bear a California insignia or Federal label as required by Section 18550(b) of the Health and Safety Code.
2. The foundation system shall meet the requirements of Section 18551 of the Health and Safety Code as amended or applicable.
3. The manufactured home shall have a roof overhang of not less than 16 inches with a minimum 12-inch gable overhang, unless it is determined that it is not compatible to the neighborhood in which the manufactured home is being located.
4. The manufactured home shall have non-reflecting roofing material and siding material that is compatible with the neighborhood in which the manufactured home is to be located.
5. The manufactured home shall comply with architectural standards as required for all singlefamily architecture as required in Section 17.08.260.
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6. Ancillary structures, including the required garage, shall be designed in a manner that is architecturally compatible with the main structure in terms of design and the use of walls/roofs/trellises, fence/wall connections, and/or landscaping.
7. The manufactured home shall be used only as a single family residential use and shall comply with all residential development standards of the zone in which it is located.
8. No manufactured home shall be newly installed on a lot in a permitted residential district if more than 10 completed years have elapsed between the date of manufacture of the manufactured home and the date of the application for the issuance of a permit to install the manufactured home in the affected zone. Notwithstanding, a manufactured home more than 10 years old which is already installed shall not be affected by subsection (A)(7). (Ord. 715 9-1-20; Ord. 679 2-19-19; prior code § 159.04.030(2)(H))
17.08.130 Mobile home park or subdivision design standards.
The intent and purpose of this section is to establish standards for the development of mobile home parks in a manner that will be compatible with the general plan and surrounding uses.
A. Applicability. Mobile home parks shall be subject to a Conditional Use Permit as noted in Section
17.08.020. Mobile home parks shall be subject to the requirements of the underlying district in which it is located and the development standards identified in this section.
B. Development Standards.
1. A mobile home park must conform to the standards and maintain a valid permit in accordance with State laws and regulations, including provisions of the Mobile Home Parks Act, California Health and Safety Code, Division 13, Part 2.1 and the applicable regulations adopted pursuant thereto by the State Department of Housing and Community Development.
2. Recreational vehicles, campers and trailers shall not be used as dwelling units within a mobile home park.
3. A mobile home park shall encompass an area of at least 5 acres.
4. The density (dwelling units/acre) of a mobile home park shall be subject to the density standards designated in the general plan.
5. A mobile home park shall provide recreational facilities for the benefit of the residents of the mobile home park. (Ord. 679 2-19-19; prior code § 159.04.030(2)(I))
17.08.140 Multifamily housing standards.
In addition to the general development standards set forth in Section 17.08.030 (Land use district development—General standards), all multifamily housing shall be constructed as set forth in this section. Also, the provisions of Sections 17.08.270 through 17.08.290 shall apply.
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https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_08?view=all 16/49 A. All multifamily developments shall provide minimum common useable open space for passive and active recreational uses. Useable open space areas shall not include rights-of-way, vehicle parking areas, areas adjacent to or between any structures less than 15 feet apart, setbacks, patio or private yards, drainage basins, or slope areas greater than eight percent.
B. All multifamily developments shall provide recreational amenities within the site, which may include a swimming pool; spa; clubhouse; tot lot with play equipment; picnic shelter/barbecue area; court game facilities, such as tennis, basketball, or racquetball; improved softball or baseball fields; day care facilities; or indoor recreation/entertainment, such as a gym or theater. The type of amenities shall be approved by the Director and provided according to the schedule set forth below. The Planning Commission shall have the authority reduce the required common usable open space when, as determined by the Planning Commission, the applicant is providing a high-quality amenity of value greater than a single amenity.
Units Amenities
0—10 0
11—50 1
51—100 2
101—200 3
201—300 4
Add 1 amenity for each 100 additional units or fraction thereof C. Each dwelling unit shall have a private (walled) patio or balcony not less than as required by the development standards. These requirements may be reduced by the responsible review authority by 20% if the balance of the required space is included in usable common open space areas.
D. Off-street parking spaces for multifamily residential developments shall be located within 150 feet from the building in which the dwelling unit is located (front or rear door) for which the parking space is provided.
E. Driveway approaches within multiple-family developments of 10 or more units shall be delineated with interlocking pavers, rough-textured concrete, or stamped concrete and landscaped medians.
F. Common laundry facilities of sufficient number and accessibility consistent with the number of living units and the Uniform Building Code shall be provided.
G. Each dwelling unit shall be plumbed and wired for a washing machine and dryer within multifamily developments of 10 units or less.
H. Management and security plans shall be submitted for review and approval for multifamily developments with 10 or more dwelling units. These plans shall be comprehensive in scope and submitted prior to Occupancy. (Ord. 712 6-20)
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17.08.150 Planned residential development.
A. Planned Residential Developments (PRDs), including clustered subdivisions and small lot divisions, are permitted in residential districts subject to Development Permit review, and conditionally permitted in all residential districts subject to approval of a Conditional Use Permit. Attached and detached singlefamily dwelling units are permitted.
B. The purpose of allowing these types of developments is to promote open space and other residential amenities beyond those expected in conventional residential developments, to achieve greater flexibility in design, to encourage well planned neighborhoods through overall creative and imaginative planning as a unit, to provide for appropriate use of land which is sufficiently unique in its physical characteristics or other circumstances to warrant special methods of development, to reduce development problems in hillside areas and to preserve areas of natural scenic beauty through the encouragement of integrated planning and design.
C. Density. The underlying residential land use district shall determine the maximum number of dwelling units allowed in a PRD or small lot subdivision. Where a parcel or parcels have more than 1 land use district, the maximum number of dwelling units shall be determined by adding together the allowable density for each land use district area.
Density transfer throughout the PRD project area is permitted for the promotion of clustering units in those areas suited to development, and thus preserving the open space and natural features of the site.
D. Minimum Lot Size. The minimum lot size for a detached single-family unit in a small lot subdivision shall be 5,000 square feet. PRDs may typically be expected to create lot sizes to accommodate the creation of attached single-family dwelling units or clustered subdivisions.
E. Site Coverage. Lot coverage shall be limited to that set forth in Table 17.08.02, and in no instance shall structures cover more than 50% of the gross site area.
F. Structure Height/Number of Attached Dwelling Units. Building height shall be limited to that set forth in Table 17.08.02. Detached single-family structures shall not exceed 2 stories or 30 feet. Attached single-family structures shall not exceed 2 stories or 30 feet. The maximum number of single-family units attached in any manner to form a single structure shall be 6.
G. Setbacks. Setbacks shall be limited to that set forth in Table 17.08.02. The minimum front, rear, and side structural setback from the project perimeter boundary shall be 15 feet. The minimum dwelling unit side structural setback from other dwelling unit structures is 15 feet plus 1 foot for each 15 feet of structure length.
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https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_08?view=all 18/49 H. Open Space. All planned residential developments with 12 or more dwelling units shall provide 30% usable open space for passive and active recreational uses. Usable open space areas shall not include:
right-of-ways; vehicle parking areas; areas adjacent to or between any structures less than 15 feet apart; setbacks; patios and private yards; or slope areas greater than 8%. Slopes greater than 8% may be approved in the Hillside Management Overlay District by the Director as usable open space.
I. Amenities. As an essential aspect of planned residential developments, they shall provide recreational amenities within the site, which may include: a swimming pool/spa; clubhouse; tot lot and adult recreation areas with playground, volleyball and other equipment; picnic shelter/barbecue area; court game facilities, such as tennis, basketball, or racquetball; improved softball or baseball fields; or day care facilities. The type of amenities shall be approved by the Director and provided according to the following schedule:
Units Amenities
0—11 0
12—50 1
51—100 2
101—200 3
201—300 4
Add 1 amenity for each 100 additional units or fraction thereof J. Private Streets. Private streets shall be permitted when there is a homeowner’s association established to maintain them. The streets shall be built to City standards and specifications for public works construction.
K. Maintenance and Completion of Open Space, Amenities, Landscaping, and Manufactured Slopes.
1. No lot or dwelling unit in the development shall be sold unless a corporation, homeowner’s association, assessment district or other approved appropriate entity has been legally formed with the right to assess all those properties which are jointly owned or benefited to operate and maintain all of the mutually available features of the development, including, but not limited to, open space, amenities, landscaping or slope maintenance landscaping (which may be on private lots adjacent to street rights-of-way).
2. Conditions, Covenants, and Restrictions (CC&Rs) may be developed and recorded for the development subject to the review and approval of the City Attorney. The recorded CC&Rs shall permit the enforcement by the City, if required. No lot or dwelling unit shall be sold unless all approved and required open space, amenities, landscaping, or other improvements, or approved phase thereof, have been completed or completion is assured by financing guarantee method approved by the City Engineer.
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https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_08?view=all 19/49 L. Fire Department Standard. All parts of all structures shall be within 150 feet of paved or otherwise approved access for single-story and 50 feet for multistory.
M. Residential Specific Standards. In addition to the PRD development requirements, the following specific standards contained within this chapter shall apply:
1. Day care facilities;
2. Golf courses and related facilities;
3. Guest house;
4. Lighting;
5. Minimum room size;
6. Minimum dwelling size;
7. Mobile home and manufactured housing;
8. Mobile home park or subdivision;
9. Recreational vehicle storage. (Prior code § 159.04.030(2)(K))
17.08.160 Recreational vehicle storage facilities.
Developments within the multifamily land use districts that desire to incorporate or propose recreational vehicle storage facilities will be reviewed on a case-by-case basis as part of the Development Permit/Design Review and will be constructed in the following manner:
A. Individual storage spaces shall measure not less than 12 feet by 30 feet, and shall have direct access to a driveway with a minimum paved width of 25 feet.
B. Storage areas shall be paved and drained.
C. Storage areas shall be completely screened from exterior view by a combination of landscaping, masonry walls, fences or other comparable screening devices 8 feet in height, subject to the approval of the City Manager or designee. (Prior code § 159.04.030(2)(L))
17.08.170 Accessory dwelling unit.
A. This section provides for accessory dwelling units on lots developed or proposed to be developed with single-family dwellings, provided they comply with the requirements of this section. Accessory dwelling units are a residential use which is consistent with the General Plan objectives and zoning regulations and which enhances housing opportunities, including near transit on single-family lots.
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https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_08?view=all 20/49 B. This section applies to all lots that are occupied or proposed to be occupied with a single-family dwelling unit and zoned residential. Accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit it located, and are a residential use that is consistent with the existing General Plan and zoning designation for the lot.
C. An accessory dwelling unit within an existing space including the primary structure, attached or detached garage or other accessory structure shall be permitted ministerially with a building permit regardless of all other standards within the chapter if it complies with:
1. Building and safety codes;
2. Independent exterior access from the existing residence; and
3. Fire codes.
D. Accessory dwelling units shall meet the following general development standards:
1. Except as otherwise allowed under Government Code Section 65852.26, the unit may be rented separately from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence.
2. The lot is zoned for single-family residential use and contains an existing or proposed singlefamily dwelling.
3. The accessory dwelling unit is either attached or located within the living area of the proposed or existing dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling, and located on the same lot as the proposed or existing dwelling.
4. If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50% of the existing primary dwelling or 1,200 square feet, whichever is less.
Notwithstanding this, the attached accessory dwelling unit can be up to 850 square feet regardless of the size of the primary residence.
5. The total floor area for a detached accessory dwelling unit shall not exceed 50% of the primary dwelling or 1,200 square feet, whichever is less. Notwithstanding this, the detached accessory dwelling unit can be up to 850 square feet regardless of the size of the primary residence.
6. Local building code requirements that apply to detached dwellings, as appropriate.
7. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
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8. No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than 4 feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
9. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence and may employ alternative methods for fire protection.
10. Attached accessory dwelling units shall be located in such a fashion so that it is concealed from public view (specifically the entrance) and shall have matching colors and materials as the main unit.
11. Allow for paved parking on site, as allowed by State law.
E. Accessory dwelling units shall be permitted ministerially if all applicable requirements and development standards of this chapter are met and no variances are required. The City shall act on the building permit application to create an accessory dwelling unit within 60 days from the date the City receives a completed application if there is an existing single-family dwelling on the lot. If the building permit application to create an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application for the accessory dwelling unit until the City acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. The City may charge a fee to reimburse it for costs incurred in connection with implementing this subsection.
F. Notwithstanding subsections C through E inclusive, applications for a building permit within a residential or mixed-use zone to create any of the following shall be ministerially approved:
1. One accessory dwelling unit or junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
a. The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. b. The space has exterior access from the proposed or existing single-family dwelling. c. The side and rear setbacks are sufficient for fire and safety. d. The junior accessory dwelling unit complies with the requirements of Government Code Section 65852.22.
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2. One detached, new construction, accessory dwelling unit that does not exceed 4-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit. An accessory dwelling unit described in this paragraph must conform to the following conditions:
a. The total floor area is not more than 800 square feet. b. The height is not more than 16 feet.
3. For multifamily zones:
a. Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with State building standards for dwellings.
b. At least 1 accessory dwelling unit within an existing multifamily dwelling and up to 25% of the existing multifamily dwelling units.
4. Not more than 2 accessory dwelling units that are located on a lot that has an existing multifamily dwelling but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and 4-foot rear yard and side setbacks.
G. Notwithstanding subsections C through F inclusive, accessory dwelling units are prohibited if:
1. The lot is subdivided pursuant to SB 9, when there are 2 units existing on each lot.
2. Both the lot subdivision and housing unit construction on the lot are done as an SB 9 project.
H. Accessory dwelling units under this section shall conform to the following standards:
1. Rental of the accessory dwelling unit shall be for a term longer than 30 days.
2. As part of the application for a permit to create an accessory dwelling unit connected to an onsite water treatment system, a percolation test must be completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years.
3. No certificate of occupancy for an accessory dwelling unit shall be issued before the City issues a certificate of occupancy for the primary dwelling.
I. Enforcement. In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2) below, the City, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
1. The accessory dwelling unit was built before January 1, 2020.
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2. The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (Ord. 749 2-2-22; Ord. 742, 10-19-21; Ord. 722 9-15-20; Ord. 679 2-19-19; prior code § 159.04.030(2)(M))
17.08.175 Junior accessory dwelling unit.
A. Purpose and Intent. This section provides for junior accessory dwelling units on lots developed or proposed to be developed with single-family dwellings, provided they comply with the requirements of this section. Junior accessory dwelling units are a residential use which is consistent with the General Plan objectives and zoning regulations, and which enhances housing opportunities, including near transit on single-family lots.
B. Applicability. The provisions of this chapter apply to all lots that are occupied or proposed to be occupied with a single-family dwelling unit and which are zoned residential. Junior accessory dwelling units shall not be counted as separate and/or additional units for the purposes of density calculations.
C. Development Standards. A junior accessory dwelling unit (JADU) shall not exceed 500 square feet and must be completely contained within the space of a single-family residence. All JADUs must comply with the following requirements:
1. Limited to 1 JADU per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot.
2. The single-family residence in which the JADU is created or JADU must be occupied by the owner of the residence, except when owner is a governmental agency, land trust or housing organization. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit.
3. The owner must record a deed restriction, a copy of which shall be filed with the City, that contains the following provisions:
a. A prohibition on the sale of the JADU separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.
b. A restriction on the size and attributes of the junior accessory dwelling unit that conforms to this chapter.
4. The JADU must be constructed within the walls of the proposed or existing single-family residence.
5. The JADU must have a separate entrance from the main entrance to the proposed or existing single-family residence. In addition, the JADU must have a shared entrance with the main proposed or existing single-family residence.
6. The JADU must include an efficiency kitchen that includes the following:
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https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_08?view=all 24/49 a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.
7. The JADU may share a bath with the primary residence or have its own bath.
8. The JADU will be subject to inspections and any fees for such inspections, for determination of whether the JADU is in compliance with applicable building codes.
D. Permit Requirements. Applications for a permit pursuant to this chapter shall be considered ministerially, without discretionary review or a hearing. The City shall act on the building permit application to create a junior accessory dwelling unit within 60 days from the date the City receives a completed application if there is an existing single-family dwelling on the lot. If the building permit application to create a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application for the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. The City may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this subsection.
E. Notwithstanding the above, junior accessory dwelling units are prohibited if:
1. The lot is subdivided pursuant to SB 9, when there are 2 units existing on each lot.
2. Both the lot subdivision and housing unit construction on the lot are done as an SB 9 project. (Ord. 749 2-2-22; Ord. 742 10-19-21; Ord. 722 9-15-20)
17.08.180 Senior-citizen/congregate care housing design standards.
Senior group housing developments are subject to Development Permit review and shall be constructed in the following manner:
A. A bus turnout and shelter on the on-site arterial frontage shall be dedicated if the project is located on a bus route as determined by the Director.
B. Dial-a-ride transportation shuttles shall be provided; number to be determined during project review.
C. The parcel upon which the senior group housing facility is to be established shall conform to all standards of the underlying land use district.
D. The senior group housing shall conform to all local, state, and federal requirements.
E. The number of dwelling units shall be based on Table 17.08.02 (Residential Development Standards).
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https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_08?view=all 25/49 F. The minimum floor area for each residential unit shall be as follows:
1. Studio: 410 square feet.
2. One bedroom: 510 square feet if kitchen-dining living areas are combined; 570 square feet if kitchen-dining living areas are separate.
3. Two bedroom: 610 square feet if kitchen-dining living areas are combined; 670 square feet if kitchen-dining living areas are separate.
G. The main pedestrian entrance to the development, common areas, and the parking facility shall be provided with handicapped access pursuant to Section 17.48.050.
H. Indoor common areas and living units shall be handicap adaptable and be provided with all necessary safety equipment (e.g., safety bars, etc.), as well as emergency signal/intercom systems as determined by the Director.
I. Adequate internal and external lighting including walkways shall be provided for security purposes.
The lighting shall be energy efficient, stationary, deflected away from adjacent properties and public rights-of-way, and of an intensity compatible with the residential neighborhood.
J. Common recreational and entertainment activities of a size and scale consistent with the number of living units shall be provided. The minimum size shall equal 100 square feet for each living unit.
K. Common laundry facilities of sufficient number and accessibility, consistent with the number of living units and the Uniform Building Code shall be provided. The facilities shall have keyed access for tenants only.
L. Each residential unit shall be plumbed and wired for a washing machine and dryer.
M. The development may provide one or more of the following specific internal common facilities for the exclusive use of the residents:
1. Central cooking and dining room(s);
2. Beauty and barber shop;
3. Small scale convenience drug store not exceeding 1,000 square feet.
N. Off street parking shall be provided in the following manner:
1. 1 covered parking space for each dwelling unit for the exclusive use of the senior citizen residents, plus 1 space for every 5 units for guest parking.
2. 3 parking spaces for every 4 dwelling units for employee and guest use for congregate care residences.
3. All off-street parking shall be located within 150 feet of the front door of the main entrance.
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4. Adequate and suitably striped paved areas for shuttle parking. Shaded waiting areas shall be provided adjacent to the shuttle stops.
5. Design standards relating to handicapped parking, access, surfacing, striping, lighting, landscaping, shading, dimensional requirements, etc., shall be consistent with the standards outlined in Chapter 17.48 (Off-Street Parking Standards).
6. Senior citizen/congregate care parking requirements may be adjusted on an individual project basis, subject to a parking study based on project location and proximity to services for senior citizens including, but not limited to medical offices, shopping areas, mass transit, etc.
O. The project shall be designed to provide maximum security for residents, guests, and employees.
P. Trash receptacle(s) shall be provided on the premises. Trash receptacle(s) shall comply with adopted Public Works Department standards and be of sufficient size to accommodate the trash generated. The receptacle(s) shall be screened from public view on at least 3 sides by a solid wall 6 feet in height. The opaque gate shall be maintained in good working order and shall remain closed except when in use. The wall and gate shall be architecturally compatible with the surrounding buildings and structures. The receptacle(s) shall be located within close proximity to the residential units which they are intended to serve.
Q. Residential occupancy shall be limited to single persons over 60 years of age or married couples of which 1 spouse is over 60 years of age.
R. Developers of senior citizen/congregate care housing which have a density larger than that allowed in the underlying land use district, shall provide a marketing analysis which analyzes long-term feasibility and a conversion plan of senior residential units to standard units, with a corresponding reduction in the number of units to equal the density allowed in the underlying land use district if the project is not occupied by seniors 55 years of age or older. The feasibility study and conversion plan shall not be required if the project is sponsored by any government housing agency, the City’s Development Department or a nonprofit housing development corporation. If the proposed project is to be located in a commercial land use district the conversion plan shall address the transformation of residential units into the uses allowed in the commercial districts.
S. All parts of all structures shall be within 150 feet of fire lane/paved access for single-story and 50 feet for multistory. (Prior code § 159.04.030(2)(N))
17.08.190 Single-family housing, existing.
Additions, alterations and expansions to single-family housing which legally existed prior to the adoption date of the ordinance codified in this title shall comply with the standards of the residential district in which the project is located. (Prior code § 159.04.030(2)(O))
17.08.200 Single room occupancy (SRO) facilities.
Single room occupancy (SRO) facilities are subject to Conditional Use Permit review and approval and shall conform to the following standards:
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1. SROs shall not be located within 250 feet of a parcel which has a school for children, adult bookstore or theatre, bar or liquor store; and existing motels, hotels, or apartments shall not be permitted to convert to SROs.
2. SROs shall be located within 1/4 mile of a bus stop. 3 SROs shall comply with the following parking requirements: 1 per full time SRO employee at maximum shift and 1 per 10 occupants.
4. Secured bicycle or motorcycle spaces shall be provided at a ratio of 1 space per 10 occupants.
5. Any design of a SRO project shall coordinate with and complement the existing architectural style and standards of the surrounding land uses and local community. If a design theme has become established in an area, this should be reflected in the design and scale of the SRO project.
6. An unrestricted drop off/pick up/loading/temporary parking area shall be provided near a single entry located adjacent to front entry/desk area.
7. Exterior common areas and/or open courtyards should be provided throughout the project. If common areas are made available, these areas should be designed to provide passive open space with tables, chairs, planters, or small garden spaces to make these areas useful and functional for the residents. Exterior common areas, including parking areas, should be illuminated with a minimum of 2 foot-candles by low pressure sodium lighting from dusk to dawn.
8. Each SRO unit shall be provided with the following minimum amenities:
a. Adequate heating and air conditioning. (Window air conditioning units are not permitted. Air conditioning units may be installed for each SRO unit as long as they are flush with the exterior wall surface.)
b. Kitchen sink with garbage disposal.
c. Counter top measuring a minimum of 12 inches deep and 24 inches wide. d. Space and proper wiring for microwave and small refrigerator. (These appliances must be available for rent.)
e. Pre-wired for telephone and cable television.
f. Toilet and sink in a separate room that is a minimum of 20 square feet. g. 1 bed space per person.
h. 1 closet per person.
i. 1 storage/desk arrangement per person.
j. Intercom system.
Item Number: 4.
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9. The maximum occupancy and minimum unit size (not including toilet compartments) shall be:
a. 1 person, 150 square feet.
b. 2 persons, 175 square feet.
c. The maximum unit size shall be 325 square feet.
10. Elevators shall be required on new SROs which are 3 stories or more in height.
11. A full common kitchen facility shall be provided on each floor, if complete kitchens are not provided in each unit. Complete kitchen shall include a range stove, sink with garbage disposal, and refrigerator.
Cooking appliances or facilities shall be prohibited in each SRO unit, unless approved in writing by the management staff.
12. If complete bathrooms are not provided in each unit, shared showers shall be provided at a ratio of 1 per 7 occupants or fraction thereof on the same floor with interior lockable doors. These shall be directly accessible from indoor common areas or indoor hallways.
13. SRO facilities shall provide for 1 handicapped-accessible unit for every 25 units or fraction thereof for up to 100 units and 1 handicapped-accessible unit for every 40 units or fraction thereof for the number of units over 1,159.
14. At least 1 janitor closet and trash chute shall be provided on each floor.
15. Common laundry facilities shall be provided with 1 washer and 1 dryer for every 25 units or fraction thereof for up to 100 units and 1 washer and 1 dryer for every 50 units or fraction thereof for the number of units over 1,159. Keyed access for tenants only shall be provided. Defensible space concepts should be employed in the design and location of the laundry facility areas.
16. Common furnished and secured indoor space shall be provided at the following ratios:
4.5 sq. ft. per 150 to 159 sq. ft. unit
4.0 sq. ft. per 160 to 169 sq. ft. unit
3.5 sq. ft. per 170 to 179 sq. ft. unit.
3.0 sq. ft. per 180 and up sq. ft. unit
“Common indoor space” means all usable interior common areas not used for circulation or service facilities. Common indoor space includes lobby, recreation room or reading room.
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17. Ingress and egress shall be strictly limited and monitored by the use of a front desk area which has a full view of the entry/lobby area, is staffed 24 hours a day, 7 days a week, and has an operational outdoor entry intercom system with intercoms in each unit and common areas. Entrance into the hallways of common areas where individual units are located shall be regulated by the front desk clerk through the use of “buzz-in” doors. Each resident and guest must be cleared by the front desk clerk before entry is permitted. The required secondary egress areas shall also be alarmed and monitored. A notice shall be posted in the common indoor lobby area regarding contact procedures to investigate code compliance problems. At least 1 pay telephone, a drinking fountain and individual mail boxes shall be provided in the lobby/front desk area.
18. An adequately sized supply room shall be provided with adequate security control.
19. SROs of any size shall be required to have fully automatic fire sprinkler systems with a central monitoring system, alarm and fire annunciator in compliance with Fire Department standards. A manual fire alarm system shall also be installed.
20. All provisions of the Uniform Building Code and Uniform Fire Code must be complied with for hotels.
However, reasonable equivalent alternatives to Fire and Building Code requirements may be utilized, if approval is obtained from the Chief Building Official and Fire Chief on a case by case, item by item basis.
21. Defensible space concepts should be employed in the design and location of SROs.
22. Interior hallways shall be brightly lit with at least 1 foot-candle of lighting on the floor surface.
23. All lighting fixtures shall be vandal and graffiti resistant. All ground floor exteriors and common areas, including hallways, elevators and shower facilities should be made graffiti resistant through the use of special paint, texturing, carpeting or other means as approved by the Police Department.
24. A management plan shall be submitted for review and approval, or approval with modifications as part of the Conditional Use Permit. This plan shall be comprehensive and shall contain provisions as recommended by the Director of the Department of Planning and Building Services and as adopted by the Planning Commission. The failure of the property owner to comply with the management plan may be grounds for revocation of the Conditional Use Permit pursuant to Chapter 17.76.
25. Security provisions shall be provided in the following manner:
a. Video cameras equipped with infrared detectors must be strategically placed in all public areas including hallways, elevator entrances, lobby areas, garage areas, laundry areas, profit centers and other common areas, and monitored for internal security. The monitoring station may be at the front desk. In order to provide for adequate monitoring, the location and configuration of monitors is subject to review by the Police Department.
NOTE: Infrared detectors are to activate a flashing light to help direct monitoring staff to a specific monitor and area of the facility.
b. Unit doors shall be equipped with interior locks and key card entrance systems which shall be reprogrammable.
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https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_08?view=all 30/49 c. Common shower area doors accessible through hallways shall be equipped with interior locks with access by a management master key. An emergency call button or pull cord shall be provided. d. Front entry areas shall allow for adequate visual access into the front desk/lobby area by police from patrol cars.
e. Each room and all common areas shall have operable windows, except for the first floor which may be fixed, if a reasonable equivalent alternative is approved by the Chief Building Official and Fire Chief.
f. Adequate measures shall be taken to provide for vehicle parking security including limited secured access by electronic wrought iron security gates and fencing or alternative materials compatible with the architectural style, night lighting and video camera monitoring. Override devices for gates shall be provided for the Police and Fire Department. g. Pursuant to subsection 26 or 27 of this section, if “failure by management” has occurred or violations of conditions of approval are found then a private security guard may be required to be provided on a 24-hour-a-day basis. The security guard shall be fully uniformed, bonded, P.O.S.T. certified and licensed by the State to bear firearms.
h. Valid photo identification shall be required as a condition of registration. A valid photo identification is a state or official driver’s license, a military identification card, an official state identification card or a Desert Hot Springs Police Department registration card. Management shall post in the registration area signs declaring that photo identification is required for tenants and a valid identification for their guests (photo identification is not required, unless the guest is staying overnight), and that the registration information will be presented to the Police Department upon demand.
i. Management is to keep and maintain complete and accurate tenant registration cards in duplicate, including photocopies of required photo identification. Registration information shall include the name of the occupant, unit number, rental rate, vehicle type and vehicle license number.
The duplicate copies of the registration cards shall be taken to the Desert Hot Springs Police Department weekly. Registration information shall be provided to the Police Department upon demand.
26. A condition of approval of a SRO facility shall be in compliance with Desert Hot Springs Municipal Code Title 5 (Business Permit Regulations). A SRO facility with excessive drug or prostitution arrests may be brought before the City Council with advisement from Police Department for review, with notice of that review meeting being sent to the SRO facility owner. If the City Council determines that a “failure by management” has occurred, in that a finding is made that excessive drug or prostitution arrests are occurring at the SRO facility, the Operator’s Permit issued to the SRO facility may be revoked pursuant to Chapter 17.76. Further operation of the SRO facility shall not occur without first processing and obtaining approval for a new Operator’s Permit.
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27. Condition compliance inspections by the City may be made on an annual basis, and the costs of such inspections, up to $50,159.00 adjusted annually for inflation, shall be paid by the SRO facility operator. Any violation(s) of the conditions of approval, municipal codes, or state or federal laws or regulations pertaining to SRO facilities, as they exist at the time of the inspection, shall be corrected within the time period(s) specified in the notice of violation. If the Director makes a finding that the corrections have not been made within the specified time period(s), the Conditional Use Permit and Operator’s Permit for the SRO facility may be revoked pursuant to the provisions in Chapter 17.76.
28. The maximum number of SRO units to be brought into service within the City of Desert Hot Springs after the effective date of the Zoning Ordinance, shall be the number that accommodates 500 occupants.
Prior to any proposed amendments to these SRO standards or to an increase in the maximum number of SRO units in service, the Department of Planning and Building Services shall present a report to the City Council, with the following information: the number and location of permitted SRO projects, the number and capacity of existing SRO units, the average occupancy rate, the rent levels, the average number of vehicles per resident, and the perceived adequacies/deficiencies of management services provided in the SRO facilities. (Prior code § 159.04.030(2)(P))
17.08.210 Small lot subdivision standards.
Standards for small lot subdivisions are located in Section 17.08.150 (Planned Residential Development Standards) of this chapter. (Prior code § 159.04.030(2)(Q))
17.08.230 Applicable regulations.
All uses shall be subject to the applicable regulations of this Zoning Ordinance, including, but not limited to, Chapters 17.64 through 17.140. (Prior code § 159.04.040)
17.08.240 Development guidelines—Residential design.
A. Purpose.
1. The purpose of these design guidelines in Sections 17.08.250 through 17.08.300 is to serve as a reference to assist the designer in understanding the City’s goals and objections for quality residential development. The guidelines complement the mandatory site development regulations contained in this chapter by providing good examples of potential design solutions and by providing design interpretations of the various mandatory regulations.
2. Design guidelines are general and are meant to be interpreted with some flexibility in their application to specific projects. 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.
3. Design guidelines are divided into 2 general categories: (a) single-family residential, and (b) multifamily residential. Each category is further divided into architectural and site planning guidelines.
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4. The implementation of these guidelines is essential to affect continued quality community development. Unless compelling reason is demonstrated for variance to the Planning Commission, and then the City Council, these design guidelines shall be followed.
B. Applicability. Sections 17.08.240 through 17.08.300 shall apply to all residential development within the City. Any addition, remodeling, relocation or construction requiring a building permit subject to review by the Development Review Committee shall adhere to these guidelines where applicable. (Prior code § 159.04.050(1) and (2))
17.08.250 Single-family site planning.
A. The principle function of this portion of the Zoning Ordinance is to implement the goals and policies of the General Plan, which reflect the community’s desire to promote the rural residential/quality open space character of Desert Hot Springs. The more focused goal of the single-family site planning guidelines is to create functional and visual variety along local streets in a manner consistent with the scale and intensity of subdividing. It is the intent that these guidelines encourage subdivisions with a broad, diverse, and thoughtfully conceived mix of architecturally designed homes distributed along streets within new subdivisions. Roadway and streetscape design should also include a mix of straight and curvilinear lotting patterns, with a varied parkway landscape treatment to set the tone for the neighborhood.
B. All single-family subdivision plans that apply for alternative lot sizes will be evaluated using the guidelines contained in this section with emphasis on the following criteria:
1. Proportional mix and distribution of lots;
2. Preserving of mature trees and natural features;
3. Placement of dwelling (setbacks, building heights, etc.) unit on lot;
4. Maximizing preservation of viewsheds;
5. Provision of amenities (subdivision entrance treatment, landscaping, open space, etc.);
6. Treatment of drainage courses;
7. Treatment of walls and fences;
8. Other unique amenities.
C. Varied Front Setbacks. Homes and garages placed closer to or further back from the street creates patterns of massing and open space that lends variety to views from the streetscape. The structures close to the street project themselves into the scene, while structures set further back recede and open space to the viewer, also adding diversity to the view.
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https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_08?view=all 33/49 D. Interruption of Straight Streets. Roadway capacity and vehicular and pedestrian safety are an essential element of residential subdivision design. Traffic speeds through residential subdivisions can be reduced by introducing curvilinear road designs. However, lines of sight for drivers and pedestrians must be considered when introducing curves to roadway design. On straight roads, knuckles or cul-desacs can sometimes be introduced to limit the length of straight stretches.
E. Varied Side Yard Setbacks. The distance between adjoining homes, or between homes and fences, results in different types of yards ranging in size from private patio areas in more densely designed developments to hundreds of feet in the least dense large lot areas (R-RD). Greenbelts are an integral part of apartment and condominium developments, and respond to the design needs at these densities.
In small lot single-family subdivisions the use of zero lot line setbacks on 1 side of the lot consolidates open space and increases opportunities for enhanced private open space. In contrast, lands designated for, or already subdivided into, larger lots should be able to enjoy a more generous setback of improvements, consistent with the rural intensity of the development. Building setbacks, including those for ancillary buildings, should be more generous on these larger lots.
F. Attached Dwellings. Attached dwelling units include units connected only at garages and those which may include 6 or more residences and attached parking structures effectively under 1 roof. Their design and architectural treatment can either enhance the multi-unit appearance or they can be integrated into 1 concept that treats each side of the entire building envelope as a single unifying facade.
G. Lot Orientation.
1. Lots should be oriented to take optimum advantage of the development site, to provide the most functional layout while maximizing the exposure of residences to viewsheds and prevailing wind patterns. Lot layouts should also take into account solar exposure and opportunities for locating residences and seasonally appropriate landscaping.
2. The layout of individual lots orientation and subdivision overall can also have a significant effect on the type and feel of neighborhood that results. On curves, corner or cul-de-sac lots can often be oriented in a different direction than those at mid-block. In these cases some lots can be nonrectangular and angled on the street. The streetscape and viewshed can be enhanced by the variety of setbacks and landscaped areas. Structures should be oriented so that a majority of primary living spaces can receive direct sunlight for the daylight hours. In new projects, structures should be positioned to minimize the impact of shadows on adjacent properties and within the project.
H. Varied Lot Widths. Subdivisions should be encouraged to include a varied mix of lot widths. Making some lots wider, and some narrower, than the average can provide a less regimented and repetitive and a more varied mix of open area and structures. It also allows placement of different shapes and sizes of homes. On narrow lots, a variation of only 3 or 4 feet can make a perceptible difference. In no instance shall lot widths fall below the minimum set for each zoning district.
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https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_08?view=all 34/49 I. Varied Garage Placement and Orientation. Access to residential garages shall be taken directly from the street. With sufficient lot width, garages can be front or side accessed. They can also vary in size and provide utility, work and storage areas. Garages can be detached and connected to the home by breezeways. In 2-story homes, the second floor can be extended over the garage. In all cases, garages must be designed as integral parts of the home design concept.
J. Zero Lot Line Homes. Zero lot line subdivisions are typically found in planned residential communities, where single-family homes are planned on smaller lots in a way that maximizes open space and privacy. Each subdivision home is flush to the same side lot line. Zero lot line design, also as allowed in planned residential development, lends itself well to creation of enclosed courts and patios that a traditional planning approach may prevent.
K. Cul-de-Sac Treatments. Cul-de-sac streets, literally “bottom of the sack,” are relatively short parts of a subdivision lotting plan where traffic is largely cut off, and the street serves only those homes located on it. Closed cul-de-sacs are preferable in general. However, for longer cul-de-sacs, and in special circumstances, openings should be provided at the ends for pedestrians.
L. Straight and Curved Streets. Straight streets are generally the most efficient, but occasional curves can provide changing street scenes. Curves that seem very slight in a bird’s-eye view are readily perceived by the driver and interrupt the line of sight. Curves designed on long radii best preserve lineof-sight distances for vehicular and pedestrian safety, while providing visual relief and variety in the streetscape.
M. Walls. Walls and fences are an integral part of the streetscape.
1. Walls should be of masonry with appropriate plaster or stucco finishes or other approved masonry. Slumpstone walls with a sack finish are typical of a generic type that would meet most proposed design criteria. They should be designed in a style, materials and color to complement the dwelling units to which they are attached.
2. Other materials may include wrought iron, tile insets or grillwork. The recommended choice for wrought iron is 1-inch pickets, at a maximum of 6 inch on center.
3. Architectural treatment of walls, such as plastering, painting special finishes of all perimeter walls or fences should be architecturally treated consistently.
4. Builders and homeowners may be advised to surface exposed walls with an anti-graffiti coating to ease removal.
N. Garages.
1. Garage door setbacks should allow driveway parking that keeps the sidewalk clear of vehicles.
2. The street portion of the garages should have a single-story massing to provide an intermediate architectural transition to 2-story massing.
3. A mix of front and side-loaded garages is encouraged to break up a potentially monotonous repetition of garage doors and lend variety to the pattern of open space and structures.
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1. In-fill development should be encouraged to completely integrate the adjoining residential neighborhood. When new residences are designed for these areas, the character and best standards of the area should be considered to enhance integration of the new home into the established neighborhood.
2. In-fill development in existing neighborhoods should complement the distinctive architectural characteristics of surrounding development, for example: general architectural styles, window and door detailing, decoration, materials, roof style and pitch, finished-floor height, porches, bay windows, and other elements should be considered when planning a new structure.
3. In-fill development should continue the functional, on-site relationships of the surrounding neighborhood. For example, in many older neighborhoods common patterns that should be continued are entries facing the street, front porches, and parking at the rear.
P. Grading.
1. The City’s varying terrain and high degree of exposure argue the encouragement of planning, engineering and development that results in minimal site grading. This can be accomplished by following the natural contours as much as possible. From large-scale subdivision design to individual lot grading plans, graded slopes should be rounded and contoured to blend with the existing terrain.
2. Significant natural vegetation should be retained and incorporated into projects whenever possible. Contact the City’s Community Development Department regarding requirements and an approved landscape materials list. Also see Chapter 17.56. (Ord. 712 6-2-20; prior code § 159.04.050(3))
17.08.260 Single-family architecture.
No particular architectural “style” is required for residential structures. However, the City will judge all residential plans on their architectural merits. Residences designed with a southwestern, mission, or Mediterranean style will respond to the varying temperatures and outdoor living opportunities of the desert. The focus should be on the creation of a quality residential environment. In general, the architecture should consider compatibility with surroundings character, including harmonious building style, form, size, color, material, and roofline. Individual dwelling units should be distinguishable from one another.
A. Façade and Roof Articulation.
1. Thoughtful space planning for interior and exterior areas should also include consideration for the resulting building envelope. Façades and the massing of structures should provide variety, proportion and interest. Long uninterrupted exterior walls should be avoided on all structures.
Varying or articulating the façade also increases opportunities for tying the structure to the site through the use of landscape materials. Appropriate textures, a variety of spatial relief, and design accents on building walls can enhance the integration of the building into the neighborhood.
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2. Roofline articulation is encouraged for sloped roofs. Parapet and cornices on flat roofs should be finished with architectural moldings that are appropriate in terms of style and proportion. Roof design must be an integral part of the building architecture. Roof articulation may be achieved by changes in plane of no less than 2 feet 6 inches and/or the use of traditional roof forms such as gables, hips, and dormers. Flat roofs and A-frame type roofs are generally discouraged unless appropriate to the overall architectural style being promoted.
B. Varied Structure Design. Much of recent residential design has been dominated by large tract development with a limited number of models and regimented development standards. To avoid this “cookie cutter” look in single-family development, the design of structures should be varied in tract developments to create variety and interest. Differences in massing and design approaches of each adjacent house should be accomplished. Generally, 1 residential design should not be repeated more frequently than each fourth house.
C. Attached Dwellings.
1. Attached single-family dwellings should be designed and located on the lot to enhance their appearance as custom homes. Configurations can include architectural treatment as apparently large single-family units, largely freestanding units sharing a common garage wall, or as traditional row houses.
2. Lengthening the street elevation through the use of walls or other features may frequently be appropriate, can reduce the visual impact of garage doors and can provide private open space areas screened from traffic and noise.
3. Driveways should be grouped with a separating planting strip to provide clear definition and maximum effective landscape areas.
4. The street portion of garages should have a single-story appearance, while allowing the building to step back in an appropriate architectural transition for 2-story structures. Garages shall be set back from the street sufficiently to allow driveway parking without overhanging the sidewalk; on public streets the minimum setback shall be 20 feet behind the public right-of-way.
D. Scale. Proportion is the essence of good design. The variety and size of massing and shapes designed into a building shall be scaled to one another and shall relate to the use of the structure as a single-family residence. Residential structures shall be designed to be within a human scale so as not to overwhelm or dominate their surroundings.
E. Finish Materials.
1. Finish materials to be used on the facades of structures and garage doors is important in providing a functional and attractive living space. The selection of finish materials should be consistent with a direct outgrowth of the architectural concept for the building. The use of tile roofing materials is particularly appropriate for residences designed in Spanish, Mission, Southwestern and Mediterranean architecture.
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2. Materials to be avoided include: metal or aluminum siding and most metal roofs, reflective materials and finishes, and unfinished concrete block. Exposed wood should be properly finished and stained rather than painted to assure maximum life of the coating in the desert environment.
3. Stucco is the predominant finish material on new homes. When applied in new development, the finish texture shall be consistent with the architectural style of the building. For instance, adobe or southwestern style architecture will typically have a smooth, hand-finished stucco appearance. A “sack finish” over slumpstone is also an appropriate finish. More conventional home designs will use an “orange peel” finish consistent with the crisp lines of these residences.
F. Vents and Downspouts. Frequently and unnecessarily a functional afterthought are roof and side wall vents, flashings and downspouts. These and other protrusions from the building envelope should be finished to match the adjacent materials and/or colors. Sidewall vents should be framed in to make them an integral part of the elevation and should be finished (stucco, etc.) consistent with the treatment of the façade. Flashing shall be obscured or coated in a manner that reduces contrast and enhances its compatibility with the adjoining roof or wall treatment.
G. Equipment Screening. Heating/air conditioning (HVAC) or other type of equipment shall be mounted on the side of the structure or on the ground. No roof-mounted equipment shall be permitted. All HVAC and similar equipment must be visually and acoustically screened. Screens shall be designed and constructed to intercept both equipment view and noise. The method of screening must be functionally and architecturally compatible in terms of materials, color, shape, and size. The screening design shall blend with the building design. Where individual equipment is provided, a continuous screen is desirable.
H. Ancillary Structures. Ancillary structures (guesthouses, cabanas, barns, storage sheds, etc.) shall be designed in a manner that is architecturally compatible with the main structure in terms of design and the use of walls/roofs/trellises, fence/wall connections, and/or landscaping.
I. Garage Doors. In new construction the design and construction of garage doors shall be to integrate these into the walls, rather than flush with the exterior wall. Garage door framing should be kept simple, clean, and with limited adornment. Garage doors shall be steel or aluminum and shall be preferably roll-up type of design. In tract subdivisions, a variety of compatible designs should be used throughout a project to enhance visual interest. The design of the garage door should relate to the particular architectural style selected.
J. Lighting Fixtures/Intensity. Lighting fixtures on single-family homes serve safety and convenience, as security devices, and as integral design elements of the home. Garage-mounted lighting should be carriage-type or equivalent in scale that is consistent with the architectural style and proportions of the home. The use of flood security lighting shall be screened or shielded to avoid spilling onto adjoining properties and streets. In all instances, lighting levels shall be kept to that minimum necessary to illuminate paths and walkways, while providing their security function. (Prior code § 159.04.050(4))
17.08.270 Multifamily site planning.
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https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_08?view=all 38/49 A. Purpose and Intent. Because of their higher densities and shared amenities and services, multifamily and cluster housing tend to generate large parking courts and decreased private open space.
Parking structures and open parking spaces can dominate the site and recreational open spaces may be relegated to leftover areas that may address setback requirements, but which are not related to the residences or the people who live there.
Residential developments surrounded by high walls, parking lots, and rows of carports along public streets are examples of practices to be used only in limited and special circumstances. Unbuffered perimeter parking and drives are discouraged providing a poor image of a project and often functioning as barriers between the project and the surrounding community. The regulations in this section are intended to help mitigate these effects and to provide a pleasant residential environment within the context of higher density development.
B. Applicability. These standards are mandatory and apply to all multifamily and clustered housing developments and shall be used in the review of a Major Development Permit application to determine compliance.
C. Site Planning Design Standards.
1. Building Articulation. Buildings shall be designed to create elevations that are varied and relatively seamless, blending the façade across multiple units located behind the façade. Long, unbroken façades and box-like forms shall be avoided. Building façades shall be broken up to give the appearance of a collection of smaller structures tied together through a unifying elevation.
Building function and visual interest can be enhanced through the use of balconies, setbacks and projections to help articulate individual dwelling units or collections of units, and by the pattern and rhythm of windows and doors.
2. Clustering of Units. Clustered unit design must be developed in a manner that integrates automobile circulation, storage and access to each unit.
3. Phasing. If development phasing is proposed, each phase must be self-sustaining in terms of scale and amenities.
4. Limit on Units within a Building. Individual residential buildings shall have no more than 12 units, excepting low-income and senior housing, which may request discretionary approval of a greater number of units.
5. Project Entries. Entries into multifamily developments shall provide residents and visitors with a broad view into the project. They shall be designed as specially treated areas that may provide an open window with landscaping, recreational facilities, and project directories. Special attention shall be given to hardscape and landscape treatment at entries to enhance the overall project image.
6. Entry Drives. Entry drives shall serve as principal vehicular accesses into multifamily developments rather than a parking drive. Colored, textured paving treatment at entry drives shall be provided to clearly identify the drive; however, stamped concrete is not permitted within public street rights-of-way. Drives shall be located a sufficient distance from intersections to minimize conflicting traffic patterns and to assure adequate lines-of-sight distances.
Item Number: 4.
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https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_08?view=all 39/49 D. On-Site Parking Approach.
1. On-site parking shall be provided either in groups of covered or uncovered parking areas or in garages for individual units. Large, expansive parking areas shall not be permitted.
2. Perimeter parking drives shall not be allowed unless the shape or width of the property, in the opinion of the Director, prohibits an alternative configuration.
3. Parking areas shall be visible from the residential units which use them unless the shape or width of the property, in the opinion of the Director, prohibits an alternative arrangement.
4. There shall be no more than an average of 10 spaces of uninterrupted parking, whether in garages, carports, or open parking areas.
5. Each average of 10 spaces of parking shall be separated from additional spaces by a substantial landscaped bulb typically not less than 10 feet wide.
E. Parking Courts.
1. A parking court of any length shall not consist of more than two double-loaded parking aisles (bays) adjacent to each other.
2. The length of a parking court shall not exceed 14 stalls.
3. Parking courts shall be separated from each other by dwelling units or by a substantial landscape buffer.
F. Garages.
1. Individual parking garages within residential structures shall be enclosed behind garage doors.
2. In new construction, garages with parking aprons less those 20 feet in length shall have automatic garage door openers and/or sectional roll-up doors.
G. Carports. Where carports are utilized, they shall follow the same criteria for spatial arrangement as parking courts (subsection E above). Carports may be incorporated with patio walls or used to define public and private open space; incorporating carports into exterior project walls adjacent to streets shall not be allowed. The ends of each cluster of carports shall be landscaped.
H. Pedestrian Access from Parking. Pedestrian access from parking areas to building entrances and sidewalks shall be clearly delineated by textured or colored pavement, pavement markings, or landscaping, or a combination of such.
I. Open Space Areas and Recreational Amenities.
1. Residents shall have safe and efficient access to usable open space and amenities—whether public or private—for recreation and social activities. The design and orientation of required open space areas shall take advantage of available sunlight and shall be sheltered from the noise and traffic of adjacent streets or other incompatible uses.
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2. Required common open spaces shall be conveniently located for the majority of units. Private open spaces shall be contiguous to the units they serve and screened from public view. Children’s play areas, where provided, shall be visible from the units.
3. Clubhouses and Similar Indoor Amenities. In addition to, or as substitution for, required open space areas, indoor clubhouses and similar amenities may be provided to meet the recreational and social of residents of the development. The review of such amenities shall occur through the Major Development Permit process, with the responsible review authority having discretion to allow for the substitution of the indoor amenities for required common and/or private open space areas. In making the determination to allow substitution, the responsible review authority shall consider, among other factors, the quality of the indoor amenity and the population being served.
J. Landscape Areas.
1. Landscape treatments and enhancements shall implement goals and policies of the General Plan by maximizing the use of native desert and climate-appropriate landscape materials.
Landscape plans shall address wind and water erosion issues and demonstrate the water efficiency gained from plant and irrigation system selection. All areas not covered by structures, drives, parking or hardscape shall be appropriately landscaped. Landscape plans are subject to the approval of the Director.
2. As a design element, landscaping shall be used to frame, soften, and enhance the quality of environment; provide buffer units from noise or undesirable views; break up large expanses of parking; and separate frontage roads within a project from public streets. To accomplish these design objectives, landscape elements need vertical dimension. Mexican and desert fan palms, thorn-less mesquite, Mondale pines, silk oak, etc. and tall shrubs are appropriate in addition to grass and groundcover. Trees can be used to provide shading and climatic cooling of nearby units.
K. Refuse Storage/Disposal.
1. Refuse storage, transfer, and disposal facilities shall be enclosed within minimum six-foot-high concrete block containments designed in accordance with the requirements of the City standards and those minimal requirements of the disposal service purveyor.
2. In terms of location and design and treatment, enclosures shall be architecturally related to other structures on the site and softened with landscaping to make the enclosures an integral part of the overall design.
3. Preferred locations include inside parking areas or at the end of parking bays. Locations shall be conveniently accessible for trash collection and maintenance and shall not block access drives during loading operations.
4. Recycling facilities shall be incorporated into refuse storage/disposal areas for all new development projects and all new construction in existing projects.
Item Number: 4.
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https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_08?view=all 41/49 L. Auxiliary Facilities. Support structures within multifamily residential projects, such as laundry facilities, health spa and recreation buildings, pool cabanas and sales/lease offices, shall be consistent in architectural design and form with the rest of the complex. Temporary sales offices shall also conform to these standards.
M. Mailboxes. Where common mailbox services are provided, they shall be located as close to the project entry as is practical, giving careful consideration to staking at entries and on interior drives.
Locating mailboxes near recreational or other common use facilities will enhance resident interaction and the community function of the development. Design and architectural character shall be compatible in form, materials, and colors to the surrounding buildings. Minimal mailbox design specifications and locations must be approved by the U.S. Postal Service.
N. Site Grading.
1. Pursuant to Section 17.64.030 (Pre-application conference) of this title, pre-application planning conferences/consultations shall be held between developer and City Planning staff prior to the preparation of development and grading plans. Planning development and grading strategies shall reflect the City’s desire to minimize site disturbances and to enhance open space in all development.
2. In areas with slope, development planning shall follow site contours to the greatest extent practical. Site grading shall also recognize existing drainage patterns and landforms while providing appropriate transition of architectural elements to grade. Site grading shall also provide for an uninterrupted flow of vehicular and pedestrian traffic through the development.
3. The grading plan shall direct and provide adequate flow of surface runoff to catch basins while consistently contouring the land to blend functionally and aesthetically with conditions at the boundaries of the site.
4. Drainage within developments shall be collected in curb gutters and conveyed to integrated on-site detention facilities and/or off-site facilities.
O. Security. All development design must integrate “defensible space” concepts into the overall plan.
Projects shall be designed to optimize security for residents and visitors, while focusing on the creation of an enjoyable residential environment. Parking areas shall be well lighted and located so as to be visible from residential units. Landscaping shall be planned and maintained to provide views into open space areas
P. Lighting Fixtures/Intensity.
1. Garage- and carport-mounted lighting shall be consistent with the architectural style and proportions of the structures.
2. The use of flood security lighting shall be functionally directed and screened or shielded to avoid spilling onto adjoining properties and streets.
3. In all instances, lighting levels shall be kept to that minimum necessary to illuminate paths and walkways while providing their security function.
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4. Plans shall comply with any night-sky preservation ordinance adopted by the City. (Ord. 712 6- 2-20; prior code § 159.04.050(5))
17.08.280 Multifamily architecture.
A. Architecture Generally. No particular architectural style is required for residential structures.
However, the City will judge all residential development plans on their architectural merits. Multifamily residential development designed with a southwestern, mission, or Mediterranean style will best respond to the goals and policies of the General Plan, and to the varying temperatures and outdoor living opportunities of the high desert. The focus shall be on the creation of a quality, self-contained residential community. Designers and architects shall consider compatibility with neighborhood character of surrounding properties, including similar building style, form, size, color, material, and roofline.
B. Design Approaches. The following design approaches shall be incorporated:
1. Varying front setbacks within same structure and between different buildings and the street.
2. Use of staggered and jogged unit planes to distinguish units.
3. Use of reverse building plans to add variety.
4. Limit the development of adjacent units with identical wall and rooflines.
5. Varying of orientations to avoid the monotony of garage door corridors.
C. Façade and Roof Articulation.
1. Façades and the massing of structures shall provide variety, proportion, and interest. Long uninterrupted exterior walls shall be avoided on all structures. Appropriate textures, a variety of spatial relief, and design accents on building walls shall be used to enhance the integration of the building into the neighborhood. Long structures, if they are appropriately articulated, may be acceptable; however, structures (including garages and carports) exceeding 150 feet in length shall not be permitted.
2. Roof design must be an integral part of building architecture. Roof articulation may be achieved by changes in plane of no less than two feet six inches and/or the use of traditional roof forms such as gables, hips, and dormers.
3. Roofline articulation shall be incorporated into the use of sloped roofs.
4. Parapets and cornices on flat roofs shall be finished with architectural moldings that are appropriate to the building architecture in terms of style and proportion.
5. Secondary hipped or gabled roofs covering the entire mass of a building are preferable to mansard roofs or segments of pitched roof applied at the structure’s edge.
6. The use of flat roofs and A-frame type roofs must be appropriate to the overall architectural style being promoted.
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https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_08?view=all 43/49 D. Increased Setbacks. To achieve higher densities and provide adequate parking and open space amenities, multifamily projects are typically multi-story, and their bulk has the potential to dominate surrounding uses. The scale of such projects must be considered within the context of their surroundings. Where a multifamily structure abuts a property zoned for single-family residential use and is planned to exceed two stories in height, that portion of the structure greater than two stories shall be set back an additional five feet.
E. Building/Finish Materials.
1. The selection of finish materials structures, walls, carports and garage doors shall be consistent with the architectural concept for the building. The use of tile roofing materials is particularly appropriate for residences designed in Spanish, mission, southwestern, and Mediterranean architecture or their derivations.
2. Materials to be avoided include metal or aluminum siding and most metal roofs, reflective materials and finishes, and unfinished concrete block. Use of exposed wood shall be kept to a minimum and shall be properly finished and stained rather than painted to assure maximum life of the coating in the desert environment.
3. Where stucco used, the finish texture shall be consistent with the architectural style of the building. For instance, adobe or southwestern style architecture will typically have a smooth, handfinished stucco appearance.
4. Larger residential buildings and walls shall include a greater variety of complementary materials to break up building expanses, including split-face precision block, fluted block, brick, and tile. A “sack finish” over slumpstone is an especially appropriate finish, consistent with the community design goals and policies of the General Plan.
F. Balconies, Porches, and Patios. Balconies, porches, and patios shall be integrated into the design and siting of multifamily structures for enhanced functional and living environment values. These elements shall be integrated to break up large wall masses, offset floor setbacks, and add human scale to structures.
G. Dwelling Unit Access. Individual walkways, corridors, or access balconies shall be designed to serve no more than five units. The use of long, monotonous walkways shall be avoided. To the maximum extent practicable, the entrances to individual units shall be plainly visible from nearby parking areas.
Distinctive architectural elements and materials shall be used to denote prominent entrances.
H. Exterior Stairs. Exterior stairs shall be designed as simple, clean, bold projections that complement the architectural massing and form of the multifamily structure. Stairways shall be of smooth stucco, plaster, wood, or decorative wrought iron with accent trim of complementary colors to help identify them in the elevation and denote their function. Thin-looking and disproportionate, open metal, prefabricated stairs shall not be used.
I. Carports, Garages, and Accessory Structures.
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1. Detached and attached garages, carports, and accessory structures shall be designed as an integral part of the architecture of projects. They shall be consistent in their use of materials, color, and design detail and compatible with the principal structures of a development. Carports may utilize flat roofs but shall not project above any exterior walls adjacent to streets, their preferred location being on the interior side of parking areas. Prefabricated metal carports shall not be used.
2. Where garages are utilized, doors shall appear set into walls rather than flush with the exterior wall. Their design shall be compatible with the architectural theme.
J. Gutters, Downspouts, and Roof Vents.
1. Gutters and downspouts shall be concealed unless designed as a continuous architectural feature. Exposed gutters used as architectural features shall be colored to match fascia or wall material. Exposed downspouts shall be colored to match the surface to which they are attached unless uncoated copper is used.
2. Roof vents shall be colored to match roofing materials or the dominant trim color of the structure. Sidewall vents shall be framed in to make them an integral part of the elevation and shall be finished (stucco, etc.) consistent with the treatment of the façade. Flashing shall be obscured or coated in a manner that reduces contrast and enhances its compatibility with the adjoining roof or wall treatment.
K. Active and Passive Solar Design. Where active solar panels are used, any associated mechanical equipment shall either be placed in the attic or be pad-mounted and completely screened from view from a public right-of-way and immediately adjacent structures.
L. Mechanical and Utility Equipment. Heating/air conditioning (HVAC) or other type of equipment shall be pad-mounted on the ground. No roof-mounted equipment shall be permitted. All HVAC and similar equipment must be visually and acoustically screened. Screens shall be designed and constructed to intercept both equipment view and noise. The method of screening must be functionally and architecturally compatible in terms of materials, color, shape, and size. The screening design shall blend with the building design. Where individual equipment is provided, a continuous screen is desirable. Utility meters and equipment must be placed in locations which are not exposed to view from the street, or they must be suitably screened. All screening devices shall be compatible with the architecture and color of the adjacent structures. (Ord. 712 6-2-20; prior code § 159.04.050(6))
17.08.290 Multifamily in-fill in single-family neighborhood.
A. Intent. New in-fill multifamily projects shall be integrated into existing neighborhoods in manner that provides compatibility with adjacent structures in terms of massing, scale, and architectural treatments, and to provide for privacy.
B. Front Yard Setbacks. Front yard setbacks for structures in new multifamily projects shall be a minimum of 20 feet. Setbacks for structures which exceed 30 feet in height shall increase setbacks of that portion of a building over 30 feet by two feet for each additional foot of height.
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https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_08?view=all 45/49 C. Parking Setback. Parking spaces shall be set back from the right-of-way a minimum of five feet and shall be buffered by landscaping and/or decorative block wall, which shall complement and extend the landscaped portion of the public parkway.
D. Architectural Compatibility. New multifamily developments in existing single-family neighborhoods shall incorporate and complement existing architectural characteristics and scale of existing development. A differing or contrasting architectural style may be appropriate if it enhances the visual environment and establishes a desirable precedent for future development. (Ord. 712 6-2-20; prior code § 159.04.050(7))
17.08.300 Private tennis court design guidelines.
Private tennis courts are subject to Development Permit review and should be constructed in the following manner:
A. Tennis courts shall not encroach into the front or side setback, or within 10 feet of rear property line.
B. There shall be no more than 1 tennis court for each residential parcel of land. The Design Review Committee may approve additional tennis courts in multifamily developments in the R-M, R-MF, and RPD zoning districts.
C. Private tennis courts shall not be used for commercial purposes, and shall be used only by the residents and their invited guests.
D. All tennis court fencing shall not exceed 10 feet in height as measured from the court surface, and shall be screened from public view by appropriate landscaping or other on-site structures.
E. All tennis courts should be recessed 4 feet and shall be further screened with a combination of walls, berms or landscaping.
F. A plan for overhead court lighting shall be subject to a Director’s approved Development Permit review.
G. Light standards should not exceed the following heights as measured from the court surface:
1. 18 feet with 4 poles on each side.
2. 20 feet with 3 poles on each side.
H. All illumination fixtures shall be energy efficient and directed inward and away from adjoining properties and public rights-of-way.
I. Hours of lighting operation should be determined during permit review; in no instance should lighting be used after 10:00 p.m. (Prior code § 159.04.050(8))
17.08.310 Parolee/probationer homes.
A. Applicability and Conditional Use Permit Requirements. A Conditional Use Permit, pursuant to Chapter 17.76 of this Zoning Code, is required for the establishment of any parolee/probationer home.
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https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_08?view=all 46/49 B. Parolee/probationer home shall comply with the development, locational and all other applicable regulations of the Zoning District in which the use is proposed to locate. In addition, the parolee/probationer home shall comply with all of the following locational and operational standards:
1. Locational Requirements. When a Conditional Use Permit for a parolee/probationer home is requested, the parolee/probationer home shall be located:
a. A minimum of 660 feet away from any existing or proposed school, university, college, student housing, child care facility, public park, religious institution, hospital, youth facility, or other similar uses, as reasonably determined by the Planning Director. The distance between the parolee/probationer home and school, university, college, student housing, child care facility, public park, religious institution, hospital, youth facility or other similar use shall be measured from the closest exterior wall of the parolee/probationer home and the nearest property line included within the school, university, college, student housing, child care facility, public park, religious institution, hospital, youth facility or other similar use, along a straight line extended between the 2 points, without regard to intervening structures; and b. A minimum of 1,320 feet away from an existing parolee/probationer home or other similar use. The distance between parolee/probationer homes shall be measured from the closest exterior wall of 1 parolee/probationer home and the nearest property line included within the other parolee/probationer home, along a straight line extended between the 2 points, without regard to intervening structures. For the purposes of the locational requirements set forth in this subsection, “other similar use” or an “existing parolee/probationer home” shall also include any residential structure or unit, including any hotel or motel, whether owned and/or operated by an individual or for-profit or nonprofit entity, which houses at least 2 parolees/probationers, in exchange for monetary or nonmonetary consideration given and/or paid by the parolee/probationer and/or any individual or public or private entity on behalf of the parolee/probationer, including alcohol and/or drug-free residential recovery home, community care facility, residential care facility and other such facilities.
2. Operational Requirements. Parolee/probationer homes shall comply with the following operational requirements:
a. Each parolee/probationer home shall be limited to a maximum number of 6 parolees or probationers, and each bedroom in the house/home may not exceed 2 parolees or probationers.
b. Multiple-family dwellings or apartments with less than 25 units shall be limited to 1 parolee/probationer home.
c. Multiple-family dwellings or apartments with 25 or more units shall be limited to 2 parolee/probationer homes.
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https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_08?view=all 47/49 d. Notwithstanding the definition of parolee/probationer home in Section 17.04.050 or any other provision of the Desert Hot Springs Zoning Code or the Desert Hot Springs Municipal Code, hotels and/or motels with 14 rooms or less cannot provide transient lodging services or accommodations to more than 3 parolees during any 28 consecutive day period regardless of any length of their respective stays; and hotels and/or motels with 15 rooms or more cannot provide transient lodging services or accommodation to more than 5 parolees during any 28 consecutive day period regardless of the length of their respective stays. e. As determined by the Chief of Police or his/her designee, the property owner or a designated on-site manager must live full-time on the site of the parolee/probationer home, and the name and phone number of this individual shall be provided to the Chief of Police or his/her designee.
f. The Police Department shall be provided with a weekly update of the names of all parolees/ probationers living at the parolee/probationer home. The updates required by this section may be in any of the following forms: in writing via electronic mail or facsimile.
C. Conditional Use Permit Findings. An application for a Conditional Use Permit for parolee/probationer home may be approved and/or modified, in whole or in part, only if the findings in Section 17.76.050 of this Zoning Code are first made. Additionally, in evaluating each request for approval of a Conditional Use Permit for a parolee/probationer home, particular attention shall be directed to the physical relationship and proximity of the proposed use to similar uses on the same or surrounding sites, the compatibility of the proposed use with neighboring uses (i.e., schools, parks, and other similar uses) and to ensuring that the proposed use will not result in harm to the health, safety or general welfare of the surrounding neighborhood or substantial adverse impacts on adjoining properties or land uses.
D. Special Noticing Requirements. In addition to the notice and hearing requirements required for Conditional Use Permits, all property owners within 1,000 feet of the proposed parolee/probationer home, as measured from the subject property lines, shall be notified of the proposed Conditional Use Permit.
E. Public Nuisance. The establishment, maintenance or operation of a parolee/probationer home in violation of the regulations of this section or in violation of the conditions of approval of an approved conditional use permit is declared to be a public nuisance and may be abated by the City pursuant to applicable provision of the City of Desert Hot Springs Municipal Code, City of Desert Hot Springs Zoning Ordinance or any available legal remedies, including but not limited to civil injunctions.
F. Nonconforming Use. Any parolee/probationer home lawfully existing prior to the effective date of the ordinance codified in this section is a legal nonconforming use, subject to applicable nonconforming use regulations of Chapter 17.124 of the City of Desert Hot Springs Zoning Ordinance.
G. Amortization.
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1. Any parolee/probationer home regulated under provisions of this section which is a nonconforming use on the effective date of the ordinance codified in this chapter shall be subject to an amortization period expiring 1 year from the effective date of the ordinance codified in this section.
2. Amortization—Notice. The Community Development Department shall provide written notice to the property owner or operator at least 120 days prior to the expiration of this amortization period.
This notice is not mandatory and lack of notice shall not be deemed to prevent the City from initiating an action seeking declaratory or injunctive relief against the owner and/or operator of such business. However, if notice of expiration of amortization period is not given, any application by the owner or owner of the parolee/probationer home for an extension of the amortization period shall not be denied on the grounds that it is untimely.
3. Amortization—Application for Extension.
a. The property owner may file an application with the Community Development Department for an extension of the amortization period. The applicant must state:
i. Whether a previous extension has been requested and granted, as well as the date of the previous request; and
ii. The efforts that will be made to conform by the conclusion of the extended period. b. The property owner’s application shall be made in writing and shall be accompanied by the required fee as established by the City Council.
c. Any application for an extension of the amortization period shall be made prior to the expiration of the amortization period unless the Planning Community Development Director determines that good cause exists for the late filing of the application.
4. Amortization—Decision to Grant or Deny Extension.
a. The Planning Commission shall hold a public hearing at which time it shall consider the evidence and testimony regarding the request for an extension of the amortization period. The Planning Commission shall grant or deny an application for extension of the amortization period. The Planning Commission shall make its decision within 30 days of the filing of the request.
b. In rendering its decision, the Planning Commission shall determine whether the parolee/probationer home has been provided with a reasonable amortization period commensurate with the investment involved. If the Planning Commission determines that the amortization period is not reasonable, it shall prescribe an amortization period that is commensurate with the investment involved. The burden shall be on the applicant to establish that the extension should be granted.
c. The Planning Commission shall consider the following factors in making its determination:
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https://library.qcode.us/lib/desert_hot_springs_ca/pub/municipal_code/item/title_17-chapter_17_08?view=all 49/49 i. The parolee/probationer homeowner’s financial investment in the renting out rooms, units, homes to parolee/probationers;
ii. The present actual and depreciated value of business improvements; iii. The applicable Internal Revenue Service depreciation schedules; iv. The remaining useful life of the rental improvements; v. The remaining lease terms, if any;
vi. The cost of relocating the parolee/probationer home to a site conforming to the provisions of this chapter, if applicable;
vii. The ability of the parolee/probationer home and/or owner to change the use to a conforming use; and
viii. The secondary effects of the parolee/probationer home adult business on the health, safety and welfare of surrounding community, residential dwellings, businesses and/or uses if the parolee/probationer home is permitted to extend the amortization period. d. The Planning Commission’s decision shall be in writing, and shall be hand delivered or sent by certified mail to the applicant.
5. Amortization—Appeal. Any interested person may appeal the decision of the Planning Commission to the City Council in writing within 15 days after the written decision of the Planning Commission in accordance with the provisions of Sections 17.104.090 through 17.104.140 of this Zoning Ordinance.
6. Amortization—Public Nuisance. The City Council declares to be a public nuisance any parcel where a parolee/probationer home is operating and where the amortization period as a legal nonconforming use has expired and (a) no application for an extension is on file or has been granted, or (b) no application for parolee/probationer home Conditional Use Permit is on file or has been granted. (Prior code § 159.04.060)
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.
Item Number: 4.
Chapter 17.08 RESIDENTIAL DISTRICTS
Sections:
17.08.010 Purpose.
17.08.020 Applicable regulations.
17.08.030 Permitted uses.
17.08.040 Residential Districts Development Standards.
17.08.050 Residential single-family development guidelines
17.08.060 Single-family site planning.
17.08.070 Single-family Architecture.
17.08.080 Single-family housing, existing.
17.08.090 Accessory dwelling unit.
17.08.100 Junior accessory dwelling unit.
17.08.110 Accessory structures.
17.08.120 Guest house design standards.
17.08.130 Manufactured homes.
17.08.140 Mobile home park design standards.
17.08.150 Multifamily housing standards.
17.08.160 Multifamily site planning.
17.08.170 Multifamily architecture.
17.08.180 Multifamily in-fill in single-family neighborhood.
17.08.190 Density bonus
17.08.200 Recreational vehicle storage facilities.
17.08.210 Single room occupancy (SRO) facilities.
17.08.220 Day care center design standards.
17.08.230 Day care homes in residence.
17.08.240 Golf courses and related facilities standards.
17.08.250 Private tennis court design guidelines.
17.08.260Senior-citizen/congregate care housing design standards.
17.08.270 Parolee/probationer homes.
17.08.010 Purpose.
A. The purpose of this chapter is to create and preserve residential areas for a range of housing types and lifestyles intended to support residential uses such as schools, fire stations, and public parks while placing emphasis on sustainability, preserving natural habitats, natural drainage systems, and spa/resort residential character within the areas of the City that overlie natural hot water aquifers.
These provisions establish use regulations and development standards a n d g u i d e l i n e s which are intended to create residential development, minimize land use conflicts, encourage the sustainability and completeness of residential neighborhoods, and implement the goals of the City’s General Plan.
Item Number: 4.
The provisions of this chapter do not guarantee that the maximum General Plan density is achievable for all projects and properties. Development density is dependent on many factors including lot configuration, topography, unit size, development standards, and other factors.
B. The specific purpose of each individual residential district is as follows:
1. R-RD (Residential Rural Desert). The district is intended to allow for low-density, rural residential uses at a maximum density of one (1) dwelling unit per five (5) acres in a manner that will eliminate or minimize impacts on the natural landscape and will encourage conservation.
2. R-L (Residential Low). The district is intended to promote the development of low-density, single-family residential uses at a maximum density of six (6) dwelling units per acre.
Clustered development can occur and is encouraged where needed to respect on-site natural resource areas.
3. R-M (Residential Medium). The district is intended to promote the development of primarily attached residential uses, but also allows for detached residential design as small-lot subdivisions, in this zoning district. The minimum density for this zoning district is six (6) dwelling units per acre and the maximum density is 20 dwelling units per acre. Long term preservation of neighborhood quality should be emphasized in site design.
4. R-H (Residential High). The district is intended to provide multiple unit residential developments near transit lines and commercial centers at a minimum density of 20 dwelling units per acre up to a maximum of 30 dwelling units per acre, with a variety of on-site amenities. (Ord. 712 6-2-20)
17.08.020 Applicable regulations.
All uses shall be subject to the applicable regulations of this Zoning Ordinance, including, but not limited to, Chapters 17.64 through 17.140. (Prior code § 159.04.040)
17.08.030 Permitted uses.
A. Table 17.08.01 lists the uses permitted in each of the residential zoning districts using the following key:
“P” Use is permitted by right. (A Development Permit may be required for a new use or structure or expansion of an existing use.)
“A” Use is accessory to an established primary use.
“AUP” Use requires an Administrative Use Permit.
“CUP” Use requires a Conditional Use Permit.
Item Number: 4.
“TUP” Use requires a Temporary Use Permit.
“—” Use is prohibited.
B. Land uses listed in Table 17.08.01 use definitions from the North American Industry Classification System (NAICS) unless otherwise defined specifically by this title. The individual land uses permitted in each of the residential districts are grouped in Table 17.08.01 using broad land use categories.
C. Uses not specifically listed in Table 17.08.01 may be allowed subject to the provisions of Section 17.04.070 (C) ‘Similar Uses Permitted’ of this title.
D. Table 17.08.01 also lists applicable code references of this title if a use requires conformance with special provisions.
E. Uses listed in Table 17.08.01 are subject to the applicable design standards of this title for residential districts.
TABLE 17.08.01
PERMITTED USES – RESIDENTIAL DISTRICTS
RESIDENTIAL DISTRICTS
USE
R-RD R-L R-M R-H
CODE SECTION
AGRICULTURAL AND RELATED USES
Agriculture/Horticulture AUP CUP CUP CUP
Equestrian Stables,
Private
A CUP1 __ — 1 Minimum 1 acre
Equestrian Stables,
Commercial
CUP — — —
Kennel ___ — — —
Garden, Private A A A A
Nurseries and Garden
Centers
CUP — — —
PUBLIC AND ASSEMBLY USES
Item Number: 4.
Public Assembly
Facilities
CUP CUP CUP CUP
Religious Assembly
Facilities
CUP CUP CUP CUP
Schools, Private CUP CUP CUP CUP
RESIDENTIAL USES
Accessory Dwelling Unit
(ADU)
P P P P 17.08.090
Junior Accessory
Dwelling Unit (JADU)
P P P
1 P1 1 When the JADU is to be
constructed within a singlefamily dwelling only.
Accessory Structures and
Uses
A A A A
Boarding House — — — CUP
Dwelling, Multifamily — — P P 17.08.150
Dwelling, Single-Family P P P P
Home Occupations P P P P 17.108
Manufactured Homes P P P P 17.08.130
Mobile Home Parks — — CUP CUP 17.08.140
Parolee/Probationer
Homes
CUP CUP CUP CUP 17.08.270
Planned Residential
Development
— CUP CUP CUP 17.36
SB 9 Single-Family
Dwelling Unit
P P — —
Single Room Occupancy
(SRO) — — — P 17.08.210
Supportive Housing P P P P Government Code
Section 50675.14
and 65651.
Supportive
Item Number: 4.
Housing is subject
to the
requirements of
Table 17.08.02.
Transitional Housing P P P P Government Code
Section 50801(i).
Transitional
Housing is subject
to the
requirements of
Table 17.08.02.
RECREATION AND ENTERTAINMENT
Clubhouses AUP AUP AUP AUP
Golf Course and Related
Facilities
CUP CUP CUP CUP 17.08.240
Public Park P P P P
Recreational Use,
Commercial
— — — CUP
Recreational, Private A A A A
Swimming Pool/Spa,
Private
A A A A
Tennis Court, Private A A A A 17.08.250
Trails P P P P
Trailhead AUP AUP AUP AUP
RETAIL AND COMMERCIAL USES
Bed and Breakfast Inn CUP CUP CUP —
Condominium Hotel,
Converted
— — CUP CUP
Hotel or Motel (without
spa)
— — — —
Spa Resort
Item Number: 4.
— — — —
Property Management
Office — — A A
SERVICE USES
Day Care Center — — AUP AUP 17.08.220
Day Care Homes,
Small/Large
P P P P 17.08.230
Emergency Shelter/Low
Barrier Navigation
Center2
— — CUP CUP
OTHER USES
Antenna, Vertical/Satellite
Dish
A A A A 17.40.060
Parking Lot,
Commercial/Office
— CUP CUP CUP
Recreational Vehicle
Storage
A A A A 17.08.200
Temporary Structures or
Uses
TUP TUP TUP TUP 17.136
Utility Facilities P P
Vehicle Charging Stations A A A A
2 Emergency Shelters shall have sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.
(Ord. 749 2-2-22; Ord. 742 10-19-21; Ord. 721 9-15-20; Ord. 712 6-2-20)
17.08.040 Residential district development standards.
A. Table 17.08.02 establishes the development standards applicable to residential districts.
B. Design standards as outlined Sections 17.08.060 through 17.08.080 and 17.08.150 through
17.08.180 shall apply within residential districts and are in addition to the standards of Table Item Number: 4.
17.08.02. TABLE 17.08.02
DEVELOPMENT STANDARDS – RESIDENTIAL DISTRICTS
RESIDENTIAL DISTRICTS
DEVELOPMENT STANDARD
R-RD R-L R-M R-H
ADDITIONAL
REQUIREMENT
S
Density/Far
Maximum Density – Residential 1 du/5
ac
6 du/1 ac 20 du/1 ac 30 du/1 ac
Minimum Density – Residential — — 6 du/1 ac 20.0 du/ac
Floor Area Ratio (FAR) – NonResidential— — — —
Lot Dimensions, Size, And Coverage
Minimum Lot Size (net)
Single-Family
Multifamily
SB 9
5ac
—
1,200 sf
7,200 sf
—
1,200 sf
7,200 sf
10,000 sf
—
7,200 sf
20,000 sf
—
Minimum Lot Width
Standard
Cul-de-Sac (at setback line)
600 ft
—
50 ft
30 ft
45 ft
25 ft
45 ft
25 ft
Item Number: 4.
Flag Lot (for access)
30 ft 25 ft 25 ft 25 ft
Minimum Lot Depth Standard 1,200 ft 75 ft 90 ft 90 ft
Maximum Lot Coverage
Standard
SB 9
15%
67%
40%
67%
50%
—
60%
—
Setbacks And Building Separations
Minimum Front Yard Setback
From Public Right-of-Way
Flag Lot (at end of access)
SB 9
50 ft
10 ft
15 ft
15 ft
10 ft
15 ft
15 ft
15 ft
_
10 ft
15 ft
_
Garage front yard
setback shall be a
minimum of 20 ft.
Minimum Side Yard Setback
Interior
Corner or Exterior (alongside
street)
50 ft
50 ft
5 ft
10 ft
10 ft
10 ft
10 ft
15 ft
1 For single-family
dwelling only.
Item Number: 4.
Substandard Lots
SB 9 *
—
4 ft
5 ft
4 ft
5 ft1
—
5 ft1
—
Minimum Rear Yard Setback
Standard Lot
Flag Lot
Adjacent to Alley
Substandard Lots
SB9
100 ft
100 ft
—
50 ft
4 ft
20 ft
25 ft
15 ft
15 ft
4 ft
20 ft
—
15 ft
15 ft
—
10 ft
Garage facing an
alley rear yard shall
be a minimum of 20
ft.
Minimum Building Separation 10 ft 10 ft 10ft 10 ft
Dwelling Unit Size And Land Area
Minimum Unit Size (Attached)
Studio
One Bedroom
Two Bedrooms
Three or more Bedrooms
550 sf
700 sf
900 sf
1,000 sf
550 sf
700 sf
900 sf
1,000 sf
Minimum Unit Size – Accessory 300 sf 300 sf 300 sf 300 sf Item Number: 4.
Dwelling Unit (attached or
detached)
Minimum Unit Size (Detached
Single Family)
1,000 sf 1,000 sf 1,000 sf 1,000 sf
Minimum Unit Size (Detached
Single Family – Discount zone)
900 sf 900 sf 900 sf 900 sf
Minimum Unit Size (SB 9) 800 sf 800 sf __ __
Building Height
Maximum Height
Detached Residential
Accessory Structures
Attached Residential
Nonresidential
30 ft
30 ft*
—
—
30 ft
30 ft*
—
—
30 ft
30 ft*
55 ft
55 ft
30 ft
30 ft*
55 ft
55 ft
*17.08.110
Open Space
Minimum Common Open Space
(percent of net lot area)
— — 25% 20%
Other Development Standards
Planned Residential Development Chapter 17.36
Accessory Structures Section 17.08.110
Signs and Outdoor Displays Chapters 17.44 and 17.45
Off-Street Parking and Loading Chapters 17.48
Landscaping Chapter 17.56
Property Development Standards Chapter 17.40
* For setbacks pertaining to the SB 9 single-family units, no setback is required if: (1) the unit is built within the footprint of an existing structure; and (2) such setback does not prevent the unit from being 800 square feet.
(Ord. 749 2-2-22; Ord. 714 7-7-20; Ord. 712 6-2-20)
Item Number: 4.
17.08.050 Residential single-family development guidelines.
A. Purpose.
1. The purpose of these design guidelines in Sections 17.08.050 through 17.08.080 is to serve as a reference to assist the designer in understanding the City’s goals and objectives for residential development. The guidelines complement the mandatory site development regulations contained in this chapter.
2. The principal function of this portion of the Zoning Ordinance is to implement the goals and policies of the General Plan, which reflect the community’s desire to provide a variety of housing types and densities to accommodate existing and future residences of Desert Hot Springs. The more focused goal of the single-family site planning guidelines is to create functional and visual variety along local streets in a manner consistent with the scale and intensity of subdividing. It is the intent that these guidelines t o encourage subdivisions with a broad, diverse, and thoughtfully conceived mix of architecturally designed homes distributed along streets within new subdivisions. Roadway and streetscape design should also include a mix of straight and curvilinear lotting patterns, with a varied parkway landscape treatment to set the tone for the neighborhood.
3. Design guidelines are general and are meant to be interpreted with some flexibility in their application to specific projects. 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.
4. Design guidelines are divided into two (2) general categories: (a) single-family residential, and (b) multifamily residential. Each category is further divided into architectural and site planning guidelines.
17.08.060 Single-family site planning.
A. In-Fill in Existing Neighborhoods
1. It is the intent of these guidelines to discourage developments where identical single family dwelling units march down long, uninterrupted streets, with no variation in building scale, placement, or street scene.
2. In-fill development should be encouraged i n a m a n n e r to integrate with the adjoining residential neighborhood. When new residences are designed for these areas, the character and best standards of the area should be considered to enhance integration of the new home into the established neighborhood.
3. In-fill development in existing neighborhoods should complement the distinctive architectural characteristics of surrounding development, for example: general architectural styles, window and door detailing, decoration, materials, roof style and pitch, finished-floor height, porches, bay windows, and other elements should be considered when planning a new structure.
4. In-fill development should continue the functional, on-site relationships of the surrounding neighborhood. For example, in many older neighborhoods common patterns that should be continued are entries facing the street, front porches, and drought tolerant landscape designs.
Commented [CS1]: Adjust once arrangements are
final
Item Number: 4.
B. Single-family subdivision review criteria and guidelines are as follows:
1. Varied Front Setbacks. Homes and garages placed closer to or further back from the street creates patterns of massing and open space that lends variety to views from the streetscape.
The structures close to the street project themselves into the scene, while structures set further back recede and open space to the viewer, also adding diversity to the view.
2. Interruption of Straight Streets. Roadway capacity and vehicular and pedestrian safety are an essential element of residential subdivision design. Traffic speeds through residential subdivisions can be reduced by introducing curvilinear road designs. However, lines of sight for drivers and pedestrians must be considered when introducing curves to roadway design.
On straight roads, knuckles or cul-de- sacs can sometimes be introduced to limit the length of straight stretches.
3. Varied Side Yard Setbacks. The distance between adjoining homes, or between homes and fences, results in different types of yards ranging in size from private patio areas in more densely designed developments to hundreds of feet in the least dense large lot areas (R-RD).
Greenbelts are an integral part of apartment and condominium developments and respond to the design needs at these densities. In small lot single-family subdivisions, the use of zero lot line setbacks on one (1) side of the lot consolidates open space and increases opportunities for enhanced private open space. In contrast, lands designated for, or already subdivided into, larger lots should be able to enjoy a more generous setback of improvements, consistent with the rural intensity of the development. Building setbacks, including those for ancillary buildings, should be more generous on these larger lots.
4. Lot Orientation. Lots should be oriented to take optimum advantage of the development site, to provide the most functional layout while maximizing the exposure of residences to viewsheds and considering prevailing wind patterns. Lot layouts should also take into account solar exposure and opportunities for locating residences and seasonally appropriate landscaping. The layout of individual lots orientation and subdivision overall can also have a significant effect on the type and feel of a neighborhood that results. On curves, corner or culde-sac lots can often be oriented in a different direction than those at mid-block. In these cases, some lots can be nonrectangular and angled on the street. The streetscape and viewshed can be enhanced by the variety of setbacks and landscaped areas. Structures should be oriented so that a majority of primary living spaces can receive direct sunlight for the daylight hours. In new projects, structures should be positioned to minimize the impact of shadows on adjacent properties and within the project.
5. Varied Lot Widths. Subdivisions should be encouraged to include a varied mix of lot widths.
Making some lots wider, and some narrower, than the average which can provide a less regimented and repetitive p a t t e r n and a more varied mix of open area and structures. It also allows placement of different shapes and sizes of homes. On narrow lots, a variation of only three (3) or four (4) feet can make a perceptible difference. In no instance shall lot widths fall below the minimum set for each zoning district.
6. Garages. Access to residential garages shall be taken directly from the street. With sufficient lot width, garages can be front or side accessed. They can also vary in size and provide utility, Item Number: 4.
work and storage areas. Garages can be detached and connected to the home by breezeways.
In 2-story homes, the second floor can be extended over the garage. In all cases, garages must be designed as integral parts of the home design concept.
7. Zero Lot Line Homes. Zero lot line subdivisions are typically found in planned residential communities, where single-family homes are planned on smaller lots in a way that maximizes open space and privacy. Each subdivision home is flush to the same side lot line. Zero lot line design, as allowed in planned residential development, lends itself well to creation of enclosed courts and patios that a traditional planning approach may prevent.
8. Cul-de-Sac Treatments. Cul-de-sac streets, literally “bottom of the sack,” are relatively short parts of a subdivision lotting plan where traffic largely terminates , and the street serves only those homes located on it. Closed cul-de-sacs are preferable in general. However, for longer cul-de-sacs, and in special circumstances, openings should be provided at the ends for pedestrians.
9. Straight and Curved Streets. Straight streets are generally the most efficient, but occasional curves can provide changing street scenes. Curves that seem very slight in a bird’s-eye view are readily perceived by the driver and interrupt the line of sight. Curves designed on long radii best preserve line- of-sight distances for vehicular and pedestrian safety, while providing visual relief and variety in the streetscape.
C. Walls, Fences, and Hedges.
1. Fences, walls, and/or hedges shall be no higher than four (4) feet for the first 10 feet of yard in the front of street-facing yard setbacks. In the rear or side yard areas not within the front yard setback, the wall, fence, or hedges shall not exceed six (6) feet in height. The aforementioned limitation shall not apply in the following instances:
a. Where a greater height is required by any other provision of the municipal code, state, or federal requirements; or
b. Where a greater height or type of fence, wall or hedge is required by a condition of approval.
2. The following fence materials are permitted in any location on the lot:
a. Solid masonry fencing (i.e., block, rock, or brick with and without stucco covering), provided the color of the masonry or stucco matches or complements the adjacent walls or structures.
b. Solid vinyl fencing.
c. Composite fencing.
d. Corrugated metal fencing.
e. Tubular Steel (wrought iron) fencing.
f. Precision concrete block wall, to match or complement existing structures on the lot. g. Post and wire (not to exceed 48 inches) or split rail (not to exceed 6 feet fencing, may be used along the perimeter of vacant property.
3. Walls and fences should be designed in style, materials and color to complement the dwelling units to which they are attached.
4. Architectural treatment of walls, such as plastering or stucco, a n d f e n c e s s h o u l d b e p a i n t e d o r f i n i s h e d s o all perimeter walls or fences are consistently treated Item Number: 4.
architecturally.
5. Builders and homeowners are encouraged to surface exposed walls with an anti-graffiti coating to ease removal.
6. Prohibited Materials. Chain link material is prohibited for perimeter fencing. Wood is also a prohibited material for perimeter walls unless otherwise accepted by the review authority with findings.
17.08.070 Single-family architecture.
No particular architectural “style” is required for residential structures. However, the City encourages quality architectural design, with a distinct variation, yet integration to develop a sense and appearance of community. Residences designed with a Southwestern, Mission, or Mediterranean style will respond to the varying temperatures and outdoor living opportunities of the desert. In general, the architecture should consider compatibility with surrounding character, including harmonious building style, form, size, color, material, and roofline. Individual dwelling units should be distinguishable from one another.
A. Façade and Roof Articulation.
1. Thoughtful space planning for interior and exterior areas should also include consideration for the resulting building envelope. Façades and the massing of structures should provide variety, proportion and interest. Long uninterrupted exterior walls should be avoided on all structures.
For every 20 lineal feet of an exterior wall, an architectural feature should be integrated.
Varying or articulating the façade also increases opportunities for tying the structure to the site through the use of landscape materials. Appropriate textures, a variety of spatial relief, and design accents on building walls can enhance the integration of the building into the neighborhood.
2. Roofline articulation is encouraged for sloped roofs. Parapet and cornices on flat roofs should be finished with architectural moldings that are appropriate in terms of style and proportion.
Roof design must be an integral part of the building architecture. Roof articulation may be achieved by changes in plane of no less than two (2) feet six (6) inches and/or the use of traditional roof forms such as gables, hips, and dormers. Flat roofs and A-frame type roofs are generally discouraged unless appropriate to the overall architectural style being promoted.
B. Varied Structure Design. Much of recent residential design has been dominated by large tract development with a limited number of models and regimented development standards. To avoid this “cookie cutter” look in single-family development, the design of structures should be varied in tract developments to create variety and interest. Differences in massing and design approaches of each adjacent house should be accomplished. Generally, one (1) residential design should not be repeated more frequently than each fourth house.
C. Attached Dwellings.
Item Number: 4.
1. Attached single-family dwellings should be designed and located on the lot to enhance their appearance as custom homes. Configurations can include architectural treatment t o g i v e t h e a p p e a r a n c e o f large single-family units, large freestanding units sharing a common garage wall, or as traditional row houses.
2. Lengthening the street elevation through the use of walls or other features may frequently be appropriate, can reduce the visual impact of garage doors, and can provide private open space areas screened from traffic and noise.
3. Driveways should be grouped with a separating planting strip to provide clear definition and maximum effective landscape areas.
4. The street portion of garages should have a single-story appearance, while allowing the building to step back in an appropriate architectural transition for 2-story structures. Garages shall be set back from the street sufficiently to allow driveway parking without overhanging the sidewalk; on public streets the minimum setback shall be 20 feet behind the public rightof-way.
D. Scale. Proportion is the essence of good design. The variety and size of massing and shapes designed into a building shall be scaled to one another and shall relate to the use of the structure as a single-family residence. Residential structures shall be designed to be within a human scale so as not to overwhelm or dominate their surroundings.
E. Finish Materials.
1. Finish materials to be used on the facades of structures and garage doors is important in providing a functional and attractive living space. The selection of finish materials should be consistent with a direct outgrowth of the architectural concept for the building. The use of tile roofing materials is particularly appropriate for residences designed in Spanish, Mission, Southwestern, and Mediterranean architecture.
2. Materials to be avoided include: metal or aluminum siding and most metal roofs, reflective materials and finishes, and unfinished concrete block. Exposed wood should be properly finished and stained rather than painted to assure maximum life of the coating in the desert environment.
3. Stucco is the predominant finish material on new homes. When applied in new development, the finish texture shall be consistent with the architectural style of the building. For instance, adobe or southwestern style architecture will typically have a smooth, hand-finished stucco appearance. A “sack finish” over slumpstone is also an appropriate finish. More conventional home designs will use an “orange peel” finish consistent with the crisp lines of these residences.
F. Vents and Downspouts. Frequently and unnecessarily a functional afterthought are roof and side wall vents, flashings, and downspouts. These and other protrusions from the building envelope should be finished to match the adjacent materials and/or colors. Sidewall vents should be framed in to make them an integral part of the elevation and should be finished (stucco, etc.) consistent with the treatment of the façade. Flashing shall be obscured or coated in a manner that reduces contrast and enhances its compatibility with the adjoining roof or wall treatment.
Item Number: 4.
G. Equipment Screening. Heating, ventilation, and air conditioning (HVAC) or other type of equipment shall be mounted on the side of the structure or on the ground. No roof-mounted equipment shall be permitted. All HVAC and similar equipment must be visually and acoustically screened. Screens shall be designed and constructed to intercept both equipment view and noise. The method of screening must be functionally and architecturally compatible in terms of materials, color, shape, and size. The screening design shall blend with the building design. Where individual equipment is provided, a continuous screen is desirable.
H. Accessory Structures. Accessory structures (guesthouses, cabanas, barns, storage sheds, etc.) shall be designed in a manner that is architecturally compatible with the main structure in terms of design and the use of walls/roofs/trellises, fence/wall connections, and/or landscaping.
I. Garage Doors. In new construction the design and construction of garage doors shall be to integrate these into the walls, rather than flush with the exterior wall. Garage door framing should be kept simple, clean, and with limited adornment. Garage doors shall be steel or aluminum f r a m e d and preferably a roll-up type of design. In tract subdivisions, a variety of compatible designs should be used throughout a project to enhance visual interest. The design of the garage door should relate to the particular architectural style selected.
J. Lighting Fixtures/Intensity. Lighting fixtures on single-family homes serve safety and convenience, as security devices, and as integral design elements of the home. Garage-mounted lighting should be carriage-type or equivalent in scale that is consistent with the architectural style and proportions of the home. The use of flood security lighting shall be screened or shielded to avoid spilling onto adjoining properties and streets. In all instances, lighting levels shall be kept to that minimum necessary to illuminate paths and walkways, while providing their security function. (Prior code § 159.04.050(4))
17.08.080 Single-family housing, existing.
A. Additions, alterations and expansions to single-family housing which legally existed prior to the adoption date of the ordinance codified in this title shall comply with the standards of the residential district in which the project is located. (Prior code § 159.04.030(2)(O)) B. In instances where a main dwelling unit does not conform to this code for minimum dwelling unit size and for rear and side yard setbacks, an addition or expansion of the main dwelling unit can be made to come into compliance with the minimum dwelling unit size following the original line of the house, encroaching into today’s setback requirement(s) upon review and approval of the Community Development Director.
17.08.90 Accessory dwelling unit.
A. This section provides for accessory dwelling units on lots developed or proposed to be developed with single-family dwellings or multi-family units, provided they comply with Item Number: 4.
the requirements of this section. Accessory dwelling units are a residential use which is consistent with the General Plan objectives and zoning regulations, and which enhances housing opportunities, including near transit.
B. This section applies to all lots that are zoned residential. Accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit it located, and are a residential use that is consistent with the existing General Plan and zoning designation for the lot.
C. For purposes of this section, the following definitions shall apply.
1. "Junior accessory dwelling unit" means a unit that is no less than 150 square feet and no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.
2. "Living area" shall have the same meaning as California Government Code Section 65852.2(i)(1) (or successor section in the Government Code), notwithstanding any provision in Section 9.280.030 of this code to the contrary.
3. "Primary residence" shall have the same meaning as "dwelling, main or Primary residence" as defined in Section 9.280.030 (or successor section).
4. "Public transit" means a location, including but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes and are available to the public (consistent with Government Code Section 65852.2, subdivision (j)(9).
D. An accessory dwelling unit within an existing space including the primary structure, attached or detached garage or other accessory structure shall be permitted ministerially with a building permit regardless of all other standards within the chapter if it complies with:
1. Building and safety codes;
2. Fire codes.
E. Accessory dwelling units shall meet the following general developmentstandards:
1. Except as otherwise allowed under Government Code Section 65852.26, the unit may be rented separately from the primary residence but may not be sold or otherwise conveyed separate from the primary residence.
2. The lot is zoned for single-family residential use and contains an existing or proposed single- family dwelling.
3. The accessory dwelling unit is either attached or located within the living area of the proposed or existing dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling, and located on the same lot as the proposed or existing dwelling, including detached garages.
Item Number: 4.
4. The total floor area of an attached accessory dwelling unit shall not exceed 50% of the existing primary dwelling or 850 square feet, or 1,000 square feet for a unit that provides more than one bedroom, if the primary dwelling is less than 1,600 square feet.
5. The total floor area for a detached accessory dwelling unit shall not exceed 50% of the primary dwelling or 1,200 square feet, whichever is less.
6. An accessory dwelling unit shall include a kitchen and bathroom.
7. An efficiency unit as defined by Section 17958.1 of the California Health and Safety Code must be a minimum of 150 square feet.
8. Local building code requirements that apply to detached dwellings, as appropriate. The construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or Code Compliance officer makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this clause shall be interpreted to prevent the Building Official from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section.
9. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
10. No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four (4) feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
11. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence and may employ alternative methods for fireprotection.
The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
12. The accessory dwelling unit must be approved by the Riverside County Department of Environmental Health and the Regional Water Quality Control Board where a private sewage disposal system is being used or proposed.
13. Parking requirements for accessory dwelling units shall not exceed one (1) parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
a. Off-street parking shall be permitted in setback areas or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. b. There shall be no additional parking requirement for an accessory dwelling unit in any of Item Number: 4.
the following instances:
i. The accessory dwelling unit is located within one-half (½) mile walking distance of public transit.
ii. The accessory dwelling unit is located within an architecturally and historically significant historic district.
iii. The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
iv. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
v. When there is a car share vehicle located within one (1) block of the accessory dwelling unit.
vi. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subsection.
c. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, those off-street parking spaces need not be replaced.
14. One (1) accessory dwelling unit and one (1) junior accessory dwelling unit is permitted per lot with a proposed or existing single-family dwelling if all of the following apply:
a. The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
b. The space has exterior access from the proposed or existing single-family dwelling. c. The side and rear setbacks are sufficient for fire and safety. d. The front yard setback of the underlying zone shall apply, unless either the attached or detached units does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other development standards.
e. The junior accessory dwelling unit complies with the requirements of California Government Code Section 65852.22.
15. One (1) detached, new construction, accessory dwelling unit that does not exceed four (4)-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subsection D, if it complies with the following:
a. A total floor area limitation of not more than 800 square feet. b. A height limitation of 16 feet on a lot with an existing or proposed single family or multifamily dwelling unit.
c. A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half (1/2) of one (1) mile walking distance of a major transit stop or a high-quality transit corridor, as Item Number: 4.
those terms are defined in Section 21155 of the Public Resources Code. d. An additional two (2) feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. e. A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.
f. A height of 25 feet or the height limitation that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling.
16. Multiple accessory dwelling units are permitted within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
a. One (1) accessory dwelling unit is permitted within an existing multifamily dwelling and up to 25 percent of the existing multifamily dwelling units may contain an accessory dwelling unit.
b. Not more than two (2) accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling are permitted, and are subject to a height limit of subsection 14, and four (4)-foot rear yard and side setbacks.
c. If the existing multifamily dwelling has a rear or side setback of less than four (4) feet, no modification of the existing multifamily dwelling shall be required.
17. A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time.
The applicant shall not be required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district.
18. An accessory dwelling unit that is rented must be rented for terms longer than thirty (30) days.
Under no circumstances shall an accessory dwelling unit be eligible for a short-term vacation rental permit.
19. In the event of any conflicts between the standards set forth in this section and those set forth in the regulations of the applicable zoning district, the provisions of this section shall prevail.
20. The applicant shall pay to the city all applicable fees imposed on such new development of an accessory dwelling unit or new or rehabilitated primary residence that will include an accessory dwelling unit, provided, however, that no impact fee shall be imposed upon the development of an accessory dwelling unit less than 750 square feet, and any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.
F. Accessory dwelling units shall be permitted ministerially if all applicable requirements and development standards of this chapter are met, and no variances are required. The City shall act on the building permit application to create an accessory dwelling unit within 60 days from the date the City receives a completed application if there is an existing single-family dwelling on the lot. If the building permit application to create an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the City Item Number: 4.
may delay acting on the permit application for the accessory dwelling unit until the City acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. The City may charge a fee to reimburse it for costs incurred in connection with implementing this subsection.
G. Notwithstanding subsections C through F inclusive, accessory dwelling units are prohibited if:
1. The lot is subdivided pursuant to SB 9, when there are two (2) units existing on each lot.
2. Both the lot subdivision and housing unit construction on the lot are done as an SB 9 project.
H. Accessory dwelling units under this section shall conform to the followingstandards:
1. Rental of the accessory dwelling unit shall be for a term longer than 30days.
2. As part of the application for a permit to create an accessory dwelling unit connected to an onsite water treatment system, a percolation test must be completed within the last five (5) years, or, if the percolation test has been recertified, within the last 10 years.
I. Enforcement. In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2) below, the City, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
1. The accessory dwelling unit was built before January 1, 2020.
2. The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (Ord. 749 2-2-22; Ord. 742, 10-19-21; Ord. 722 9-15-20; Ord. 679 2-19-19; prior code §159.04.030(2)(M))
17.08.100 Junior accessory dwelling unit.
A. Purpose and Intent. This section provides for junior accessory dwelling units on lots developed or proposed to be developed with single-family dwellings, provided they comply with the requirements of this section. Junior accessory dwelling units are a residential use which is consistent with the General Plan objectives and zoning regulations, and which enhances housing opportunities, including near transit on single-family lots.
B. Applicability. The provisions of this chapter apply to all lots that are occupied or proposed to be occupied with a single-family dwelling unit and which are zoned residential. Junior Commented [PV2]: Nicole to re-write to be
compliant with state regs
Item Number: 4.
accessory dwelling units shall not be counted as separate and/or additional units for the purposes of density calculations.
C. Development Standards. A junior accessory dwelling unit (JADU) shall not exceed 500 square feet and must be completely contained within the space of a single-family residence. All JADUs must comply with the following requirements:
1. Limited to one (1) JADU per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot.
2. The single-family residence in which the JADU is created or JADU must be occupied by the owner of the residence, except when owner is a governmental agency, land trust or housing organization. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit.
3. The owner must record a deed restriction prior to issuance of a certificate of occupancy, a copy of which shall be filed with the City, that contains the following provisions:
a. A prohibition on the sale of the JADU separate from the sale of the singlefamily residence, including a statement that the deed restriction may be enforced against future purchasers.
b. A restriction on the size and attributes of the junior accessory dwelling unit that conforms to this chapter.
4. The JADU must be constructed within the walls of the existing or proposed singlefamily residence.
5. The JADU must have a separate entrance from the main entrance to the proposed or existing single-family residence. In addition, the JADU must have a shared entrance with the main proposed or existing single-family residence.
6. The JADU must include an efficiency kitchen that includes the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.
7. The JADU may share a bath with the primary residence or have its ownbath.
8. A junior accessory dwelling unit shall not require parking in addition to that required for the proposed or existing single-family residence.
9. For the purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.
10. The JADU will be subject to inspections and any fees for such inspections, for determination of whether the JADU is in compliance with applicable building codes.
D. Permit Requirements. Applications for a permit pursuant to this chapter shall be considered ministerially, without discretionary review or a hearing. The City shall act on the building permit application to create a junior accessory dwelling unit within 60 days from the date the City receives a completed application if there is an existing single-family dwelling on the lot.
If the building permit application to create a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay Item Number: 4.
acting on the permit application for the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. The City may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this subsection.
1. If the director denies an application for an accessory dwelling unit or junior accessory dwelling unit, the director shall, within the time period described above, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
2. The director shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.
E. Notwithstanding the above, junior accessory dwelling units are prohibited if:
1. The lot is subdivided pursuant to SB 9, when there are two (2) units existing on each lot.
2. Both the lot subdivision and housing unit construction on the lot are done as an SB 9 project. (Ord. 749 2-2-22; Ord. 742 10-19-21; Ord. 722 9-15-20)
17.08.110 Accessory structures.
A. An accessory structure shall be known as accessory structure(s) to the main dwelling, not to be used for livable space, examples include but are not limited to: sheds, covered patios, garages, gazebos, equipment storage/pump house, or any other structure to be determined as an accessory structure by a similar use determination made by the Community Development Director.
B. The construction of accessory structures in residential land use districts are subject to development review and shall be compatible with the materials and architecture of the main dwelling of the property. Accessory structures may only be constructed on a lot containing a main dwelling unit. Accessory structures may be built toward the side and rear property lines provided that such structures conform to the setback requirements identified in this section.
Building Code requirements may further restrict the distance to be maintained from property lines or other structures. (Ord. 712 6-2-20; prior code § 159.04.030(2)(A)) C. The maximum number of enclosed accessory structures per lot shall not exceed two (2) structures per main dwelling unit on a single-family residential lot, not including any other accessory structure used for habitable space (i.e. ADU, JADU, or Guest House).
D. The maximum number of enclosed accessory structures per lot shall not exceed one (1) structure Item Number: 4.
per main dwelling unit on a residential lot with more than one primary unit, such as a duplex, tri-plex, or fourplex, not including any other accessory structure used for habitable space (i.e.
ADU, JADU, or Guest House).
E. Accessory structures for any residential development with more than five (5) dwelling units shall be subject to a development permit review.
F. Setbacks for accessory structures.
1. Rear and Side Setback.
a. Accessory structures such as barbeques, tennis courts, gazebos and sheds (less than 120 sq. ft), cabanas, and sun and shade sails shall be no closer than five (5) feet from the property line.
b. Enclosed accessory structures with roofs such as patio covers, garages, barns, pump houses, gazebos and sheds (greater than 120 sq.ft.) shall be no closer than 10 feet. The maximum number of enclosed accessory structures per lot shall not exceed two (2) structures per main dwelling unit on a single-family residential lot, not including any accessory structure used for habitable space (Guest House, ADU or JADU).
G. An accessory structure shall not exceed the overall height of the main structure except in the instance where the accessory structure height is necessary for the materials and items being stored inside such as a recreational vehicle garage.
17.08.120 Guest house design standards.
Guest houses, which are distinguished from accessory dwelling because guest houses do not have kitchen facilities and accessory dwelling units require complete independent living facilities. Guest houses are subject to an Administrative Use Permit review and shall be constructed in the following manner:
A. All guest houses shall conform to all development standards of the underlying land use district.
B. There shall be no more than one (1) guest house on any lot.
C. The floor area of the guest house shall not exceed 500 square feet.
D. The guest house shall not exceed the height of the main dwelling.
E. There shall be no kitchen or cooking facilities or wet bar facilities within a guest house.
F. The guest house shall conform to all of the setback regulations outlined in the applicable land use district.
G. A guest house shall be used only by the occupants of the main dwelling, their non-paying Item Number: 4.
guests, or domestic employees. The guest house shall not be rented. (Ord. 679 2-19-19; prior code §159.04.030(2)(F))
17.08.130 Manufactured homes.
A manufactured home shall be installed on a permanent foundation on any lot in the City that is zoned to permit the construction of a conventional single-family dwelling, if it meets the following conditions:
A. The manufactured home shall be certified under the national Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) and shall bear a California insignia or Federal label as required by Section 18550(b) of the Health and Safety Code.
B. The foundation system shall meet the requirements of Section 18551 of the Health and Safety Code as amended or applicable.
C. The manufactured home shall have non-reflecting roofing material and siding material.
D. The manufactured home shall comply with architectural standards as required for all singlefamily architecture as required in Section 17.08.070.
E. Accessory structures, including the required garage, shall be designed in a manner that is architecturally compatible with the main structure in terms of design and the use of walls/roofs/trellises, fence/wall connections, and/or landscaping.
F. The manufactured home shall be used only as a single-family residential use and shall comply with all residential development standards of the zone in which it is located.
G. No manufactured home shall be newly installed on a lot in a permitted residential district if more than 10 completed years have elapsed between the date of manufacture of the manufactured home and the date of the application for the issuance of a permit to install the manufactured home in the affected zone. Notwithstanding, a manufactured home more than 10 years old which is already installed shall not be affected by subsection (A)(7). (Ord. 715 9-1-20; Ord. 679 2-19-19; prior code § 159.04.030(2)(H))
17.08.140 Mobile home park design standards.
The intent and purpose of this section is to establish standards for the development of mobile home parks in a manner that will be compatible with the general plan and surrounding uses.
A. Applicability. Mobile home parks shall be subject to a Conditional Use Permit as noted in Section 17.08.030. Mobile home parks shall be subject to the requirements of the underlying district in which it is located, and the development standards identified in this section.
Item Number: 4.
B. Development Standards.
1. A mobile home park must conform to the residential district development standards and maintain a valid permit in accordance with State laws and regulations, including provisions of the Mobile Home Parks Act, California Health and Safety Code, Division 13, Part 2.1 and the applicable regulations adopted pursuant thereto by the State Department of Housing and Community Development.
2. Recreational vehicles, campers and trailers shall not be used as dwelling units within a mobile home park.
3. A mobile home park shall encompass an area of at least five (5) acres.
4. The density (dwelling units/acre) of a mobile home park shall be subject to the density standards designated in the general plan.
5. A mobile home park shall provide recreational facilities for the benefit of the residents of the mobile home park. (Ord. 679 2-19-19; prior code § 159.04.030(2)(I))
17.08.150 Multifamily housing standards.
In addition to the general development standards set forth in Section 17.08.040 , all multifamily housing shall be constructed as set forth in this section. Also, the provisions of Sections 17.08.150 through 17.08.180 shall apply.
A. All multifamily developments shall provide minimum common useable open space for passive and active recreational uses. Useable open space areas shall not include rights-of-way, vehicle parking areas, areas adjacent to or between any structures less than 15 feet apart, setbacks, patio or private yards, drainage basins, or slope areas greater than eight percent.
B. All multifamily developments with more than 10 units shall provide recreational amenities within the site, which may include a swimming pool; spa; clubhouse; tot lot with play equipment; picnic shelter/barbecue area; court game facilities, such as tennis, basketball, or racquetball; improved softball or baseball fields; day care facilities; or indoor recreation/entertainment, such as a gym or theater. The type of amenities shall be approved by the Community Development Director and be provided according to the schedule set forth below. The Planning Commission shall have the authority to reduce the required common usable open space when, as determined by the Planning Commission, the applicant is providing a highquality amenity of value greater than a single amenity.
Units Amenities
0—10 0
11—50 1
51—100 2
101—200 3
Item Number: 4.
201—300 4
Add 1 amenity for each 100 additional units or fraction thereof C. Common laundry facilities of sufficient number and accessibility consistent with the number of living units and the California Plumbing Code shall be provided unless provided within each unit.
D. Each dwelling unit shall be plumbed and wired for a washing machine and dryer within multifamily developments of 10 units or less.
E. Management and security plans shall be submitted for review and approval for multifamily developments with 10 or more dwelling units. These plans shall be comprehensive in scope and submitted prior to Occupancy. (Ord. 712 6-20)
17.08.160 Multifamily site planning.
Purpose and Intent. To provide for a full range of housing types and densities consistent with the General Plan. To preserve, protect, an enhance the character of the residential neighborhoods and quality of life of City residents. The regulations in this section are intended to help the designer mitigate negative effects and to provide a pleasant residential environment within the context of higher density development.
Residential developments surrounded by high walls, parking lots, and rows of carports along public streets are examples of practices to be used only in limited circumstances where the lot configuration has created unusual circumstances. Unbuffered perimeter parking and drives are discouraged providing a poor image of a project and often functioning as barriers between the project and the surrounding community.
A. Applicability. These standards are mandatory and apply to all multifamily and clustered housing developments and shall be used in the review of a Major Development Permit application to determine compliance.
B. Site Planning Design Standards.
1. Building Articulation. Buildings shall be designed to create elevations that are varied and relatively seamless, blending the façade across multiple units. Long, unbroken façades and box-like forms shall be avoided. Building façades shall be broken up to give the appearance of a collection of smaller structures tied together through a unifying elevation. Building function and visual interest can be enhanced through the use of balconies, setbacks and projections to help articulate individual dwelling units or collections of units, and by the pattern and rhythm of windows and doors.
2. Clustering of Units. Clustered unit design must be developed in a manner that integrates Commented [PV3]: Verify with Building code if
addressed
Item Number: 4.
automobile circulation, storage, open space access and access to each unit.
3. Phasing. If development phasing is proposed, each phase must be self-sustaining in terms of scale and amenities.
4. Limit on Units within a Building. Individual residential buildings shall have no more than 12 units, excepting low-income and senior housing, which may request discretionary approval of a greater number of units.
5. Project Entries. Entries into multifamily developments shall provide residents and visitors with a broad view into the project. They shall be designed as specially treated areas that may provide an open window with landscaping, recreational facilities, and project directories.
Special attention shall be given to hardscape and landscape treatment at entries to enhance the overall project image.
6. Entry Drives. Entry drives shall serve as principal vehicular accesses into multifamily developments rather than a parking drive. Colored, textured paving treatment at entry drives shall be provided to clearly identify the drive; however, stamped concrete is not permitted within public street rights-of-way. Drives shall be located a sufficient distance from intersections to minimize conflicting traffic patterns and to assure adequate lines-of-sight distances.
C. Parking Courts.
1. A parking court of any length shall not consist of more than two double-loaded parking aisles (bays) adjacent to each other.
2. The length of a parking court shall not exceed 14 stalls before broken by a landscaped island, or structure.
3. Parking courts shall be separated from each other by dwelling units or by a substantial landscape buffer.
D. Garages.
1. Individual parking garages within residential structures shall be enclosed behind garage doors.
2. In new construction, garages with parking aprons less those 20 feet in length shall have automatic garage door openers and/or sectional roll-up doors.
E. Carports. Where carports are utilized, they shall follow the same criteria for spatial arrangement as parking courts (subsection C above). Carports may be incorporated with patio walls or used to define public and private open space. Incorporating carports into exterior project walls adjacent to streets shall not be allowed. The ends of each cluster of carports shall be landscaped.
F. Pedestrian Access from Parking. Pedestrian access from parking areas to building entrances and sidewalks shall be clearly delineated by textured or colored pavement, pavement markings, or landscaping, or a combination of such.
G. Open Space Areas and Recreational Amenities.
Item Number: 4.
1. Residents shall have safe and efficient access to usable open space and amenities—whether public or private—for recreation and social activities. The design and orientation of required open space areas shall take advantage of available sunlight and shall be sheltered from the noise and traffic of adjacent streets or other incompatible uses.
2. Required common open spaces shall be conveniently located for the majority of units. Private open spaces shall be contiguous to the units they serve and screened from public view.
Children’s play areas, where provided, shall be visible from the units.
3. Clubhouses and Similar Indoor Amenities. In addition to, or as substitution for, required open space areas, indoor clubhouses and similar amenities may be provided to meet the recreational and social activities of residents of the development. The review of such amenities shall occur through the Major Development Permit process, with the responsible review authority having discretion to allow for the substitution of the indoor amenities for required common and/or private open space areas. In making the determination to allow the substitution, the responsible review authority shall consider, among other factors, the quality of the indoor amenity and the population being served.
H. Landscape Areas.
1. Landscape treatments and enhancements shall implement goals and policies of the General Plan by maximizing the use of native desert and climate-appropriate landscape materials.
Landscape plans shall address wind and water erosion issues and demonstrate the water efficiency gained from plant and irrigation system selection. All areas not covered by structures, drives, parking or hardscape shall be appropriately landscaped. Landscape plans are subject to the approval of the approving authority.
2. As a design element, landscaping shall be used to frame, soften, and enhance the quality of environment; provide buffer units from noise or undesirable views; break up large expanses of parking; and separate frontage roads within a project from public streets. To accomplish these design objectives, landscape elements need vertical dimension. Mexican and desert fan palms, thorn-less mesquite, Mondale pines, silk oak, etc. and tall shrubs are appropriate in addition to grass and groundcover. Trees can be used to provide shading and climatic cooling of nearby units.
I. Refuse Storage/Disposal.
1. A trash enclosure shall be provided for developments of three (3) or more units.
2. Refuse storage, transfer, and disposal facilities shall be enclosed within minimum six-foothigh concrete block containments designed in accordance with the requirements of the City standards and those minimal requirements of the disposal service purveyor.
3. In terms of location and design and treatment, enclosures shall be architecturally related to other structures on the site and softened with landscaping to make the enclosures an integral part of the overall design.
4. Preferred locations include inside parking areas or at the end of parking bays. Locations shall be conveniently accessible for trash collection and maintenance and shall not block access drives during loading operations.
Item Number: 4.
5. Recycling a n d o r g a n i c w a s t e c o l l e c t i o n facilities shall be incorporated into refuse storage/disposal areas for all new development projects and all new construction in existing projects.
J. Auxiliary Facilities. Support structures within multifamily residential projects, such as laundry facilities, health spa and recreation buildings, pool cabanas, and sales/lease offices shall be consistent in architectural design and form with the rest of the complex. Temporary sales offices shall also conform to these standards.
K. Mailboxes. Where common mailbox services are provided, they shall be located as close to the project entry as is practical, giving careful consideration to stacking at entries and on interior drives. Locating mailboxes near recreational or other common use facilities will enhance resident interaction and the community function of the development. Design and architectural character shall be compatible in form, materials, and colors to the surrounding buildings.
Minimal mailbox design specifications and locations must be approved by the U.S. Postal Service.
L. Security. All development design must integrate “defensible space” concepts into the overall plan. Projects shall be designed to optimize security for residents and visitors, while focusing on the creation of an enjoyable residential environment. Parking areas shall be well lighted and located so as to be visible from residential units. Landscaping shall be planned and maintained to provide views into open space areas.
M. Lighting Fixtures/Intensity.
1. Garage- and carport-mounted lighting shall be consistent with the architectural style and proportions of the structures.
2. The use of flood security lighting shall be functionally directed and screened or shielded to avoid spilling onto adjoining properties and streets.
3. In all instances, lighting levels shall be kept to that minimum necessary to illuminate paths and walkways while providing their security function.
4. Plans shall comply with any night-sky preservation ordinance adopted by the City. (Ord. 712 6-2-20; prior code § 159.04.050(5))
17.08.170 Multifamily architecture.
A. Architecture Generally. No particular architectural style is required for residential structures.
However, the City will review all residential development plans. Multifamily residential development designed with a southwestern, mission, or Mediterranean style will best respond to the goals and policies of the General Plan, and to the varying temperatures and outdoor living opportunities of the high desert. The focus shall be on the creation of a quality, self-contained residential community. Designers and architects shall consider compatibility with neighborhood character of surrounding properties, including similar building style, form, size, color, material, and roofline.
Item Number: 4.
B. Design Approaches. The following design approaches shall be incorporated:
1. Varying front setbacks within same structure and between different buildings and the street.
2. Use of staggered and jogged unit planes to distinguish units.
3. Use of reverse building plans to add variety.
4. Limit the development of adjacent units with identical wall and rooflines.
5. Varying of orientations to avoid the monotony of garage door corridors.
C. Façade and Roof Articulation.
1. Façades and the massing of structures shall provide variety, proportion, and interest. Long uninterrupted exterior walls shall be avoided on all structures. Appropriate textures, a variety of spatial relief, and design accents on building walls shall be used to enhance the integration of the building into the neighborhood. Long structures, if they are appropriately articulated, may be acceptable; however, structures (including garages and carports) exceeding 150 feet in length shall not be permitted.
2. Roof design must be an integral part of building architecture. Roof articulation may be achieved by changes in plane of no less than two feet six inches and/or the use of traditional roof forms such as gables, hips, and dormers.
3. Roofline articulation shall be incorporated into the use of sloped roofs.
4. Parapets and cornices on flat roofs shall be finished with architectural moldings that are appropriate to the building architecture in terms of style and proportion.
5. Secondary hipped or gabled roofs covering the entire mass of a building are preferable to mansard roofs or segments of pitched roof applied at the structure’s edge.
6. The use of flat roofs and A-frame type roofs must be appropriate to the overall architectural style being promoted.
D. Increased Setbacks. To achieve higher densities and provide adequate parking and open space amenities, multifamily projects are typically multi-story, and their bulk has the potential to dominate surrounding uses. The scale of such projects must be considered within the context of their surroundings. Where a multifamily structure abuts a property zoned for single-family residential use and is planned to exceed two stories in height, that portion of the structure greater than two stories shall be set back an additional five feet.
E. Building/Finish Materials.
1. The selection of finish materials structures, walls, carports and garage doors shall be consistent with the architectural concept for the building. The use of tile roofing materials is particularly appropriate for residences designed in Spanish, Mission, Southwestern, and Mediterranean architecture or their derivations.
2. Materials to be avoided include metal or aluminum siding and most metal roofs, reflective materials and finishes, and unfinished concrete block. Use of exposed wood shall be kept to a minimum and shall be properly finished and stained rather than painted to assure maximum Item Number: 4.
life of the coating in the desert environment.
3. Where stucco is used, the finish texture shall be consistent with the architectural style of the building. For instance, adobe or southwestern style architecture will typically have a smooth, hand-finished stucco appearance.
4. Larger residential buildings and walls shall include a greater variety of complementary materials to break up building expanses, including split-face precision block, fluted block, brick, and tile. A “sack finish” over slumpstone is an especially appropriate finish, consistent with the community design goals and policies of the General Plan.
F. Balconies, Porches, and Patios. Balconies, porches, and patios shall be integrated into the design and siting of multifamily structures for enhanced functional and living environment values.
These elements shall be integrated to break up large wall masses, offset floor setbacks, and add human scale to structures.
G. Dwelling Unit Access. Individual walkways, corridors, or access balconies shall be designed to serve no more than five units. The use of long, monotonous walkways shall be avoided. To the maximum extent practicable, the entrances to individual units shall be plainly visible from nearby parking areas. Distinctive architectural elements and materials shall be used to denote prominent entrances.
H. Exterior Stairs. Exterior stairs shall be designed as simple, clean, bold projections that complement the architectural massing and form of the multifamily structure. Stairways shall be of smooth stucco, plaster, wood, or decorative wrought iron with accent trim of complementary colors to help identify them in the elevation and denote their function. Thin-looking and disproportionate, open metal, prefabricated stairs shall not be used.
I. Carports, Garages, and Accessory Structures.
1. Detached and attached garages, carports, and accessory structures shall be designed as an integral part of the architecture of projects. They shall be consistent in their use of materials, color, and design detail and compatible with the principal structures of a development.
Carports may utilize flat roofs but shall not project above any exterior walls adjacent to streets, their preferred location being on the interior side of parking areas. Prefabricated metal carports shall not be used.
2. Where garages are utilized, doors shall appear set into walls rather than flush with the exterior wall. Their design shall be compatible with the architectural theme.
J. Gutters, Downspouts, and Roof Vents.
1. Gutters and downspouts shall be concealed unless designed as a continuous architectural feature. Exposed gutters used as architectural features shall be colored to match fascia or wall material. Exposed downspouts shall be colored to match the surface to which they are attached unless uncoated copper is used.
2. Roof vents shall be colored to match roofing materials or the dominant trim color of the Item Number: 4.
structure. Sidewall vents shall be framed in to make them an integral part of the elevation and shall be finished (stucco, etc.) consistent with the treatment of the façade. Flashing shall be obscured or coated in a manner that reduces contrast and enhances its compatibility with the adjoining roof or wall treatment.
K. Active and Passive Solar Design. Where active solar panels are used, any associated mechanical equipment shall either be placed in the attic or be pad-mounted and completely screened from view from a public right-of-way and immediately adjacent structures.
L. Mechanical and Utility Equipment. Heating, ventilation, air conditioning (HVAC) or other type of equipment are preferred to be pad-mounted on the ground. If roof-mounted equipment is proposed, then the HVAC and similar equipment must be visually and acoustically screened.
Screens shall be designed and constructed to intercept both equipment view and noise. The method of screening must be functionally and architecturally compatible with the building design in terms of materials, color, shape, and size. Where individual equipment is provided, a continuous screen is desirable. Utility meters and equipment must be placed in locations which are not exposed to view from the street, or they must be suitably screened. All screening devices shall be compatible with the architecture and color of the adjacent structures. (Ord. 712 6-2-20; prior code § 159.04.050(6))
17.08.180 Multifamily in-fill in single-family neighborhood.
A. Intent. New in-fill multifamily projects shall be integrated into existing neighborhoods in manner that provides compatibility with adjacent structures in terms of massing, scale, and architectural treatments, and to provide for privacy.
B. Parking Setback. Parking spaces shall be set back from the right-of-way a minimum of five (5) feet and shall be buffered by landscaping and/or decorative block wall, which shall complement and extend the landscaped portion of the public parkway.
C. Architectural Compatibility. New multifamily developments in existing single-family neighborhoods shall incorporate and complement existing architectural characteristics and scale of existing development. A differing or contrasting architectural style may be appropriate if it enhances the visual environment and establishes a desirable precedent for future development. (Ord. 712 6-2-20; prior code§ 159.04.050(7))
17.08.190 Density bonus.
A. This section is intended to provide incentives for production of affordable housing, senior housing and development of childcare facilities. In enacting this section, it is the intent of the City to implement the goals, objectives, and policies of the General Plan and any applicable specific plans, to address housing needs in the community and ensure consistency between local regulations and California Government Code Section 65915 et seq. (State Density Bonus Law). This section shall apply to all zoning districts where residential development projects, including mixed-use Item Number: 4.
developments, are proposed and where the applicant seeks and agrees to provide lower or moderate-income housing units or donate land to the City in the threshold amounts specified in State Density Bonus Law. This provision shall apply only to the residential component of a mixeduse project and shall not operate to increase the allowable density of the nonresidential component of any proposed project. In order to promote the construction of affordable units, density bonuses, development incentives, waivers, and parking alterations shall be granted pursuant to the provisions of this section.
B. Definitions. For the purposes of this section, unless otherwise apparent from the context, certain words or phrases used in this section are defined as follows:
1. "Applicant" means a developer or applicant for a density bonus pursuant to Government Code Section 65915, subdivision (b), of the California Government Code and subsection C of this section.
2. “Development standard” includes a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other City condition, law, policy, resolution, or regulation.
3. "Housing development," means one (1) or more groups of projects for residential units in the planned development of the city. "Housing development" also includes a subdivision or common interest development, as defined in Section 1351 of the California Civil Code, approved by the city and consisting of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Government Code Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units.
4. “Located within one-half mile of a major transit stop” means that any point on a proposed development, for which an applicant seeks a density bonus, other incentives or concessions, waivers or reductions of development standards, or a vehicular parking ratio pursuant to this section, is within one-half (1/2) mile of any point on the property on which a major transit stop is located, including any parking lot owned by the transit authority or other local agency operating the major transit stop.
5. “Lower income student” means a student who has a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in paragraph (1) of subdivision (k) of Section 69432.7 of the Education Code. The eligibility of a student to occupy a unit for lower income students under this section shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education in which the student is enrolled or by the California Student Aid Commission that the student receives or is eligible for financial aid, including an institutional grant or fee waiver from the college or university, the California Student Aid Commission, or the federal government.
6. “Major transit stop” has the same meaning as defined in subdivision (b) of Section 21155 of the Public Resources Code.
7. “Maximum allowable residential density” means the density allowed under the zoning ordinance and land use element of the general plan, or, if a range of density is permitted, means the maximum Item Number: 4.
allowable density for the specific zoning range and land use element of the general plan applicable to the project. If the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail.
8. "Qualified mobile home park" means a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the California Civil Code.
9. "Senior citizen housing development" means senior citizen housing as defined in Sections 51.3 and 51.12 of the California Civil Code.
10. "Specific adverse impact" means any adverse impact as defined in paragraph (2), subdivision (d), of Government Code Section 65589.5, upon public health and safety or the physical environment, or on any real property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households.
11. “Total units” or “total dwelling units” means a calculation of the number of units that:
a. Excludes a unit added by a density bonus awarded pursuant to this section. b. Includes a unit designated to satisfy an inclusionary zoning requirement.
C. Qualifications for Density Bonus and Incentives and Concessions.
1. The city shall grant one (1) density bonus as specified in subsection G of this section, and incentives or concessions as described in subsection E, when an applicant seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this section, that will contain at least any one (1) of the following:
a. 10 percent of the total units of a housing development for rental or sale to lower income households, as defined in Section 50079.5 of the Health and Safety Code. b. Five (5) percent of the total units of a housing development for rental or sale to very lowincome households, as defined in Section 50105 of the Health and Safety Code. c. A senior citizen housing development, as defined in Sections 51.3 and 51.12 of the Civil Code, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code. d. 10 percent of the total dwelling units of a housing development are for rental or sale to persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code.
e. 10 percent of the total units of a housing development for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). The units described in this subparagraph shall be subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very low-income units.
f. 20 percent of the total units for lower income students in a student housing development that meets the following requirements:
Item Number: 4.
i. All units in the student housing development will be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. In order to be eligible under this subclause, the developer shall, as a condition of receiving a certificate of occupancy, provide evidence to the city, county, or city and county that the developer has entered into an operating agreement or master lease with one or more institutions of higher education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions. An operating agreement or master lease entered into pursuant to this subclause is not violated or breached if, in any subsequent year, there are not sufficient students enrolled in an institution of higher education to fill all units in the student housing development.
ii. The applicable 20-percent units will be used for lower income students. iii. The rent provided in the applicable units of the development for lower income students shall be calculated at 30 percent of 65 percent of the area median income for a single-room occupancy unit type.
iv. The development will provide priority for the applicable affordable units for lower income students experiencing homelessness. A homeless service provider, as defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code, or institution of higher education that has knowledge of a person’s homeless status may verify a person’s status as homeless for purposes of this subclause.
For purposes of calculating a density bonus granted pursuant to this subparagraph, the term “unit” as used in this section means one rental bed and its pro rata share of associated common area facilities. The units described in this subparagraph shall be subject to a recorded affordability restriction of 55 years.
g. 100 percent of all units in the development, including total units and density bonus units, but exclusive of a manager’s unit or units, are for lower income households, as defined by Section 50079.5 of the Health and Safety Code, except that up to 20 percent of the units in the development, including total units and density bonus units, may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code.
2. As used in subsection (C)(1) of this section, the term "total units" does not include units permitted by a density bonus awarded pursuant to this section or any other local law granting a greater density bonus.
3. Election of Density Bonus Category. Each applicant who requests a density bonus pursuant to this section shall elect whether the bonus shall be awarded on the basis of subsection a, b, c, d, e, for g of subsection (C)(1). Each housing development is entitled to only one (1) density bonus, which may be selected based on the percentage of either very low affordable housing units, lower income affordable housing units or moderate-income affordable housing units, or the development's status as a senior citizen housing development, student housing development or qualified mobile home park. Density bonuses from more than one (1) category may not be combined.
Item Number: 4.
4. Previous Density Bonuses. The density bonus provisions shall not apply to any parcel or project area which has previously been granted increased density through a general plan amendment, zone change or other permit to facilitate affordable housing.
D. Continued Affordability.
1. Prior to the issuance of building permits for any dwelling unit, an applicant shall enter into a written agreement with the city to ensure and guarantee the continued affordability of all low and very low income units that qualified the applicant for the award of the density bonus for a period of 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Rents for affordable housing units for lower income households shall be set at an affordable rent. Owner-occupied affordable housing units shall be available at an affordable housing cost. a. The terms and conditions of the agreement shall run with the land, shall be binding upon all successors in interest of the applicant, and shall be recorded in the office of the Riverside County Recorder.
b. The agreement shall also include the following provisions:
i. The applicant shall grant the city the continuing right of refusal to purchase or lease any or all of the designated units at fair market value; ii. The deeds to the designated units shall contain a covenant stating that the applicant or the applicant's successor in interest shall not sell, rent, lease, sublet, assign, or otherwise transfer (whether voluntarily, involuntarily or by operation of law) any interest in such unit without written approval of the city, confirming that the sales price or lease/rent amount of the unit is consistent with the limits established for lowand very-low income households as adjusted by the Consumer Price Index; and iii. The city shall also have the authority to enter into other agreements with the applicant or purchases or lessees of the dwelling units as may be necessary to assume that the designated dwelling units are continuously occupied by eligible households.
2. Prior to the issuance of building permits for any dwelling unit, an applicant shall agree to, and the city shall ensure, that the initial occupant of moderate-income units that are related to the receipt of the density bonus, are persons and families of moderate income and that the units are offered at an affordable housing cost. With respect to moderate-income units, the city shall require the applicant to enter and shall enforce an equity-sharing agreement, unless it is in conflict with the requirements of another public funding source or law. The following shall apply to the equitysharing agreement:
a. Upon resale, the seller of the moderate-income unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation.
The city shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within five (5) years for any of the purposes that promote homeownership as described in subdivision (e) of Section 33334.2 of the California Health and Safety Code.
b. For purposes of this subsection (D)(2), the city's initial subsidy shall be equal to the fair market value of the moderate-income unit at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any down payment Item Number: 4.
assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.
c. For purposes of this subsection (D)(2), the city's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the moderate-income unit at the time of initial sale.
d. The applicant shall grant the city a right of first refusal to purchase any or all of the designated units at fair market value, which right of first refusal shall apply to subsequent sellers.
E. Incentives and Concessions.
1. An applicant for a density bonus may also submit to the city a proposal for specific incentives or concessions in exchange for the provision of affordable housing units in accordance with this section. The applicant may also request a meeting with the city to discuss such proposal. The city shall grant the concession or incentive requested by the applicant unless the city makes a written finding, based upon substantial evidence, of either of the following:
a. The concession or incentive is not required in order to provide for affordable housing costs or for rents for the targeted units to be set as specified in subsection D of this section (i.e., the applicant is unable to demonstrate that the waiver or modification is necessary to make the housing units economically feasible); or b. The concession or incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Health and Safety Code, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households. c. The concession or incentive would be contrary to state or federal law.
2. If the conditions of subsection C and subsection 1 of this subsection E are met by an applicant, the city may grant an applicant applying for incentives or concessions the following number of incentives or concessions:
a. One (1) incentive or concession for housing developments that include: At least 10 percent (10%) of the total units affordable to lower income households; or at least five (5) percent (5%) of the total units affordable to very low-income households; or at least 10 percent (10%) of the total units affordable to persons and families of moderate income in a development in which the units are for rental or sale. b. Two (2) incentives or concessions for housing developments that include: At least 17 percent (17%) of the total units affordable to lower income households; or at least 10 percent (10%) of the total units affordable to very low-income households; or at least 20 percent (20%) of the total units affordable to persons and families of moderate income in a development in which the units are for rental or sale. c. Three (3) incentives or concessions for housing developments that include: At least 24 percent (24%) of the total units for lower income households; or at least 15 percent (15%) Item Number: 4.